In this article, unless the context requires otherwise, the following words have the meanings indicated.
“Active duty” has the meaning stated in § 9–901 of the State Government Article.
“Active service member” has the meaning stated in § 9–901 of the State Government Article.
“Any state” means:
Any state, possession, or territory of the United States;
The District of Columbia; and
The Commonwealth of Puerto Rico.
“Armed forces” has the meaning stated in § 9–901 of the State Government Article.
“County” means a county of this State and includes Baltimore City.
“County board” means the board of education of a county and includes the Baltimore City Board of School Commissioners.
“County superintendent” means the county superintendent of schools of a county and includes the Chief Executive Officer of the Baltimore City Board of School Commissioners.
“Department” means the State Department of Education.
“Elementary and secondary education” means education and programs of education from and including preschool through the end of high school and their equivalent.
“Includes” or “including” means includes or including by way of illustration and not by way of limitation.
“Person” includes:
An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind and any partnership, firm, association, public or private corporation, or other entity; and
The State, any county, municipal corporation, or other political subdivision of this State, and any of their agencies or units.
“Property” means any real or personal property or any interest in real or personal property.
“Public schools” means the schools in the public elementary and secondary education system of this State.
“Reserve component” has the meaning stated in § 9–901 of the State Government Article.
“State Board” means the State Board of Education.
“State Superintendent” means the State Superintendent of Schools.
“Uniformed services” has the meaning stated in § 9–901 of the State Government Article.
“Veteran” has the meaning stated in § 9–901 of the State Government Article.
There shall be throughout this State a general system of free public schools according to the provisions of this article.
Unless Baltimore City expressly is excepted, the provisions of this article apply to Baltimore City.
The General Assembly finds and declares that the Blueprint for Maryland’s Future based on the recommendations of the Maryland Commission on Innovation and Excellence in Education established by Chapters 701 and 702 of the Acts of the General Assembly of 2016 is necessary to transform Maryland’s education system to world–class student achievement levels.
This subtitle constitutes the public policy of the State.
The following principles of the Blueprint for Maryland’s Future are intended to transform Maryland’s early childhood, primary, and secondary education system to the levels of high–performing systems around the world so that Maryland’s education system:
Provides its students with instruction and skills set to international standards that will enable them to be successful in the 21st–century economy and productive citizens of the State;
Gives its children access to educational experiences and opportunities beginning in early childhood that enable them to reach their full promise and potential and be ready for success in college and a rewarding career by the end of high school; and
Elevates overall student performance to be among the world’s best and eliminates achievement and opportunity gaps between students from different family incomes, races, ethnicities, abilities and disabilities, and other defining characteristics.
Achieving the principles of the Blueprint for Maryland’s Future will require a sustained and coordinated statewide effort and a strong accountability system that will hold all entities accountable for implementing the policies effectively so that the public and especially parents will have confidence that the investment in the policies outlined in § 1–303 of this subtitle will achieve the desired outcomes.
The foundation of a world–class education system in Maryland under the Blueprint for Maryland’s Future for education will require:
Early support and interventions for young children and their families, including:
Coordinating and providing services for children and families with the greatest need through centers located in the neediest communities; and
Expanding access to high–quality, full–day prekindergarten programs for 3–year–olds and 4–year–olds through a mixed delivery system;
High–quality diverse teachers and school leaders in every school, requiring:
Elevation of the teaching profession to a profession comparable to other fields, with comparable compensation, that require a similar amount of education and credentialing with career ladders that allow the advancement of teachers and principals based on knowledge, skills, performance, and responsibilities;
Teacher preparation programs in the State’s postsecondary institutions that are rigorous and prepare teacher candidates to have the knowledge, skills, and competencies needed to improve student performance and to teach all students successfully regardless of the student’s economic background, race, ethnicity, and learning ability or disability; and
State exit standards from teacher preparation programs and State standards for teacher licensure that require prospective teachers to demonstrate that they have the knowledge, skills, and competencies to successfully teach students from all backgrounds;
An instructional system that is benchmarked to world–class standards and fully aligned from prekindergarten through 12th grade to a college and career readiness standard, including:
A college and career readiness standard set to world–class standards that certifies that by the end of 10th grade, and not later than the end of 12th grade, a student has the requisite literacy in English and mathematics to be successful in first–year, credit–bearing coursework at a Maryland community college or open enrollment postsecondary institution;
Pathways for students who achieve college and career readiness by the end of 10th grade to choose to pursue:
Highly competitive college preparatory programs;
Early college programs that:
Provide college credit and allow a student to earn an associate degree in high school at no cost to the student; and
Determine eligibility through other factors including assessments, academic performance reviews, and guidance counselor recommendations; and
Career and technology education programs, including expanded opportunities for science–based, certified agriculture education, that:
Are developed in partnership with the private sector;
Include an apprenticeship or other workplace experience; and
Lead to an industry–recognized credential by the end of high school; and
Pathways for those students who have not achieved the college and career readiness standard by the end of 10th grade that enable them to achieve the standard by the end of 12th grade;
A system designed to meet the needs of all students so they can be successful, including the capability to:
Quickly identify students who are falling behind grade level; and
Provide the appropriate, individualized instruction and supports needed to get the student back on track for college and career readiness;
Additional supports and services for students who need them to stay on track for college and career readiness, including:
Students from low–income families as a proxy for the number of students who may need additional supports to perform at grade level and stay on track for college and career readiness;
Students from families where English is not the primary language; and
Students with disabilities;
Equitable learning outcomes regardless of a student’s family income, race, ethnicity, disability, or other characteristics;
Additional resources, supports, and services for children in Maryland who are living in communities with great needs, including high poverty rates, high crime rates, and lack of access to adequate health care and social services, with resources provided at the school level and in the community;
Funding that is sufficient to enable students to achieve the State’s performance standards and that is distributed equitably to school systems and schools across the State; and
A strong system of accountability with the authority to hold all of the entities that are an integral part of the education system accountable for implementing the Blueprint for Maryland’s Future and ensuring that funds are being spent effectively consistent with the policy framework to ensure that all students are successful.
There is a State Department of Education, established as a principal department of the State government.
The head of the Department is the State Board of Education.
The State Board is organized and has the general powers and duties as provided in Subtitle 2 of this title.
Acting under the bylaws, rules, and regulations of the State Board, the State Superintendent is responsible for the administration of the Department and has general supervision of all professional and clerical assistants of the Department.
The State Superintendent shall be appointed and has the general powers and duties as provided in Subtitle 3 of this title.
The following employees shall be appointed to positions in the Department:
Any Deputy State Superintendents of Schools;
Any assistant State superintendents and directors authorized by the State Board and provided in the State budget; and
Any other employees to fill positions authorized by the State Board and provided in the State budget.
From the nominees proposed by the State Superintendent, the State Board shall appoint all employees to positions in the Department.
Except as provided in § 6–405(a)(3) of the State Personnel and Pensions Article, all positions shall be in the executive service, management service, professional service, or skilled service in the State Personnel Management System.
With the advice of the State Superintendent, the State Board shall set the qualifications for each position in the Department.
The State Superintendent may transfer employees within the Department as necessary.
All employees who are assigned to the executive service or management service or who are special appointees shall serve at the pleasure of the State Board and the State Superintendent.
All employees in the professional or skilled service shall be removed in accordance with procedures set forth in § 2–105 of this subtitle and Title 11 of the State Personnel and Pensions Article.
In addition to the other duties specified in this section, each employee in the Department has the duties assigned to the employee by the State Superintendent.
The Deputy State Superintendent designated by the State Superintendent or by the State Board is the acting State Superintendent when the State Superintendent is absent or disabled.
Assistant State superintendents and directors have charge of the various divisions of the Department.
The credential secretary and statistician of the Department are special appointments in the State Personnel Management System.
The Department has authority over:
Matters of elementary and secondary education that affect this State; and
The general care and supervision of public elementary and secondary education.
There is a State Board of Education in the Department.
The State Board consists of 13 regular members, and 1 student member, appointed by the Governor with the advice and consent of the Senate.
In making appointments to the State Board, the Governor shall consider representation from:
All parts of this State; and
Areas of this State with concentrations of population or unique needs.
Except as provided in paragraphs (4) through (7) of this subsection, the members of the Board shall be appointed from the general public.
The following individuals may not be appointed to the Board:
Except for the teacher member, a member who is an employee of a county board appointed under paragraph (5) of this subsection, and student member, any individual who is subject to the authority of the Board;
The Governor; and
The State Superintendent.
Of the 13 regular members of the State Board, one regular member shall be a certified teacher who is actively teaching.
The Governor shall appoint the teacher member, with the advice and consent of the Senate, who received the highest number of votes after an election by teachers in the State.
The Department shall provide notice of a teacher member vacancy on the State Board to:
All certified teachers who are actively teaching in the State; and
All teachers’ organizations representing teachers in the State for purposes of collective bargaining.
The election shall be conducted under regulations that the Department adopts.
The Department may consult with the State Retirement Agency of the Maryland State Retirement and Pension System to conduct the election required under this subparagraph.
The teacher member may attend and participate in an executive session of the State Board.
The teacher member may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article.
Of the 13 regular members of the State Board, one regular member may be an employee of a county board who is not the teacher member appointed under paragraph (4) of this subsection.
Not more than two regular members of the State Board may be employees of a county board at any given time.
A regular member who is an employee of a county board may not be a county superintendent.
A regular member who is an employee of a county board may attend and participate in an executive session of the State Board.
A regular member who is an employee of a county board who is a certificated public school employee under Title 6, Subtitle 4 of this article may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article.
A regular member who is an employee of a county board who is a noncertificated, nonsupervisory public school employee under Title 6, Subtitle 5 of this article may not vote on any appeals to the State Board of a dismissal or disciplinary action of personnel under § 4–205 of this article.
Of the 13 regular members of the State Board, one regular member shall be the parent of a student enrolled in a public school in the State.
The Governor shall appoint the parent member, with the advice and consent of the Senate, from a list of three qualified individuals submitted to the Governor by the Maryland PTA.
The Department shall provide notice of the parent member vacancy on the State Board to the Maryland PTA.
The parent member may attend and participate in an executive session of the State Board.
The student member shall be selected by the Governor from a list of 2 persons nominated by the Maryland Association of Student Councils.
The student member shall be:
A regularly enrolled student; and
In good standing in a public high school in the State.
The student member may attend and participate in an executive session of the Board.
The student member may not vote on any matter that relates to:
The dismissal of or other disciplinary action involving personnel; or
Appeals to the State Board under § 2–205 of this subtitle or § 4–205 or § 6–202 of this article.
Each regular member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the State Board as of July 1, 1989.
The Governor shall appoint a new member to fill any vacancy on the Board for the remainder of that term and until a successor is appointed and qualifies.
A member is eligible for reappointment but may not serve for more than two full 4–year terms.
The student member shall serve for a term of 1 year. A student member is eligible for reappointment but may not serve more than two full 1–year terms.
The Governor may remove a member of the State Board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the Governor shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10-day period:
The Governor promptly shall hold a hearing, but a hearing may not be set within 10 days after the Governor sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the Governor in his own defense, in person or by counsel.
If a member is removed, the Governor shall file in the office of the Secretary of State:
A complete statement of all charges made against the member;
The findings of the Governor as to the charges; and
A complete record of the proceedings.
Each year, the State Board shall hold:
A meeting in July; and
At least three other regular meetings.
The Board may hold special meetings as necessary.
At the annual Board meeting in July, the State Board shall select a president and a vice president from among its members.
A member may not serve for more than 4 years as president.
The State Superintendent is the Chief Executive, Secretary, and Treasurer of the State Board.
The State Superintendent shall attend each meeting of the Board and of its committees, except when the tenure, salary, or the administration of the State Superintendent’s office are under consideration.
The State Superintendent may advise the Board on any question under consideration, but may not vote.
A member of the State Board serves without compensation but is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
Except as provided in paragraph (2) of this subsection, the affirmative vote of a majority of the members then serving on the State Board is required for any action by the Board.
In matters considered by the State Board for which a member is prohibited in law from voting, an affirmative vote of a majority of the members then serving who are authorized to vote on the matter is required for action by the Board.
In addition to the other powers granted and duties imposed under this article, the State Board has the powers and duties set forth in this section.
The State Board shall:
Determine the elementary and secondary educational policies of this State; and
Cause to be carried out those provisions of this article that are within its jurisdiction.
The State Board shall adopt bylaws, rules, and regulations for the administration of the public schools.
These bylaws, rules, and regulations have the force of law when adopted and published.
The bylaws, rules, and regulations apply to each county. However, they do not apply to Baltimore City to the extent that they relate to matters that are the subject of other provisions of this article that do not apply to Baltimore City.
The State Board may institute legal proceedings to enforce:
The provisions of this article that are within its jurisdiction; and
The bylaws, rules, and regulations adopted by the Board.
Without charge and with the advice of the Attorney General, the State Board shall explain the true intent and meaning of the provisions of:
This article that are within its jurisdiction; and
The bylaws, rules, and regulations adopted by the Board.
Except as provided in paragraph (4) of this subsection and in Title 6, Subtitles 4 and 5 of this article, the Board shall decide all controversies and disputes under these provisions.
The decision of the Board is final.
The Public Employee Relations Board shall decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this article.
A decision of the Public Employee Relations Board is final.
As Secretary to the State Board, the State Superintendent may administer oaths to witnesses in any matter before the Board.
This subsection does not apply to Baltimore City to the extent that it relates to matters that are the subject of other provisions of this article that do not apply to Baltimore City.
Through the State Superintendent, the State Board shall exercise general control and supervision over the public schools and educational interests of this State.
Through the State Superintendent, the Board shall consult with and advise county boards, county superintendents and their staffs, principals, teachers, and interested citizens.
The Board shall seek in every way to direct and develop public sentiment in support of public education.
With the advice of the State Superintendent, the State Board shall establish basic policy and guidelines for the program of instruction for the public schools.
The policy and guidelines shall be printed in sufficient quantities to provide copies to:
Public school officials and teachers;
Private schools; and
Interested citizens of this State.
The State Board of Education shall require the establishment of criteria in each county for the selection of applicants for enrollment in public secondary school career and technology education programs. Enrollment criteria developed for this purpose shall ensure equal access to programs.
With the advice of the State Superintendent, the State Board shall investigate:
The educational needs of this State; and
Methods to improve educational conditions.
If necessary, the Board may employ additional expert assistance for these investigations.
The State Board shall send the Governor an annual State public school budget including, subject to the Maryland Constitution and existing laws, the appropriation for:
The Department; and
State aid to the counties for current expenses, for student transportation and for the construction of school buildings.
The budget shall be certified by the State Superintendent before it is sent to the Governor.
The State Board shall:
Consider the educational needs of this State; and
With the advice of the State Superintendent, recommend to the Governor and the General Assembly any legislation that it considers necessary.
On the recommendation of the State Superintendent, the State Board shall establish standards and guides for planning and constructing school building projects.
These standards and guides shall be used as the basis for reviewing plans and specifications submitted to the State Superintendent for approval.
The State Board shall maintain a school construction planning service to:
Assist in the development and review of preliminary and final plans and specifications for any public school building project and the educational program that it is designed to house; and
Advise county boards as to the suitability of these construction plans on the basis of educational effectiveness, construction, and reasonable economy of costs.
The State Board shall collect, publish, and distribute to the county boards information on school construction procedures, methods, and materials.
In this subsection, “professional employee” means an employee:
For whom a certificate has been issued by the State Superintendent; and
For whom a salary scale has been established by law for the position or who meets or exceeds the qualifications required for an established salary scale.
From time to time, the State Board shall adopt bylaws, rules, and regulations that establish a minimum ratio of professional employees to students enrolled in the public schools or any combination of grades in these schools.
The ratio established by the State Board for the total number of professional employees for each county, calculated to the nearest whole position on a pro rata basis, may not be more than:
46 for each 1,000 of the first 5,000 students enrolled as of September 30 of each year; and
45 for each additional 1,000 students.
A county may employ more professional employees than the number permitted in this subsection as it considers necessary.
At least 95 percent of the permitted number of professional employees shall be assigned to public schools.
With the advice of the State Superintendent, the State Board shall require each private educational association, corporation, and institution to report annually, on or before August 31, its enrollment and courses of study on the forms that the Board provides.
With the advice of the State Superintendent, the State Board shall specify the information each county board, school official, and teacher is to record and shall require the following information to be recorded:
All financial accounts, including the annual budget; and
All educational records.
The reports containing this information shall be made on the form that the State Board, with the advice of the State Superintendent, requires.
If the State Superintendent agrees, the required information may be sent in automatic data processing, machine–usable form.
The State Board shall submit an annual report to the Governor on:
All operations of the Department;
The support, conditions, progress, and needs of elementary and secondary education in this State; and
The overall plan for elementary and secondary education in this State.
This annual report shall be printed in sufficient quantities for general distribution in this State.
The State Board shall coordinate the overall growth and development of elementary and secondary education in this State.
In consultation with the State Superintendent, the State Board shall develop and periodically update an overall plan consistent with the bylaws that shall identify:
The present and future needs of elementary and secondary education throughout the State, including a discussion of the demographic composition of the elementary and secondary population;
The present and future capabilities of the public elementary and secondary education system in this State;
The short–range and long–range objectives and priorities for elementary and secondary education and methods and timelines for achieving and maintaining them;
Whether current programs adequately prepare graduates for employment opportunities in this State, or postsecondary education opportunities;
The status and needs of the career and technology education program, the vocational rehabilitation program, and the library system of these programs;
The technological advancements that would enhance elementary and secondary education throughout the State;
Methods to upgrade and improve teacher education and teacher certification programs;
The school systems that have dropped below the statewide test averages and shall assess the options available to improve the test averages of these school systems;
The methods to improve the diagnosis of basic reading skill deficiencies of elementary and secondary school students and to improve the literacy rates of these students;
The methods to increase the rate of retention and graduation of secondary school students;
The short–range and long–range objectives for the resolution of the problem of substance abuse by elementary and secondary school students;
The short–range and long–range objectives for the resolution of the problems of youth and teenage pregnancy; and
Methods to find and eliminate any instance of corporal punishment administered to discipline any student in the State.
In this section, “noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in § 10–101 of this article.
This section does not apply to:
Apprenticeship and on–the–job training programs that are subject to the approval of the Apprenticeship and Training Council;
Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits; or
Individuals or entities that offer or arrange for a supplemental educational program or tutoring in subjects usually taught in an elementary or secondary school to students concurrently enrolled in public or nonpublic schools.
This section does not apply to these individuals or entities specified in paragraph (1)(ii) of this subsection solely on the basis that they use the word “school” as a part of their name, in literature or publications such as advertisements, brochures, catalogs or bulletins, or in other pronouncements.
With the advice of the State Superintendent, the State Board shall adopt bylaws, rules, and regulations for the approval and accreditation of all public schools.
With the advice of the State Superintendent, the State Board shall establish minimum requirements for issuing certificates and diplomas by public and private noncollegiate educational institutions in this State.
A noncollegiate educational institution may not operate in this State without a certificate of approval from the State Board.
The State Board shall issue a certificate of approval to a noncollegiate educational institution if it finds that the facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:
The purposes of the institution;
The programs, training, and courses to be taught by the institution; and
The certificates and diplomas to be issued by it.
The State Board may not issue a certificate of approval to an institution that:
Practices discrimination based on race, color, or national origin; or
Does not have a policy prohibiting a principal, vice principal, or any other employee of the institution from administering corporal punishment to discipline a student.
This subsection does not apply to an institution operated by a bona fide church organization, including the Amish and Mennonite church parochial schools. However, an institution that does not have a certificate of approval from the State Board may not receive State funds, except that an institution operated by a bona fide church organization is not required to have a certificate to receive State funds for eligible students in the food service program who are enrolled in nursery school through the eighth grade.
If the State Board believes that a noncollegiate educational institution that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, it shall give the institution written notice of the specific deficiencies.
Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Board, and, within 60 days of receipt of the request, the Board shall hold a hearing to determine if the certificate of approval should be issued.
If, within 6 months from the date on which the application for certification was submitted to the State Board, the institution has received neither a certificate of approval under subsection (e) of this section nor written notice of deficiencies under this subsection, it may request, within 20 days, a hearing before the Board to determine if the certificate of approval should be issued.
If the State Board believes that a noncollegiate educational institution does not meet the conditions or standards on which its certificate of approval was based, it shall give the institution written notice of this belief.
The notice shall specify the alleged deficiencies and direct the institution to correct them within a period of not less than 30 days as set by the Board. If the institution requests a hearing within 20 days of the notice, the Board shall hold a hearing to determine the matter.
The order to correct the deficiencies shall be stayed until a determination is made after the hearing.
The State Board may order a noncollegiate educational institution to end operations if the institution fails to correct the specified deficiencies within the period set by the Board and if:
A hearing is not requested; or
After a hearing, the Board finds that the institution does not meet the conditions or standards.
The order takes effect 15 days after it is issued.
An institution has the right to judicial review of any State Board determination under this section as provided by the Administrative Procedure Act.
The decision of the State Board is presumed correct and proper and the institution has the burden of proving otherwise.
The State Board shall be a party to the proceeding.
A noncollegiate educational institution shall:
Be open for inspection by the State Superintendent or his designee at all reasonable times; and
Furnish the reports and information required by the State Superintendent on the forms provided by the State Superintendent.
Each noncollegiate educational institution that receives notice of a contaminated drinking water supply from the institution’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, shall send notice of the drinking water contamination to the parent or legal guardian of each student attending the institution.
The notice shall:
Be sent by the institution within 10 business days after receipt of the notice of contamination from the institution’s water supplier;
Be in writing;
Identify the contaminants and their levels in the institution’s water supply; and
Describe the institution’s plan for dealing with the water contamination problem until the institution’s water is determined by the appropriate authority to be safe for consumption.
The State Board shall consider an institution’s failure to send the notice required under this subsection in determining whether the institution continues to meet the conditions or standards on which the institution’s certificate of approval is based.
Each noncollegiate educational institution affiliated with a residential child care program or treatment facility shall comply with the provisions of Title 8, Subtitle 5 of this article.
A nonpublic school that is subject to the requirements of this title may not hire or retain any employee who works with or has access to students and who the school knows has been convicted of a crime involving:
An offense under § 3–307 or § 3–308 of the Criminal Law Article or an offense under the laws of another state that would constitute a violation of § 3–307 or § 3–308 of the Criminal Law Article if committed in the State;
Child sexual abuse under § 3–602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3–602 of the Criminal Law Article if committed in this State; or
A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed in this State.
A nonpublic school contract shall provide that a contractor or subcontractor for the school may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of a crime identified under subsection (a) of this section.
The State Board:
Shall revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates subsection (a) of this section; and
May revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates subsection (b) of this section.
There is a Public Education Partnership Fund.
The Fund shall be used to:
Enhance cooperation between the private sector and public education entities;
Facilitate the expansion and development of new partnership initiatives;
Encourage the donation of corporate and foundation money to expand the outreach capacity of the Department; and
Strengthen the development of family and community involvement in public education.
The Comptroller shall credit to the Public Education Partnership Fund any money that is received from public grants and private contributions.
The State Board, upon the recommendation of the State Superintendent, may use money that is credited to the Public Education Partnership Fund for any activity or program that furthers the purposes listed in subsection (a)(2) of this section, including:
Preparation and distribution of information packets and brochures;
Development of public service announcements;
Development of seminars and training programs focusing on public education priorities;
Development of a family and community involvement hotline;
Establishing appropriate award systems for the recognition of educators and business contributors; and
Evaluating and recommending methods to improve the efficiency and promote the growth of private sector and public education partnerships.
The Treasurer shall invest money from the Public Education Partnership Fund for the use of the Fund, and all earnings shall be credited to the Fund.
Expenditures from the Fund shall be made pursuant to an appropriation approved by the General Assembly in the annual State budget or by the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article.
The Fund is a continuing, nonlapsing fund that:
Is not subject to § 7–302 of the State Finance and Procurement Article; and
May not be used as a substitute for State General Fund appropriations.
The Public Education Partnership Fund is subject to audit by the Legislative Auditor as provided under § 2–1220 of the State Government Article.
There is a State Superintendent of Schools in the Department.
The State Superintendent shall be appointed by the State Board for a term of 4 years beginning on July 1 after the Superintendent’s appointment and serves until a successor is appointed and qualifies.
The State Board shall fix the Superintendent’s salary and pay it from the appropriation for the expenses and maintenance of the Department.
The State Superintendent shall:
Be an experienced and competent educator;
Be a graduate of an accredited college or university;
Have at least 2 years of special academic and professional graduate preparation in an accredited college or university; and
Have at least 7 years of experience in teaching and administration.
The State Board may remove the State Superintendent for:
Immorality;
Misconduct in office;
Insubordination;
Incompetency; or
Willful neglect of duty.
Before removing the State Superintendent, the State Board shall send the Superintendent a copy of the charges against the Superintendent and give the Superintendent an opportunity within 10 days to request a hearing.
If the State Superintendent requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the State Superintendent a notice of the hearing; and
The State Superintendent shall have an opportunity to be heard publicly before the State Board in the Superintendent’s own defense, in person or by counsel.
The State Board shall appoint a new State Superintendent to fill a vacancy in that office for the remainder of the unexpired term.
In addition to the other powers granted and duties imposed under this article, the State Superintendent has the powers and duties set forth in this section.
The State Superintendent shall enforce the provisions of:
This article that are within his jurisdiction; and
The bylaws, rules, and regulations of the State Board.
If an educational institution, a county board, or a nonpublic prekindergarten program, or nonpublic school subject to the requirements of § 26–704 of this article violates any of these provisions, the State Superintendent, by written notice, may require the State Comptroller to withhold from that institution, board, program, or school:
All or any part of an appropriation made by the General Assembly; and
All or any part of any other payment from funds budgeted by the State.
The State Superintendent shall:
Carry out the educational policies of the State Board;
Call and conduct conferences of county boards and professional personnel of the county school systems on the condition, needs, and improvement of the schools; and
Prepare and publish pamphlets to:
Stimulate public interest;
Promote the work of education; and
Foster professional insight and efficiency in teachers.
The State Superintendent is a member of the Governor’s Executive Council.
The State Superintendent shall:
Receive and examine each report required under the bylaws, rules, and regulations of the State Board; and
Examine the expenditures, business methods, and accounts of each county board and advise each county board about them.
Subject to the bylaws, rules, and regulations of the State Board, and except as provided in paragraph (5) of this subsection, the State Superintendent, or the State Superintendent’s designee, shall approve or disapprove each:
Proposal for the purchase or sale of any ground, school site, or building that will be used for the education of students;
Plan or specification for the addition to or renovation of a school facility if the addition or renovation costs more than $1,250,000 and will affect the plan configuration of student–occupied spaces;
Plan or specification for the construction of a new school building; and
Change order that costs more than $350,000 for the addition to or renovation, restoration, or construction of student–occupied spaces in a school building or on its grounds.
If the State Superintendent, or the State Superintendent’s designee, disapproves any plan, specification, proposal, or change order, the State Superintendent, or the State Superintendent’s designee, shall state in writing the reasons for the disapproval.
If the construction is to be done by a county board, the board may not begin until the plans and specifications are approved in writing by the State Superintendent, or the State Superintendent’s designee.
If the construction is to be done by contract, the contract is invalid without the written approval of the State Superintendent, or the State Superintendent’s designee.
For the purchase of any ground or school site under paragraph (1) of this subsection, the county board shall submit the purchase to the State Superintendent, or the State Superintendent’s designee, for approval or disapproval not more than 3 years before the project is submitted to the Interagency Commission on School Construction for local planning approval.
The State Superintendent shall certificate the professional personnel in each public school in accordance with this article and subject to the bylaws, rules, and regulations of the Professional Standards and Teacher Education Board.
Renewal requirements for any professionally certificated employee may be waived if:
The renewal is recommended by the county superintendent having jurisdiction over the employee; and
The professionally certificated employee is:
55 years old or older; or
Employed in public or approved nonpublic school service for at least 25 years.
If the program is based on and complies with the standards established by the bylaws, rules, and regulations of the State Board, the State Superintendent shall approve any program of instruction offered by a State institution under the supervision of:
The Department of Juvenile Services;
The Developmental Disabilities Administration or the Behavioral Health Administration of the Maryland Department of Health;
The Department of Public Safety and Correctional Services; or
The residential school located within the Institute of Psychiatry and Human Behavior of the University Hospital.
If the State Superintendent grants approval, he shall issue a certificate of approval for the program to the institution that offers the program.
The certificate may be revoked for cause by the State Superintendent.
Each institution that offers an approved program shall:
Be open at all reasonable times for inspection of the program by the State Superintendent or his designated agent; and
Furnish the information and reports that the State Superintendent considers necessary for evaluation of the program.
The State Superintendent shall issue a certificate of completion of credit to a resident of an institution who successfully completes an approved program of instruction.
The State Superintendent may furnish visual and auditory aids, educational television, and any other aids to facilitate instruction in all subjects in any school, institution, or organization under the supervision of the State Board.
Material collected for this purpose may be made available for a limited time to any responsible institution or organization for the benefit of citizens of this State.
The State Superintendent may make contracts to carry out the provisions of this subsection.
The State Superintendent shall establish an Early Childhood Development Division within the Department.
The State Superintendent shall perform any other duties assigned to him:
Under this article; or
By the State Board.
In this section, “noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in § 10-101 of this article.
Before a private noncollegiate educational institution that operates in this State ends operations, including those operated by bona fide church organizations, the chief administrative officer of the institution shall file with the State Superintendent the original or a legible copy of all essential records of the academic achievements of each former student of the institution who received instruction in any combination of grades 9 through 12 or their equivalents.
These records shall be prepared to present as a separate document the academic record of each former student and the academic information that customarily is required by postsecondary educational institutions when considering a student for admission.
The State Superintendent shall keep a permanent file of these records.
Any person who willfully fails or refuses to comply with the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation.
In this section the following words have the meanings indicated.
“Agency” means a local education agency serving a population of students at least 80% of which are minority students.
“Minority student” has the meaning stated in regulations adopted by the State Superintendent.
“Youth lacrosse nonprofit organization” means a nonprofit organization that:
Is located in a county with an agency;
Provides lacrosse opportunities for children under the age of 18; and
Is recognized by US Lacrosse as a member of the Urban Lacrosse Alliance.
There is a Lacrosse Opportunities Program in the Department.
The purpose of the Lacrosse Opportunities Program is to increase opportunities for minority students to participate in lacrosse in their communities.
The State Superintendent shall develop and administer the Lacrosse Opportunities Program.
An agency or a youth lacrosse nonprofit organization may submit an application to the Department to receive a grant for a program that is in furtherance of the purpose of the Lacrosse Opportunities Program.
An application shall include:
A description of the scope and purpose of the proposed program;
A business plan that includes the estimated total cost of the proposed program; and
Any other information required by the Department.
In awarding a grant under the Lacrosse Opportunities Program, the Department shall:
Require the grantee to provide matching funds from any combination of federal, county, municipal, or private sources; and
Ensure that the grant does not exceed 50% of the total annual cost of the grantee’s program.
The State Superintendent or the State Superintendent’s designee shall:
Review grant applications submitted in accordance with subsection (d) of this section; and
To the extent funds are available, provide grants to agencies and youth lacrosse nonprofit organizations that meet the requirements for a grant under this section.
For fiscal year 2014 and each fiscal year thereafter, the Governor may include in the annual budget submission at least $40,000 for the Lacrosse Opportunities Program.
The State Superintendent shall adopt regulations to implement this section.
In this section, “outreach program” means a comprehensive recruitment and outreach program designed to encourage the top 25% of high school students from each local school system to consider pursuing a Maryland professional teacher’s certificate.
The Department, in collaboration with teacher preparation programs at institutions of higher education, county boards, teachers, and other interested stakeholders, shall establish:
An outreach program within the Department; and
A digital recruitment platform aimed at encouraging individuals to enter the teaching profession in Maryland.
The outreach program and digital recruitment platform shall make use of a combination of free public service media and paid media, online resources, e–mail, and social media to implement a statewide marketing campaign to:
Improve the public perception of the teaching profession and encourage individuals to pursue a Maryland professional teacher’s certificate by:
Gathering contact information of interested individuals and providing the individuals with information about the teaching profession;
Engaging prospective teachers with messaging that cultivates interest in the profession;
Creating opportunities for prospective teachers to communicate with role model teachers through a “Talk to a Teacher” program;
Connecting prospective teachers with opportunities for hands–on teaching experiences;
Assisting prospective teachers in learning the certification process for becoming a teacher; and
Connecting prospective teachers with teacher preparation programs at institutions of higher education in the State;
Provide information to increase awareness of available incentives for individuals who pursue a Maryland professional teacher’s certificate, including the Teaching Fellows for Maryland scholarship program established under Title 18, Subtitle 22 of this article; and
Provide information to increase awareness of the opportunity gaps that exist in various schools and the racial disparities between the student demographics and teaching population.
The outreach program and digital recruitment platform shall focus recruitment efforts on:
Individuals from ethnic, racial, gender, and other demographic groups that are underrepresented in the teaching profession in Maryland and within teacher shortage fields; and
Teacher shortage fields identified by the Department.
The Department shall establish a steering committee that includes individuals from ethnic, racial, gender, and other demographic groups and that includes both faculty and student representatives of historically black colleges and universities and other institutions of higher education.
The Department may not implement the requirements of this subsection until full consultation with the steering committee has taken place.
The outreach program and digital recruitment platform shall include marketing efforts to counselors and career centers at high schools and institutions of higher education in the State.
The Governor shall include in the annual budget bill an appropriation of at least $250,000 for the Department to implement the requirements of this section.
This title applies to all county boards including Baltimore City.
The geographical boundary of each county school system is the same as the geographical boundary of the county.
There is a county board of education for each county school system.
Each county board is a body politic and corporate by the name of the Board of Education of ........... County.
A county board:
Has perpetual existence;
May sue and be sued; and
May have, use, alter, or abandon a common seal.
Subsections (b), (c), and (d) of this section do not apply to a county if the number of members of the county board is regulated by other provisions of this title.
If a county school system has an enrollment of less than 50,000 students, the county board shall have five members, except that:
The Worcester County Board shall have the number of members provided in subsection (e) of this section; and
Any county board that had more than five members on July 1, 1969, shall retain that number of members.
If a county school system has an enrollment of 50,000 students or more but less than 100,000 students, the county board shall have seven members.
If a county school system has an enrollment of 100,000 students or more, the county board shall have nine members except as provided in § 3–901 of this title for Montgomery County and § 3–1002 of this title for Prince George’s County.
The Worcester County Board consists of seven voting members and one nonvoting student member from each public high school in the county.
Except as provided in paragraph (2) of this subsection, the Governor shall appoint the members of each county board from the residents of that county.
The members of the following county boards of education shall be selected as follows:
The Baltimore City Board of School Commissioners in accordance with § 3–108.1 of this subtitle;
The Harford County Board of Education in accordance with § 3–6A–01 of this title;
The Caroline County Board of Education in accordance with § 3–3A–02 of this title; and
The county boards of education in the counties listed in § 3–114 of this subtitle in accordance with the provisions of that section.
Each member shall be appointed solely because of character and fitness and without regard to political affiliation.
An individual who is subject to the authority of the county board may not be appointed to or serve on the county board.
Each member serves for a term of 5 years beginning July 1 after the member’s appointment and until a successor is appointed and qualifies.
The Governor shall appoint a new member to fill any vacancy on an appointed board for the remainder of that term and until a successor is appointed and qualifies.
Unless otherwise disqualified under this section, a member of a board is eligible for reappointment. However, an individual may not serve for more than 2 consecutive terms.
With the approval of the Governor, the State Superintendent may remove any member of a county board appointed under this section for:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least half of the scheduled meetings of the board in any 1 calendar year.
Before removing a member, the State Superintendent shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Superintendent promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Superintendent sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Superintendent in his own defense, in person or by counsel.
If a member who is removed so requests, the State Superintendent shall file with the clerk of the circuit court for the county from which the member was appointed:
A complete statement of all charges made against the member;
The findings of the State Superintendent; and
A complete record of the proceedings.
In this section the following words have the meanings indicated.
“Board” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.
“Mayor” means the Mayor of Baltimore City.
“Panel” means the Baltimore City Public School Board Community Panel.
There is a Baltimore City Public School Board Community Panel.
The purpose of the panel is to select nominees to be recommended to the Mayor as qualified candidates for appointment to the board.
The Mayor shall convene the panel.
The panel may include a representative from each of the following organizations, appointed by the organization:
The Baltimore Teachers Union;
The Mayor’s Office;
The Baltimore City Council Education and Youth Committee;
The Baltimore City Public School Administrators and Supervisors Association;
The Maryland Alliance of Public Charter Schools;
The Downtown Baltimore Family Alliance;
The Fund for Educational Excellence;
A parent member of the PTA Council of Baltimore City;
The American Federation of State, County, and Municipal Employees (AFSCME);
The Associated Student Congress of Baltimore City;
The American Civil Liberties Union;
The Parent and Community Advisory Board; and
Disability Rights Maryland.
The Mayor may reconvene the panel if the Mayor elects not to appoint a member from the list submitted by the panel under subsection (d)(1)(i) or (i)(6) of this section.
There is a Baltimore City Board of School Commissioners of the Baltimore City Public School System.
The board consists of:
Except as provided in paragraph (2) of this subsection, nine voting members appointed by the Mayor from a list of qualified individuals submitted to the Mayor by the panel;
Two elected voting members; and
One voting student member elected as provided in subsection (m) of this section.
If the Mayor elects not to appoint a member from a list submitted by the panel under paragraph (1)(i) of this subsection, the Mayor shall reconvene the panel to submit additional names of qualified candidates.
Each member of the board shall be a resident of Baltimore City.
The two elected voting members shall be elected at large by the voters of Baltimore City.
To the extent practicable, the appointed members of the board shall reflect the demographic composition of Baltimore City.
At least four of the appointed voting members shall possess a high level of knowledge and expertise concerning the successful administration of a large business, nonprofit, or governmental entity and shall have served in a high level management position within such an entity.
At least three of the appointed voting members shall possess a high level of knowledge and expertise concerning education.
At least one appointed voting member shall be a parent of a student enrolled in the Baltimore City Public School System as of the date of appointment of the member.
Among the appointed voting members, at least one member shall also possess knowledge or experience in the education of children with disabilities.
The knowledge or experience may be derived from being the parent of a child with a disability.
The term of an appointed voting member is 3 years.
The term of an elected member is 4 years.
The terms of the appointed voting members are staggered as required by the terms provided for the appointed members of the board on June 1, 1997.
At the end of a term, a voting member continues to serve until a successor is elected or appointed and qualifies.
A voting member who is appointed after a term has begun serves only for the remainder of the term and until a successor is elected or appointed and qualifies.
A voting member may not serve more than two consecutive full terms.
Except as provided in subparagraph (ii) of this paragraph, to the extent practicable, the Mayor shall fill any vacancy for an appointed or elected member on the board within 60 days of the date of the vacancy from a list of qualified individuals submitted to the Mayor by the panel.
If the Mayor elects not to appoint a member from a list submitted by the panel under subparagraph (i) of this paragraph, the Mayor shall reconvene the panel to submit additional names of qualified candidates.
The elected members of the board shall be elected:
At the general election in November 2022 and every 4 years thereafter; and
In accordance with Title 8, Subtitle 8 of the Election Law Article.
On the approval of the Mayor, an appointed member may be removed only for cause in accordance with § 3–108 of this subtitle.
The State Board may remove an elected voting member for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Each member of the board serves without compensation.
Beginning on July 1, 1999, and every 2 years thereafter, from among its voting members the board shall elect a chairman.
The student member shall be a student regularly enrolled in the student’s junior or senior year of high school in the Baltimore City Public School System who shall be elected by the high school students of the Baltimore City Public School System, in accordance with procedures established by the board in collaboration with the Associated Student Congress of Baltimore City.
The term of a student member is 1 year.
A student member may not serve more than two consecutive full terms.
The student member may vote on matters before the board, including those relating to:
Capital and operating budgets;
School closings, reopenings, and boundaries; and
Student disciplinary matters.
The student member may not vote on matters before the board relating to personnel and collective bargaining decisions.
The student member may attend or participate in an executive or special session of the board.
Any action by the board shall require:
A quorum of a majority of the voting members then serving; and
The affirmative vote of a majority of the voting members then serving.
In the following counties, the members of the county board shall be elected:
Allegany;
Anne Arundel;
Calvert;
Carroll;
Cecil;
Charles;
Dorchester;
Frederick;
Garrett;
Howard;
Kent;
Montgomery;
Prince George’s;
Queen Anne’s;
St. Mary’s;
Somerset;
Talbot;
Washington;
Wicomico; and
Worcester.
In Baltimore City, in accordance with § 3–108.1 of this subtitle, the members of the Baltimore City Board of School Commissioners shall be a combination of members who are elected and appointed.
In Baltimore County, in accordance with Subtitle 2A of this title, the members of the county board shall be a combination of members who are elected and appointed.
In Caroline County, in accordance with Subtitle 3A of this title, the members of the county board shall be a combination of members who are elected and appointed.
In Harford County, in accordance with Subtitle 6A of this title, the members of the county board shall be a combination of members who are elected and appointed.
An individual subject to the authority of the county board may not serve as a member of the county board. At the time of filing a certificate of candidacy for election to a county board, a person shall certify to the local board of supervisors of elections whether or not the person is subject to the authority of the county board. The Governor may not issue a commission of election to a person who has certified affirmatively and who is elected to a county board until the member–elect offers proof that the member–elect is no longer subject to the authority of the county board.
The election of the county boards shall be held as provided in Subtitles 2 through 14 of this title and the Election Law Article.
In this subtitle, “elected member” means a voting member elected under subsection (d) or (e) of this section or a member appointed to an elected position on the county board under subsection (e)(3) of this section.
“Elected member” does not include the nonvoting student member selected under subsection (f) of this section.
The Allegany County Board consists of:
Five elected members; and
One nonvoting student member, who is to advise the other members of the county board on the viewpoint of students who attend Allegany County public schools.
An individual nominated for membership as an elected member on the county board shall be a qualified voter and a resident of Allegany County for at least 1 year before the election.
The elected members of the Allegany County Board shall be elected:
At a general election as required by this subsection or as provided under subsection (e) of this section; and
From Allegany County at large.
Each elected member serves for a term of 4 years beginning on January 2 after the member’s election and until a successor is elected and qualifies. If January 2 is a legal holiday, the term begins on the first day after January 2 that is not a legal holiday.
The terms of elected members are staggered as required by the terms of the members serving on the county board on July 1, 1978.
Except as provided in paragraph (4) of this subsection, the Allegany County Commissioners shall appoint a qualified individual to fill any vacancy in an elected member’s position on the board for the remainder of that term and until a successor is elected and qualifies.
If a vacancy occurs before the date that is 10 days prior to the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at the time of the next general election.
Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the county board.
When more than one member of the board is to be elected at an election and the terms of the offices to be filled at the election vary, the elected candidate receiving the greater number of votes shall fill the office with the longer term.
The candidate receiving the vacated position shall take office as soon as possible after the election, and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.
Except as provided in this subsection, an election to fill a vacancy on the Allegany County Board of Education shall be governed by §§ 8–801 through 8–806 of the Election Law Article.
The Allegany County Board of Supervisors of Elections may adopt regulations to implement this subsection.
The nonvoting student member of the county board shall be:
A twelfth grade student, in good standing, and regularly enrolled in an Allegany County public school;
A resident of Allegany County for at least 2 years; and
Of good character.
The nonvoting student member shall be nominated and elected for a 1–year term during the school year prior to the school year that the member is to serve on the county board in accordance with procedures adopted by the Allegany County Association of Student Councils.
If a vacancy occurs in the student member’s position before the end of the term, a qualified student shall be selected for the remainder of the term in accordance with procedures of the Allegany County Association of Student Councils.
The State Board may remove an elected member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Allegany County.
The county board from time to time shall elect a president and vice president from among its elected members.
Each elected county board member is entitled to:
An annual salary set by the Allegany County Commissioners in accordance with Title 28, Subtitle 1 of the Local Government Article; and
Reimbursement, after submitting vouchers, for travel and other expenses.
Each elected member of the county board shall be paid in 12 equal monthly installments.
All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
This section does not prohibit the county board from meeting and deliberating in executive session, provided that any action of the board, together with the individual vote of each member, is contained in a public record.
A nonvoting student member may not attend executive sessions of the county board.
The Anne Arundel County Board of Education consists of:
Seven nonpartisan elected members; and
One student member.
The elected members shall be elected as follows:
One member from each of the seven councilmanic districts in the county, elected by the voters of that district; and
At a general election in accordance with § 3–2A–03 of this subtitle and Title 8, Subtitle 8 of the Election Law Article.
The student member shall be selected in accordance with § 3–2A–05 of this subtitle.
Each member of the county board must be a resident of Anne Arundel County.
A member elected from a councilmanic district must be a resident of that district.
A member who no longer resides in Anne Arundel County may not continue as a member of the county board.
Subject to subparagraph (ii) of this paragraph, a member from a councilmanic district who does not maintain residency in that district may not continue as a member of the county board and the office shall be deemed vacant.
If the boundary line of a councilmanic district is changed, the term of an incumbent member of the county board who no longer resides in that councilmanic district because of the change is not affected during that term.
Subject to paragraph (2) of this subsection, an elected member of the county board serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.
The term of office of each member elected at the general election in 2018 is 6 years.
Each elected member of the county board:
Is eligible for reelection for a second consecutive term in accordance with the provisions of this subtitle; but
May not be elected to serve on the county board for more than two consecutive terms.
At the general election for the elected members of the county board, the ballot shall provide the voters of a councilmanic district with the choice to cast a vote “For” a candidate for election from that district only.
After the election results are certified, the State Board of Elections shall declare for each district whether a candidate has been elected.
In any election, if no candidate files a certificate of candidacy for the office or if no individual otherwise qualifies to have the individual’s name placed on the ballot, the County Council of Anne Arundel County shall appoint a qualified individual to fill that vacancy no later than 30 days after the general election.
The County Council of Anne Arundel County shall select a qualified individual to fill any vacancy in the office of an elected member of the county board for the remainder of the term and until a successor is elected and qualifies.
The student member shall:
Be a regularly enrolled senior year student of good character and in good standing in an Anne Arundel County public high school;
Be selected in the student’s junior year by a method selected by the Chesapeake Regional Association of Student Councils of Anne Arundel County; and
Serve a term of 1 year; and
Continue to serve after graduation and until a successor is appointed and qualifies.
If a vacancy in the position of the student member occurs during the term of the student member, the Chesapeake Regional Association of Student Councils shall:
Conduct a special election at its next general meeting; and
By utilizing the same method that it used to select the previous student member of the board, select another student member to fill the vacancy.
The affirmative vote of at least five members of the county board is required for the approval of any action.
At its annual meeting, the county board shall elect a president and vice president from among its elected members.
The president and vice president shall serve a term of 1 year.
An individual who fills a vacancy in the office of an elected member of the county board under § 3–2A–04 of this subtitle may be elected to serve as president or vice president.
The president of the county board is entitled to receive $17,000 annually as compensation, the vice president is entitled to receive $16,000 annually as compensation, and, except for the student member, the other board members are entitled to receive $15,000 each annually as compensation.
A student member who completes a full term on the county board shall be granted a scholarship of $15,000 to be applied toward the student’s higher education costs.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity to request a hearing within 10 days.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Anne Arundel County.
The Baltimore County Board of Education consists of:
Seven nonpartisan elected members;
Four appointed members; and
One student member.
Of the 11 elected and appointed members of the county board:
One member shall be elected from each of the seven councilmanic districts in the county, established by the County Council of Baltimore County, by the voters of that district; and
Four members shall be appointed by the Governor from the county at large.
The seven elected members shall be elected at a general election in gubernatorial election years in accordance with § 3–2B–02 of this subtitle.
The four appointed members shall be appointed by the Governor in presidential election years from a list of nominees submitted by the Baltimore County School Board Nominating Commission as provided in § 3–2B–03 of this subtitle:
On the expiration of the term of an incumbent appointed member within 30 days after the general election; or
Within the 30–day period otherwise required under this subtitle.
A member from a school board district shall be at least 21 years old, a resident of that district for at least 2 years, and a registered voter of the county before the election.
A member from a district who does not maintain residency in that district may not continue as a member of the county board and the office shall be deemed vacant.
If the boundary line of a district is changed, the term of an incumbent member of the county board who no longer resides in the district because of the change is not affected during this term.
A member may not be elected or appointed to serve on the county board for more than three consecutive terms.
A member who has served three consecutive 4–year terms may not be elected or appointed to the county board until at least 4 years have elapsed since the end of the member’s last term on the county board.
During an election year:
The Governor may not appoint as a member of the county board an individual who files a certificate of candidacy for election to the county board; and
An individual who files a certificate of candidacy for election to the county board may not seek appointment to the county board by the Governor through nomination by the Baltimore County School Board Nominating Commission.
At the general election for the elected members of the county board, the ballot shall provide the voters of that school board district with the choice to cast a vote “For” a candidate for election from that district only.
After the election results are certified, the State Board shall declare for each district whether a candidate has been elected.
In any election, if no candidate files a certificate of candidacy for the office or if no individual otherwise qualifies to have the individual’s name placed on the ballot, the Governor shall appoint a member from a list of nominees submitted by the Baltimore County School Board Nominating Commission to fill that vacancy no later than 30 days after the general election.
There is a Baltimore County School Board Nominating Commission.
The purpose of the Commission is to select nominees to be recommended to the Governor as qualified candidates for appointment to the Baltimore County Board of Education.
The Commission shall hold at least three public hearings, each in a different councilmanic district, on the selection of multiple nominees before recommending to the Governor nominees for appointment to the county board.
For a single vacancy on the county board, the Commission shall hold public meetings in the following manner on the selection of a nominee before recommending to the Governor the nominee for appointment to the county board:
For a vacancy in a councilmanic district, at least one public meeting in that councilmanic district; or
For a vacancy for a member appointed at large, at least one public meeting at the county board administrative offices.
The Commission shall make publicly available on its website:
Live video streaming of each public meeting; and
A complete and unedited archived video recording of each public meeting for which live streaming was made available under item 1 of this subparagraph.
Before the Commission begins interviewing candidates for appointment to the county board, the Commission shall publish the names of all the candidates on the Commission’s website.
Except as provided in subparagraph (ii) of this paragraph, a meeting of the Commission shall be open to the public if it involves an action on a candidate for appointment to the county board.
A meeting of the Commission that involves an interview of or a deliberation about a candidate for appointment to the county board shall be held without the public in attendance and the meeting shall be recorded.
The Commission shall provide a copy of a meeting recording for public inspection within 48 hours after receiving a request for the recording.
The Commission consists of 21 members who shall be appointed in accordance with this subsection.
The Commission shall reflect the rich cultural, geographic, ethnic, and racial diversity of Baltimore County.
The Governor, in consultation with the County Executive of Baltimore County, shall appoint eight members, one from each legislative district that lies in whole or in part in Baltimore County.
The County Executive of Baltimore County shall appoint one member from the county at large.
The following organizations each shall appoint one member:
The Teachers Association of Baltimore County;
The Greater Baltimore Chamber of Commerce;
The PTA Council of Baltimore County, Inc.;
Towson University;
The League of Women Voters of Baltimore County;
The Baltimore County Branch of the National Association for the Advancement of Colored People;
The Baltimore County Public Schools’ Special Education Citizens’ Advisory Committee;
The Baltimore County Student Councils;
The Council of Administrative and Supervisory Employees;
The Education Support Personnel of Baltimore County;
The American Federation of State, County and Municipal Employees Local 3, Council 434; and
The Citizens Advisory Council for Gifted and Talented Education.
The County Executive of Baltimore County shall designate one of the Commission’s members as chair of the Commission.
The term of the chair of the Commission is 4 years.
The term of a member of the Commission is 4 years.
The Baltimore County Public Schools shall provide staff for the Commission.
Beginning October 1, 2018, for each nomination for a vacancy on the county board, the Commission shall submit to the Governor a list of nominees that contains:
At least two names for each vacancy; or
If there are fewer than two applicants for a vacancy, the number of names that is equal to the number of applicants for the vacancy.
Subject to paragraph (2) of this subsection, the Commission may retain and reactivate the application of a candidate for a vacancy on the county board for up to 2 years from the date the Commission submitted the list of nominees to the Governor for the vacancy for which the applicant was initially considered.
The Commission may reactivate the application of a candidate under paragraph (1) of this subsection only with the consent of the applicant.
To reactivate an application under this subsection, the Commission shall:
Within 14 days after the date of the new vacancy, send a notice to the applicant requesting consent to reactivate the applicant’s application; and
Within 14 days after the date the applicant received the notice under item 1 of this subparagraph, receive the consent of the applicant.
Absent an extraordinary circumstance, the Governor shall appoint a member to the county board from the list provided by the Commission.
If the Governor elects not to appoint a member from a list submitted by the Commission, the Governor shall return the list to the Commission and request that the Commission submit the names of additional qualified candidates.
Except for the student member, a member serves for a term of 4 years beginning on the first Monday in December after the member’s election or appointment and until a successor is elected or appointed and qualifies.
An individual who takes office to fill a vacancy for an elected or appointed member serves for the remainder of the term for which the appointment was made and until a successor is elected or appointed and qualifies.
The Governor shall act within 30 days to make any appointment to the county board.
The student member shall:
Be an 11th or a 12th grade student in the Baltimore County public school system elected by the middle school and high school students of the county in accordance with procedures established by the Baltimore County student councils;
Serve for 1 year; and
Advise the county board on the thoughts and feelings of students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to:
Hearings on appeals of special education placements;
Hearings held under § 6–202(a) of this article; or
Collective bargaining.
Subject to subsection (d) of this section, the student member may vote on all matters except those relating to:
§ 6–202(a) of this article;
Collective bargaining; and
School closings, reopenings, and boundaries.
On a majority vote of the nonstudent members, the county board may determine, on a case–by–case basis, whether a matter under consideration is covered by the exclusionary provisions listed in subsection (c) of this section.
On or before December 31, 2023, a workgroup composed of several members of the county board and the executive leadership of the Baltimore County public school system shall develop a draft curriculum for budget training for student members of the county board and submit the draft curriculum to the county board for review.
The training for student members shall:
Focus on the operating and capital budget process of the county board; and
Be facilitated by representatives of the Baltimore County public school system’s Division of Business Services.
Each student member shall be required to complete the budget training:
Within 2 months of the student member’s election to the county board; and
In order to be eligible to vote on budgetary matters.
Each nonstudent member of the county board is entitled to receive $7,500 annually as compensation.
A student member who completes a full term on the county board shall be granted a scholarship of $7,500 to be applied toward the student’s higher education costs.
After submitting vouchers under the regulations adopted by the county board, a member is entitled to the allowances for travel and other expenses provided for in the Baltimore County budget.
A nonstudent member of the county board may not:
Be a candidate for or hold elected or appointed office for:
A political party; or
The local, State, or federal government; or
Be a current employee of the Baltimore County public school system.
The State Board may remove an elected or appointed member of the county board or a member appointed by the Governor to fill a vacancy in office for an elected or appointed member for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity to request a hearing within 10 days.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Baltimore County.
At the first meeting of the county board in December of each year, the county board shall elect a chair and vice chair from among the members.
Except for the actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
Any action of the county board shall be recorded by a voice vote or a roll call vote of each individual member of the county board who is present at the public meeting.
The county board shall:
Keep a formal record of each public meeting; and
Make the record available for review by members of the public on request.
Any final action of the county board shall be made publicly available on the county board’s website within 72 hours of the time the action was taken.
On the county board’s website, each action shall include:
A full and accurate description of the action to inform the public of the motion or question; and
A link or reference to the related video recording of the county board meeting, if available.
The county board may take actions in a closed session in accordance with § 3–305 of the General Provisions Article.
There is a School Shared Space Council in Baltimore County consisting of 12 employees of the county appointed by the County Executive for a term coterminous with that of the county board as follows:
Two from the staff of the county board;
Two from the County Executive’s administrative staff, one of whom shall be the Director of Central Services;
One from the Department of Social Services;
One from the Department of Recreation and Parks;
One from the Department of Aging;
One from the Health Department;
One from the county community colleges, subject to the following conditions:
Representation shall be determined on a rotating basis by alphabetical order by community college name; and
Each such member shall serve for 1 year;
One from the Department of Juvenile Services;
One from the county public libraries; and
One from the Department of Planning.
A county employee Council member who does not maintain his employment in the county shall be replaced.
In addition to the county employee members, there shall be eight county citizens selected as members of the Council as follows and with the following duties:
The county citizen members shall be selected by the County Executive. One member shall be selected from each legislative district of Baltimore County with the approval of the State Senator from that district. Each legislative district representative shall reside in that district;
Each member shall be selected to serve a 2–year term;
A citizen member shall be entitled to attend and vote at a Council session where an issue before the Council concerns the school or schools in the citizen member’s respective district; and
When the Council meets to consider countywide issues, all selected citizen members shall be entitled to attend such sessions and vote.
The Council shall:
Meet as needed to compile the number of spaces in the public schools of the county that are not filled and to evaluate the feasibility of the utilization of the spaces by the community and county departments; and
Report its findings and recommendations to the county board and the County Executive at least twice during the school year.
The County Executive may, by executive order, appoint up to two additional members to the Council from agencies of the county government.
The Calvert County Board consists of five voting members and one nonvoting student member.
The five voting members of the Calvert County Board shall be elected at a general election as required by subsections (d) and (f) of this section.
A member from a county commissioner district shall be a resident of the district.
A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.
A member from the county at large shall be a resident of the county.
A member at large who no longer resides in the county may not continue as a member of the county board.
A member of the county board shall be a registered voter of the county for at least 2 years prior to the date of the beginning of the term of office of the member.
Of the five voting members of the county board:
One shall be elected from each of the three county commissioner districts; and
Two shall be elected from the county at large.
Except for the student member, a member serves for a term of 4 years beginning January 1 after the election of the member and until a successor is elected and qualifies.
The County Commissioners shall appoint a new member to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.
Unless otherwise disqualified under this section, a member of the county board is eligible for reelection.
An individual may not serve for more than three consecutive terms.
One member shall be elected from each of the county commissioner districts at the November, 1996 general election.
Two members shall be elected from the county at large at the November, 1996 general election.
The terms of members are staggered as provided in subsection (i) of this section.
The terms of the interim incumbent members of the county board who hold office on October 1, 1995 shall expire on January 1, 1997.
The members elected under the provisions of subsection (f) of this section shall be elected to replace the members of the county board serving on the board on the date of the election.
The student member shall:
Be an eleventh or twelfth grade student in the Calvert County public school system elected by the high school students of the county in accordance with procedures established by the school system;
Serve for 1 year beginning on June 1;
Be a nonvoting member; and
Advise the board on the thoughts and feelings of the students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student may not attend an executive session.
The terms of the members of the county board who take office on January 1, 1997 shall expire as follows:
The members elected from each of the county commissioner districts in 2000; and
The members elected from the county at large in 2002.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75 percent of the scheduled meetings of the board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person, or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Calvert County.
At its first meeting at the beginning of each calendar year, the county board shall elect a president and a vice president from among its members.
The president of the county board is entitled to receive:
$6,500 as compensation for calendar year 2026; and
$8,500 as compensation for calendar year 2027 and each subsequent calendar year.
The other members of the county board are entitled to receive:
$5,500 as compensation for calendar year 2026; and
$7,500 as compensation for calendar year 2027 and each subsequent calendar year.
An elected member is entitled to health insurance benefits regularly provided to employees of the board of education under the same terms and conditions extended to other employees of the board of education.
The county board shall meet at least once each month.
Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
The county board may take actions in closed session in accordance with § 3–305 of the General Provisions Article.
In this subtitle the following words have the meanings indicated.
“Appointed member” means one of the two voting members appointed by the Governor, with the advice and consent of the Senate, under § 3–3A–02(b)(3)(i)1 of this subtitle.
“Board of education district” or “district” means a geographic area of Caroline County in which an elected member of the Caroline County Board of Education must be a legal resident.
“Elected member” means one of the three nonpartisan voting members of the Caroline County Board of Education elected by the voters of Caroline County.
“Elected member” does not include the nonvoting student members selected under § 3–3A–02(f) of this subtitle.
The Caroline County Board of Education consists of:
Three elected members;
Two appointed members; and
Two nonvoting student members.
One elected member shall be elected from each of the three board of education districts established in Caroline County.
An elected member shall be:
A resident of the district from which the member is elected; and
Elected only by the voters of that district.
Two appointed members shall be appointed by the Governor, with the advice and consent of the Senate, from the county at–large.
Each appointed member shall be a resident of the county.
In appointing members to the county board, the Governor shall ensure, to the extent practicable, that the total makeup of the county board reflects gender, ethnic, and racial diversity.
The board of education districts shall:
Be established by the County Commissioners of Caroline County; and
Be substantially equal in population and reapportioned on the basis of each decennial census of the United States.
Reapportioned districts shall become effective for the term of office commencing after the first regular primary election held at least 15 months after the official report on population is received by the State from the Bureau of the Census.
As applicable for that board of education district, at the general election the ballot shall provide the voter with the choice to cast a vote “For” a candidate for election from that district.
After the election results are certified, the State Board of Elections shall declare for each district whether a candidate has been elected.
An individual elected to the county board shall be at least 21 years old and a registered voter and resident of Caroline County for at least 3 years.
A member may not continue as a member of the county board if the member:
No longer resides in the board of education district that the member is designated to represent; or
Is not a registered voter of Caroline County.
An individual employed by, or under the direction of, the county board or the Caroline County Superintendent of Schools is not eligible to serve on the county board.
A student member of the county board shall:
Be a regularly enrolled eleventh or twelfth grade student of good character and in good standing in a Caroline County public high school during the student’s term in office;
Be selected in the student’s tenth or eleventh grade in accordance with paragraph (3) of this subsection; and
Serve for a term of 1 year; and
If the student is in the twelfth grade, continue to serve after graduation and until a successor is selected and qualifies.
Each high school in the county shall be represented by a student member of the county board.
For nomination to the county board, the student body shall submit to the principal of the high school a list of nominees that contains the names of eligible students.
The principal of the high school shall select the student member from the list of nominees submitted to the principal under subparagraph (i) of this paragraph.
If a vacancy in the position of student member occurs during the term of a student member, the principal of the high school represented on the county board shall select another student member using the method set forth under paragraph (3) of this subsection.
Subject to paragraph (2) of this subsection, each elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.
The initial terms of the elected members are staggered as follows:
The two members elected to the county board at the general election in November 2012 who receive the highest number of votes cast from among the successful candidates at that election shall serve for a term of 4 years; and
The member elected to the county board at the general election in November 2012 who receives the least number of votes cast from among the successful candidates at that election shall serve for a term of 2 years.
In the event of a vacancy of an elected member on the county board due to death, resignation, disqualification, or removal, the remaining voting members shall select a qualified individual to fill the vacancy for the remainder of the term of the vacating member and until a successor is elected and qualifies.
An individual appointed to fill a vacancy for an elected member shall be a resident of the same board of education district as that of the vacating member.
Before filling a vacancy for an elected member, the remaining voting members of the county board shall conduct an interview of each applicant at an open meeting.
The county board shall publish a list of the names of the applicants for a vacancy on the county board at least 2 weeks before the interview of the first applicant is scheduled to occur.
The county board shall cause public notice of the date, time, and location of the interview for each applicant to be published:
At least 2 weeks before the interview is scheduled to occur; and
In the same manner as public notice of a regular meeting of the county board is published.
The county board is not required to conduct discussions of the applicants or make the final selection of the elected member to fill the vacancy at an open meeting.
Subject to paragraph (2) of this subsection, each appointed member serves for a term of 4 years beginning on the first Monday in December 2012.
The initial terms of the appointed members are staggered as follows:
One appointed member shall serve for a term of 6 years; and
One appointed member shall serve for a term of 4 years.
In the event of a vacancy of an appointed member due to death, resignation, disqualification, or removal, the Governor shall appoint another individual to complete the term of the vacating appointed member.
With the approval of the Governor, the State Board may remove any member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing; but
A hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Caroline County.
At its first meeting in December of each year, the voting members of the county board shall elect a president and vice president from among its members.
In the event of a vacancy in the office of president or vice president of the county board, the voting members of the county board shall elect a new officer to fill the vacancy within 30 days after the vacancy occurs.
The president of the county board is entitled to receive $6,000 annually as compensation, and the other voting members are entitled to receive $5,500 each annually as compensation.
As provided in the Caroline County budget, each voting member is entitled to an allowance for travel and other expenses.
A voting member is not eligible for any fringe benefit provided by the Caroline County Public School System, the Caroline County Board of Education, or the County Commissioners of Caroline County, including:
Health insurance;
Life insurance; and
A pension.
The county board shall meet at least once each month.
Each meeting of the county board shall be conducted in accordance with the provisions of the Maryland Open Meetings Act, Title 3 of the General Provisions Article.
The county board may avail itself of any exclusion authorized under the Maryland Open Meetings Act.
The Carroll County Board consists of:
Five voting members;
Subject to subsection (f) of this section, one nonvoting student representative; and
The County Commissioners, who are nonvoting ex officio members.
A candidate elected to the county board shall be a resident and registered voter of Carroll County. Any member who no longer resides in Carroll County may not continue as a member of the board.
Voting members of the Carroll County Board shall be elected as follows:
Two members of the board shall be elected in the November general election of 1994 and every 4 years thereafter;
Two members of the county board shall be elected in the November general election of 1996 and every 4 years thereafter; and
One member of the county board shall be elected in the November general election of 1998 and every 4 years thereafter.
Voting members of the county board shall be elected:
At a general election as required by this section; and
On a general countywide ticket.
Each voting member serves for a term of 4 years beginning the first Monday in December immediately following the voting member’s election and until a successor is elected and qualifies. The terms of the voting members are staggered as required for the elections to the county board in subsection (c)(1) of this section.
A voting member may not serve for more than two consecutive terms.
The Governor shall appoint a new voting member to fill any vacancy on the board for the remainder of that term and until a successor is elected and qualifies.
A voting member of the county board as of October 1, 1993, and any voting member appointed to fill a vacancy in an unexpired term of such member, shall hold office during his term and until a successor is elected and qualifies.
The State Board may remove a voting member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a voting member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the voting member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The voting member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.
A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Carroll County.
The student representative shall:
Be an eleventh or twelfth grade student in the Carroll County public school system elected by the high school students of the county in accordance with procedures established by the school system;
Be a student government association representative at the student’s high school;
Serve for 1 year beginning on July 1 after the election of the student representative; and
Advise the county board on the thoughts and feelings of students in Carroll County public schools.
Unless invited to attend by an affirmative vote of a majority of the county board, the student representative may not attend an executive session of the county board.
At its first meeting on or after the first Monday in December, the county board shall elect a president and vice president from among its members.
The president of the county board is entitled to receive $13,000 annually as compensation and the other voting members are entitled to receive $12,000 each annually as compensation.
The compensation of the president and the voting members described in subsection (a) of this section shall be paid in four equal quarterly installments.
A student representative who completes a full term on the county board shall be entitled to a scholarship of $3,500 to be applied to the student’s higher education costs.
The scholarship shall be paid directly to the educational institution that the student attends.
A student may receive not more than two scholarships of $3,500 each regardless of the number of terms the student serves as the student representative of the county board.
The scholarship may not be considered compensation for the purpose of calculating taxable income.
On the submission of expense vouchers, the student representative is entitled to reimbursement for travel and other expenses incurred in the performance of official duties for the county board.
The student representative is not entitled to any compensation or payment other than that specified under paragraphs (1) and (2) of this subsection for work as the student representative of the county board.
All actions of the county board shall be taken after a public meeting and a record of the meeting and all actions shall be made public.
This section does not prohibit the county board from meeting and deliberating in executive session, provided that all action is taken after a public meeting and the record of the meeting and all action is made public.
The Cecil County Board consists of six members as follows:
One voting member elected from each of the five commissioner districts; and
One nonvoting student member.
The five voting members of the county board shall be elected at a general election as required by subsection (c) of this section.
A member from a county commissioner district shall be a resident of the district.
A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.
A candidate elected to the county board shall be a registered voter and resident of Cecil County for at least 3 years.
Except as provided under subsection (e) of this section, each voting member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.
A voting member may not serve for more than three terms.
The Governor shall appoint a new member to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.
The terms of the voting members are staggered as follows:
Members of the county board from commissioner districts 3, 4, and 5 shall be elected at the 2006 general election and every 4 years thereafter; and
Members of the county board from commissioner districts 1 and 2 shall be elected at the 2008 general election and every 4 years thereafter.
The student member shall:
Be an eleventh or twelfth grade student in the Cecil County public school system elected by the high school students of the county in accordance with procedures established by the school system;
Serve for 1 year beginning on July 1 after the election of the member;
Be a nonvoting member; and
Advise the county board on the thoughts and feelings of students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person, or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Cecil County.
At its first meeting in December of each year, the county board shall elect a president and vice president from among the board members.
The county board shall meet at least once each month.
Subject to subsection (b) of this section, the members of the county board shall receive compensation set by the county council.
The president of the county board is entitled to receive a minimum of $5,500 annually.
The other voting members of the county board are entitled to receive a minimum of $5,000 each annually.
The president of the county board and other members are entitled to reimbursement not to exceed $1,000 a year for travel and other expenses.
The Charles County Board consists of:
Nine elected members; and
One student member.
Of the nine elected members:
Two members shall:
Be elected from each of the four county commissioner districts;
Be a resident of the county commissioner district from which the member is elected; and
Be elected only by the voters of that county commissioner district; and
One member shall be elected from the county at–large.
As applicable for that county commissioner district, at the general election the ballot shall provide the voter with the choice to cast a vote “For” a candidate for election from that county commissioner district.
After the election results are certified, the State Board of Elections shall declare for each county commissioner district whether a candidate has been elected.
An individual elected to the county board shall be:
At least 21 years old; and
A resident and registered voter of Charles County for at least 3 years.
An elected member shall forfeit the office if the member:
Fails to reside in the county commissioner district from which the member was elected, unless this change is caused by a change in boundaries of the district;
Fails to be a resident of the county; or
Fails to be a registered voter of the county.
An individual employed by or under the direction of the county board or the county superintendent is not eligible to serve on the county board.
All elected members of the Charles County Board shall be elected at a general election as required by subsection (e) of this section.
Subject to paragraph (2) of this subsection, each elected member serves for a term of 4 years beginning on the third Monday in December after the general election and until a successor is elected and qualifies.
If the third Monday in December is a legal holiday, the term begins on the first day after the third Monday in December that is not a legal holiday.
The terms of members, beginning with members elected at the general election in November 2022, are staggered as required by the terms provided for elected members of the county board on July 1, 2021.
An elected member may not serve for more than two consecutive terms.
Except as provided in subparagraph (ii) of this paragraph, within 90 days after a vacancy occurs on the county board, the elected members of the county board shall select a qualified individual to fill the vacancy on the board for the remainder of that term and until a successor is elected and qualifies.
The county board may choose not to fill a vacancy that occurs in an election year for the seat that is vacant.
An individual appointed to fill a vacancy of an elected member shall be a resident of the same county commissioner district as that of the vacating member.
An interview of an applicant for a vacancy on the board shall be conducted by the board at a meeting open to the public.
The board shall make publicly available through its website:
Live video streaming of each public meeting under this paragraph; and
A complete video recording of each public meeting that is livestreamed in accordance with this paragraph and the Open Meetings Act.
The board shall publish a list of the names of the applicants for a vacancy on the board at least 2 weeks before the interview of the first applicant is scheduled to occur.
Public notice of the date, time, and location of each interview shall be published:
At least 2 weeks before the interview is scheduled to occur; and
In the same manner as a public notice of a regular meeting of the board is published.
The board is not required to conduct discussions of the applicants or make the final selection of the member to fill a vacancy of the elected member at a meeting open to the public.
With the approval of the Governor, the State Board may remove an elected member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing an elected member, the State Board shall send the elected member a copy of the charges pending and give the elected member an opportunity within 10 days to request a hearing.
If the elected member requests a hearing within the 10–day period:
The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the elected member a notice of the hearing; and
The elected member shall have an opportunity to be heard publicly before the State Board in the elected member’s own defense, in person or by counsel.
An elected member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Charles County.
The student member of the Charles County Board shall be an 11th or 12th grade student in the Charles County Public School System.
The student member, and an alternate, shall be selected by the Charles County Association of Student Councils.
The term of the student member shall be 1 year.
The student member shall be a voting member of the board.
The student member may vote on all matters before the board except those relating to:
Hearings on appeals of special education placements;
Hearings held under §§ 4–205 and 7–305 of this article;
Personnel matters, including those under §§ 6–201 and 6–202 of this article;
Appointment, salary, and evaluation of the county superintendent;
Collective bargaining decisions;
Capital and operating budgets; and
School closings, openings, and boundaries.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to any matter for which the student member may not vote.
On a majority vote of the elected members, the county board may determine, on a case–by–case basis, whether a matter under consideration is covered by the exclusionary provisions listed in paragraph (4) of this subsection.
The State Board may remove the student member from the county board in the same manner as an elected member.
The county board shall elect a chair and a vice chair from among its members at an annual meeting to be held on the second Tuesday in January.
If there is a vacancy in the office of chair or vice chair, the county board shall elect a replacement within 30 days after the vacancy occurs.
The salary of the chair of the county board is:
$5,000 for calendar year 2014; and
$7,000 per year beginning January 1, 2015, and for each subsequent year.
The chair is entitled to:
$1,500 each calendar year for travel and other expenses; and
After submitting expense vouchers and supporting receipts, reimbursement for a maximum of $1,000 per year of out–of–pocket expenses incurred in connection with attendance at out–of–county meetings and conferences related to official duties.
The salary of the vice chair and each nonstudent member of the county board is:
$4,000 for calendar year 2014; and
$6,000 per year beginning January 1, 2015, and for each subsequent year.
The vice chair and each nonstudent member are entitled to:
$600 for travel and other expenses for calendar year 2014;
$800 per year for travel and other expenses beginning January 1, 2015, and for each subsequent year; and
After submitting expense vouchers and supporting receipts, reimbursement for a maximum of $1,000 per year of out–of–pocket expenses incurred in connection with attendance at out–of–county meetings and conferences related to official duties.
Each salary provided under this section shall be paid on a quarterly basis.
The student member may not receive compensation but, after submitting expense vouchers and supporting receipts, may be reimbursed for out–of–pocket expenses incurred in connection with official duties approved by the board.
A student member who completes a full term on the board shall be granted a scholarship of $1,000 to be applied toward the student’s higher education costs.
All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
This section does not prohibit the county board from meeting and deliberating in executive session, provided that all action of the board, together with the individual vote of each member, is contained in a public record.
The Dorchester County Board consists of:
Five voting members, elected in accordance with subsection (b) of this section; and
One nonvoting student member from each public high school in the county.
The elected members of the county board shall be elected at the general election.
One member shall be elected from each of the five councilmanic districts only by the voters of that councilmanic district.
A member elected from a councilmanic district shall be a resident of the district.
A member elected or appointed from a councilmanic district who no longer resides in the district may not continue as a member of the county board.
Each voting member serves for a term of 4 years beginning at noon on the first Monday in December after the member’s election and until a successor is elected and qualifies.
A voting member may not serve for more than three consecutive terms.
The terms of the voting members are staggered as follows:
One member elected from each of the councilmanic districts 1, 3, and 5 at the 2004 general election, and every 4 years thereafter; and
One member elected from each of the councilmanic districts 2 and 4 at the 2006 general election, and every 4 years thereafter.
The County Council shall appoint a new member to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.
A resident of the district in which a vacancy exists may apply for appointment by the County Council to fill the vacancy.
The County Council shall adopt rules governing the procedure through which an individual may apply to fill a vacancy on the county board.
Each student member shall:
Be a twelfth grade student in the Dorchester County public school system elected by the high school students of the public school that the student attends, in accordance with procedures established by the school system;
Serve for 1 year beginning on July 1 after the election of the member;
Be a nonvoting member; and
Advise the board on the interests of students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student members may not attend an executive session.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause:
At least 75% of the scheduled meetings of the board in any 1 calendar year; or
Three consecutive scheduled meetings of the board.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person, or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Dorchester County.
At its first meeting in December of each year, the county board shall elect a president and a vice president from among its members.
Subject to subsection (b) of this section, the voting members shall receive compensation as set by the County Council.
The salary of each voting member of the county board shall be at least $3,200.
The salary of the president of the county board shall be at least $3,600.
Each voting member of the county board may be provided health insurance and other fringe benefits regularly provided to employees of the county board under the same terms and conditions extended to other employees of the county board.
A board member’s participation in a benefits program sponsored by the county board under paragraph (1) of this subsection may not be considered compensation for the purposes of calculating compensation under subsection (a) of this section.
The county board shall meet at least once each month.
Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
The county board may take actions in executive session in accordance with § 3–305 of the General Provisions Article.
The Frederick County Board consists of eight members as follows:
Seven members elected from the county at large; and
One nonvoting student member.
A candidate elected to the county board shall be a resident and registered voter of Frederick County.
Any member who no longer resides in the county may not continue as a member of the board.
A voting member serves for a term of 4 years beginning the first Tuesday in December after the member’s election and until a successor is elected and qualifies.
Voting members of the Frederick County Board shall be elected as follows:
Three members of the county board shall be elected in the November general election of 2000 and every 4 years thereafter; and
Four members of the county board shall be elected in the November general election of 2002 and every 4 years thereafter.
The terms of voting members are staggered as provided in subsection (c) of this section.
If there is a vacancy by an elected member of the county board occurring 30 days or less before the candidate registration deadline for the next primary election, the County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to fill the vacancy on the county board for the remainder of that term and until a successor is elected in accordance with paragraph (4)(i) of this subsection and qualifies.
If there is a vacancy by an elected member of the county board occurring more than 30 days before the candidate registration deadline for the next primary election following the vacating member’s election:
The County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to temporarily fill the vacancy on the county board who shall serve until a qualified individual is elected in accordance with paragraph (4)(ii) of this subsection; and
The individual elected under item (i) of this paragraph shall serve for the remainder of that term until a successor is elected and qualifies.
At a general election, vacancies shall be filled as follows:
The candidates with the highest vote totals shall first fill any vacant positions for a full term of 4 years; and
After all vacant positions for a full term of 4 years are filled, the candidate with the next highest vote total shall fill the position for which a successor was appointed under paragraph (3) of this subsection and serve the remainder of that term.
Candidates for a vacated office may be nominated at a primary election in the same manner as any other position on the county board.
The student member shall:
Be an eleventh or twelfth grade student in the Frederick County public school system elected by the high school students of the county in accordance with procedures established by the school system;
Serve for 1 year beginning on July 1 after the election of the member;
Be a nonvoting member; and
Advise the county board on the thoughts and feelings of students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session.
The State Board may remove a voting member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a voting member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the voting member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the voting member a notice of the hearing; and
The voting member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Frederick County.
At its first meeting after the first Tuesday in December, the county board shall elect a president from among its members.
Until the election of members of the Frederick County Board at the general election of 2022 and the commencement of their terms on December 6, 2022, following that election, the president of the county board is entitled to receive $11,000 annually as compensation, and each other voting member of the county board is entitled to receive $10,000 annually as compensation.
After the election of members of the county board at the general election of 2022 and the commencement of their terms on December 6, 2022, following the election, the president of the county board is entitled to receive $15,000 annually as compensation, and each other voting member of the county board is entitled to receive $14,000 annually as compensation.
The president and all other members of the Frederick County Board are entitled to health insurance benefits regularly provided to employees of the Frederick County public school system.
All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
The county board may take actions in closed session in accordance with § 3–305 of the General Provisions Article.
In this subtitle, “elected member” means a member of the county board elected under subsection (b)(1) or (2) of this section or appointed to fill a vacancy under subsection (e)(3) of this section.
“Elected member” does not include the student member selected under subsection (f) of this section.
The Garrett County Board consists of:
One elected member from each county commissioner district;
Two elected members from the county at large; and
One nonvoting student member.
A candidate from a county commissioner district shall be a resident of that district.
The member from the county at large shall be a resident of the county.
A candidate for the county board shall be a registered voter of the county.
A member from a county commissioner district who no longer resides in that district may not continue as a member of the county board.
A member at large who no longer resides in the county may not continue as a member of the county board.
Elected members of the board shall be elected at a general election as required by subsection (e) of this section.
The student member shall be selected in accordance with subsection (f) of this section.
Each elected member serves for a term of 4 years beginning on January 1 after the member’s election and until a successor is elected and qualifies.
The terms for elected members are staggered as required by the terms of the members serving on January 1, 1985.
The County Commissioners shall appoint a qualified individual to fill any vacancy in an elected member’s position on the board for the remainder of the term and until a successor is elected and qualifies.
Each May, the elected members of the county board shall select a student member, and an alternate to serve in the event of a vacancy in the student member’s position, from among candidates recommended by the Garrett County Association of Student Councils.
The term of the student member is 1 year and begins on July 1.
To be considered for the position of student member, or as the alternate for the student member’s position, a student shall:
Be a sophomore or junior in high school at the time of applying;
Have attended Garrett County public schools for at least 2 years;
Be in good academic standing and have maintained a grade average of at least 80% during the previous 2 academic years; and
Not have experienced significant attendance or disciplinary problems during the student’s high school career.
The Garrett County Association of Student Councils shall propose procedures governing the selection of candidates for the student member’s position.
The procedures proposed under this paragraph are subject to the approval of the elected members of the board.
The procedures adopted under this paragraph shall provide for the selection of up to four candidates, selected by the Garrett County Association of Student Councils by secret ballot, for the position of student member. The names of the candidates shall be forwarded to the elected members of the county board for final selection of the student member and of an alternate.
The student member:
Shall attend all regular meetings of the county board;
May attend special public meetings of the county board;
Shall attend all meetings of the Garrett County Association of Student Councils; and
Shall continue to meet all the requirements for selection to the student member position.
The student member may not attend executive sessions of the county board.
The State Board may remove an elected member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Garrett County.
At its first meeting at the beginning of each year, the county board shall elect a president and a vice president from among its elected members.
Each elected member of the county board is entitled to:
The salary set by the County Commissioners in accordance with Chapter 91 of the Public Local Laws of Garrett County; and
Allowances for travel and other expenses as provided in the budget of the county board.
All final actions of the county board shall be taken at a public meeting. The board shall keep a formal record of each public meeting.
This section does not prohibit the board from meeting and deliberating in executive session provided that all action is taken at a public meeting.
In this subtitle, “elected member” means a voting member elected under subsection (d) or (e) of this section or a member appointed to an elected position on the Harford County Board of Education under subsection (f)(1) of this section.
“Elected member” does not include a:
County superintendent of schools serving as an ex officio member of the county board; or
Student member selected under subsection (g) of this section.
The county board consists of:
Six elected members;
Three appointed members;
The county superintendent of schools, who is an ex officio nonvoting member; and
One student member.
A member from a councilmanic district shall be a resident of that district.
A member from a councilmanic district who no longer resides in that district may not continue as a member of the county board.
A member of the county board shall be a registered voter of the county for at least 3 years prior to the date of the beginning of the term of office of the member.
Of the nine voting members of the county board elected or appointed under this subsection:
One member shall be elected from each of the six councilmanic districts only by the voters of that councilmanic district; and
Three members shall be appointed by the County Executive, subject to the advice and consent of the County Council, by a vote of at least five members of the County Council.
The elected members shall be elected at a general election as required by subsection (e) of this section.
The appointed members shall be appointed, when appropriate, within 90 days of the general election.
In appointing members to the county board, the County Executive shall ensure, to the extent practicable, that the total makeup of the county board reflects the gender, ethnic, and racial diversity of the county.
An elected member serves for a term of 4 years beginning on the first Monday in December after the election of the member and until a successor is elected and qualifies.
Except as provided in paragraph (3) of this subsection, an appointed member serves for a term of 4 years beginning July 1 after the appointment of the member and until a successor is appointed and qualifies.
The members appointed under subsection (d)(1)(ii) of this section within 90 days of the general election in 2022 shall serve for a term of 2 years and until a successor is appointed and qualifies.
Unless otherwise disqualified under this section, a member of the county board is eligible for reelection or reappointment.
A voting elected member or an appointed member may not serve for more than two consecutive terms as a voting member.
The Harford County Board of Elections may adopt regulations to implement this subsection.
The Harford County Council shall appoint a qualified individual to fill any vacancy of an elected member on the county board for the remainder of the term and until a successor is elected and qualifies.
The County Executive shall appoint a qualified individual to fill any vacancy of an appointed member of the county board for the remainder of the term and until a successor is appointed and qualifies.
An appointment made in accordance with this paragraph is subject to the advice and consent of the County Council by a vote of at least five members of the County Council.
The student member of the county board shall be elected by the high school students of the county in accordance with procedures established by the Harford County public school system.
The student member shall:
Be an eleventh or twelfth grade student, in good standing, and regularly enrolled in the Harford County public school system;
Be a student government association representative at the student’s high school;
Serve for 1 year beginning on July 1 after the election of the member;
Except as otherwise provided in paragraph (3) of this subsection, be a voting member; and
Advise the county board on the thoughts and feelings of students in the Harford County public schools.
Except as otherwise provided in subparagraph (iii) of this paragraph, the student member of the county board has the same rights and privileges as a member appointed or elected under subsection (d) of this section.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session of the county board addressing a matter on which a student member is prohibited from voting on under subparagraph (iii) of this paragraph.
The student member shall vote on and participate in all matters except those relating to:
Geographical attendance areas under § 4–109 of this article;
Acquisition and disposition of real property and matters pertaining to school construction under § 4–115 of this article;
Employment of architects under § 4–117 of this article;
Donations under § 4–118 of this article;
Condemnation under § 4–119 of this article;
Consolidation of schools and transportation of students under § 4–120 of this article;
Appointment and salary of a county superintendent under §§ 4–201 and 4–202 of this article;
Employee discipline and other appeals under § 4–205(c) of this article;
Budgetary matters under Title 5 of this article;
Appointment and promotion of staff under § 6–201 of this article;
Discipline of certificated staff under § 6–202 of this article;
Collective bargaining for certificated employees under Title 6, Subtitle 4 of this article;
Collective bargaining for noncertificated employees under Title 6, Subtitle 5 of this article;
Student suspension and expulsion under § 7–305 of this article; and
School calendar and curriculum.
Except for the student member, the State Board may remove a voting member of the county board for:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges and give the member an opportunity to request a hearing within 10 days.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Harford County.
The county board shall elect a president and vice president from among the voting county board members.
The county board shall elect a president and vice president at its first meeting in July as required to implement the provisions of this section.
The president and vice president shall serve a term of 2 years.
If there is a vacancy in the office of president or vice president, the county board shall fill the vacancy within 30 days after the vacancy occurs.
Each nonstudent member of the Harford County Board is entitled to receive $3,600 annually for travel and other expenses related to the performance of duties as a member of the board.
Payments to a nonstudent member for the expenses described in subsection (a) of this section shall be paid in 12 equal monthly installments.
Subject to the approval of the board, a nonstudent member may be reimbursed for additional travel and other expenses.
There is a School Shared Space Council in Harford County.
The School Shared Space Council consists of eleven employees of the county appointed by the County Executive for a term coterminous with that of the County Executive as follows:
Two from the staff of the county board of education;
One from the administrative staff of the County Executive;
One from the Department of Public Works;
One from the Department of Recreation and Parks;
One from the Committee on Aging;
One from the Health Department;
One from Harford County Community College;
One from the Department of Juvenile Services;
One from the county public libraries; and
One from the Department of Planning.
In addition to the county employee members, the County Executive shall appoint, upon the recommendation of the County Council, seven county citizen members to the Council as follows:
One from each councilmanic district of the county; and
One from the county at large.
A county employee member of the Council who does not maintain his employment in the county shall be replaced on the Council.
A county citizen member who does not maintain his residence in the county shall be replaced on the Council.
Each citizen member may attend and vote at a Council session.
The Council shall:
Meet not less than three times a year during each year to compile the number of spaces in the public schools of the county that are not filled and to evaluate the feasibility of the utilization of the spaces by the community and county departments; and
Report its findings and recommendations to the county board of education and the County Executive at least once during the school year.
The County Executive, by executive order, may appoint up to two additional members to the Council from agencies of the county government.
The Council shall elect a president from among its members.
A quorum is 2/3 of the members appointed.
The Howard County Board consists of:
Seven elected members; and
One student member.
The seven elected members shall be elected as follows:
One member from each of the five councilmanic districts in the county, elected by the voters of that district; and
Two members at large, elected by the voters of the county.
A candidate who becomes an elected member of the county board shall be a resident and registered voter of Howard County.
Any elected member who no longer resides in Howard County may not continue as a member of the board.
Any member elected from a councilmanic district who no longer resides in that district may not continue as a member of the board.
If the boundary line of a Howard County Council District is changed, the term of an incumbent member of the county board who no longer resides in that councilmanic district because of the change is not affected during this term.
The seven elected members of the Howard County Board shall be elected:
Beginning in 2020, at the general election every 2 years as required by subsection (d) of this section; and
As specified in subsection (a) of this section.
The terms of the elected members are staggered as provided in this subsection.
Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.
The term of office of each member elected from a councilmanic district, beginning at the 2020 election, is 4 years.
The term of office of each member elected at large, beginning at the 2022 election, is 4 years.
The successors to the offices elected at the 2020 and 2022 elections, respectively, shall serve for a term of 4 years.
Except as provided in paragraph (4) of this subsection and subject to the confirmation of the County Council, the County Executive of Howard County shall appoint a qualified individual to fill any vacancy for an elected member on the county board for the remainder of that term and until a successor is appointed and qualifies.
If a vacancy for an elected member occurs before the date that is 1 year following the date of the member’s election, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at the next general election.
Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the county board.
The candidate receiving the vacated position shall take office on the first Monday in December after the election and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.
Except as provided in this subsection, an election to fill a vacancy on the Howard County Board of Education shall be governed by §§ 8–801 through 8–806 of the Election Law Article.
When making an appointment to the county board, the County Executive of Howard County shall endeavor to ensure that the county board reflects the race, gender, and ethnic diversity of the population of Howard County.
The student member shall be a bona fide resident of Howard County and a regularly enrolled junior or senior year student from a Howard County public high school.
The student member shall serve for a term of 1 year beginning on July 1 after the member’s election, subject to confirmation of the election results by the county board.
The nomination and election process for the student member:
Shall be approved by the Howard County Board of Education;
Shall include a provision that provides for the replacement of one or both of the final candidates if one or both of them are unable, ineligible, or disqualified to proceed in the election; and
Shall allow for any student in grades 6 through 11 enrolled in a Howard County public school to vote directly for one of the two student member candidates.
The student member candidate who receives the second highest number of votes in the direct election:
Shall become the alternate student member; and
Shall serve if the student member who is elected is unable, ineligible, or disqualified to complete the student member’s term of office.
Except as provided in paragraphs (6) and (7) of this subsection, the student member has the same rights and privileges as an elected member.
Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend a closed session addressing a matter on which a student member is prohibited from voting under paragraph (7) of this subsection.
The student member shall vote on all matters except those relating to:
Employment of architects under § 4–117 of this article;
Appointment and salary of a county superintendent under §§ 4–201 and 4–202 of this article;
Employee discipline and other appeals under § 4–205(c) of this article;
Appointment and promotion of staff under § 6–201 of this article;
Discipline of certificated staff under § 6–202 of this article;
Collective bargaining for certificated employees under Title 6, Subtitle 4 of this article; and
Collective bargaining for noncertificated employees under Title 6, Subtitle 5 of this article.
The student member may not receive compensation but, after submitting expense vouchers, shall be reimbursed for out–of–pocket expenses incurred in connection with official duties, in accordance with the procedures and regulations established by the county board.
Passage of a motion by the county board requires the affirmative vote of:
Five members if the student member is authorized to vote; or
Four members if the student member is not authorized to vote.
The State Board may remove a member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Howard County.
At its first meeting in December, the county board shall elect a chair from among its members.
The chair of the county board is entitled to receive $18,000 annually as compensation and the other elected members are entitled to receive $16,000 each annually as compensation.
After submitting vouchers under the rules and regulations adopted by the county board, the chair and the other elected members are entitled to receive reimbursement for travel and other expenses as provided in the Howard County budget.
The employer’s share for State retirement and pension contributions made on behalf of the chair and other elected board members may not be considered compensation for the purpose of calculating compensation under subsection (a) of this section.
The chair and other elected board members may participate in health insurance and other benefit programs sponsored by the board.
An elected board member’s participation in a benefit program sponsored by the board under this subsection may not be considered compensation for the purpose of calculating compensation under subsection (a) of this section.
A student member who completes a full term on the board shall be entitled to a scholarship of $5,000 to be applied to the student’s higher education costs.
The scholarship shall be paid directly to the educational institution that the student attends.
A student may receive only one scholarship regardless of the number of terms the student serves as the student member of the county board.
The scholarship may not be considered compensation for the purpose of calculating taxable income.
On the submission of expense vouchers, the student member is entitled to reimbursement for travel and other expenses incurred in the performance of official duties for the county board.
The student member is not entitled to any compensation or payment other than that specified under paragraphs (1) and (2) of this subsection for their work as the student member of the county board.
Subject to paragraph (2) of this subsection, the county board shall meet:
At least once each month during the months of July and August; and
At least twice each month during the months of September through June.
The county board shall meet at least 24 times each year.
Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
The county board may take actions in closed session in accordance with § 3–305 of the General Provisions Article, including action to close a meeting.
The Kent County Board consists of:
Five voting members; and
One nonvoting student member.
A candidate elected to the county board shall be a resident and registered voter of Kent County.
Any member who no longer resides in Kent County may not continue as a member of the board.
The incumbent voting members of the Kent County Board who hold office on July 1, 2010, shall hold office until their successors are elected and qualify.
Voting members of the Kent County Board shall be elected from Kent County at large as follows:
Two voting members of the county board shall be elected in the November general election of 2012 and every 4 years thereafter; and
Three voting members of the county board shall be elected in the November general election of 2014 and every 4 years thereafter.
The student member shall:
Be a bona fide resident of Kent County;
Be a regularly enrolled junior or senior at the Kent County public high school elected by the high school students of the county in accordance with paragraph (2) of this subsection;
Be a member of student government;
Serve for 1 year beginning on July 1 after the election of the student member; and
Advise the county board on the thoughts and feelings of students in the Kent County public schools.
The process for applying and electing a student as a student member shall be as set forth in this paragraph.
An eligible student shall submit an application to the county board on a form provided by the county board beginning on January 1 of each year.
Each applicant shall deliver a speech to the student body of Kent County High School.
Any high school student in the county may vote directly for the student member candidates in an election held before May 1 each year.
The student member candidate that receives the highest number of votes shall become the student member.
Notice of the results of the election for student member shall be reported to the County Superintendent on or before May 1 each year.
If the student member is unable, ineligible, or disqualified to complete the student member’s term of the office, the county board shall appoint a qualified student to serve for the remainder of the term.
The student member shall attend:
The Maryland Association of Boards of Education new student board member orientation; and
All regular meetings of the county board.
The student member may not attend an executive session of the county board.
Each voting member serves for a term of 4 years beginning on January 1 after his election and until a successor is elected and qualifies.
The terms of members are staggered and elections shall be held as provided in subsection (c) of this section.
Any vacancy on the county board of a voting member shall be filled by a qualified individual appointed by the County Commissioners of Kent County to serve until a successor is elected and qualifies at the general election next following the creation of the vacancy and for which the deadline for the filing of candidates has not expired.
An individual may serve for more than 2 consecutive terms.
The State Board may remove a member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Kent County.
At its first meeting at the beginning of each year, the county board shall elect a president and a vice president from among its voting members.
The chairman of the county board is entitled to receive $2,400 annually as compensation and the other voting members are entitled to receive $2,000 each annually as compensation.
The chairman and the other voting members are entitled to the allowances for travel and other expenses provided in the Kent County budget.
The county board shall meet at least once each month.
All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
This section does not prohibit the county board from meeting and deliberating in executive session provided that all final action is taken at a public meeting.
In this subtitle the following words have the meanings indicated.
“Board of education district” means a geographic area of Montgomery County in which an elected member of the Montgomery County Board of Education must be a legal resident. The geographic area of each district is described in subsection (f) of this section. Each district shall be substantially equal in population, and the districts shall be reapportioned on the basis of each decennial census of the United States.
“Elected member” means 1 of the 7 elected and voting members of the Montgomery County Board or a member appointed to fill a vacancy of 1 of these 7 members.
The Montgomery County Board consists of:
5 elected members, each of whom resides in a different board of education district;
2 elected members who may reside anywhere in the county; and
1 student member.
An elected member of the county board shall be a registered voter of Montgomery County.
Members of the Montgomery County Board shall be elected at the general election every 2 years as required by subsection (f) of this section.
The student member shall be a bona fide resident of Montgomery County and a regularly enrolled junior or senior year student from a Montgomery County public high school.
The nomination and election process shall be as agreed on by the county board and the Montgomery County region of the Maryland Association of Student Councils. This agreement shall include a process by which to replace one or both of the final candidates if they are unable to proceed in the election. Any student enrolled in a middle or high school in the Montgomery County public schools may:
Nominate a student member candidate;
Vote for delegates from the student’s school, who in turn vote in a nominating convention to reduce to 2 the number of candidates for student member if there are 3 or more candidates; and
Vote directly for 1 of the 2 remaining student member candidates.
The candidate receiving the second highest number of votes in the direct election shall become the alternate student member. The alternate shall serve if the student member is unable to complete his elected term.
Except as provided in paragraphs (5), (6), and (7) of this subsection, the student member has the same rights and privileges of an elected member.
Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to hearings held under § 6–202(a) of this article.
As provided in paragraph (7) of this subsection, the student member shall vote on all matters except those relating to § 6–202(a) of this article.
On a majority vote of the elected members, the county board may determine, on a case by case basis, whether a matter under consideration is covered by the exclusionary provision in paragraph (6) of this subsection.
Each elected member serves for a term of 4 years beginning on December 1 after the member’s election and until a successor is elected and qualifies. The terms of elected members are staggered as required by the terms of the members serving on the county board as of July 1, 1978, so that 4 members are elected in gubernatorial election years and 3 members are elected in presidential election years.
Elected members of the county board shall be elected by the voters of the entire county.
Of the 3 members elected in 1992 and every 4 years thereafter, 1 shall reside in Board of Education District 2 and 1 shall reside in Board of Education District 4. The third member may reside in any part of the county.
Of the 4 members elected in 1990 and every 4 years thereafter, 1 shall reside in Board of Education District 1, 1 shall reside in Board of Education District 3, and 1 shall reside in Board of Education District 5. The fourth member may reside in any part of the county.
The descriptions of board of education districts in this subsection refer to the geographical boundaries of the election districts and the precincts:
As reviewed and certified by the Montgomery County Board of Elections or its designees, before the precinct boundaries were reported to the U.S. Bureau of the Census as part of the 2020 Census Redistricting Data Program; and
As those precinct lines are specifically shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Division of Capital Planning and Real Estate of the Montgomery County Public Schools.
Board of Education District 1 consists of:
Election district 1;
Election district 2, precincts 1 and 3 through 11;
Election district 3;
Election district 6, precinct 11;
Election district 9, precincts 1, 4, 5, 7, 8, 9, 11, 12, 15, 18, 20, 21, 22, 25, 28, 29, 30, 32, 34, 37, and 39;
Election district 11; and
Election district 12.
Board of Education District 2 consists of:
Election district 2, precinct 2;
Election district 4, precincts 2, 3, 5, 6, 7, 11, 14, 16, 19, 20, 21, 23, 24, 25, 27, 29, 30, 35, 37, 38, 40, 42, and 43;
Election district 6, precincts 1 through 10 and 13 through 16; and
Election district 9, precincts 2, 3, 6, 10, 13, 14, 16, 24, 26, 27, 31, 33, 35, 36, 38, 40, and 41.
Board of Education District 3 consists of:
Election district 4, precincts 4, 8, 10, 12, 13, 15, 17, 18, 28, 31, 32, and 33;
Election district 7;
Election district 10;
Election district 13, precincts 3, 16, 34, 38, 39, and 65; and
That part of election district 13, precinct 40 that is generally the southern part of precinct 40 from the precinct boundary at the intersection of Summit Avenue and the CSX railroad tracks, northwest along the CSX railroad tracks to the end of Plyers Mill Road, north to the boundary of Rock Creek Park, then east along the boundary of Rock Creek Park to the precinct boundary.
Board of Education District 4 consists of:
Election district 4, precinct 26;
Election district 13, precincts 1, 2, 4 through 8, 10, 11, 13, 14, 15, 18 through 25, 27 through 33, 35, 36, 37, 42, 43, 44, 47, 50, 53, 55 through 59, 63, 67, and 68; and
Election district 13, precinct 40, excluding that part of precinct 40 that is generally the southern part of precinct 40 from the precinct boundary at the intersection of Summit Avenue and the CSX railroad tracks, northwest along the CSX railroad tracks to the end of Plyers Mill Road, north to the boundary of Rock Creek Park, then east along the boundary of Rock Creek Park to the precinct boundary.
Board of Education District 5 consists of:
Election district 4, precincts 1, 9, 34, 36, and 41;
Election district 5;
Election district 8; and
Election district 13, precincts 45, 46, 49, 51, 52, 54, 60, 61, 64, 69, 70, and 71.
The student member serves for a term of 1 year beginning on July 1 after the election.
The student member shall be replaced for the remainder of the term by the alternate student member if the student member:
Resigns or otherwise is unable to complete the term; or
Is removed under the provisions of subsection (g) of this section.
The elected members of the county board shall select a student to complete the remainder of the term if the student member is replaced as provided in subparagraph (ii) of this paragraph and the alternate member:
Resigns or otherwise is unable to complete the term; or
Is removed under the provisions of subsection (g) of this section.
The remaining members of the county board shall select a qualified individual to fill any vacancy on the elected board for the remainder of that term and until a successor is elected and qualifies.
Subject to subparagraph (ii) of this paragraph, an elected county board member shall forfeit the office if the member fails to reside in the board of education district from which the member was elected.
If the failure to continue to reside in the district is caused by an alteration in the board of education district boundaries because of reapportionment, the member may complete the term for which the member was elected.
In the event of a vacancy caused by a member who is required to reside in a particular board of education district, the person appointed to fill the vacancy shall reside in the same district at the time of appointment and while filling out the unexpired term.
The Montgomery County Council may remove a member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the County Council shall provide the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The County Council promptly shall hold a hearing, but a hearing may not be set within 10 days after the County Council sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the County Council in the member’s own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Montgomery County.
An elected member of the county board is entitled to reimbursement for travel and other expenses as provided by the Montgomery County Council.
An elected member of the county board is entitled to receive:
$25,000 annually as compensation; or
An annual salary set through legislation based on the recommendations of the Montgomery County Board of Education Compensation Commission in accordance with Title 28, Subtitle 1A of the Local Government Article.
The president of the county board is entitled to receive:
$29,000 annually as compensation; or
An annual salary set through legislation based on the recommendations of the Montgomery County Board of Education Compensation Commission in accordance with Title 28, Subtitle 1A of the Local Government Article.
An elected member is entitled to health insurance and to other fringe benefits regularly provided to employees of the board of education under the same terms and conditions extended to other employees of the board of education.
A salary increase for an elected member under this subsection shall take effect at the beginning of the term of office and may not increase during the term of office.
The student member:
May be reimbursed for out–of–pocket expenses incurred in connection with official duties; and
Shall be granted compensation in accordance with paragraph (2) of this subsection.
Subject to subparagraph (ii) of this paragraph, the compensation amount of the student member is equal to the highest annual resident undergraduate tuition, mandatory fees, and room and board that is charged at a 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, for the academic year in which the student member serves on the county board.
Subject to subsubparagraph 2 of this subparagraph, the student member may elect to receive compensation granted under this subsection in monthly installments as a stipend during the student member’s term and receive any remaining amount as a scholarship after the end of the term.
The amount of compensation granted under this subsection in any year may not exceed the amount that an elected member of the county board is entitled to receive under subsection (b) of this section in that year.
All actions of the county board shall be taken after a public meeting, the record of which shall be made public.
Except as provided in subsection (c) of this section, this section does not prohibit the county board from meeting and deliberating in executive session provided that all action of the board, together with the individual vote of each member, is contained in a public record.
If the county superintendent denies an appeal of a decision by the chief operating officer of the county public schools to add or delete a school bus stop or to eliminate or move a school bus route, the appeal to the county board and the decision on the appeal shall be governed by the following requirements:
The county board shall hold a public hearing on the matter contained in the appeal;
Members of the public shall be given a reasonable opportunity to testify and present their views at the hearing; and
The board shall make a decision on the appeal in item (1) of this subsection at a public meeting and the individual vote of each member shall be recorded on the public record.
The affirmative vote of the members of the county board for the passage of a motion by the county board shall be:
5 members when the student member is voting; or
4 members when the student member is not voting.
The descriptions of school board districts in this section refer to the geographical boundaries of the election districts and precincts:
As reviewed and certified by the Prince George’s County Board of Elections or its designees before the precinct boundaries were reported to the U.S. Bureau of the Census as part of the 2020 Census Redistricting Data Program; and
As those precinct lines are specifically shown on the Public Law 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Department of Planning.
Where precincts are split between board of education districts, census tract and block numbers, as indicated in the P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and referred to in this subtitle, are used to define the boundaries of board of education districts.
School board district I consists of:
Election district 1, precincts 1 through 7;
Election district 10, precincts 1 through 14;
Election district 14, precincts 8, 11, 12, 16, and 17; and
Election district 21, precincts 14, 92, and 97.
School board district II consists of:
Election district 1, precinct 8;
Election district 19, precincts 1, 2, 5, 98, and 99;
Election district 20, precincts 1, 5, 6, 10, 12, 13, and 21; and
Election district 21, precincts 1 through 4, 6 through 13, 15 through 18, 91, 94, 95, 96, 98, and 99.
School board district III consists of:
Election district 2, precincts 96, 98, and 99;
Election district 16, precincts 1 through 5 and 98;
Election district 17, precincts 1 through 15;
Election district 19, precinct 3; and
Election district 21, precincts 5 and 19.
School board district IV consists of:
Election district 2, precincts 1 through 10 and 97;
Election district 13, precincts 2, 3, 8, 14, 17, 19, 20, 22, and 99;
Election district 14, precinct 2;
Election district 16, precinct 99;
Election district 18, precincts 5, 12, and 14;
Election district 19, precinct 4; and
Election district 20, precincts 2, 4, 7, 8, 9, 11, 14 through 20, and 97.
School board district V consists of:
Election district 3, precincts 2, 3, and 5 through 8;
Election district 7, precincts 1 through 11 and 13 through 24; and
Election district 14, precincts 1, 3 through 7, 9, 10, 13, 14, and 15.
School board district VI consists of:
Election district 6, precincts 19, 20, and 99;
Election district 7, precinct 12;
Election district 13, precincts 1, 4 through 7, 9 through 13, 15, 16, 18, 21, 23, 24, and 25;
Election district 18, precincts 1 through 4, 6 through 11, 13, 15, 16, and 99; and
Election district 20, precincts 3, 98, and 99.
School board district VII consists of:
Election district 3, precinct 4;
Election district 6, precincts 1, 3 through 12, 15 through 18, 21 through 29, and 98;
Election district 15, precincts 2 and 5; and
That part of election district 9, precinct 3 that consists of census tract 8019.04, blocks 1015, 1016, 1034, and 1035.
School board district VIII consists of:
Election district 5, precincts 2, 3, 6, 7, and 11;
Election district 6, precincts 2, 13, and 14;
Election district 9, precincts 2, 5, 12, and 13; and
Election district 12, precincts 1 through 18.
School board district IX consists of:
Election district 3, precinct 1;
Election district 4, precinct 1;
Election district 5, precincts 1, 4, 5, 8, 9, 10, and 12;
Election district 8, precinct 1;
Election district 9, precincts 1, 4, 6 through 11, 14, and 15;
Election district 11, precincts 1 through 5;
Election district 15, precincts 1, 3, 4, and 6; and
That part of election district 9, precinct 3 that consists of:
Census tract 8011.05, blocks 1000 through 1011 and 2000 through 2018; and
Census tract 8011.06, blocks 1000 through 1009, 2000 through 2003, and 3000 through 3012.
In this subtitle, “elected member” means a member of the Prince George’s County Board elected from one of the nine school board districts described in § 3–1001 of this subtitle.
The Prince George’s County Board consists of 10 members as follows:
Nine elected members, each of whom resides in a different school board district; and
One student member selected under subsection (f)(2) of this section.
One member of the county board shall be elected from each of the nine school board districts described in § 3–1001 of this subtitle.
Each candidate shall:
Be a registered voter of the county; and
Except as provided in subparagraph (ii) of this paragraph, be a resident of the school board district the candidate seeks to represent for at least 1 year before the date of the general election.
In an election year immediately following an approved decennial redistricting plan changing the boundaries of any school board district, the 1 year residency requirement under subparagraph (i) of this paragraph does not apply if the candidate:
Is a qualified voter but no longer resides in the candidate’s former school board district due to a boundary change in the approved decennial redistricting plan;
Resided in the candidate’s former school board district for at least 1 year immediately preceding the general election; and
Resides, as of the date of the deadline for filing as a candidate for election, in the school board district specified under item 2 of this subparagraph.
An elected member shall forfeit the office if the member:
Fails to reside in the school board district from which the member was elected, unless this change is caused by a change in the boundaries of the district; or
Fails to be a registered voter of the county.
A member may not hold another office of profit in county government during the member’s term.
Each elected member of the county board shall be nominated by the registered voters of the member’s school board district.
The elected members of the county board shall be elected:
At the general election every 4 years; and
By the voters of the school board district that each member represents.
If a candidate for the county board dies or withdraws the candidacy during the period beginning with the date of the primary and ending 70 days before the date of the general election, the Board of Elections shall:
Replace the name of the deceased or withdrawn candidate on the ballot for the general election with the name of the candidate who received the next highest number of votes in the primary election; or
If a contested primary was not held, reopen the filing process to allow other persons to file as candidates.
Except as otherwise provided in subparagraph (ii) of this paragraph, the Board of Elections shall add to the ballot for the general election the name of any person who files as a candidate in accordance with paragraph (1)(ii) of this subsection.
The Board of Elections may not add additional candidates to the ballot for the general election within 70 days before the date of the election.
The student member shall be an eleventh or twelfth grade student in the Prince George’s County public school system during the student’s term in office.
An eligible student shall file a nomination form at least 3 weeks before a special election meeting of the Prince George’s Regional Association of Student Governments.
Nomination forms shall be made available in the administrative offices of all public senior high schools in the county, the office of student concerns, and the office of the president of the regional association.
The delegates to the regional association annually shall elect two candidates for the student member to the board at a primary election meeting to be held each school year.
The student member may vote on all matters before the board except those relating to:
Collective bargaining decisions;
Teacher and administrator disciplinary matters as provided under § 6–202(a) of this article; and
Other personnel matters.
On an affirmative vote of a majority of the elected members of the county board, the board may determine if a matter before the board relates to a subject that the student member may not vote on under paragraph (3) of this subsection.
The student member may attend an executive session of the board unless the executive session relates to:
Hearings on appeals of special education placements, hearings held under § 6–202(a) of this article, or collective bargaining; or
A personnel matter for which the student may not vote under paragraph (3) of this subsection.
The Prince George’s Regional Association of Student Governments shall establish procedures for the election of the student member of the county board.
The procedures established in accordance with subparagraph (i) of this paragraph shall provide for:
The administration of:
A primary election each year by the Prince George’s Regional Association of Student Governments; and
A general election each year by students in 6th through 12th grade in the Prince George’s County public school system; and
Notification to the County Superintendent of candidates selected by the Prince George’s Regional Association of Student Governments after each annual primary election.
For the general election held under this subsection, the Prince George’s County public school system shall:
Provide equal campaign funds to the candidates for the student member of the board; and
Educate the students described under paragraph (6)(ii)1B of this subsection on the voting process before each general election.
The election procedures established by the Prince George’s Regional Association of Student Governments are subject to the approval of the elected members of the county board.
An elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until the member’s successor is elected and qualifies.
Unless otherwise disqualified under this section, an elected member of the county board is eligible for reelection.
The student member serves for a term of 1 year beginning at the end of a school year.
Subject to subparagraph (ii) of this paragraph, if a seat held by an elected member of the county board becomes vacant, the County Executive shall:
Appoint a qualified individual to fill the seat for the remainder of the term; and
Transmit the name of the appointee to the clerk of the County Council.
If the County Council does not disapprove an appointment under subparagraph (i) of this paragraph by a two–thirds vote of all members of the County Council within 45 days after the transmittal of the name of the appointee, the appointment shall be considered approved.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges pending and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A member removed under this subsection has the right to judicial review of the removal by the Circuit Court for Prince George’s County based on an administrative record and such additional evidence as would be authorized by § 10–222(f) and (g) of the State Government Article.
While serving on the county board, a member may not be a candidate for a public office other than a position on the county board.
From and after December 7, 2026, the chair of the county board is entitled to receive $30,000 annually as compensation and the other elected members are each entitled to receive $27,000 annually as compensation.
Each elected member of the county board may be provided health insurance and other fringe benefits regularly provided to employees of the Board of Education under the same terms and conditions extended to other employees of the Board of Education.
After submitting vouchers under the rules and regulations adopted by the county board, the chair and the other members, including the student member, are entitled to the allowances for travel and other expenses provided in the Prince George’s County budget.
A member of the county board may not be reimbursed more than $7,000 in travel and other expenses incurred in a single fiscal year.
The county board may not issue a credit card to a member of the county board.
The county board shall elect a chair and vice chair of the county board from among the elected members of the county board.
The term of the chair and vice chair appointed under this subsection shall be 2 years.
The chair of the county board shall be responsible for:
Leading public meetings of the county board;
Making subcommittee appointments;
Serving as the primary contact for communications between the county board and the County Superintendent;
Administering the county board in accordance with bylaws adopted under subsection (d) of this section; and
Signing contracts authorized and approved by a majority of the members of the county board.
Subject to the provisions of § 4–403 of this article, the affirmative vote of the members of the county board for the passage of a motion by the county board shall be:
Except as otherwise provided in item (2) of this subsection:
Six members when the student member is voting; or
Five members when the student member is not voting; or
When there are two or more vacancies on the county board:
Five members when the student member is voting; or
Four members when the student member is not voting.
The county board shall adopt bylaws to govern its conduct as necessary and appropriate to carry out its purposes under this title.
The county board shall review and update its bylaws at least once every 4 years.
At the beginning of each term, each Board member shall attend an orientation and be provided with training materials that clarify the role of a member.
In accordance with a schedule determined by the county board in the bylaws adopted under subsection (d) of this section, each elected member shall complete professional development in the following topics during each year of the member’s term:
Community engagement;
Ethics;
Legal issues in education;
Parliamentary procedure;
Public education budgeting and financing;
Role and responsibilities of the county board; and
Any other topic determined relevant by the county board.
Elected members are encouraged to attend professional conferences relating to their duties and responsibilities as a member of a board of education.
On or before December 1 each year, each elected member shall submit a professional development disclosure statement describing the professional development activities the member completed during that year.
On or before January 30 each year, the county board shall post the professional development disclosure statements of the members on its website.
Each year, the county board shall convene and each elected member shall attend a professional retreat to:
Complete professional development or other training;
Set annual county board performance goals; and
Complete a county board self–evaluation, including identifying opportunities to improve the county board’s performance.
Within 30 days of the last day of the professional retreat under paragraph (1) of this subsection, the county board shall post on its website the results of the county board’s self–evaluation and any identified opportunities for improvement.
There is a Shared Space Council for Prince George’s County. The purpose of the Council is to consider the alternative use of any vacant public schools and any vacant space that exists in the Prince George’s County public school system.
The Council shall consist of 23 members, appointed as follows:
One member from each legislative district within Prince George’s County, each of whom shall be appointed by the legislative delegation from the district.
One member from each of the following governmental agencies, departments, or institutions:
The staff of the county board of education;
The staff of the County Executive;
The staff of the County Council;
The county Department of Social Services;
The staff of the county Superintendent of Education;
The Prince George’s County Planning Board;
The county Department of Aging;
The county health department;
The county Office of Coordination of Services to the Handicapped;
The county Juvenile Services Administration;
The county Memorial Library System; and
The county Department of Program Planning and Economic Development.
On a rotating basis, one member shall be from the faculty or administration of Bowie State University or Prince George’s Community College. Such member shall be appointed by the president of the university.
The members from governmental agencies, departments, or institutions shall be appointed by the director, chairman, or chief executive officer of the agency, department, or institution.
Two members shall be appointed by the County Executive.
The term of the members appointed pursuant to subsection (b)(2), (3), and (4) shall be 3 years. All other members shall serve for a term of 2 years. Any vacancy on the Council shall be filled in the same manner as the original appointment.
The Council shall meet at least four times each year. It shall, on an annual basis and in conjunction with the county board of education, survey the schools within the county public school system and compile a listing of any vacant public schools and any vacant space that exists within the system. The Council shall evaluate the feasibility of using any vacant public school or vacant space for community or governmental purposes.
The Council shall report the results, findings, and recommendations derived from such survey, listing, and evaluation to the county board of education, the County Executive, the County Council and the mayor of each municipality in the county.
In addition to the powers otherwise granted to the county board in this article, the county board or a designated committee of the county board may hear an appeal from a decision of the county superintendent that relates to the grade, transfer, tuition, or any aspect of participation in a program or activity of a specific student who is not subject to the provisions of Title 8, Subtitle 4 of this article.
Notwithstanding any other provision of law, in Prince George’s County, the board of education may implement the use of school uniforms by all students in the public schools in the county.
The county board may develop curriculum content for a hands–on course in financial literacy to be offered to all students in the eighth grade.
The curriculum content shall include instruction regarding:
Identification of services provided by financial institutions;
Debit cards and their uses;
Interest and credit;
Savings and investing;
The differences among sales, income, and property taxes, and the purpose of each type of tax;
The basic principles of Social Security;
Net monthly income; and
Household budgeting.
Beginning in the 2013–2014 school year, the county board may implement the financial literacy curriculum content developed under subsection (a) of this section in every middle school in the county.
The Queen Anne’s County Board consists of:
Five voting, nonpartisan, elected members; and
One nonvoting student representative from each public high school in the county.
The five voting, nonpartisan, elected members shall be elected by the voters of the entire county at a general election in accordance with subsection (c) of this section.
One voting member shall reside in and be elected from each of the four county commissioner districts; and
One member shall reside in the county and be elected from the county at large.
A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.
A member at large who no longer resides in the county may not continue as a member of the county board.
A candidate elected to the county board shall be a registered voter and resident of Queen Anne’s County for at least 3 years.
Subject to paragraph (2) of this subsection, each elected voting member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.
The initial terms of the elected voting members are staggered as follows:
The three members elected to the county board at the general election in November 2008 who receive the highest number of votes cast from among the successful candidates at that election shall serve for a term of 6 years; and
The two members elected to the county board at the general election in November 2008 who receive the least number of votes cast from among the successful candidates at that election shall serve for a term of 4 years.
In case of a vacancy on the county board, the Governor shall appoint a qualified person to serve on the county board until a successor is elected and qualifies.
If the vacancy occurs before the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under subparagraph (i) of this paragraph shall serve until a successor is elected at the next general election and qualifies.
If the vacancy occurs after the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under subparagraph (i) of this paragraph shall serve for the remainder of the term of the vacating member and until a successor is elected at the next general election and qualifies.
The nonvoting student members of the county board shall be elected from each of the public high schools in the county by their respective student bodies.
Each student member shall:
Be an eleventh or twelfth grade student in good standing in the Queen Anne’s County public school system;
Be a student government association representative at the student’s high school;
Serve for 1 year beginning on July 1 after the election of the member;
Be nonvoting; and
Advise the county board on the thoughts and feelings of students in the Queen Anne’s County public schools.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session of the county board.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Queen Anne’s County.
At its first meeting in December of each year, the county board shall elect a president and vice president from among the board members.
The county board shall meet at least once each month.
The president of the county board is entitled to receive $4,000 annually as compensation and the other voting members each are entitled to receive $3,500 annually as compensation.
The president of the county board and other members each are entitled to reimbursement not to exceed $1,000 a year for travel and other expenses.
The Queen Anne’s County Commissioners may increase the annual salary of the county board.
The St. Mary’s Board consists of:
Five voting members; and
One student member.
The student member shall:
Be an 11th or 12th grade student in the St. Mary’s County Public School System;
Serve for 1 year;
Be a nonvoting member; and
Advise the county board on the thoughts and feelings of the students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session of the county board.
A candidate elected to the county board shall be a resident and registered voter of St. Mary’s County. A member who is no longer a resident and a registered voter of St. Mary’s County may not continue as a member of the county board.
A candidate who files to represent one of the commissioner election districts must be a resident of that election district.
Candidates filing for office to represent the county at large may reside anywhere in the county.
An individual subject to the authority of the county board at the time of filing is ineligible to be a candidate.
The St. Mary’s County Board consists of five voting members who shall be elected as follows:
One member shall be elected from the county at large; and
One member shall be elected from each of the four commissioner districts.
Voting members of the county board shall be elected:
At a general election as required by this section; and
On a general countywide ticket.
Members of the county board elected in the 1996 general election from Commissioner Districts One and Three shall serve for an initial term of 2 years. An election shall be conducted in 1998 and every 4 years thereafter.
Members of the county board elected in the 1996 general election from Commissioner Election Districts Two and Four and from the county at large shall serve for an initial term of 4 years. An election shall be conducted in 2000 and every 4 years thereafter.
Except as specified in this section, elections shall be conducted in accordance with Title 8, Subtitle 8 of the Election Law Article.
The student member of the county board shall be elected by qualified students of the St. Mary’s County Public School System. The student member shall not be subject to approval by the county board.
The voting members of the county board shall:
Determine which students in the St. Mary’s County Public School System may elect the student member of the county board; and
Develop nomination and election procedures governing the election of the student member.
Except as specified in this section, an elected member shall serve for a term of 4 years. The term of each member shall commence on the first Monday in December after the member’s election and shall continue until a successor is elected and qualifies.
The term of the student member shall commence on the first Monday in July and continue for 1 year.
If a vacancy occurs on the county board, the St. Mary’s Board of County Commissioners shall appoint a qualified individual to serve for the remainder of that term and until a successor is elected and qualifies.
The State Board may remove a member of the county board for:
Immorality;
Misconduct in office;
Incompetence; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a notice, by registered mail, return receipt requested, that specifies the charges against the member.
Within 15 days from the date the State Board sends the notice, the member may request a public hearing. The member shall send this request to the county board by registered mail, return receipt requested.
If the member requests a hearing, the State Board shall conduct a hearing promptly, but not before the 11th day from the date the State Board sent notice to the member.
The member shall have the right to a public hearing and to representation by counsel at the hearing.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court of St. Mary’s County.
At its first meeting following the first Monday in December of each calendar year, the county board shall elect a chairman from among its members.
The compensation and expenses of the members of the county board shall be paid from the St. Mary’s County Board of Education operating funds.
The county board shall meet at least once each month.
All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
This section shall not be construed to prohibit the county board from meeting and deliberating in executive session, provided that any action of the county board, together with the individual vote of each member, is contained in a public record.
The Somerset County Board consists of:
One member elected from each commissioner district in the county; and
One nonvoting student member from each public high school in the county selected in accordance with subsection (f) of this section.
A member from a commissioner district shall be a resident of that district.
A candidate for the county board shall be a registered voter of the county.
A member from a commissioner district who no longer resides in that district may not continue as a member of the county board.
Except as provided in subsection (f) of this section, members of the board shall be elected at a general election as required by subsection (d) of this section.
Except as provided in subsection (f) of this section, and subject to the provisions of paragraph (2) of this subsection, each member serves for a term of 4 years beginning on January 1 after the member’s election and until a successor is elected and qualifies.
The terms of members are staggered as provided in this paragraph.
The members elected at the 2004 election from commissioner districts 1, 3, and 5 shall serve an initial term of 2 years.
An election shall be conducted in 2006 and every 4 years thereafter.
The members elected at the 2004 election from commissioner districts 2 and 4 shall serve an initial term of 4 years.
An election shall be conducted in 2008 and every 4 years thereafter.
The County Commissioners of Somerset County shall appoint a qualified individual to fill any vacancy on the board for the remainder of the term and until a successor is elected and qualifies.
The State Board may remove a member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Somerset County.
A student member shall:
Be a 12th grade student in the Somerset County public school system elected by the high school students of the public school that the student attends, in accordance with procedures established by the school system;
Serve for 1 year beginning on July 1 after the election of the member;
Be a nonvoting member; and
Advise the county board on the interests of students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student members may not attend an executive session.
At its first meeting at the beginning of each year, the county board shall elect a chairman from among its members.
Annual compensation for the board is as follows:
Chairman – $6,000; and
Member – $5,000.
The chairman and other nonstudent members are entitled to:
Reimbursement for expenses incurred in official duties performed outside Somerset County; and
$500 per member per year for expenses incurred in official duties performed within Somerset County.
Except for those actions authorized by subsection (c) of this section, all final actions of the county board shall be taken at a public meeting.
The board shall keep a formal record of each public meeting.
The county board may take actions in executive session in accordance with § 3–305 of the General Provisions Article.
The Talbot County Board consists of:
Seven voting members, one member elected from each of the seven election districts for the county board established in accordance with this subtitle; and
Two nonvoting student members from the public high schools in the county.
The elected members of the county board shall be elected:
At the general election; and
In accordance with Title 8, Subtitle 8 of the Election Law Article.
A member elected from a district shall be a resident of the district.
A member elected or appointed from a district who no longer resides in the district may not continue as a member of the county board.
The boundaries for the election districts for the county board shall be established promptly following each decennial census.
Whenever election district boundaries are to be redrawn, no later than December 1 of the year prior to the year in which redistricting is to take effect, the County Council shall appoint a commission on redistricting to include:
Four individuals nominated by each political party that polled at least 15 percent of the total vote cast at the immediately preceding general election; and
One additional individual.
An individual who holds elective office is not eligible to be appointed to the commission on redistricting.
By November 15 of the year preceding the year in which redistricting is to take effect, the redistricting commission shall prepare and make available a plan of election districts.
The election districts shall be reasonably compact, contiguous, and substantially equal in population and, in accordance with legal principles established by law, shall ensure that one or more of the election districts encompasses residents in which a majority of the voting age population consists of racial minorities.
No less than 15 calendar days and no more than 45 calendar days after the redistricting commission submits its plan, the County Council shall hold a public hearing on the plan.
The redistricting plan submitted by the redistricting commission becomes law 90 days after it is submitted to the County Council unless the County Council enacts a different redistricting plan before that date.
Each voting member serves for a term of 4 years beginning on December 1 after the member’s election and until a successor is elected and qualifies.
A voting member may not serve for more than three consecutive terms.
The terms of the voting members are staggered as follows:
One member elected from each of districts 1, 3, 4, and 7 at the 2006 general election, and every 4 years thereafter; and
One member elected from each of districts 2, 5, and 6 at the 2008 general election, and every 4 years thereafter.
The Governor shall appoint a new member to fill any vacancy on the county board until a successor is elected and qualifies at the next congressional election.
A resident of the district in which a vacancy exists may apply for appointment by the Governor to fill the vacancy.
The student members shall be appointed and serve on the county board in accordance with § 3–12A–06 of this subtitle.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause:
At least 75% of the scheduled meetings of the county board in any 1 calendar year; or
Three consecutive scheduled meetings of the county board.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Talbot County.
At its last meeting at the end of each calendar year, or at the meeting in December each year, the county board shall elect a president and a vice president from among its members.
Subject to subsection (b) of this section, the voting members shall receive compensation as set by the County Council.
The salary of each voting member of the county board shall be at least $3,200.
The salary of the president of the county board shall be at least $3,600.
The county board shall meet at least once each month.
Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
The county board may take actions in executive session in accordance with § 3–305 of the General Provisions Article.
There shall be two nonvoting student members on the Talbot County Board of Education.
The student members shall advise the other members of the county board on the viewpoint of students who attend Talbot County public schools.
Each of the nonvoting student members of the county board shall be:
A regularly enrolled 11th or 12th grade student in good standing at a Talbot County public school;
Qualified according to eligibility requirements established by the county board; and
Of good character.
Each student member shall be appointed for a 1–year term during the school year prior to the school year that the member is to serve on the county board.
One student member shall be a student from St. Michaels High School and one student member shall be a student from Easton High School.
The county board shall adopt procedures for the appointment of the student members.
If a vacancy in the position of student member occurs during the term of a student member, the county board shall appoint another student member to fill the vacancy in accordance with its procedures.
Unless invited to attend by an affirmative vote of a majority of the county board, the student members may not attend an executive session of the county board.
The Washington County Board consists of seven members.
All seven members of the Washington County Board shall be elected from Washington County at large at a general election every 4 years beginning in 1978.
Each member serves for a term of 4 years beginning on the first Tuesday in December after the member’s election and until a successor is elected and qualifies.
The terms of members are staggered as required by the terms of the members serving on the county board as of July 1, 1986.
At the end of a term, a member continues to serve until a successor is elected and qualifies.
In accordance with subsection (f) of this section, the County Commissioners shall appoint a qualified individual to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.
Immediately preceding the date the member takes office, each member of the county board shall be:
A resident of Washington County for at least 6 months; and
A resident of the State for at least 12 months.
During the term of a member of the county board, the member shall maintain a primary residence in Washington County.
A member of the county board who no longer maintains a primary residence in Washington County may not continue as a member of the county board.
The State Board may remove a member of the county board for:
Immorality;
Misconduct in office;
Incompetency; or
Willful neglect of duty.
Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.
A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Washington County.
In this subsection, “Washington County Delegation” means the Senators and Delegates in the General Assembly of Maryland who are elected to represent Washington County or any portion of Washington County.
There is a Washington County School Board Nominating Commission.
The Commission shall consist of the following six voting members:
One member appointed by the Senate members of the Washington County Delegation;
One member appointed by the Delegate members of the Washington County Delegation;
One member appointed by the county board; and
The following three members appointed by the County Commissioners:
One member representing the Washington County business community;
One member representing the Washington County Citizens Advisory Council; and
One member representing the Washington County educational community.
The Chairman of the Commission shall be a member of the public appointed by the County Commissioners.
The Chairman may not be a member of either the county board or the Washington County Delegation.
The Chairman is a nonvoting member of the Commission who shall vote only when there is a tie vote among the voting members of the Commission.
The County Commissioners shall provide the staff for the Commission.
The Commission shall:
Advertise the vacancy and provide the procedures for filling the vacancy in at least one medium accessible to the general public, which includes:
A newspaper of general circulation in the region; or
An electronic posting on the local school system website; and
Before selecting any nominees, hold at least one public hearing.
Within 30 days of the vacancy occurring, the Commission shall submit the names of no more than three nominees to the County Commissioners for their consideration.
Within 15 days after receiving the names of the nominees provided by the Commission under paragraph (7) of this subsection, the County Commissioners shall select an individual to fill the vacancy on the county board.
The president of the county board and the other members are entitled to receive compensation annually as set by the County Commissioners of Washington County under Title 28, Subtitle 2 of the Local Government Article.
Each member of the Washington County Board of Education is entitled to health insurance and to other fringe benefits regularly provided to employees of the board of education.
After submitting vouchers, members shall be reimbursed for travel and other expenses within the limit set by the Washington County Commissioners.
All actions of the county board shall be taken after a public meeting and a record of the meeting and all actions shall be made public.
This section does not prohibit the county board from meeting and deliberating in executive session provided that all action is taken after a public meeting and the record of the meeting and all action is made public.
The Wicomico County Board consists of:
Seven nonpartisan elected voting members; and
At least one student member.
Beginning with the general election in 2026, the seven elected members shall be elected from each of the seven councilmanic districts in the county, elected by the voters of that district.
A candidate who becomes an elected member of the county board must be a resident and registered voter of Wicomico County.
An elected member who no longer resides in Wicomico County may not continue as a member of the board.
A member elected from a councilmanic district who no longer resides in that district may not continue as a member of the board.
If the boundary line of a Wicomico County councilmanic district is changed, the term of an incumbent elected member of the county board who no longer resides in that councilmanic district because of the change is not affected during this term.
The seven elected members of the Wicomico County Board shall be elected:
At the general election in 2018 and at the general election every 4 years thereafter; and
In accordance with § 3–13A–01 of this subtitle and Title 8, Subtitle 8 of the Election Law Article.
The terms of the elected members are as provided in this subsection.
Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.
The term of office of each member is 4 years.
There is a Wicomico County School Board Nominating Commission.
The purpose of the Commission is to select nominees to recommend to the Wicomico County Council as qualified candidates for appointment to fill a vacancy of an elected member on the Wicomico County Board.
Within 60 days of a vacancy on the county board, the Commission shall:
Develop and publicize criteria for choosing nominees to fill the vacancy;
Make public the names of the candidates that apply for appointment to fill a vacancy on the county board;
Hold at least two public hearings on the applicants for appointment; and
Make public and submit to the County Council the names of two nominees for any vacancy.
Within 60 days after the County Council receives the names of the nominees from the Commission, the County Council shall hold a public hearing regarding the nominees.
After the hearing, if the County Council deems at least one of the nominees acceptable, the County Council shall vote on the nominees and fill the vacancy.
If the County Council deems both nominees unacceptable, the County Council shall return the names to the Commission and request that the Commission submit the names of at least two additional qualified nominees from which the County Council shall select an individual to fill the vacancy.
The Commission consists of 14 members.
The members of the Commission shall be appointed from the names submitted by the following organizations, entities, or communities of interest:
One member from the Wicomico County Branch of the National Association for the Advancement of Colored People;
One member from the Wicomico County Education Association;
One member from the Wicomico County area chambers of commerce, selected by the chambers by consensus;
One member from the Wicomico County Educational Support Professionals Association;
One member from the Wicomico County Council of PTAs;
One member from each of the eight incorporated municipalities in Wicomico County; and
One member who is a parent of a child with special needs in the Wicomico County Public School System and who is affiliated with an advocacy group for children with special needs in the county.
To the extent practicable, the Commission shall reflect the gender, ethnic, and racial makeup of the county.
The County Executive of Wicomico County shall appoint the members of the Commission, with the advice and consent of the County Council, from the names submitted by the organizations, entities, or communities of interest listed under paragraph (5) of this subsection.
The term of a member of the Commission is 4 years.
The Commission shall select a chair and vice chair from among the members.
The Wicomico County Public School System shall provide staff for the Commission.
Except as provided in subsection (b) of this section, the Wicomico County Council shall appoint an individual to fill a vacancy of an elected member on the county board in accordance with § 3–13A–03 of this subtitle.
If a vacancy for an elected member occurs before the date that is 30 days before the date for filing a certificate of candidacy for the primary election in the presidential election year, the individual appointed under subsection (a) of this section shall serve only until a successor is elected by the voters at the next general election.
Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the county board.
The State Board may remove an elected or appointed member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity to request a hearing within 10 days.
If the member requests a hearing within the 10–day period:
The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense in person or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Wicomico County.
At the first meeting of the county board in December of each year, the county board shall elect a chair and vice chair from among the elected members.
A student member of the county board shall be selected in accordance with procedures established by the county board.
Each student member shall:
Be an 11th or 12th grade student in good standing and regularly enrolled in the Wicomico County public school system;
Serve for 1 year beginning July 1 after the selection of the member;
Be a nonvoting member; and
Advise the county board on the thoughts and feelings of students in the Wicomico County public schools.
Unless invited to attend by an affirmative vote of a majority of the elected members of the county board, a student member may not attend a closed session of the county board.
The chair of the county board is entitled to receive annually as compensation the greater of:
$4,000; or
A salary set by the Wicomico County Council.
The vice chair of the county board and the other elected members of the county board are entitled to receive annually as compensation the greater of:
$3,700; or
A salary set by the Wicomico County Council.
After submitting vouchers under the rules and regulations adopted by the county board, the elected members are entitled to receive reimbursement for travel and other expenses as provided in the county board’s budget.
On the submission of expense vouchers, a student member is entitled to reimbursement for travel and other expenses incurred in the performance of official duties for the county board.
A student member may be granted a scholarship as authorized by the county board.
A student member is not entitled to any compensation or payment other than that specified under paragraphs (1) and (2) of this subsection for the student member’s work as a student member of the county board.
The Worcester County Board consists of seven voting members and one nonvoting student member from each public high school in the county.
The seven voting members of the Worcester County Board shall be elected at a general election.
Members of the Worcester County Board shall be elected in accordance with Title 8, Subtitle 8 of the Election Law Article.
A member from a county commissioner district shall be a resident of the district.
A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.
Notwithstanding § 3–114(g) of this title or any other law, a school bus contractor is eligible to serve as a member of the county board.
Of the seven voting members of the county board, one shall be elected from each of the seven county commissioner districts.
A member serves for a term of 4 years beginning on the January 1 after the member’s election and until a successor is elected and qualifies.
One member shall be elected from each of the county commissioner districts 1, 4, 6, and 7 at the November 2002 general election.
One member shall be elected from each of the county commissioner districts 2, 3, and 5 at the November 2004 general election.
The county commissioners shall appoint a new member to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.
A resident of the district in which a vacancy exists may apply to the county commissioners to fill the vacancy.
The county commissioners shall adopt rules for the application procedure to fill a vacancy on the county board.
Each student member shall:
Be a 12th grade student in the Worcester County public school system elected by the high school students of the public school which the student attends, in accordance with procedures established by the school system;
Serve for 1 year beginning on July 1 after the election of the member;
Be a nonvoting member; and
Advise the board on the interests of students.
Unless invited to attend by an affirmative vote of a majority of the county board, the student members may not attend an executive session.
The State Board may remove a member of the county board for any of the following reasons:
Immorality;
Misconduct in office;
Incompetency;
Willful neglect of duty; or
Failure to attend, without good cause:
At least 75% of the scheduled meetings of the board in any 1 calendar year; or
Three consecutive scheduled meetings of the board.
Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
If the member requests a hearing within the 10–day period:
The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person, or by counsel.
A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Worcester County.
At its first meeting at the beginning of each calendar year, the county board shall elect a president and a vice president from among its members.
Subject to subsection (b) of this section, the members shall receive compensation as set by the county commissioners.
The salary of each member of the county board shall be at least $3,200.
The salary of the president of the county board shall be at least $3,600.
The county board shall meet at least once each month.
Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.
The county board may take actions in executive session in accordance with § 10–508 of the State Government Article.
Subject to the provisions of Subtitle 4 of this title, educational matters that affect the counties shall be under the control of a county board of education in each county.
Each county board shall seek in every way to promote the interests of the schools under its jurisdiction.
Except in Baltimore City, the county superintendent is the executive officer, secretary, and treasurer of the county board.
In Baltimore City, the Chief Executive Officer of the Baltimore City Board of School Commissioners is the executive officer, secretary, and treasurer of the Board of School Commissioners.
The Chief Executive Officer shall have the powers and duties imposed under this article.
The Chief Executive Officer is not a public officer under the Constitution or the laws of the State.
A county superintendent is not a public officer under the Constitution or the laws of the State.
Unless the tenure or salary or the administration of the office of the county superintendent is under consideration, the county superintendent or the county superintendent’s designee shall attend all meetings of the county board and its committees.
The county superintendent may advise on any question under consideration but may not vote.
On the written recommendation of the county superintendent and subject to the provisions of this article, each county board shall:
Appoint all principals, teachers, and other certificated and noncertificated personnel; and
Set their salaries.
In Baltimore City, the Board of School Commissioners shall exercise the authority granted in this section.
Except as provided in subsection (c) of this section, each county board may:
Retain counsel to represent it in legal matters that affect the board; and
Contract for the payment of a reasonable fee to the counsel.
Funds for these fees shall be included in the annual budget.
Except as provided in subsection (c) of this section, each county board may pay all or part of the counsel fees for the defense of a county board member who is involved in litigation because of his service and in his official capacity on that board.
Payments made under paragraph (1) of this subsection are a valid educational expense.
This subsection applies only in Prince George’s County.
The county board shall retain counsel to defend a county board member who is involved in litigation because of the member’s service and in the member’s official capacity on the county board.
The county board shall pay all counsel fees and reasonable and related expenses incurred for defending a member in litigation involving the member’s service in the member’s official capacity on the county board if it is determined during the course of litigation that the member was acting within the scope of the member’s authority and without malice and gross negligence.
In any suit or claim brought against a principal, teacher, school security guard, or other agent or employee of a county board by a parent or other claimant with respect to an action taken by the agent or employee, the board shall provide for counsel for that individual if:
The action was taken in the performance of his duties, within the scope of his employment, and without malice; and
The board determines that he was acting within his authorized official capacity in the incident.
The counsel required by this section may be provided through the office of the county attorney or city solicitor.
This subsection does not require a county board to provide or reimburse the cost of counsel to a plaintiff or claimant in a suit or claim against a county board or its members, agents, or employees.
Each county board shall carry comprehensive liability insurance to protect the board and its agents and employees.
The purchase of insurance in accordance with paragraph (1) of this subsection is a valid educational expense.
The State Board shall establish standards for these insurance policies, including a minimum liability coverage of not less than:
The amounts specified under § 5–518(c)(2) of the Courts Article for claims of sexual abuse made under § 5–117 of the Courts Article that occurred when the claimant was a minor; and
$400,000 for each occurrence for all other claims.
The policies purchased under this section shall meet these standards.
A county board complies with this section if it:
Is individually self–insured for the amounts specified under § 5–518(c)(2) of the Courts Article and meets the rules and regulations adopted by the State Insurance Commissioner; or
Pools with other public entities for the purpose of self–insuring property or casualty risks under Title 19, Subtitle 6 of the Insurance Article.
A county board that elects to self–insure individually under this subsection periodically shall file with the State Insurance Commissioner, in writing, the terms and conditions of the self–insurance.
The terms and conditions of this individual self–insurance:
Are subject to the approval of the State Insurance Commissioner; and
Shall conform with the terms and conditions of comprehensive liability insurance policies available in the private market.
A county board shall have the immunity from liability described under § 5–518 of the Courts and Judicial Proceedings Article.
A county board employee shall have the immunity from liability described under § 5-518 of the Courts Article.
A volunteer shall have the immunity from liability described under § 5-518 of the Courts Article.
A county board member shall have the immunity from liability described under § 5-518 of the Courts Article.
Each county board shall hold an annual meeting on or as near as possible to the second Tuesday in July, except that:
In Allegany County, the annual meeting shall be held on the second Tuesday in January;
In Anne Arundel County, the annual meeting shall be held on or as near as possible to the first Wednesday in December;
In Montgomery County, the annual meeting shall be held on or before January 10;
In Prince George’s County, the annual meeting shall be held on the first Monday in December;
In St. Mary’s County, the annual meeting shall be held following the first Monday in December; and
In Washington County, the annual meeting shall be held in December, on or before the 16th day.
A county board may hold any other meetings that its duties and business require.
Except as provided in Title 3 of this article, each county board, at its annual meeting, shall elect a president and a vice president from among its members by means of an individually recorded vote.
All final actions of a county board shall be taken at a public meeting. The minutes of the meeting shall be available to the public.
A county board may meet and deliberate in executive session if the matter under consideration is:
Land and site acquisitions; or
Personnel and labor relations.
Except as otherwise provided in this article, a member of a county board may not receive compensation.
Each member shall be reimbursed for traveling and other expenses incurred in the performance of his duties.
Each member of the county board of the counties specified in this paragraph shall receive the enumerated amounts annually for traveling and other expenses.
Calvert County:
Member $2,000; and
President $2,200.
Caroline County:
Member $3,000; and
President $3,500.
Cecil County:
Member $1,400; and
Chairman $1,600.
Charles County:
Member $600;
Vice chairman $600; and
Chairman $800 and $1,500
for calendar year 1999 and each year thereafter.
Dorchester County:
Member $3,000; and
Chairman $3,200.
Frederick County:
Member $1,000; and
President $1,500.
Queen Anne’s County:
Member $3,000; and
Chairman $3,200.
Talbot County:
Member $1,200;
Chairman $1,500;
Travel $300; and
Other expenses for each meeting, other than the annual meeting attended on behalf of the county $25.
Each member of the Charles County Board shall receive the following amounts annually as compensation:
Member:
$3,090 for the calendar year 1995; and
$3,185 for the calendar years 1996, 1997, and 1998;
Vice chairman:
$3,400 for the calendar year 1995; and
$3,500 for the calendar years 1996, 1997, and 1998; and
Chairman:
$3,710 for the calendar year 1995; and
$3,820 for calendar years 1996, 1997, and 1998.
Each member of the St. Mary’s County Board shall receive the following amounts annually as compensation:
Member $10,000
with a 1.5% annual increase; and
Chairman $11,000
with a 1.5% annual increase.
In addition, each member and the chairman of the St. Mary’s County Board shall receive annually $150 for each year of service.
Each member of the Worcester County Board shall receive an amount annually for traveling and other expenses as determined by the County Commissioners, but in the amount of at least:
Member $2,000; and
Chairman $2,400.
Each county board shall:
To the best of its ability carry out the applicable provisions of this article and the bylaws, rules, regulations, and policies of the State Board;
Maintain throughout its county a reasonably uniform system of public schools that is designed to provide quality education and equal educational opportunity for all children;
Subject to this article and to the applicable bylaws, rules, and regulations of the State Board, determine, with the advice of the county superintendent, the educational policies of the county school system;
Adopt, codify, and make available to the public bylaws, rules, and regulations not inconsistent with State law, for the conduct and management of the county public schools; and
Adopt and maintain a written antidiscrimination policy for the county school system that, in accordance with Title 26, Subtitle 7 of this article, prohibits a school from:
Discriminating against any person because of the individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
Refusing enrollment of a prospective student, expelling a current student, or withholding privileges from any individual because of an individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; and
Disciplining, invoking a penalty against, or taking any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the school discriminated against the student, regardless of the outcome of the complaint.
Subject to approval by the State Superintendent and in accordance with the applicable bylaws, rules, and regulations of the State Board, a county board may establish a public school if, in its judgment, it is advisable.
On approval by the State Superintendent, any school established under this section becomes a part of the State program of public education.
With the advice of the county superintendent, the county board shall determine the geographical attendance area for each school established under this section.
This section applies only in Howard County.
During a school redistricting process, if the redistricting plan proposed by the county board differs from the redistricting plan proposed by the county superintendent, the county board shall allow one or more members of a household whose school assignment is changed only in the county board’s plan to provide public testimony before the final vote on either plan.
In this section, “innovative regional school” means a public school that:
Admits students from the Carroll County or Howard County public school systems under a memorandum of understanding agreed to under subsection (d) of this section; and
Offers special courses or curricula for an innovative education program.
This section applies only in Carroll County and Howard County.
Through a memorandum of understanding agreed to under subsection (d) of this section, the county boards of Carroll County and Howard County may establish innovative regional schools.
Before establishing an innovative regional school, both county boards shall enter into a binding memorandum of understanding outlining each county board’s responsibilities in the governance, operations, maintenance, and financing of the innovative regional school.
The memorandum of understanding shall be subject to the approval of the county governing body of Carroll County and Howard County.
The parties to the memorandum of understanding shall identify one of the county boards to govern the innovative regional school.
The memorandum of understanding between the county boards of Carroll County and Howard County shall include provisions for:
Equitable access to the innovative regional school for students with disabilities and students who are eligible for free and reduced price meals;
Transportation to ensure students without access to a vehicle are able to attend the innovative regional school; and
Cost sharing responsibilities between the two county boards related to maintenance of the school building.
The memorandum of understanding may establish a geographic area of attendance for the innovative regional school.
If more students apply for attendance at the innovative regional school than can be accommodated, the innovative regional school shall admit students on a lottery basis.
Notwithstanding § 4–121 of this subtitle, and subject to subparagraph (ii) of this paragraph, the memorandum of understanding may establish required payments of each county served by the innovative regional school.
The source of funds for any payments made by each county served by the innovative regional school shall be limited to county appropriations only.
The memorandum of understanding may contain any other agreements each county board considers necessary.
Except as provided in paragraph (2) of this subsection, the collective bargaining agreement established under Title 6, Subtitle 4 or Subtitle 5 of this article in the county that is identified under subsection (d)(2) of this section shall govern working conditions at the innovative regional school.
The employee organization and the public school employer in the county that is identified under subsection (d)(2) of this section may mutually agree to negotiate amendments to the existing bargaining agreement to address the needs of the innovative regional school.
Innovative regional schools established under this section are not subject to the approval of the State Board or the State Superintendent under § 4–109 of this subtitle.
Except as otherwise provided in this section, innovative regional schools shall comply with the regulations and provisions of law governing other public schools.
In this section the following words have the meanings indicated.
“Content standards” has the meaning stated in § 7–202.1 of this article.
“Curriculum resources” has the meaning stated in § 7–202.1 of this article.
“Curriculum standards” has the meaning stated in § 7–202.1 of this article.
Subject to the applicable provisions of this article and the bylaws, basic policies, and guidelines established by the State Board, each county board, on the written recommendation of the county superintendent, shall:
Establish curriculum guides and courses of study aligned with the content standards developed under § 7–202.1 of this article for the schools under its jurisdiction, including appropriate programs of instruction or training for children with disabilities; and
Supply printed copies of these materials to any teacher or interested individual.
If the State Superintendent receives notice or determines that a county board has established curriculum guides and courses of study contrary to the requirements of subsection (b) of this section, the State Superintendent shall send a written notice of discrepancy to the county board.
Within 30 days after the date the county board received notice under paragraph (1) of this subsection, the county superintendent shall meet with the State Superintendent to:
Discuss the discrepancies identified by the State Superintendent under paragraph (1) of this subsection; and
Develop a corrective plan, including an implementation timeline, subject to approval of the State Superintendent.
If the State Superintendent determines that the county board has not satisfactorily implemented the corrective plan approved under paragraph (2) of this subsection, the county board shall adopt and use the curriculum standards and curriculum resources established by the Department under § 7–202.1 of this article only in subjects or courses identified in the corrective plan.
The State Superintendent shall send a county board a written notice of a determination under subparagraph (i) of this paragraph within 30 days after the end of the implementation timeline approved in the corrective plan under paragraph (2) of this subsection.
A county board shall send the State Superintendent written confirmation of receipt of the notice under subparagraph (ii) of this paragraph, including documentation of the affirmative vote of the county board’s adoption of the Department’s curriculum standards and curriculum resources in accordance with subparagraph (i) of this paragraph.
If a county board fails to adopt the Department’s curriculum standards and curriculum resources as required under paragraph (3) of this subsection within 60 days after the date the county board received the written notice from the State Superintendent under paragraph (3)(ii) of this subsection, the State Superintendent shall withhold State funds in accordance with §§ 2–303 and 5–205 of this article.
A county board may give academic credit for the study of American Sign Language.
On or before December 1, 2012, and every 5 years thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a summary of the information reported to the State Superintendent during the financial literacy COMAR certification process.
The Department shall:
Support and facilitate oral health education, including oral disease prevention and dental health promotion, in every county;
Develop a process to monitor implementation of oral health education; and
On or before December 1, 2015, and every 5 years thereafter, submit to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly a summary of the information reported by the Department to the State Superintendent during the certification of the Health Education State Curriculum.
Beginning in the 2018–2019 school year, each county board is encouraged to implement an agriculture science curriculum specified in subsection (b) of this section in:
At least one public high school in the county; or
At least one career and technology education center in the county.
The agriculture science curriculum implemented under subsection (a) of this section shall be:
Selected from existing curricula that have been developed by the Department; or
Developed by a county board and approved by the Department.
Beginning in the 2021–2022 school year, each county board shall require each public high school in the county to offer at least one computer science course.
The computer science course shall be of high quality and meet or exceed the curriculum standards and requirements established by the State Board.
The county board shall make efforts to:
Incorporate instruction in computer science in each public elementary and middle school in the county; and
Increase the enrollment in middle and high school computer science courses of:
Female students;
Students with disabilities; and
Students of ethnic, racial, and other demographic groups that are underrepresented in the field of computer science as identified by the U.S. Equal Employment Opportunity Commission.
Each county board shall establish at least one citizen advisory committee to advise the board and to facilitate its activities and programs in the public schools.
Similar advisory committees may be established for:
An individual school; or
A group of schools within a region.
A committee established under this section may include parents, teachers, students, and other citizens as members.
This subsection applies only in Prince George’s County.
A citizen advisory committee established by the Prince George’s County Board of Education shall reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the county.
Under the direction of the county superintendent, a county board may take a school census of the children under the age of 18 in its county, including a census of handicapped children both of school age and of preschool age.
Any data collected as to handicapped children shall be furnished to the Maryland Department of Health.
Any person who has under his control a child under the age of 18 and who withholds information needed for the census from any officer demanding it or who makes any false statement about the child is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20.
Each county board shall convert a student’s home address and geolocation information into census tract and block numbers in a manner and format that are consistent with the protocol developed by the Maryland Longitudinal Data System Center under § 24–703.3 of this article.
The Department shall collect from each county board census tract and block number information for each student in the county.
The Department shall provide the Maryland Longitudinal Data System Center with the census tract and block number information collected under this section to aid the Maryland Longitudinal Data System Center’s goal under § 24–702 of this article of linking student data and workforce data.
All property granted, conveyed, devised, or bequeathed for the use of a particular public school or school system:
Except as provided in subsections (c) through (e) of this section, shall be held in trust for the benefit of the school or school system by the appropriate county board or, for real property in Baltimore City, by the Mayor and City Council of Baltimore; and
Is exempt from all State and local taxes.
Money invested in trust for the benefit of the public schools for any county or city is exempt from all State and local taxes.
A private entity or a county revenue authority may hold title to property used for a particular public school or local school system if the private entity or county revenue authority is contractually obligated to transfer title to the appropriate county board on a specified date.
The conveyance of title of school property to a private entity or a county revenue authority for a specified term under this subsection may not be construed to prohibit the allocation of construction funds to an approved school construction project under the Public School Construction Program.
A county or county board may convey or dispose of surplus land under the jurisdiction of the county or county board in exchange for public school construction or development services.
This subsection applies only to a project that uses an alternative financing method under § 4–126 of this subtitle.
A county board may transfer title to property used for a particular public school or local school system to a county revenue authority or private entity if the county revenue authority or private entity is contractually obligated to operate and maintain the property until:
The property outlives its useful life;
The property is no longer needed for school purposes; or
As otherwise agreed to by the parties.
A county revenue authority or private entity may hold title to property leased by a county board to be used for a particular public school or local school system under terms agreed to by the parties.
In this subtitle, “county council” means, in Baltimore City, the Mayor and City Council of Baltimore.
For purposes of this subtitle, a county board may consider the provision of educator workforce housing, as defined in § 1–101 of the Housing and Community Development Article, as a school purpose.
Each county board shall request and receive the approval of the State Superintendent, or the State Superintendent’s designee, before the county board may:
Buy or otherwise acquire land, school sites, or buildings that will be used for the education of students;
Rent or build school facilities or approve contracts for doing so, if the plans conform to the bylaws, rules, and regulations of the State Board; or
Add to or renovate school facilities or approve contracts for doing so, if the addition or renovation:
Costs more than $1,250,000;
Will affect the plan configuration of student–occupied spaces; and
Conforms to the bylaws, rules, and regulations of the State Board.
Except as provided in this subsection, if, with the approval of the State Superintendent, or the State Superintendent’s designee, a county board finds that any land, school site, or building no longer is needed for school purposes, it shall inform the county commissioners or county council of the county board’s determination under this subparagraph.
When the county commissioners or county council receives notice under subparagraph (i) of this paragraph, the county commissioners or county council shall notify the county board within 30 days after receiving the notice from the county board:
Of the need to transfer the land, school site, or building to the county commissioners or county council if the land, school site, or building is an integral component of an existing economic development plan that will, in the judgment of the county commissioners or county council, significantly benefit the county; or
That the county commissioners or county council has no existing plans for the use of the land, school site, or building.
If the county commissioners or county council provides the required notice to the county board under subparagraph (ii)1 of this paragraph or a public charter school does not need the school site or building under § 9–111 of this article, the land, school site, or building shall be transferred by the county board to the county commissioners or county council and may be used, sold, leased, or otherwise disposed of, except by gift, by the county commissioners or county council.
If the county commissioners or county council provides the required notice to the county board under subparagraph (ii)2 of this paragraph, the county board shall comply with the provisions of § 9–111 of this article.
In Harford County, if, with the approval of the State Superintendent, or the State Superintendent’s designee, the county board finds that any land, school site, or building is no longer needed for school purposes, it shall be transferred by the county board to Harford County, Maryland, and disposed of in accordance with this section.
With the approval of the State Superintendent, or the State Superintendent’s designee, the Cecil County Board may transfer, with or without charge, any of its property to the board of trustees of a public community college.
In Baltimore County, the Baltimore County Board of Education must notify the Baltimore County Office of Planning and Zoning of any schools it is considering for closure and request from that Office a written recommendation on the proposed action. If the Office of Planning and Zoning wishes to make a recommendation, it must be submitted to the board no later than November 1 of the calendar year preceding the proposed closure. The board of education shall consider these recommendations at least 3 months before taking final action. These provisions may be waived by mutual agreement.
In Baltimore City, the Board of School Commissioners shall notify the Baltimore City Department of Planning of any school buildings the board is considering for closure simultaneously as the board releases its school building closure list in accordance with COMAR 13A.02.09, and request from that department a written recommendation on the proposed action and the relative merit for Baltimore City.
A recommendation by the Baltimore City Department of Planning shall be submitted to the board no later than 30 days after notification by the board.
The board shall consider these recommendations before taking final action.
The requirements of this subsection may be waived by mutual agreement between the board and the Baltimore City Department of Planning.
If there is a commission or agency with legal responsibility for county planning for land use, the county board shall:
Consult with the commission or agency; and
Ask its advice in choosing land for a school site.
The site shall conform as far as practicable to development plans for land use in the county.
If a county board gives preliminary approval of a school site, the county board shall hold a public hearing if:
It considers it desirable;
100 or more adult residents of the county petition in writing for a hearing; or
The county commissioners or county council asks for a hearing.
The hearing shall be held on at least 10 days’ notice, published at least once in a newspaper of general circulation in the county and posted electronically on the local school system website, to give all interested persons an opportunity to present their views.
Any petition by residents of the county shall be filed at the office of the county board within 15 days after the board gives preliminary approval of the site.
If a hearing is held, minutes shall be kept and, after deliberation, the county board shall send the minutes of the hearing and its recommendation to the State Superintendent for use in making a decision on his approval of the site.
A request for site approval may not be made to the State Superintendent by a county board until 15 days pass after its action recommending the site or, if a hearing is held, until after the hearing, whichever occurs last.
On the recommendation of the county superintendent, a county board may employ architects to assist in preparing plans and specifications for constructing or remodeling a building.
The construction or remodeling of a building shall conform to all applicable State and county building, electrical, fire, and plumbing regulations and codes.
A fee may not be charged for any permit required pursuant to the required regulations or codes for construction or remodeling, but a fee may be charged for water or sewer permits, or for connection and service charges for water and sewerage.
A building to be constructed or substantially remodeled under this section shall be required to install approved carbon monoxide detectors in areas of new and existing educational occupancies where fuel fired equipment is present.
A signal from a carbon monoxide detector installed under this subsection shall be automatically transmitted to an approved supervising station or to a constantly attended on–site location.
The carbon monoxide detectors required under this subsection shall be installed in accordance with the National Fire Protection Association 720: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, 2009 Edition or as referenced in the State Fire Prevention Code.
Each county board may receive a donation of any:
School land;
School site; or
Suitably located house adapted to school purposes.
A county board may not improve any site or occupy any house donated under this section until it has acquired either a valid title to the property or a leasehold interest in it for a term longer than the probable useful life of the proposed improvement to the site or of the house donated.
A county board may bring condemnation proceedings to acquire land under Title 12 of the Real Property Article if:
Land is required for any school purpose; and
The county board is unable to contract with the owner of the land for what the board considers to be a fair valuation.
The county board may ask the county commissioners or county council to assist it in bringing condemnation proceedings.
If a county board considers it practicable, it shall consolidate schools.
Each county board shall arrange for the transportation of students to and from consolidated schools.
In this section the following words have the meanings indicated.
“Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the past fiscal year, divided by full–time equivalent enrollment, as defined in § 5–202(a) of this article.
“Receiving county” means a county that receives the children of an adjoining, sending county into its public schools.
“Sending county” means a county that sends children who reside within its borders to a public school in an adjoining, receiving county.
A school that is in one county and near the boundary of an adjoining county is free to the children of the adjoining county as provided in this section.
The county boards of the two counties may:
Provide jointly for the maintenance and support of the jointly attended school in the receiving county; and
Determine the geographical attendance areas and other attendance policies of the two counties for all jointly attended schools in the receiving county.
If the two county boards fail to agree on a geographical attendance area or attendance policy, the State Superintendent shall decide the matter.
The following provisions apply in Somerset and Worcester counties:
A student who resides in Somerset County and is presently attending school in Worcester County may continue to attend school in Worcester County until graduation from high school.
After all of the students described in item (i) of this paragraph have graduated, the exception described in this paragraph will end and all new students will attend school in Somerset County, unless otherwise authorized as provided in paragraph (1) of this subsection.
For each fiscal year, the sending county shall pay the receiving county, for each student who resides in the sending county and who attends a public school in the receiving county, an amount equal to the lesser of:
The local current expense per student in the sending county; or
The local current expense per student in the receiving county.
If the local current expense per student for the sending county is less than the local current expense per student for the receiving county, the difference, plus the appropriate State share of the foundation program, for each student who resides in a sending county who attends a public school in the receiving county, shall be:
Paid by the State to the receiving county; and
Provided for in the appropriation to the State Board.
In this section the following words have the meanings indicated.
“Child in an out–of–county living arrangement” means a child who is placed by a State agency, a licensed child placement agency as provided by § 5–507 of the Family Law Article, or a court in a county other than where the child’s parent or legal guardian resides. “Child in an out–of–county living arrangement” does not include a child living with a relative, stepparent or a person exercising temporary care, custody or control over a child at the request of a parent or guardian of the child.
“Financially responsible county” means the county where the parent or legal guardian of a child in an out–of–county living arrangement resides. If the parents of the child live apart, the financially responsible county is:
The county where the parent who has been awarded custody of the child resides;
If custody has not been awarded, the county where the parent with whom the child lives when not in a foster care home or residential facility resides;
If custody has been awarded to both parents and the parents reside in different counties, both counties shall be considered financially responsible and shall pay one–half the amount as computed in accordance with subsection (c) of this section, except that if the child receives a public education in a county where a parent resides, this subparagraph shall not apply; or
If custody has been awarded to both parents and one parent resides in a county and the other resides out–of–state, the county shall be considered the financially responsible county.
“Least restrictive environment C (LRE–C)” means a setting in which a child is enrolled in a comprehensive school and receives special education and related services in regular education settings less than 40% of the school day.
“Least restrictive environment F (LRE–F)” means a setting in which a child receives special education and related services for greater than 50% of the school day in a public separate day facility that does not include programs for students without disabilities.
“Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the prior fiscal year, divided by the full–time equivalent enrollment, as defined in § 5–202(a) of this article.
“Service providing local education agency” means the local education agency for the county where a child in an out–of–county living arrangement is placed.
A child in an out-of-county living arrangement shall receive an appropriate education from the service providing local education agency.
The service providing local education agency shall include a child enrolled as the result of an out-of-county living arrangement in their full-time equivalent enrollment as provided by § 5-202(a)(6) of this article.
Except as provided in paragraph (4) of this subsection, for each child in an out–of–county living arrangement enrolled in a public school program on December 31, the financially responsible county shall pay the service providing local education agency an amount equal to the lesser of:
The local current expense per student in the financially responsible county; or
The local current expense per student in the service providing local education agency.
If the service providing local education agency determines that a child in an out–of–county living arrangement is a student with a disability who needs an LRE–C or LRE–F placement, the financially responsible county shall pay the service providing local education agency for each such child an amount equal to the lesser of:
Three times the local current expense per student in the financially responsible county; or
Three times the local current expense per student in the service providing local education agency.
If the local current expense per student in the financially responsible county is less than the local current expense per student in the service providing local education agency, the State shall pay to the service providing local education agency the difference for each student in an out–of–county living arrangement who attends a public school in the service providing local education agency.
The necessary funds shall be provided in the appropriation to the State Board.
If the service providing local education agency determines that a child in an out–of–county living arrangement is disabled and needs a nonpublic educational program as provided by § 8–406 of this article, the financially responsible county shall pay for each such child the amount provided by § 8–415(d)(3) of this article.
Each service providing local education agency shall notify the State Superintendent of the name of each child in an out-of-county living arrangement as of December 31 of each year and make a preliminary determination of the financially responsible county for each child. The service providing local education agency shall send a copy of this notice to the financially responsible county by January 31, and at the same time shall send the notice to the State Superintendent.
The county which was initially determined to be financially responsible may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.
The State Superintendent shall decide all appeals which are made under paragraph (2) of this subsection, and make a final determination regarding the financially responsible county for each child in an out-of-county living arrangement.
By January 15 of each year each county board shall provide the State Superintendent the data necessary to compute the local current expense per student under this section.
If by May 15 a financially responsible county fails to make the required payment to a service providing local education agency, the State Superintendent shall deduct from the next payment of State aid to the financially responsible county an amount equal to the amount owed under this paragraph and shall pay those funds to the service providing local education agency.
Except as provided in paragraph (2) of this subsection, out-of-state agencies that place a child in a foster care home or residential facility in Maryland shall be liable for the costs of the child’s education, including transportation.
The provisions of paragraph (1) of this subsection do not apply to out-of-state agencies that place a child for adoption.
The State Board may adopt regulations which implement this section.
In this section the following words have the meanings indicated.
“Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.
“Least restrictive environment C (LRE–C)” means a setting in which a child is enrolled in a comprehensive school and receives special education and related services in regular education settings less than 40% of the school day.
“Least restrictive environment F (LRE–F)” means a setting in which a child receives special education and related services for greater than 50% of the school day in a public separate day facility that does not include programs for students without disabilities.
“Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the prior fiscal year, divided by the full–time equivalent enrollment, as defined in § 5–202(a) of this article.
“Receiving agency” means the local education agency for the county where the relative of a child in an informal kinship care relationship resides.
“Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.
“Sending agency” means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, subject to the following conditions:
If the parents or legal guardians of the child live apart, the sending agency is the local education agency in the county where the parent or legal guardian who has been awarded custody of the child resides;
If custody has not been awarded to a parent or legal guardian, the sending agency is the local education agency of the county where the parent or legal guardian with whom the child lives when not in an informal kinship care relationship resides;
If custody has been awarded to both parents or legal guardians, and the parents or legal guardians reside in different counties, the local education agencies of both counties shall be considered a sending agency and shall pay one–half the amount as computed in accordance with subsection (d) of this section, except that if a child receives a public education in a county where a parent resides, this subparagraph shall not apply; and
If custody has been awarded to both parents or legal guardians, and one parent resides in a county and the other resides out of state, the local education agency of the county shall be considered the sending agency.
“Serious family hardship” means:
Death of a parent or legal guardian of the child;
Serious illness of a parent or legal guardian of the child;
Drug addiction of a parent or legal guardian of the child;
Incarceration of a parent or legal guardian of the child;
Abandonment by a parent or legal guardian of a child; or
Assignment of a parent or legal guardian of a child to active uniformed services duty.
Subsection (d) of this section shall apply to the education funding of a child in an informal kinship care relationship if the fiscal impact of the requirements of § 7–101(c) of this article to a county exceeds 0.1% of a county board’s total operating budget for a fiscal year.
A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.
The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full–time equivalent enrollment as provided by § 5–202(a) of this article.
Subject to subsection (b) of this section, and except as provided in paragraph (3) of this subsection, for each child in an informal kinship care relationship enrolled in a public school program, the sending agency shall pay the receiving agency an amount equal to the lesser of:
The local current expense per student under the jurisdiction of the sending agency; or
The local current expense per student under the jurisdiction of the receiving agency.
If the receiving agency determines that a child in an informal kinship care relationship is a student with a disability who needs an LRE–C or LRE–F placement, the sending agency shall pay the receiving agency for each such child an amount equal to the lesser of:
Three times the local current expense per student under the jurisdiction of the sending agency; or
Three times the local current expense per student under the jurisdiction of the receiving agency.
If the receiving agency determines that a child in an informal kinship care relationship is disabled and needs a nonpublic educational program as provided by § 8–406 of this article, the sending agency shall pay for each such child the amount provided by § 8–415(d)(3) of this article.
Each receiving agency shall:
Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and
Subject to subsection (b) of this section, make a preliminary determination of the sending agency that is financially responsible for each child under subsection (d) of this section.
The receiving agency shall send a copy of the notice required under paragraph (1) of this subsection to the sending agency by January 31, and, at the same time, shall send notice to the State Superintendent.
The sending agency that was determined to be financially responsible under this subsection may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.
The State Superintendent shall decide all appeals that are made under paragraph (3) of this subsection and make a final determination regarding the sending agency’s financial responsibility for each child in an informal kinship care relationship under the jurisdiction of the receiving agency.
By January 15 each year, each county board shall provide the State Superintendent the data necessary to compute the local current expense per student under this section.
If by May 15 a sending agency has failed to make the required payment to a receiving agency, the State Superintendent shall deduct from the next payment of State aid to the sending agency an amount equal to the amount owed under this section and shall pay those funds to the receiving agency.
The State Board shall adopt regulations to implement this section.
A county board may enter into an agreement for the cooperative or joint administration of programs with one or more:
County boards;
Other educational institutions or agencies; and
Boards of county commissioners or county councils.
Agreements made under this section may include the cooperative or joint administration of programs that relate to:
Personnel;
Purchasing;
Accounting;
Data processing;
Printing;
Insurance;
Building maintenance; and
Transportation.
If an agreement made under this section establishes a separate administrative entity to conduct or administer the joint or cooperative undertaking with power to employ persons, receive and spend money, or receive and spend federal or State grants and appropriations, the agreement shall specify the following:
The duration of the agreement;
The organization, composition, and nature of any separate administrative entity established;
A statement of the powers of the entity and the manner of representation and participation of each cooperating board or agency in the program and that, if a joint board is established, each public agency party to the agreement shall be represented on it;
The purpose of the administrative entity;
The manner of financing the joint or cooperative undertaking and of establishing and maintaining its budget, including the manner for receiving, holding, and disbursing federal and other grants and appropriations, and the responsibilities of each cooperating unit of government involved for the payment of the share of the employer in any pension, retirement, or insurance plan administered by any of the participants;
The manner of acquiring, holding, and disposing of property used in the joint or cooperative undertaking;
The method to be used in accomplishing the partial or complete termination of the agreement and for disposing of property on partial or complete termination; and
Any other necessary and proper matters.
Before any agreement made under subsection (b) of this section becomes effective, it shall:
Be approved by the county governing body; and
Be submitted to the Attorney General.
If the Attorney General finds that the agreement is not in proper form or not compatible with the laws of this State, the Attorney General shall give written details to the governing body of each public agency concerned as to how the proposed agreement fails to meet the requirements of law.
A cooperative entity established under subsection (b) of this section may administer only the programs and exercise only the powers and duties specifically delegated to it by the public bodies party to the agreement.
An agreement made under this section does not relieve any county board or other participant of any obligation or responsibility imposed on it by law, except that actual and timely performance by a joint board or other administrative entity established by an agreement under this section may be offered by the board in satisfaction of the obligation or responsibility.
A county board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of public and nonpublic elementary and secondary schools as “drug–free school zones”.
The signs shall be designed in order to provide notice of the provisions of § 5–627 of the Criminal Law Article.
In Anne Arundel County, Baltimore City, and Prince George’s County, all new and replacement signs shall include a hotline number to report information concerning suspected illegal drug activity.
In this section the following words have the meanings indicated.
“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.
“Mandatory set–asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.
“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.
“Minority business enterprise” means any business enterprise:
That is at least 51 percent owned by one or more minority individuals; or
In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by one or more minority individuals; and
Whose management and daily business operations are controlled by one or more minority individuals.
“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.
“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.
“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.
The Board of Education of Prince George’s County shall undertake and complete an internal and market fact–finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the board. The results of the fact–finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.
If the fact–finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the county board, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the county board. The program shall include specific goals and the definition of “minority individual”.
In establishing a minority business enterprise program, the county board is authorized to use incentives to achieve the designated goals of the program, including but not limited to:
Mandatory set–aside procedures;
Mandatory subcontracting procedures with reasonable waiver provisions;
The application of bonus points;
The application of percentage points;
Restrictive bidding;
Restrictive price quotations;
The reduction or waiver of bonding requirements; and
Incentives to encourage maximum participation by:
Small businesses;
A variety of different businesses; and
Businesses located within Prince George’s County.
The county board may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the board.
It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this section.
The county board shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.
The program shall be evaluated every 2 years.
The results of any evaluation under this subsection shall be submitted to the Prince George’s County Delegation of the General Assembly.
In this section the following words have the meanings indicated.
“Certified county–based business participation” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“Certified county–based minority business participation” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County–based business” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County–based minority business enterprise” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County–based small business” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County board” means the Prince George’s County Board of Education.
“Procurement” means the process of buying, leasing, lease–purchasing, or otherwise obtaining supplies, services, or construction.
“Procurement” includes all functions that relate to the process of obtaining supplies, services, or construction, including:
Description of requirements;
Selection and solicitation of sources; and
Preparation, award, and execution of a contract.
“Program” means the Certified County–Based Business Participation Program that may be established under this section.
This section applies only in Prince George’s County.
The county board, after consultation with the County Superintendent, may establish and implement a Certified County–Based Business Participation Program to be used in county board procurement.
If the county board exercises the authority granted in subsection (c) of this section, the county board and the County Superintendent shall:
Consult with the Prince George’s County Council, or its agencies or agents, on the establishment and implementation of the Program; and
Establish goals and requirements for the Program that may include:
Minimum percentages for certified county–based business participation;
Utilization of county–based small businesses;
Minimum goals and incentives for maximizing certified county–based minority business participation; and
The goals established under § 4–125(d) of this subtitle.
To achieve the designated goals of the Program, the county board and the County Superintendent may use incentives and bonuses, including:
Mandatory set–aside procedures;
Mandatory subcontracting procedures with reasonable waiver provisions;
The application of bonus points;
The application of percentage points;
Restrictive bidding;
Restrictive price quotations;
The reduction or waiver of bonding requirements; and
Incentives to encourage maximum participation by:
Certified county–based small businesses; and
A variety of different certified county–based businesses.
If the county board exercises the authority granted in subsection (c) of this section, the county board and the county council shall enter into a binding memorandum of understanding outlining the county board’s goals and commitment to implementing the Program.
On or before December 1, 2015, and each year thereafter, the county board, after consultation with the County Superintendent, shall submit a report to the Prince George’s County delegations to the House of Delegates and Senate of Maryland, the Prince George’s County Council, and the Prince George’s County Executive, in accordance with § 2–1257 of the State Government Article, that specifies:
The respective percentages and dollar amounts of certified county–based business participation, certified county–based minority business participation, and certified county–based small business participation in county board procurement for the previous fiscal year; and
The efforts by the county board and the County Superintendent in the previous fiscal year to encourage greater certified county–based business participation, certified county–based minority business participation, and certified county–based small business participation in county board procurement.
In this section, “alternative financing methods” includes one or more of the following methods:
Sale–leaseback arrangements, in which a county board agrees to transfer title to a property, including improvements, to a private entity that simultaneously agrees to lease the property back to the county board and, on a specified date, transfer title back to the county board;
Lease–leaseback arrangements, in which a county board leases a property to a private entity that improves the property and leases the property, with the improvements, back to the county board;
Public–private partnership agreements, in which a county board contracts with a county revenue authority or a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for cooperative use of the school or an adjacent property and generation of revenue to offset the cost of construction or use of the school;
Performance–based contracting, in which a county board enters into an energy performance contract to obtain funding for a project with guaranteed energy savings over a specified time period;
Preference–based arrangements, by which a local governing body gives preference first to business entities located in the county and then to business entities located in other counties in the State for any construction that is not subject to prevailing wage rates under Title 17, Subtitle 2 of the State Finance and Procurement Article;
Design–build arrangements, that permit a county board to contract with a design–build business entity for the combined design and construction of qualified education facilities, including financing mechanisms where the business entity assists the local governing body in obtaining project financing; and
Design–construct–operate–maintain–finance arrangements that permit a county board to contract with a county revenue authority or a private entity for the design, construction, operation, and maintenance of a public school under terms agreed to by the parties.
Except when prohibited by local law, in order to finance or to speed delivery of, transfer risks of, or otherwise enhance the delivery of public school construction, a county board, with the approval of the county governing body in accordance with subsection (d) of this section, may:
Use alternative financing methods;
Engage in competitive negotiation, rather than competitive bidding, in limited circumstances, including construction management at–risk arrangements and other alternative project delivery arrangements, as provided in regulations adopted by the Interagency Commission on School Construction;
Accept unsolicited proposals for the development of public schools in limited circumstances, as provided in regulations adopted by the Interagency Commission on School Construction;
Solicit proposals for the development of public schools;
Lease property from a county revenue authority or a private entity for use as a public school facility; and
Use quality–based selection, in which selection is based on a combination of qualifications and cost factors, to select developers and builders, as provided in regulations adopted by the Interagency Commission on School Construction.
The alternative financing methods described under paragraph (1)(i) of this subsection may include reserves sufficient to cover operation, facility renewal, maintenance, and energy costs as part of a contract.
Use of alternative financing methods under this section may not be construed to prohibit the allocation of State funds for public school construction to a project under the Public School Construction Program.
A county board may not use alternative financing methods under this section without the approval of the county governing body.
Except as provided in paragraphs (2) and (3) of this subsection, § 2–303(f) and Title 5, Subtitle 3 of this article and the regulations that govern the Public School Construction Program do not apply to projects that use alternative financing methods under this section.
Nothing in this section may be construed to authorize or require State approval before an alternative financing method may be used by a local school system.
If a project that receives State funding uses alternative financing methods under this section, the project shall be submitted to the Interagency Commission on School Construction for review.
Projects that use alternative financing methods under this section and receive State funding shall comply with the following requirements:
Except as provided in subparagraph (ii) of this paragraph, the State and local cost–share established for each county in regulations;
Except as provided in subparagraph (ii) of this paragraph, the maximum State award for each project approved for State funding;
Except as provided in subparagraph (ii) of this paragraph, the approval of project funding by the Interagency Commission on School Construction;
Smart growth requirements;
Minority business enterprise requirements;
Prevailing wage requirements;
Environmental requirements; and
A requirement for a procurement process that includes public notice and results in the most advantageous proposal.
In Prince George’s County, projects that use alternative financing methods under this section and receive State funding for a yearly availability payment:
Do not have to comply with the requirements under subparagraph (i)1 through 3 of this paragraph;
Shall comply with the requirements under subparagraph (i)4 through 8 of this paragraph; and
If the project receives State funding for a yearly availability payment from the Supplemental Public School Construction Financing Fund under § 10–658 of the Economic Development Article, the project shall comply with a four–party memorandum of understanding entered into and signed by the Prince George’s County Board, Prince George’s County, the Maryland Stadium Authority, and the Interagency Commission on School Construction that:
Subject to item G of this item, specifies the roles, rights, terms, and responsibilities of each party with respect to school projects undertaken with a private or public entity using alternative financing methods, including any amounts the parties are required to deposit into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle;
Specifies that § 2–303(f) and Title 5, Subtitle 3 of this article and regulations governing the Public School Construction Program are not applicable to projects using alternative financing methods;
Requires the Prince George’s County Board to submit projects to the Interagency Commission on School Construction for review before commencement of the project;
Specifies the time frames in which the Interagency Commission on School Construction shall complete its review of projects;
Requires the Prince George’s County Board to submit annual reports to Prince George’s County, the Maryland Stadium Authority, and the Interagency Commission on School Construction during the term of the alternative financing method contract with the public or private entity;
Specifies the terms under which each party will comply with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle;
Specifies the roles of the Interagency Commission on School Construction, including the Interagency Commission’s rights related to:
Approval of the Project Agreement;
II. Approval of site–specific educational specifications;
III. Approval of final site selections; and
IV. The role of the governing body of the program; and
Specifies that the governance structure for the program is the Prince George’s County Superintendent of Schools, the Prince George’s County Executive, and the Chair of the Prince George’s County Council.
In this section, “public–private partnership agreement” means an agreement in which a county board of education contracts with a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for operation and maintenance of a school, cooperative use of the school or an adjacent property, and generation of revenue to offset the cost of construction or use of the school.
Except as otherwise provided in this section, § 4–126 of this subtitle applies to a public–private partnership agreement entered into in accordance with this section.
This section applies only if the Prince George’s County Board enters into a public–private partnership agreement with a private entity to enhance the delivery of public school construction in Prince George’s County.
Subject to subparagraph (ii) of this paragraph, before entering into a public–private partnership agreement under paragraph (1) of this subsection, the public–private partnership agreement shall be reviewed by the Maryland Stadium Authority and approved by the Interagency Commission on School Construction.
The approval of the Interagency Commission on School Construction may not be unreasonably withheld or delayed as specified in the memorandum of understanding required under § 4–126 of this subtitle.
In fiscal years 2024 and 2025, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
Subject to paragraph (3) of this subsection, in fiscal year 2026 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund established under § 10–658 of the Economic Development Article into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
Paragraph (2) of this subsection applies only if the public–private partnership agreement described under subsection (c) of this section includes:
A minimum of 8 schools that will be improved, constructed, or renovated and operated and maintained under the public–private partnership agreement, including one school for which a structural engineer has identified to the Commission that the school needs a full replacement because of faulty steel; and
A commitment by the Prince George’s County government and the Prince George’s County Board to provide the local share of the total payment.
In fiscal year 2026 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section, the Prince George’s County government and the Prince George’s County Board each shall deposit the payment amount required under the public–private partnership agreement into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
In fiscal year 2025 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section and the Prince George’s County government deposits the payment in the manner described under subsection (d)(3) of this section, the Interagency Commission on School Construction shall pay the Prince George’s County Board from the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle for the payment required under the public–private partnership agreement.
On January 15, 2025, and each January 15 thereafter, the Prince George’s County government, the Prince George’s County Board, the Maryland Stadium Authority, and the Interagency Commission on School Construction jointly shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly on the progress of construction and renovations of public school facilities under the public–private partnership agreement described under subsection (c) of this section, including actions:
Taken during the previous fiscal year; and
Planned for the current fiscal year.
On or before July 1, 2029, the Interagency Commission on School Construction shall complete a 5–year evaluation of the effectiveness of the public–private partnership agreement described under subsection (c) of this section.
On or before December 31, 2029, the Interagency Commission on School Construction shall submit a report on the results of the evaluation required under paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly.
In this section, “Fund” means the Prince George’s County Public–Private Partnership Fund.
There is a Prince George’s County Public–Private Partnership Fund.
The purpose of the Fund is to provide funds to the Prince George’s County Board for the Board to pay a public or private entity for the payment due under the Prince George’s County public–private partnership agreement entered into in accordance with § 4–126.1 of this subtitle.
The Interagency Commission on School Construction shall administer the Fund as described in the four–party memorandum of understanding entered into under § 4–126(e)(3)(ii) of this subtitle.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money deposited into the Fund by Prince George’s County and the Maryland Stadium Authority;
Money deposited into the Fund by the State;
Any investment earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
Except as provided in paragraph (2) of this subsection, the Fund may be used only to provide funding to Prince George’s County for alternative financing methods under § 4–126 of this subtitle in Prince George’s County.
If the Prince George’s County Board receives State funding for an availability payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 of this subtitle may be used only to pay a payment to a private entity under the public–private partnership agreement entered into and approved in accordance with § 4–126.1 of this subtitle.
Any appropriation to the Fund shall be used to supplement, but not supplant, money appropriated to Prince George’s County for public school construction under the Public School Construction Program established in Title 5, Subtitle 3 of this article.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
If a memorandum of understanding is entered into under § 4–126 of this subtitle and State funding is provided for a payment, the Prince George’s County Board and Prince George’s County shall deposit into the Fund the amounts required under the memorandum of understanding.
In this section the following words have the meanings indicated.
“Recyclable materials” means those materials that:
Would otherwise become solid waste for disposal in a refuse disposal system; and
May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
“Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
This section applies only in Prince George’s County.
The Prince George’s County Board of Education shall develop and implement a recycling program for all facilities under the jurisdiction of the county board.
In developing the recycling program under subsection (c) of this section, the county board shall address:
The recyclable materials to be separated;
The strategy for the collection, processing, marketing, and disposition of recyclable materials;
The strategy for the collection, processing, and disposition of the polystyrene trays used in public school cafeterias; and
Methods for promoting and determining compliance with the recycling program.
A county board of education is subject to the requirements relating to employees who return from service in the uniformed services in § 1–203 of the Local Government Article.
The right of an employee of a county board of education to engage in political activity is subject to Title 1, Subtitle 3 of the Local Government Article.
In this section, “student work product” means the work created by an individual while enrolled as a student at a public school in the State.
“Student work product” includes:
Written reports, essays, tests, and homework;
Personal class notes;
Art projects; and
Computer software.
A county board may not claim ownership rights, property rights, or the copyright to the student work product of a student enrolled in a public school under the jurisdiction of the county board.
In this section the following words have the meanings indicated.
“Covered information” means information or material that, alone or in combination with other information or material, is linked or could be linked to a student in a manner that would allow an employee or a student of the student’s school to identify the student with reasonable certainty.
“Covered information” includes a student’s:
Educational records as defined in § 7–1303 of this article;
First and last name;
Home address and geolocation information;
Telephone number;
Electronic mail address or other information that allows physical or online contact;
Test results, grades, and student evaluations;
Special education information;
Criminal records;
Medical records and health records;
Social Security number;
Biometric information;
Socioeconomic information;
Food purchases;
Political and religious affiliations;
Text messages;
Student identifiers;
Search activity;
Photos;
Voice recordings;
Disciplinary information;
Online behavior or usage of applications when linked or linkable to a specific student;
Persistent unique identifiers; and
Confidential information as defined by the Department of Information Technology.
“Operator” means an individual or an entity who engages with institutions under the school official exception of the federal Family Educational Rights and Privacy Act and is operating in accordance with a contract or an agreement with a public school or local school system in the State to provide an Internet website, an online service, an online application, or a mobile application that:
Processes covered information; and
Is used for a PreK–12 school purpose; or
Is issued at the direction of a public school, a teacher, or any other employee of a public school, local school system, or the Department.
“Operator” includes a division of a parent entity if the division:
Serves education clients; and
Does not share covered information with the parent entity.
“Persistent unique identifier” means an identifier that can be used to identify, recognize, track, single out, or make references about a student enrolled in prekindergarten through grade 12, the parent or guardian of the student, and any other student of whom the parent or guardian has custody.
“Persistent unique identifier” includes:
Cookie identifiers;
Customer numbers;
Device identifiers;
Hashed e–mail addresses;
Hashed phone numbers;
Identifiers generated through probabilistic methods;
Mobile ad identifiers;
Unique pseudonyms; and
User aliases.
“PreK–12 school purpose” means an activity that:
Takes place at the direction of a public school, a teacher, an administrator, or a local school system; or
Aids in the administration of public school activities.
“PreK–12 school purpose” includes:
Instruction in the classroom;
Home instruction;
Administrative activities;
Collaboration among students, public school employees, and parents;
Maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application; and
An activity that is for the use and benefit of the public school.
“Targeted advertising” means presenting advertisements to an individual student that are selected based on information obtained or inferred from the student’s covered information.
“Targeted advertising” does not include advertisements presented to an individual student at an online location:
Based on the student’s current visit to the online location if there is no collection or retention of the student’s covered information over time; or
In response to a single search query if there is no collection or retention of the student’s covered information over time.
This section does not apply to a general audience Internet website, general audience online service, general audience online application, or general audience mobile application, even if log–in credentials created for an operator’s site, service, or application may be used to access the general audience site, service, or application.
An operator shall:
Protect covered information from unauthorized access, destruction, use, modification, or disclosure;
Implement and maintain reasonable security procedures and practices to protect covered information; and
If covered information is under the authority of a public school or local school system in accordance with a contract or an agreement, delete within a reasonable time the covered information if the public school or local school system requests deletion of the covered information.
An operator may not knowingly engage in any of the following activities with respect to the operator’s site, service, or application:
Engage in targeted advertising if the advertising is based on information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of the operator’s site, service, or application;
Except in furtherance of a PreK–12 school purpose, use information, including covered information and persistent unique identifiers, created or gathered by the operator’s site, service, or application, to make a profile about a student;
Subject to paragraph (2) of this subsection and except as provided in subsection (f) of this section, sell a student’s information; or
Except as provided in subsection (e) of this section, disclose covered information.
Nothing in this subsection shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.
For purposes of paragraph (1)(ii) of this subsection, making a profile of a student does not include the collection and retention of account information that remains under the authority of a student, a student’s parent or guardian, a public school, or a local school system.
Notwithstanding subsection (d)(1)(iv) of this section, an operator may disclose a student’s covered information:
If the disclosure is made only in furtherance of the PreK–12 school purpose of the site, service, or application and the recipient of the covered information:
Does not further disclose the information; and
Is legally required to comply with subsections (c) and (d)(1) of this section;
To ensure legal or regulatory compliance;
To take precautions against liability;
To respond to or participate in judicial process;
To protect the safety of users or others or the security or integrity of the site, service, or application;
To a service provider, provided the operator contractually:
Prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator;
Except for a purpose expressly permitted under this subsection, prohibits the service provider from disclosing covered information provided by the operator with a third party; and
Requires the service provider to comply with the requirements of subsections (c) and (d)(1)(i) through (iii) of this section;
If subsection (d)(1)(i) through (iii) of this section is not violated;
If federal or State law requires the operator to disclose the information, and the operator complies with the requirements of federal and State law in protecting and disclosing the information;
For a legitimate research purpose as:
Required by federal or State law; or
Allowed by federal or State law and under the direction of a public school, local school system, or the Department, if a student’s covered information is not used for advertising or to make a profile on the student for a purpose other than a PreK–12 school purpose; or
To a State or local education agency, including public schools and local school systems, for a PreK–12 school purpose, as permitted by federal and State law.
If an operator of a site, a service, or an application used for a PreK–12 school purpose is merged with or acquired by another entity, the successor entity is subject to this section for previously collected covered information.
Nothing in this section prohibits an operator from:
Using aggregated or de–identified covered information:
To develop or improve an educational product or service within any site, service, or application the operator owns; or
To demonstrate the effectiveness of the operator’s products or services; or
Sharing aggregated or de–identified covered information for the development or improvement of educational sites, services, or applications.
Except for subsection (d)(1)(iii) of this section and subject to paragraph (2) of this subsection, nothing in subsections (d) and (e) of this section may be construed to prohibit the use or disclosure of a student’s covered information by an operator.
An operator may use or disclose covered information under paragraph (1) of this subsection if the operator:
Provided clear and conspicuous notice of the use or disclosure of the student’s covered information to the student or the student’s parent or guardian; and
Obtained the affirmative consent of the student, if the student is at least 18 years old, or the student’s parent or guardian to use or disclose the student’s covered information.
This section may not be construed to limit the authority of a law enforcement agency to obtain content or information from an operator as authorized by federal or State law or in accordance with an order of a court of competent jurisdiction.
This section does not limit the ability of an operator to:
Use a student’s covered information for adaptive learning or customized student learning purposes;
Use recommendation engines to recommend to a student additional content or services relating to an educational, other learning, or employment opportunity purpose within an operator’s site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party;
Respond to a student’s search query, other request for information, or request for feedback if the information or response is not determined in whole or in part by payment or other consideration from a third party; or
Use or retain covered information to:
Ensure legal or regulatory compliance; or
Take precautions against liability.
This section may not be construed to prohibit an operator of an Internet website, an online service, an online application, or a mobile application from marketing educational products directly to parents if the marketing was not a result of the use of covered information obtained by the operator through the provision of services covered under this section.
This section may not be construed to impose a duty on a provider of an electronic store, a gateway, a marketplace, or any other means of purchasing or downloading software or applications to review or enforce compliance of this section.
This section may not be construed to impose a duty on a provider of an interactive computer service, as defined in Chapter 5, Title 47 of the United States Code, to review or enforce compliance with this section by third–party content providers.
This section may not be construed to impede the ability of students to download, export, transfer, or otherwise save or maintain their own data or documents.
The provisions of this section may not be construed to prohibit an Internet service provider from providing Internet connectivity to public schools, students, or students’ families.
In this section, “food recovery” means the reduction of food waste through the donation of leftover or excess food to a local food bank or any other nonprofit organization.
A county board may develop and implement a food recovery program for schools under the jurisdiction of the county board.
If a county board exercises the authority granted in subsection (b) of this section, the county board may apply for recognition of its food recovery program under any food recovery certification program.
Notwithstanding any other provision of law, a county board shall award credit to a middle school student for any course for which a high school student would be awarded credit if the middle school student meets the same requirements as the high school student.
Each county board shall make a determination of the public schools within the jurisdiction of the county board that should be designated as emergency management shelters.
The determination of the county board shall be based on:
Consistency with local emergency management plans and criteria; and
The availability of funding.
In this section, “appointing authority” means the individual or entity that is responsible for appointing a qualified individual to fill a vacancy of an elected member of a county board.
On request, an appointing authority shall provide a list of the names of the candidates for a vacancy of an elected member of a county board:
To the individual making the request; or
By publication on the website of the appointing authority.
In this section the following words have the meanings indicated.
“Fluency” means reading accuracy and rate.
“Phonemic awareness” means the ability to distinguish, segment, blend, and manipulate phonemes in words.
“Phonics” means the study of letters and letter combinations and the relationship between the sounds that they represent.
“Phonological awareness” means a child’s ability to recognize and manipulate parts of oral language including syllables, onset–rime, and phonemes.
“Screening” means a brief, valid, and reliable measurement procedure used to identify or predict whether a student may be at risk for poor learning outcomes.
“Student” means a student who does not have a current individualized education program or an individualized family service plan with reading goals and:
Is in kindergarten;
Is in first grade and was not screened by the school in kindergarten or demonstrated difficulty mastering grade–level reading in kindergarten; or
Enters or transfers to a public elementary school from an elementary school, unless a determination is made by the county board that the student has already been screened and does not demonstrate difficulty mastering grade–level reading.
“Supplemental Reading Instruction” means evidence–based, sequential, systematic, explicit, and cumulative instruction or intervention to mastery of foundational reading skills including phonological or phonemic awareness and processing, phonics, and vocabulary to support development of decoding, spelling, fluency, and reading comprehension skills to meet grade level curriculum.
Beginning in the 2020–2021 school year, each county board shall ensure that a student is screened to identify if the student is at risk for reading difficulties.
The screening required under this section may not be included in the time limitation for assessments set forth in § 7–203(h) of this article.
A screening may be conducted by:
A classroom teacher;
A school psychologist;
A special education teacher;
A speech–language pathologist;
A reading interventionist;
A designated reading specialist; or
Any other educator trained in screening instruments and protocols.
On registration of a student at a public school, the county board shall provide to the parent or guardian of the student:
A description of the screening and supplemental instruction process in the county; and
Any checklists or forms needed to support the screening protocol.
A county board shall select one or more appropriate screening instruments that:
Accurately and reliably identify students at risk for poor learning outcomes;
Are developmentally appropriate;
Are economical to administer in time and cost; and
Use norm–referenced or criterion–based scores.
The screening instrument shall be based on foundational reading skills that include phonological and phonemic awareness and processing.
Students shall be screened according to the schedule established by the county board.
If the screening results indicate that a student is at risk of reading difficulties, the county board shall:
Provide supplemental reading instruction to address the student’s identified areas of need; and
Provide a notification letter to the parent or guardian of the student that includes:
The screening results; and
A description of the supplemental reading instruction that will be provided to the student.
Each county board shall provide resources on the county board’s website that include:
Reading screening instruments used in the county; and
A checklist of early warning signs of reading difficulty and dyslexia by age.
On or before October 1 each year, beginning with the 2020–2021 school year, each county board shall report to the Department the following information:
The number of students in the county in each grade level;
The number of students screened at each grade level;
The number of students identified through a screening instrument as at risk for reading difficulties in each grade level; and
The number of students identified as at risk for reading difficulties at each grade level who received supplemental reading instruction.
Data reported under paragraph (1) of this subsection shall be:
Disaggregated and searchable at the county board level; and
Updated annually and available on the Department’s website.
On or before June 1, 2020, and once every 4 years thereafter, the Department, in consultation with parents, teachers, and other interested stakeholders, shall develop and update resources for use by a county board.
Resources developed under this subsection shall be available on the Department’s website.
The Department shall provide technical support for the county boards to provide training opportunities annually for individuals who conduct screenings under this section and for school administrators.
Training opportunities may include training on:
The administration and interpretation of screenings, informal diagnostic assessments, progress monitoring instruments, and student data;
Interpreting screenings and assessments for parents;
Best practices for designing and implementing supplemental reading instruction; and
The elements, principles, and best practices of supplemental reading instruction.
The Department shall adopt regulations to implement the requirements of this section.
Each county board shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency.
Reasonable steps to provide equal access to public services under subsection (a) of this section include:
The provision of oral language services for parents and guardians with limited English proficiency, which must be through face–to–face, in–house oral language services if in–person contact is on a weekly or more frequent basis; and
The translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes at least 3% of the overall population within the county as measured by the United States Census.
Before releasing to the public any data received from a county board that the Department has synthesized or compiled, the Department shall send the synthesized or compiled data back to the county board for verification.
The county board shall:
Verify any data for the local school system that will be released to the public; and
Send any school–level data to the appropriate school for verification.
Within 7 business days after data is returned to a school for verification:
A school administrator shall verify any data for the school that will be released to the public; and
The school principal shall certify the school administrator’s verification.
If a school or county board discovers a suspected error during the data verification process, the county board shall verify the data for each school in the county.
The Department shall develop and maintain a secure online platform for school administrators to use in analyzing and verifying data in accordance with subsection (a) of this section.
A school shall notify a county board of any suspected error in data released to the public.
A county board shall notify the Office of Education Accountability within the Department of any suspected error in data for:
The local school system; or
A school in the local school system.
The Office of Education Accountability shall review the data for errors and, if necessary, withdraw the publication to the extent possible.
Before the Department or a county board releases to the public any corrected data that was the subject of a review under subparagraph (i) of this paragraph, the school or county board shall repeat the verification process under subsection (a) of this section.
In this section, “parenting student” means a student who is the mother, father, or legal guardian of a child.
The Department shall develop a model policy to support the educational and parenting goals and improve the educational outcomes of pregnant and parenting students.
The policy established under subsection (b) of this section shall:
Require each high school to designate a private lactation space in the school that:
Includes at least one seating option with a flat surface and electrical outlet nearby to accommodate placement of a breast pump device; and
Is not a bathroom or closet;
Provide lactating students with access to a refrigerator located reasonably close to the private lactation space required under item (1) of this subsection;
Require schools to designate at least one staff member to connect, to the extent practicable, pregnant and parenting students with resources to find safe, affordable, and reliable:
Child care and early childhood education services; and
Transportation services to and from school;
Incorporate the attendance policy for pregnant and parenting students developed under § 7–301.1 of this article;
Provide for training of school personnel on policy objectives and requirements; and
Be published in the school system’s student handbook.
Each county board shall establish a policy to support the educational and parenting goals and improve the educational outcomes of pregnant and parenting students based on the model policy established in subsection (b) of this section.
The Department shall provide technical assistance to a county board to establish the policy required under this subsection.
Nothing in this section shall be construed to require a school to construct an addition or new space to a school building to provide a private lactation space to comply with the requirements of the policy established under this section.
In this section the following words have the meanings indicated.
“Program capacity” means the program capacity set by the Howard County School System’s Policy 6010 or its successor policy.
“Target utilization” means the target utilization set by the Howard County School System’s Policy 6010 or its successor policy.
This section applies only in Howard County.
Beginning in the 2021–2022 school year, the Howard County Board of Education shall submit an annual report to the General Assembly and the Howard County Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the program capacity of each permanent school facility based on the rates for elementary, middle, and high schools set by the county board.
If student enrollment at a permanent school facility is not within 10% of target utilization, the county board shall report to the General Assembly and the Howard County Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, each year the permanent school facility is not within 10% of the target utilization on a plan to adjust student enrollment to meet target utilization.
If student enrollment at a permanent school facility is not within 20% of target utilization, the county board shall implement the processes set out in the Howard County Public School System’s Policy 6010, or its successor policy, to assess the need for a redetermination of the geographic attendance area.
If the outcome of the assessment under subparagraph (i) of this paragraph is not a redetermination of the geographic attendance area, the county board shall submit a report to the General Assembly and the Howard County Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, that includes:
An explanation of the reason a redetermination was not appropriate; and
A plan to adjust student enrollment to meet target utilization.
This section applies only in Montgomery County.
The Montgomery County Board of Education shall adopt a data disaggregation policy that:
Applies to any data collection, reports, or internal documentation by the county board; and
Includes a category for each racial and ethnic group that constitutes at least 5% of the students enrolled in the Montgomery County public school system that is separate from any other category.
The Montgomery County Board of Education shall include the impact on each racial and ethnic group that constitutes at least 5% of the students enrolled in the Montgomery County public school system in any racial disparity comparisons completed by the county board.
It is the policy of the State that each local school system operate its school library media program consistent with the following standards:
The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;
Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and
Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.
Each local school system shall develop and implement a policy and procedures to review objections to materials in the school library media program.
The policy and procedures developed under paragraph (1) of this subsection shall:
Establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel;
Require materials under review due to an objection to remain available for use by students and school personnel until the review process has concluded; and
Establish a reasonable timeline to conduct and conclude the review process in a timely manner.
A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, a certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards described under subsection (a) of this section.
In this section, “telehealth” means a mode of delivering health care services through the use of telecommunications technologies by a health care practitioner to a patient at a different physical location than the health care practitioner.
On or before December 31, 2024, the Department and the Maryland Department of Health, in consultation with the stakeholders described in paragraph (2) of this subsection, jointly shall develop State guidelines for school health services regarding the availability for student participation in telehealth appointments during the school day on the premises of public middle and high schools in the State.
The Department and the Maryland Department of Health shall consult with a broad range of stakeholders in developing the State guidelines under paragraph (1) of this subsection, including:
Local school systems;
Middle and high school principals;
School nurses, other school–based health and behavioral health providers, and other support personnel;
Health care providers of various practice areas;
Parents; and
The Maryland Consortium on Coordinated Community Supports.
In developing the State guidelines under paragraph (1) of this subsection, the Department and the Maryland Department of Health shall consider operational, legal, and financial issues, including:
Equity and prioritization of access;
Student and parental rights and responsibilities, including student privacy, informed consent, parental consent, and communications with parents;
School system rights and responsibilities;
The role and responsibilities of health care providers providing telehealth services, including informed consent, collection of medical history and insurance information, follow–up care, and patient communications;
The role and responsibilities of school nurses and other school–based health, behavioral health, and other support personnel;
The role of the student health plan;
Telehealth services related to a student’s individualized education program or Section 504 plan;
Protocols to provide in–person support if telehealth appointments create a challenge to a student returning to the classroom, especially relating to mental health counseling or treatment;
Protocols for missed instruction due to standing or consistently scheduled appointments;
Operational issues, including coordination of services, approval and verification of appointments, including appointments without parental knowledge or consent, school resource allocation, and the use of treatment space;
School system, parent, and health care provider liability;
Health insurance, including Medicaid;
The feasibility of designating a school building space that:
Is private and safe to allow for confidential conversation between a health care provider and a student;
Has Internet access;
Includes at least one seating option with a flat surface and a nearby electrical outlet to accommodate placement of a laptop device; and
Is not a bathroom or closet; and
Any other issues determined relevant by the Department, the Maryland Department of Health, or a stakeholder.
The State Board shall adopt the State guidelines developed under paragraph (1) of this subsection.
Before the start of the 2025–2026 school year, each county board shall adopt and implement a student telehealth policy in accordance with the State guidelines adopted under subsection (b) of this section.
Each county board shall ensure that the local school system:
Publishes the student telehealth policy in the student handbook; and
Makes school personnel aware of student telehealth policy objectives and requirements.
On request, the Department shall provide technical assistance to a county board to establish the student telehealth policy required under this section.
Nothing in this section shall be construed to:
Require a school to construct an addition or a new space to a school building to provide a private space to comply with the student telehealth policy required under this section; or
Alter the responsibilities of a health care provider regarding the disclosure of medical records under Title 4, Subtitle 3 of the Health – General Article, including the authority to disclose a medical record in the case of an emergency.
In this section the following words have the meanings indicated.
“Member school” means a public school that is a member of the Maryland Public Secondary Schools Athletic Association.
“Zoned high school” means the public high school that a student would be required to attend under the regulations of the county board.
This section applies only in Washington County.
For a student to participate in interscholastic athletics at the high school level under COMAR 13A.06.03.02, the Washington County Board of Education may waive the eligibility requirement that the student be enrolled at and attend a member school if:
The student attends a public school in the county that is not the student’s zoned high school;
The public school the student attends under item (1) of this subsection does not have an interscholastic athletics program; and
The student meets all other eligibility requirements established by the county board and the Maryland Public Secondary Schools Athletic Association.
A student who receives an eligibility waiver under subsection (c) of this section may only participate in interscholastic athletics at the student’s zoned high school.
For purposes of determining the classification of member schools for athletic contests under COMAR 13A.06.03.06, the Washington County Superintendent of Schools shall report to the Maryland Public Secondary Schools Athletic Association as the actual enrollment of the member school:
The actual school enrollment of the member school in grades 9, 10, and 11 as of September 30 of each even–numbered year; plus
The actual number of students authorized to participate in interscholastic athletics at the member school under subsection (c) of this section.
Each public high school shall, in the same manner in which the school informs students of postsecondary educational options, inform students of employment and skills training opportunities available through:
Apprenticeship sponsors registered with the Division of Workforce Development and Adult Learning under § 11–405 of the Labor and Employment Article;
Employers registered with the Maryland Department of Labor or local workforce development boards; and
Schools licensed by the Maryland Higher Education Commission that provide training, retraining, or enhancement in employment skills.
When informing students about opportunities under this section, each public high school shall highlight opportunities in high–skilled careers that do not require completion of a college degree and are in high demand in the State.
Each county board shall assist public high schools in completing the requirements of this section.
This section applies only in Prince George’s County.
In this section the following words have the meanings indicated.
“Family child care provider” has the meaning stated in § 9.5–301 of this article.
“Program” means the Prince George’s County Family Child Care Home Expansion Grant Program.
There is a Prince George’s County Family Child Care Home Expansion Grant Program.
The purpose of the Program is to increase the number of registered family child care providers, registered family child care homes, and registered large family child care homes in low–income communities in Prince George’s County.
The Prince George’s County public school system shall administer the Program.
To carry out the Program, the local school system shall award grants to nonprofit organizations in the county to provide training and financial assistance to individuals intending to become family child care providers that operate family child care homes and large family child care homes in low–income communities.
To be eligible for a grant under this section, an applicant shall demonstrate in an application process developed by the local school system that the applicant:
Is a nonprofit organization with experience in providing child care support services to individuals, which includes offering training and technical assistance to become a registered family child care provider; and
Will provide child care support services to individuals who:
Intend on becoming registered family child care providers that will operate registered family child care homes or registered large family child care homes;
Live in a low–income community in the county, as determined by the local school system;
Have a gross household income that does not exceed 50% of the statewide median income for a household of like size; and
Own or rent as their primary residence the dwelling that will be used as the family child care home or large family child care home.
A grant awarded under this section may be used to offer services to individuals described under subsection (d)(2)(ii) of this section by:
Providing multilingual outreach and translation services to recruit and train individuals to become registered family child care providers;
Providing technical assistance and start–up assistance for recruited individuals as they navigate the Department’s process to become a registered family child care provider, which includes assistance in meeting building code requirements and inspection expenses to establish registered family child care homes and registered large family child care homes;
Assisting newly registered and established family child care providers through technical assistance to achieve quality benchmarks; and
Assisting individuals with obtaining background checks to become registered family child care providers.
In this section the following words have the meanings indicated.
“High school sports official” means an official, an umpire, a referee, or a judge who presides over a sporting event to guarantee that the rules of the event are enforced.
“High school sports officiating role” means an officiating assignment for a high school sports official that requires performance of a defined set of high school sports officiating services.
“High school sports officiating services” means the services provided by a high school sports official when overseeing a high school sport.
On or before September 1, 2025, the Department, in consultation with the Maryland Public Secondary Schools Athletic Association, shall develop a list of similar high school sports for boys and girls.
In categorizing boys’ and girls’ sports as similar, the Department shall consider whether each sport:
Occurs in the same season;
Has comparable rules;
Requires a similar number of high school sports officials;
Requires similar high school sports officiating services; and
Features competition of comparable lengths of time.
The Department, in consultation with the Maryland Public Secondary Schools Athletic Association, shall update the list every 3 years.
This subsection applies to a high school sports official who:
Is an employee of the local school system; or
Is employed by an independent contractor or officiating association or organization, with which the county board contracts.
A county board shall ensure that high school sports officials receive the same pay if the officials:
Are in similar high school sports officiating roles; and
Are providing officiating services for sports categorized as similar under subsection (b) of this section.
A county board shall reject a bid or proposal for a procurement contract that would result in different pay or fees for high school sports officials in a similar high school sports officiating role for sports categorized as similar under subsection (b) of this section.
When soliciting invitations for a bid or a request for a proposal for high school sports officiating services, a county board shall solicit bids or requests for a proposal for each sport within a reasonable time of the solicitation of bids or requests for proposals for all sports categorized as similar under subsection (b) of this section.
This section may only be construed to require parity between high school sports officials performing similar roles in similar sports within a county and may not be construed to require parity in high school sports officials between counties.
This section may not be construed to have any effect on the grouping of sports together for any purpose other than the payment of high school sports officials or fees assigned to contracts for high school sports officials.
This section may not be construed to prohibit fees outside of a procurement contract as a bonus to high school sports officials.
Each local school system shall:
Designate a local point of contact for all cybersecurity–related communications; and
Notify the State Chief Information Security Officer of:
The designation; and
Any subsequent update to the designation.
Beginning in 2027, each local school system shall:
Comply with the State minimum cybersecurity standards established by the Department of Information Technology; and
Conduct a cybersecurity maturity assessment every 2 years.
On or before June 30, 2027, and each June 30 every 2 years thereafter, each local school system shall certify to the Office of Security Management within the Department of Information Technology compliance with the State minimum cybersecurity standards established by the Department of Information Technology.
In this section, “response policy” means a sexual abuse and misconduct response policy.
The Department shall develop a model sexual abuse and misconduct response policy for use by local school systems to respond to school–related allegations of sexual abuse and sexual misconduct.
The model response policy developed under paragraph (1) of this subsection shall, at minimum, include the following components:
A communications plan;
An e–mail and other electronic communication documents retention policy;
A requirement to link to a centralized resource platform; and
An after–action review plan.
The model response policy may not impede or compromise the ability of a school, a school system, a law enforcement agency, or a prosecutor to conduct a thorough and unbiased investigation into an allegation of sexual abuse or sexual misconduct.
The components of the model response policy developed under subsection (b) of this section shall include the information required under this subsection and be developed in collaboration with State and local governmental entities, community stakeholders, and any other relevant entities determined by the Department.
The communications plan shall include best practices for providing timely, relevant, and appropriate information through notification and responses to parents of affected students and community stakeholders and local school system contact information.
The e–mail and other electronic communication documents retention policy shall include requirements for the retention and maintenance of a local school system’s e–mails and other electronic communication documents for a minimum of 1 year.
A centralized, statewide resource platform, developed in accordance with the model response policy, shall include information and provide links to resources regarding child sexual abuse and sexual misconduct in a school environment.
An after–action review plan, developed in accordance with the model response policy, shall require a local school system to conduct a structured, collaborative debriefing process to identify, assess, evaluate, and resolve any issue with any action taken by an entity involved in a school–related case of sexual abuse and sexual misconduct to improve future performance.
On or before September 1, 2027, each local school system shall adopt a response policy based on the model policy developed by the Department under subsection (b) of this section.
Each local school system shall post in a conspicuous place on its website a link to the centralized resource platform developed under subsection (c) of this section.
Each local school system’s response policy may not impede or compromise the ability of a school, the local school system, a law enforcement agency, or a prosecutor to conduct a thorough and unbiased investigation into an allegation of sexual abuse or sexual misconduct.
In this section, “public school system contract” means any agreement entered into by a public school system.
This section does not apply to collective bargaining agreements entered into under:
Title 6, Subtitles 4 and 5 of this article;
Title 9.5, Subtitle 7 of this article; or
Title 22 of the State Government Article.
Except as required by State or federal law, a public school system contract may not include a provision that:
Requires the public school system to indemnify, defend, or hold harmless another person without an appropriation of funds for that purpose;
Requires the public school system to agree to binding arbitration or any other binding extrajudicial dispute resolution process;
Names a jurisdiction or venue for any action or dispute against the public school system other than a court of proper jurisdiction in the State;
Requires the public school system to agree to limit the liability for any direct loss to the public school system for bodily injury, death, or damage to property of the public school system caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person’s employees or agents or a provision that would otherwise impose an indemnification obligation on the public school system;
Requires the public school system to be bound by a term or condition that:
Is unknown to the public school system at the time of signing a contract;
May be unilaterally changed by the other party; or
Is electronically accepted by a public school system employee without authority;
Restricts a public school system’s discretion to select the appropriate legal counsel to represent its interests;
Is inconsistent with the public school system’s obligations under Title 3 or Title 4 of the General Provisions Article;
Creates a deficiency, incurs a liability, or spends money in excess of the appropriation, or binds a public school system to pay an amount unless funds have been appropriated for that purpose;
Requires automatic renewal of the contract and obligates the public school system to allocate funding in subsequent fiscal years; or
Limits the public school system’s ability to recover a difference in the cost of a replacement contractor to perform the services not performed by the original contractor.
If a public school system contract contains a provision listed under subsection (c) of this section, the provision is void ab initio and the contract containing that provision shall be enforceable as if it did not contain the provision.
A public school system contract that contains a provision listed under subsection (c) of this section shall be governed by and construed in accordance with State law, notwithstanding any term or condition to the contrary in the contract.
This section applies only in Montgomery County.
In this section the following words have the meanings indicated.
“Certified Chesapeake invasive species provider” has the meaning stated in § 14–701 of the State Finance and Procurement Article.
“Certified local farm” has the meaning stated in § 14–701 of the State Finance and Procurement Article.
On or before September 1, 2027, the Montgomery County public school system shall:
Identify the dollar amounts of food procured for school meals in the 2026–2027 school year from certified local farms and certified Chesapeake invasive species providers; and
Publish that data on the school system’s website.
The Montgomery County public school system shall set target increases for the dollar amount of food procured from certified local farms and certified Chesapeake invasive species providers for the 2028–2029, 2030–2031, 2031–2032, 2033–2034, and 2036–2037 school years using the data identified under subsection (c) of this section as a baseline.
The school system, in coordination with the Office of Food Systems Resilience and public input, shall establish a plan to meet the target increases established under paragraph (1) of this subsection.
This section does not apply to Baltimore City.
Subsections (b), (c), (d), and (f) of this section do not apply in Prince George’s County.
The term of a county superintendent is 4 years beginning on July 1. A county superintendent continues to serve until a successor is appointed and qualifies.
By February 1 of the year in which a term ends, the county superintendent shall notify the county board whether the superintendent is a candidate for reappointment.
In the year in which a term begins, the county board shall appoint a county superintendent between February 1 and June 30. However, if the county board decides to reappoint the incumbent superintendent, the county board shall take final action at a public meeting no later than March 1 of that year.
If a county board is unable to appoint a county superintendent by July 1 of a year in which a term begins, the provisions of subsection (d) of this section apply.
An individual may not be appointed as county superintendent unless the individual:
Is eligible to be issued a certificate for the office by the State Superintendent;
Has graduated from an accredited college or university; and
Has completed 2 years of graduate work at an accredited college or university, including public school administration, supervision, and methods of teaching.
The appointment of a county superintendent is not valid unless approved in writing by the State Superintendent.
If the State Superintendent disapproves an appointment, the State Superintendent shall give the reasons for disapproval in writing to the county board.
If a vacancy occurs in the office of county superintendent, the county board shall appoint an interim county superintendent who serves until July 1 after the interim county superintendent’s appointment.
Subject to the provisions of this subsection, the State Superintendent or a county board may remove a county superintendent for:
Immorality;
Misconduct in office;
Insubordination;
Incompetency; or
Willful neglect of duty.
The State Superintendent may remove a county superintendent under this subsection if the State Superintendent provides the county superintendent with:
The reason for removal, chosen from one or more of the items in paragraph (1) of this subsection;
Documentation supporting the case for removal; and
The opportunity to request a hearing within 10 days before the State Superintendent in accordance with this subsection.
The county superintendent may appeal the decision of the State Superintendent to the State Board.
If the county superintendent requests a hearing before the State Superintendent within the 10–day period:
The State Superintendent promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Superintendent sends the county superintendent a notice of the hearing; and
The county superintendent shall have an opportunity to be heard publicly before the State Superintendent in the county superintendent’s own defense, in person or by counsel.
A county board may remove a county superintendent under this subsection if the county board provides the county superintendent with:
The reason for removal, chosen from one or more of the items in paragraph (1) of this subsection;
Documentation supporting the case for removal; and
The opportunity to request a hearing within 10 days before the county board in accordance with this subsection.
The county superintendent may appeal the decision of the county board to the State Board.
On notification of pending criminal charges against a county superintendent as provided under § 4–206 of this subtitle, the county board may suspend the county superintendent with pay until the final disposition of the criminal charges.
This section applies only in Prince George’s County.
Subject to the provisions of subsection (e) of this section, the County Superintendent of the Prince George’s County public school system shall be:
Selected by the County Executive in accordance with subsection (c) of this section; and
Appointed by the county board after agreement on contract terms negotiated by the chair of the county board.
The County Executive shall select a County Superintendent from a list of three nominees recommended by a search committee that is composed of:
One member of the State Board, appointed by the State Superintendent; and
Two residents of Prince George’s County, appointed by the Governor.
The search committee shall be chaired by a member selected by the State Superintendent.
The term of the County Superintendent is 4 years beginning on July 1.
The County Superintendent continues to serve until a successor is appointed and qualifies.
By February 1 of the year in which a term ends, the County Superintendent shall notify the County Executive and the county board if the County Superintendent is a candidate for reappointment.
In the year a term begins, the County Executive shall select a County Superintendent between February 1 and June 1, and the county board shall complete the appointment on or before June 30.
If the County Executive decides to select the incumbent County Superintendent, the county board shall complete the reappointment no later than March 1 of that year.
If the county board is unable to appoint a County Superintendent by July 1 of the year a term begins, the provisions of subsection (f) of this section apply.
An individual may not be appointed as County Superintendent unless the individual:
Is eligible to be issued a certificate for the office by the State Superintendent;
Has graduated from an accredited college or university; and
Has completed 2 years of graduate work at an accredited college or university, including public school administration, supervision, and methods of teaching.
The appointment of the County Superintendent is not valid unless approved in writing by the State Superintendent.
If the State Superintendent disapproves an appointment, the State Superintendent shall give the reasons for disapproval in writing to the county board and the County Executive.
If a vacancy occurs in the office of County Superintendent, the County Executive shall select and the county board shall appoint an interim County Superintendent to serve until July 1 after the appointment.
On notification of pending criminal charges against the County Superintendent as provided under § 4–206 of this subtitle, the county board may suspend the County Superintendent with pay until the final disposition of the criminal charges.
Each county superintendent is entitled to the compensation set by the county board.
The salary of a county superintendent may not be decreased during the superintendent’s term of office.
Each county superintendent shall devote full time to public school business.
In Anne Arundel County, the county board may not pay monetary compensation to the county superintendent for sick leave benefits earned while employed by any other board of education or public school system but may allow the county superintendent to use the sick leave in the same manner as sick leave accrued while employed by the county.
Each county board shall provide the office of the county superintendent with adequate quarters and clerical equipment.
The county superintendent and the superintendent’s professional assistants shall be provided with the transportation necessary for the effective and efficient performance of their official duties.
The county superintendent and the superintendent’s professional assistants are entitled to reimbursement for travel and other expenses.
These expenses may not be included in or counted as a part of their annual salary.
Acting under the rules and regulations of the county board, the county superintendent is responsible for the administration of the superintendent’s office.
As the executive officer of the county board, the county superintendent shall see that the following are carried out:
The laws relating to the schools;
The applicable enacted and published bylaws of the State Board;
The policies of the State Board;
The rules and regulations of the county board; and
The policies of the county board.
In addition to the other powers granted and duties imposed under this article, the county superintendent has the powers and duties set forth in this section.
The county superintendent may administer oaths to witnesses in all appeals or cases that come before the county board.
Subject to the authority of the State Board under § 2–205(e) of this article, each county superintendent shall explain the true intent and meaning of:
The school law; and
The applicable bylaws of the State Board.
Subject to the provisions of § 6–203 and Title 6, Subtitle 4 of this article and without charge to the parties concerned, each county superintendent shall decide all controversies and disputes that involve:
The rules and regulations of the county board; and
The proper administration of the county public school system.
A decision of a county superintendent may be appealed to the county board if taken in writing within 30 days after the decision of the county superintendent. The decision may be further appealed to the State Board if taken in writing within 30 days after the decision of the county board.
A contract made by a county board is not valid without the written approval of the county superintendent.
Acting as the executive officer of the county board, the county superintendent shall:
Conduct all correspondence;
Receive all reports from principals and teachers; and
See that all reports are made and submitted properly.
The county superintendent shall prepare and submit to the county board for adoption:
All reports required of the county board by the State Board or the State Superintendent; and
The annual report to the people of the county required by § 5–111(b) of this article.
The county superintendent:
Shall advise teachers as to their further study and professional improvement;
Shall develop a program of in–service training for all public school personnel; and
May require attendance at an institution of higher education for future certification and professional improvement instead of in–service training.
The county superintendent and the superintendent’s professional assistants shall:
Visit the schools;
Observe their management and instruction;
Give suggestions for their improvement;
Consult with and advise principals and teachers; and
Try in every way to awaken public interest and improve educational conditions in the county.
In accordance with the applicable rules and regulations of the State Board, the county superintendent periodically shall:
Evaluate the program of instruction in the public schools of the county; and
Report the superintendent’s findings and recommendations to the county board.
The county superintendent shall prepare and recommend for adoption by the county board:
Curriculum guides;
Courses of study;
Resource material; and
Other teaching aids.
The county superintendent shall prepare lists of the following items needed by the schools:
Textbooks;
Supplementary readers;
Materials of instruction;
Visual and auditory aids;
Stationery and school supplies; and
School furniture, equipment, and apparatus.
The county superintendent shall recommend the purchase and distribution of these items by the county board.
The county superintendent shall:
Take the initiative in the preparation and presentation of the annual school budget; and
Seek in every way to secure adequate funds from local authorities for the support and development of the public schools in the county.
The county superintendent shall recommend to the county board:
Condemnation of any school building that is unsanitary and unfit for use; and
Any repairs of or the purchase and sale of land, school sites, or buildings.
Subject to the provisions of § 2–303(f) of this article that relate to approval by the State Superintendent, the county superintendent shall prepare all plans and specifications for remodeling an old building or constructing a new building.
The county superintendent shall recommend to traffic safety officials of the State Highway Administration or of the county appropriate locations for posting flashing caution signs at or near the site of:
A school;
School construction; or
School condemnation.
The county superintendent shall provide the clerical help that is needed to issue work permits in accordance with § 3–206 of the Labor and Employment Article.
A county superintendent shall immediately notify the county board in writing of any criminal charges that are punishable by a period of incarceration brought against the county superintendent.
The notification required under subsection (a) of this section shall include a copy of all charging documents served on the county superintendent or the county superintendent’s counsel.
Any county superintendent who violates subsections (a) and (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 and revocation of any professional certification issued by the Department.
In this subtitle the following words have the meanings indicated.
“Board” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.
“Bonds” means revenue bonds, refunding bonds, certificates, notes, demand notes, commercial paper, other evidence of indebtedness, and, where applicable, bond anticipation notes.
“Chief Executive Officer” means the Chief Executive Officer of the Baltimore City Board of School Commissioners.
“Costs” as applied to any project means all costs of the project, including:
The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, and renovation;
The cost of acquisition of all land, rights–of–way, property rights, easements, and interests acquired by the board;
Finance charges and interest prior to and during construction and for 1 year after completion of construction;
The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project;
Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and
Administrative expenses and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation.
“Project” means the acquisition, construction, reconstruction, equipping, maintenance, repair, or renovation of any public school facility.
“Public school facility” means a building, parking facility, athletic facility, testing facility, or other facility in the City of Baltimore, now existing or hereafter acquired or constructed, that is used by the board in relation to the education of students in the Baltimore City Public School System.
Subject to the applicable provisions of this article, the Mayor and City Council of Baltimore City shall establish and maintain a system of free public schools in Baltimore City.
In order to establish a new partnership between the City of Baltimore and the State to improve the quality of public education in Baltimore City and to encourage more efficient use of the resources of the State and Baltimore City, the Baltimore City Board of School Commissioners is established in accordance with the provisions of this subtitle.
The purpose of the board is to:
Raise the level of academic achievement of the students in the Baltimore City Public School System; and
Improve the management and administration of the public school system in Baltimore City.
The board shall be held accountable for the academic achievement of the public school students in Baltimore City.
The board shall have the authority and be responsible for all functions relating to the Baltimore City Public School System.
Notwithstanding any provision of local law governing the Baltimore City Public School System, the board may adopt rules and regulations and prescribe policies and procedures for the management, maintenance, operation, and control of the Baltimore City Public School System.
The board shall assume responsibility for all of the functions formerly performed by the Superintendent of Public Instruction of Baltimore City and the Board of School Commissioners of Baltimore City.
The board may not be deemed an agency of the State.
There is a Chief Executive Officer of the board.
The Chief Executive Officer shall:
Be responsible for the overall administration of the Baltimore City Public School System;
Report directly to the board;
Be a member of the cabinet of the Mayor; and
Designate individuals with primary responsibility for each of the following functions:
Management and administration of the Baltimore City Public School System;
Assessment and accountability of the academic performance of the students in the Baltimore City Public School System;
Provision of services to students with disabilities in accordance with federal and State law;
Development and implementation of initiatives for educational reform; and
Professional hiring and development.
Notwithstanding the provisions of subsection (b)(4) of this section, the Chief Executive Officer and the board shall be held accountable for the delegated functions.
The board shall employ the Chief Executive Officer and establish the salary of the Chief Executive Officer at an amount commensurate with the credentials, experience, and prior positions of responsibility of the Chief Executive Officer.
The employment contract of the Chief Executive Officer shall provide, at a minimum, that continued employment is contingent on demonstrable improvement in the academic performance of the students in the Baltimore City Public School System and the successful management of the Baltimore City public schools.
The initial contract and any renewal may not exceed 4 years.
There is a Chief Academic Officer in the Baltimore City Public School System who shall:
Be responsible for the development and implementation of the curriculum taught and the instruction provided in the Baltimore City Public School System; and
Report directly to the Chief Executive Officer.
The Chief Executive Officer shall, subject to the approval of the board:
Select the Chief Academic Officer; and
Establish the salary of the Chief Academic Officer.
The employment contract of the Chief Academic Officer shall provide, at a minimum, that continued employment is contingent on demonstrable improvement in the academic performance of the students in the Baltimore City Public School System.
The Chief Academic Officer is not a public officer under the Constitution or the laws of the State.
There is a Chief Financial Officer in the Baltimore City Public School System who shall:
Be responsible for the day–to–day management and oversight of the fiscal affairs of the Baltimore City Public School System; and
Report directly to the Chief Executive Officer.
The Chief Executive Officer shall, subject to the approval of the board:
Select the Chief Financial Officer; and
Establish the salary of the Chief Financial Officer.
The employment contract of the Chief Financial Officer shall provide that continued employment is contingent on the effective fiscal management of the Baltimore City public schools.
The Chief Financial Officer is not a public officer under the Constitution or the laws of the State.
In order to provide public school facilities, the board may:
Directly or through the Maryland Stadium Authority acting as its designated agent, acquire, construct, reconstruct, equip, maintain, repair, or renovate facilities at any location in the City of Baltimore, now existing or hereafter acquired and enter into contracts with public or private entities in order to accomplish the acquisition, construction, reconstruction, equipping, maintenance, repair, or renovation;
Issue bonds in accordance with § 4–306.2 of this subtitle;
In accordance with State law and the June 24, 1998, memorandum of understanding between the board and the Mayor and City Council of Baltimore, acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this subtitle;
Enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this subtitle, employ consulting engineers, architects, attorneys, construction and financial experts, and other employees and agents, and determine their compensation;
Receive and accept from the United States of America or any agency of the federal government grants and loans for the purpose of financing or refinancing all or any part of the costs of any project;
Receive and accept aid or contributions from any sources of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which the grants and contributions were made; and
Perform all acts and things necessary to carry out the powers expressly granted by the provisions of this subtitle.
The board shall maintain records identifying the sources and amounts of payments used to support the costs of any project authorized under the provisions of this subtitle.
The board may issue bonds for the purpose of financing or refinancing all or any part of the costs of any project.
Except as provided in paragraph (2) of this subsection, the aggregate principal amount of bonds outstanding, including the amount of any reserve fund requirement established for the bonds, may not exceed, as of the date that the bonds are issued, $200,000,000.
The aggregate principal amount of bonds outstanding does not include:
Qualified School Construction Bonds as defined in § 54F of the Internal Revenue Code; or
Any bonds issued by or contracts entered into in connection with bonds issued by any other person or entity, including the Maryland Stadium Authority to finance construction or renovation of public schools.
Bonds shall be authorized by a resolution of the board and may be secured by a trust agreement by and between the board and a corporate trustee or trustees which may be any trust company or bank having the powers of a trust company within or outside the State.
Before the board may issue a bond under this section, the Mayor and City Council of Baltimore shall pass a resolution approving the board’s issuance of the bond and shall forward that resolution to the board.
The resolution of the board authorizing the bonds:
Shall describe the projects which are to be financed or refinanced by the bond;
Shall state the maximum principal amount of the bond;
Shall describe the sources of payment of the bonds;
Shall provide that the proceeds of the bonds shall be invested in accordance with any investment policy approved by the board; and
May provide that the bonds are redeemable before maturity at a price or prices and under terms and conditions or in accordance with a method determined by the board.
The resolution of the board or the trust agreement relating to the bonds may contain provisions that:
Limit the purpose to which the proceeds of any issue of bonds may be applied and restrict the investment of revenues or bond proceeds in government obligations for which principal and interest are unconditionally guaranteed by the United States of America;
Provide for the issuance of additional bonds to finance or refinance any projects, which may not exceed the total value of the outstanding bonds allowed under subsection (b) of this section;
Assign all or any part of the board’s funds or assets;
Protect and enforce the rights and remedies of the bondholders that are reasonable and proper and not in violation of the law, including covenants that shall include:
The duties of the board in relation to the project;
The duties of the board in relation to its funds;
The custody, safeguarding, and application of all money; and
The rights and remedies of bondholders and trustees, and may restrict the individual right of action by bondholders; and
The board deems reasonable and proper for the security of the bondholders, including covenants pertaining to the issuance of additional parity bonds upon stated conditions.
The bonds shall:
Be dated and bear interest at the fixed or variable rate or rates determined by the method provided in the resolution of the board authorizing the issuance of the bonds;
Mature at a time or times not exceeding the useful life of the projects for which the bonds are issued, but in no event shall the maturity of the bonds exceed 30 years from their date or dates of issue, as may be determined by the board;
Be issued at, above, or below par value, for cash or other valuable consideration;
Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution of the board may provide;
Bear the manual or facsimile signature of the Chief Executive Officer or one of the other members of the board. In case any officer whose manual or facsimile signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile of the former officer is valid and sufficient for all purposes as if the officer had remained in office until delivery;
Bear the official seal of the board or a facsimile of the seal affixed to the bonds and attested by the manual or facsimile signature of the secretary of the board;
Be payable in lawful money of the United States of America at a designated place;
Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution of the board provides; and
Be sold in the manner and upon the terms determined by the board including private or negotiated sale.
All bonds issued under the provisions of this subtitle shall have all the qualities and incidents of negotiable instruments under the laws of the State relating to negotiable instruments.
Prior to the preparation of definitive bonds, the board, under like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds are executed and available for delivery.
Bonds may be issued under the provisions of this subtitle:
Without obtaining the consent of any department, division, commission, board, bureau, or agency of the State; or
Without any other proceedings or the occurrence of any other conditions other than those proceedings or conditions that are required specifically by provisions of this subtitle.
The provisions of Title 8, Subtitle 2 of the State Finance and Procurement Article do not apply to bonds issued under the provisions of this subtitle.
The board shall establish one or more trust funds for the deposit of the proceeds of the bonds of any issue.
The board may:
Maintain separate accounts for purposes of identifying the sources of payment of the bonds for the acquisition, development, or improvement of public school facilities; and
Retain the interest revenue or other investment income from the bonds of any issue for the purposes of applying the revenue or income to the costs of acquiring, constructing, reconstructing, renovating, equipping, maintaining, or repairing school facilities.
Any bond issued under this subtitle shall state on its face that the bond does not create or constitute any indebtedness or obligation of the State, of the Mayor and City Council of Baltimore, or of any other political subdivision of the State, except the Baltimore City Board of School Commissioners.
The bonds do not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
The bonds of any issue shall be payable from and secured solely by:
All or any part of the fees or revenues generated by an activity of the board to the extent lawfully available for such purpose;
The proceeds of the bonds and investment earnings thereon;
Any grant or gift received by the board to the extent lawfully available for such purpose;
Reserves or other funds established for the bonds under the resolution or trust agreement;
Any money which may lawfully be applied to the payment of the bonds, including without limitation any appropriation by the State or Baltimore City made lawfully available for such purpose; or
Any source of funds to which the board has access to the extent lawfully available for such purpose.
Prior to and during construction and for 1 year after completion of construction of any public school facility for which bonds have been issued, the interest on the bonds may be paid out of the proceeds of the bonds or out of other money allocated for that purpose.
The board may provide, from time to time, for the issuance and sale of bond anticipation notes in accordance with the procedures set forth in Title 19, Subtitle 2, Part III of the Local Government Article for the issuance of bonds.
Except where the provisions of this subtitle would be inapplicable to bond anticipation notes, the term “bonds” used in this subtitle shall include bond anticipation notes, including the provisions pertaining to the exemption from taxation by the State and its political subdivisions.
In connection with the issuance of any bonds, the board may:
Obtain or enter into agreements and contracts for bond insurance, reserve fund insurance, a letter of credit, a line of credit, or any form of additional, substitute, or replacement security for any bonds; and
Pledge or assign all or any part of the funds of the board to the repayment or reimbursement of the provider of the bond insurance, reserve fund insurance, letter of credit, line of credit, or other form of additional, substitute, or replacement security.
Any of the agreements and contracts may contain the covenants, terms, and conditions as may be contained in any trust agreement for any bonds.
Any bank or trust company incorporated under the laws of the State that acts as a depository of the proceeds of the bonds may furnish indemnifying bonds or pledge securities as required by the board.
The resolution providing for the issuance of bonds is a trust agreement if it so stipulates.
All expenses incurred in carrying out the provisions of any trust agreement or any resolution may be treated as a part of the cost of the operations of the board.
Upon the issuance of bonds, the State Comptroller shall withhold from any installment due the board from the general State school fund money for deposit to the credit of a sinking fund maintained to pay the principal and interest on the bonds. Such money shall be withheld until the bonds are no longer outstanding and unpaid and shall be withheld in installments. The amount of each installment shall be determined at the time the bonds are issued and shall be provided in writing by the board to the State Comptroller, provided that the frequency and amount of such installments shall allow for the timely payment of the principal and interest on the bonds.
The exercise of the powers granted by the provisions of this subtitle shall be for the benefit of the students who attend the public schools under the board and for the improvement of their education, prosperity, health, living conditions, and general welfare.
The board shall not be required to pay any taxes or assessments of any kind whatsoever and its bonds, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by the State or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
The bonds are investment securities.
The title to any property acquired or constructed under the provisions of this subtitle shall be held in accordance with State law.
The provisions of this subtitle, being necessary for the welfare of the City of Baltimore and its inhabitants, shall be liberally construed to effect the purposes of the provisions.
The provisions of this subtitle are severable, and if any of the provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court may not affect or impair any of the remaining provisions.
There is a Research and Evaluation Unit in the Baltimore City Public School System.
Subject to the approval of the board, the Chief Executive Officer shall appoint the Director of the Unit.
The Director of the Unit shall report directly to the Chief Executive Officer and shall be held accountable for the effective and efficient management of the Unit.
The Director of the Unit is not a public officer under the Constitution or the laws of the State.
The Unit shall perform ongoing research and evaluation regarding systemic reform and student achievement.
There is a Parent and Community Advisory Board in the Baltimore City Public School System.
The Advisory Board consists of 14 members, a majority of whom shall be parents of students enrolled in the Baltimore City public schools.
The plaintiffs (parents of students with disabilities) in Vaughn G., et al v. Mayor and City Council, et al case no. MJG–84–1911, United States District Court for the District of Maryland shall appoint three members of the Advisory Board.
The plaintiffs (parents of students in general education) in Bradford, et al v. Maryland State Board of Education, et al, case no. 94340058/CE189672, Circuit Court for Baltimore City shall appoint two members of the Advisory Board.
Subject to the approval of the board, the Chief Executive Officer shall appoint seven members of the Advisory Board as follows:
Three shall be appointed from a list submitted by the Baltimore City Council of Parent–Teacher Associations;
Two shall be appointed from a list submitted by area–based parent networks; and
Two shall be appointed from a list submitted by the Title I liaisons.
The Chief Executive Officer shall appoint two members of the Advisory Board from other parent and community groups in Baltimore City.
If one of the groups specified in paragraph (3)(iii) of this subsection fails to submit a list with a sufficient number of nominees to fill a position, the board shall appoint an individual from other parent and community groups in Baltimore City.
The board and the Chief Executive Officer shall:
Regularly consult with the Advisory Board;
Ensure parental involvement in the development and implementation of the education policies and procedures in the Baltimore City Public School System; and
Ensure increased community involvement and outreach in support of the public schools in the city.
The Chief Executive Officer shall meet with the Parent and Community Advisory Board on at least a quarterly basis.
Each member serves for a term of 2 years.
A member may not serve for more than two consecutive terms.
A member whose term has expired shall remain in office until a successor is appointed.
Notwithstanding any provision of local law, the board shall adopt rules and regulations governing the procurement of goods and services by the Baltimore City Public School System in accordance with § 5–112 of this article.
The board shall adopt the Minority Business Enterprise and Women Business Enterprise goals of Baltimore City relating to procurement.
Notwithstanding any provision of local law, the board shall establish a personnel system governing certificated and noncertificated employees, including a performance–based system–wide personnel evaluation system for teachers, principals, and administrators.
To carry out the requirements of this section, the board may:
Establish and abolish positions;
Determine employee qualifications;
Establish terms of employment, including compensation, benefits, holiday schedules, and leave policies; and
Determine any other matters concerning employees.
The personnel system shall provide fair and equitable procedures for:
The redress of employee grievances; and
The hiring, promotion, and termination of employees in accordance with law.
The board shall enter into collective bargaining agreements with the appropriate employee organizations as provided under Title 6, Subtitles 4 and 5 of this article.
The geographical boundary of the Baltimore City School System is the same as the geographical boundary of Baltimore City.
The Mayor and City Council of Baltimore City may levy and collect taxes on the assessable property in Baltimore City necessary to pay all the expenses they incur for educational purposes.
These taxes shall be levied and collected as are other taxes.
The Mayor and City Council of Baltimore City may adopt ordinances:
For the protection of public school buildings and other school property; and
To punish any person who disturbs the sessions of the public schools.
Notwithstanding any provision of local law and subject to the applicable provisions of this article, the Baltimore City Board of School Commissioners may:
Examine, appoint, and remove teachers;
Set teacher qualifications;
Set teacher salaries; and
Select textbooks for the public schools in Baltimore City, except that the textbooks may not contain anything of a sectarian or partisan character.
The Baltimore City Board of School Commissioners shall report annually to the State Board on the condition of the schools under its jurisdiction.
The report shall include a statement of:
Expenditures;
The number of children taught; and
Any other statistical information the State Board requires.
After a study has been completed to determine whether to close a public school in Baltimore City, the Chief Executive Officer shall inform the Mayor of Baltimore City and the members of the General Assembly who represent Baltimore City regarding the completed study at the same time that the study is submitted to the Baltimore City Board of School Commissioners.
In this section, “Baltimore City school police officer” means any person who, when acting in an official capacity, is authorized by law to make arrests and who is a member of the Baltimore City School Police Force.
There is a Baltimore City School Police Force.
The members of the Baltimore City School Police Force shall be employees of and be appointed by the Baltimore City Board of School Commissioners.
Except as provided in paragraph (3) of this subsection, a Baltimore City school police officer has all the powers of a law enforcement officer in the State.
A Baltimore City school police officer may act in an official capacity only on the premises of schools and any other property used for educational purposes owned, leased, or operated by, or under the control of the Baltimore City Board of School Commissioners.
A Baltimore City school police officer may not act in an official capacity on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Requested or authorized to do so by the Police Commissioner of Baltimore City;
The exercise of power is necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Baltimore City School System; or
Ordered to do so by the Mayor of Baltimore City.
Notwithstanding any other provision of law, a Baltimore City school police officer whose permanent or temporary assignment is at a school or on school property may carry a firearm on the premises of the school to which the officer is assigned before or after regular school hours on school days and on days other than school days.
The Baltimore City Board of School Commissioners shall establish policies to implement the provisions of subparagraph (i) of this paragraph.
In consultation with the Maryland Police Training and Standards Commission, the Civil Service Commission of Baltimore City shall adopt:
Requirements for education, training, human and public relations skills, and moral character that an applicant must meet to qualify for employment as a Baltimore City school police officer; and
Standards for the performance of duties.
Any requirements adopted by the Civil Service Commission on or after July 1, 1991, may not affect the status of any individual who is a qualified Baltimore City school police officer on that date.
The Baltimore City Board of School Commissioners shall adopt regulations governing the:
Operation of the Baltimore City School Police Force; and
Conduct of each Baltimore City school police officer.
This section does not:
Make a Baltimore City school police officer a member of the Baltimore City Police Department; or
Affect the salary, benefits, or retirement program of an employee of Baltimore City or the Baltimore City Board of School Commissioners.
Beginning July 1, 2017, and every 2 years thereafter, the Baltimore City School Police Force shall submit a report to the members of the Baltimore City Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
The condition of vehicles and firearms of the Baltimore City School Police Force; and
The anticipated needs of the Baltimore City School Police Force for vehicles and firearms for the following 2 years.
In this section the following words have the meanings indicated.
“Baltimore City School System” means the system of free public schools in Baltimore City.
“Center” means the Baltimore City Alternative Learning Center.
There is a Baltimore City Alternative Learning Center in the Baltimore City School System.
The Chief Executive Officer of the Baltimore City Board of School Commissioners shall appoint a Director of the Center.
The Director may employ a staff or retain consultants, including psychologists, social workers, guidance counselors, and teachers.
Except as otherwise provided in §§ 7–305(g) and 7–305.1 of this article, a student in the Baltimore City School System may be transferred to the Center if the student:
Assaults a teacher, teacher’s aide, student teacher, other professional or paraprofessional school employee, or other student;
Carries a gun, rifle, knife, or other deadly weapon onto school property; or
Commits any other act that would be a crime if committed by an adult.
The Director shall review recommendations for admission of students to the Center and admit or deny admission for each student based on an assessment of the student’s amenability to the services, programs, and treatment available in the Center.
Subject to paragraph (2) of this subsection, a student who is admitted to the Center shall attend classes at the Center until the Director orders the student to be transferred to another school in the Baltimore City School System.
A student may not attend the Center for more than 1 calendar year.
The Director shall develop and provide the following programs within the Center:
Elementary and secondary education programs;
Special education programs that meet the social and emotional needs of the students at the Center and that require the participation of the parents or guardians of the students; and
Vocational and rehabilitative training programs.
The Chief Executive Officer shall report annually to the members of the Baltimore City Delegation to the General Assembly on the progress of the students in the Center.
On or before January 1, 2018, the board shall develop and implement a scoring system for evaluating projects that serve the long–range plans of the Baltimore City Public School System.
On or before January 1, 2020, the board shall:
Apply the scoring system developed under subsection (a) of this section to projects for 75% of the public school facilities that are:
Operated by the Baltimore City Public School System; and
Utilized by students;
Publish the project scores on the Baltimore City Public School System’s website; and
Report the project scores to the members of the Baltimore City Delegation to the General Assembly in accordance with § 2–1257 of the State Government Article.
On or before January 1, 2021, the board shall:
Apply the scoring system developed under subsection (a) of this section to projects for the remaining 25% of public school facilities described under subsection (b) of this section;
Publish the project scores on the Baltimore City Public School System’s website; and
Report the project scores to the members of the Baltimore City Delegation to the General Assembly in accordance with § 2–1257 of the State Government Article.
On or before January 1, 2021, and every 4 years thereafter, the board shall:
Update the evaluation of projects for each public school facility using the scoring system developed under subsection (a) of this section;
Publish the updated project scores on the Baltimore City Public School System’s website; and
Report the updated project scores to the members of the Baltimore City Delegation to the General Assembly in accordance with § 2–1257 of the State Government Article.
The purpose of the county board is to:
Maintain throughout the county a reasonably uniform system of public schools that is designed to provide quality education and equitable educational opportunity for all children;
Raise the level of academic achievement of the students in the Prince George’s County public school system; and
Raise the level of engagement of the parents, students, and community as a whole.
Subject to paragraph (2) of this subsection, the county board shall establish an audit committee to ensure that public funds for the county school system are spent equitably across all the schools in the county school system.
Nothing in this subsection may be construed to alter the mandatory allocation of funding to individual schools required under Title 5 of this article, including the minimum school funding required under § 5–234 of this article.
In addition to the other powers granted to, and duties imposed on, a county superintendent under this article, the County Superintendent has the responsibilities and powers set forth in this section.
The County Superintendent shall be responsible for:
The overall administration of the Prince George’s County public school system;
Subject to the provisions of Title 6 of this article, and after a budget is submitted by the county board and approved by the County Council at the beginning of each fiscal year, the day–to–day management and oversight of the fiscal affairs of the Prince George’s County public school system, including the management of activities related to:
Administration;
Mid–level administration;
Instructional salaries;
Textbooks and other classroom instructional supplies;
Instructional costs;
Special education;
Student personnel services;
Health services;
Student transportation;
Operation of plants and equipment;
Plant maintenance;
Fixed charges;
Food services; and
Capital planning and expenditures; and
The development and implementation of the curriculum taught and the instruction provided in the Prince George’s County public school system.
The County Superintendent:
Shall hire and set the salaries of a chief operating officer, a chief financial officer, a chief academic officer, a chief of staff, a board liaison, and any other necessary executive staff in the office of the County Superintendent; and
May delegate the responsibilities established under subsection (b) of this section to appropriately qualified individuals as determined and deemed necessary by the County Superintendent.
The County Superintendent shall enter into a memorandum of understanding that relates to the provision of policy analysis and advice to the county board with the following institutions of higher education:
The University of Maryland, College Park Campus;
The University of Maryland Global Campus;
Bowie State University; and
Prince George’s Community College.
The County Superintendent may include additional institutions of higher education in the memorandum of understanding required under paragraph (1) of this subsection.
Except as provided in subsection (b) of this section, the county board may not implement a policy or take any action that contradicts the day–to–day management and oversight of the fiscal affairs of the Prince George’s County public school system by the County Superintendent under this subtitle.
Except for personnel matters and appeals of personnel matters in accordance with §§ 4–205(c)(2) and (3) of this title and 6–202 of this article, the county board shall require a two–thirds vote of all voting members of the county board to take an action that is contrary to an action of the County Superintendent.
In this section the following words have the meanings indicated.
“Abuse” means an employee’s intentional misconduct or misuse of authority or position:
Involving property or funds of the local school system that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or
For the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.
“Abuse” includes:
Theft or misappropriation of property or funds of the local school system; and
Destruction or alteration of official records.
“Fraud” means an intentional act or attempt to obtain something of value from the local school system or another person through willful misrepresentation.
“Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, that causes the local school system to act, or fail to act, to the detriment of the interest of the local school system.
“Local school system” means the Prince George’s County public school system.
“Office” means the Office of Integrity and Compliance in the local school system.
“Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the local school system for consideration, including contracts and subcontracts for construction and professional services related to construction.
“Waste” means an inappropriate act or omission by an employee with control over or access to local school system property or funds that unreasonably deprives the local school system of value.
“Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct that a prudent person would consider necessary to preserve the value of property or funds of the local school system under the same facts and circumstances.
This section applies only in Prince George’s County.
There is an Office of Integrity and Compliance in the local school system.
The Office is an independent unit within the local school system.
The County Council of Prince George’s County shall select, appoint, and contract with an Integrity and Compliance Officer.
The County Council shall select the Integrity and Compliance Officer solely on the basis of professional ability and personal integrity, without regard to political affiliation.
The Integrity and Compliance Officer must be qualified professionally by experience or education in auditing, government operations, or financial management.
The term of the Integrity and Compliance Officer is 4 years beginning on the date of appointment.
An individual may not serve as Integrity and Compliance Officer for more than three terms.
The Integrity and Compliance Officer continues to serve until a successor is appointed.
If a vacancy occurs for the Integrity and Compliance Officer, the County Council shall appoint an Interim Integrity and Compliance Officer to serve for the remainder of the unexpired term.
The County Council may remove the Integrity and Compliance Officer only through a majority vote of the County Council for neglect of duty, malfeasance, conviction of a felony, or other good cause.
The Integrity and Compliance Officer shall serve as an independent employee within the local school system.
The Integrity and Compliance Officer shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during the Integrity and Compliance Officer’s term.
The Office shall:
Assist the County Council and the local school system by providing independent evaluation and recommendations regarding opportunities to:
Preserve the local school system’s reputation; and
Improve the effectiveness, productivity, or efficiency of local school system programs, policies, practices, and operations;
Ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of property or funds of the local school system;
Examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies; and
Report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct.
The Office may employ staff in order to execute the duties of the Office.
Staff employed by the Office shall serve under the supervision and direction of the Integrity and Compliance Officer.
In developing recommendations, the Office may:
Conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;
Provide management advisories; and
Utilize the assistance from any other government agency or private party to complete a project initiated by the Office.
When applicable, the Integrity and Compliance Officer shall comply with generally accepted government auditing standards.
Except as provided in subparagraph (ii) of this paragraph, the Integrity and Compliance Officer shall publish on the Office’s website, in a readily available location:
A report at least once every 2 years, beginning in fiscal year 2025, that summarizes the activities, findings, recommendations, and accomplishments of the Office; and
Any official written comments or responses offered by the local school system administration with any report published by the Office.
The Integrity and Compliance Officer:
May not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;
May provide an oral report if appropriate under generally accepted government auditing standards; and
Shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.
If reasonable grounds exist to believe that a serious violation of federal, State, or local law has occurred, the Integrity and Compliance Officer shall report the allegation to:
An appropriate law enforcement agency;
The State Ethics Commission; or
Any other agency with jurisdiction to enforce the law.
The Integrity and Compliance Officer shall coordinate with the local school system to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks.
In developing the work plan, the Integrity and Compliance Officer shall take into consideration requests from:
Officers, administrators, and employees of the local school system;
Elected officials; and
Members of the public.
The Integrity and Compliance Officer shall make the written work plan available to the public, subject to the Public Information Act.
On request from the Integrity and Compliance Officer, an employee or official of the local school system shall provide promptly to the Integrity and Compliance Officer any available document or other information concerning the local school system’s operations, budget, programs, or vendor contracts.
The Integrity and Compliance Officer shall notify the county board and the County Superintendent if any employee or official of the local school system fails to provide any information or document requested under this paragraph with reasonable promptness.
The county board and the County Superintendent shall take appropriate administrative action to produce local school system compliance with a pending request for information by the Integrity and Compliance Officer.
On request from the Integrity and Compliance Officer, a vendor of the local school system shall provide promptly to the Integrity and Compliance Officer any available document or other information concerning any local school system vendor contract, including documents related to the procurement of the contract.
The Integrity and Compliance Officer shall notify the county board, the County Superintendent, and the local school system if any vendor fails to provide any information or document requested under this paragraph with reasonable promptness.
The county board and the County Superintendent shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the Integrity and Compliance Officer.
Each local school system employee should report any fraud, waste, or abuse to the Office.
A local school system employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Integrity and Compliance Officer in connection with any activity authorized by this section.
The Integrity and Compliance Officer may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless:
The reporting person consents to disclosure of the person’s identity;
Disclosure is reasonably necessary to complete an audit or investigation; or
Another person is legally entitled to disclosure of the identity of the reporting person.
The Integrity and Compliance Officer may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this section.
The Integrity and Compliance Officer may administer an oath and take a deposition and other testimony for the purpose of investigating fraud, waste, or abuse within the local school system.
The Integrity and Compliance Officer may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the local school system.
If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Integrity and Compliance Officer, a court of competent jurisdiction may compel:
Compliance with the order or subpoena; or
Testimony or the production of evidence.
Each year the Integrity and Compliance Officer shall submit to the county board a projected budget for the Office for the upcoming fiscal year.
The county board shall include in the county board’s annual operating budget proposal the amounts recommended by the Integrity and Compliance Officer for the Office for the upcoming fiscal year.
The county board and the County Superintendent shall:
Establish annual goals for the performance of the county school system; and
Evaluate the performance of the county school system against the goals established under item (1) of this subsection in a public meeting of the county board each year.
Each year, the county board and the County Superintendent shall conduct a poll of the stakeholders and community members of the county school system to measure public opinion on the confidence and effectiveness of the county board, County Superintendent, and county school system, addressing each component separately.
When establishing annual goals for the performance of the county board and the county school system, the county board and the County Superintendent shall consider the findings of the poll conducted under this subsection.
At the first meeting of the county board each year, the county board shall:
Review the respective roles, duties, and responsibilities of the county board and the County Superintendent;
Announce the annual performance goals of the county board as determined under § 3–1004 of this article;
Discuss the results of the county board self–evaluation as determined under § 3–1004 of this article; and
Discuss the professional development completed by the county board members during the previous year.
Subject to the rules and regulations of the State Board and with the advice of the county superintendent, each county board shall prepare an annual budget according to:
The major categories listed in this section; and
Any other major category required by the State Board.
In addition to the information required by this section, the county fiscal authorities may require the county board to provide details to the service areas and activities levels in the account structure within the “Financial Reporting Manual for Maryland Public Schools”.
With the annual budget, each county board shall provide:
The number of full–time equivalent positions included within each major category; and
A description of any fund balances or other money held by any outside source, including an insurer, that are undesignated or unreserved and are under the direction and control of the county board.
The State Board shall adopt a process for the uniform reporting of the information in subsection (b) of this section to timely share the information provided by a county board in subsection (b) of this section to a county governing body.
The budget shall be prepared to include the following categories:
Part I
Current expense fund, estimated receipts:
Revenue from local sources;
Revenue from State sources;
Revenue from federal sources;
Unliquidated surplus, the actual from the previous fiscal year and the estimated from the current fiscal year, whether accrued from revenues or expenditures; and
Revenue from all other sources with identification of the source.
Current expense fund, requested appropriations:
Administration, which means those activities associated with the general regulations, direction, and control of the county board, including:
Executive administration;
Business support services; and
Centralized support services;
Mid–level administration, including:
The office of the school principal; and
Staff providing administration and supervision to the school instructional programs;
Instructional salaries, which means those activities which deal directly with teaching students, including:
Teachers;
Aides;
Psychological personnel;
Guidance counselors; and
Library personnel;
Textbooks and classroom instructional supplies;
Other instructional costs;
Special education with subcategories and items budgeted in this category to be determined by the State Board with the advice of the county board;
Student personnel services;
Health services;
Student transportation;
Operation of plant and equipment;
Maintenance of plant;
Fixed charges;
Food services; and
Capital outlay.
Current funds held in reserve, including:
Revenue to and expenditures from funds held in reserve in the prior fiscal year; and
Appropriations planned in the upcoming fiscal year from funds held in reserve.
The amount of any federal funds received in the last fiscal year, including:
Expenditures of the federal funds in the prior fiscal year;
A description of whether the federal funds are committed for a particular purpose; and
The anticipated timing to appropriate the federal funds in the upcoming fiscal year.
The amount of funds held in trust or otherwise dedicated toward long–term obligations for retiree health care costs or other postemployment benefits, and information used to calculate the county board’s obligation for those costs.
Part II
School construction fund, estimated receipts:
Revenue from local sources;
Sale of bonds;
State General Public School Construction Loan;
Revenue from State sources;
Revenue from federal sources;
Unliquidated surplus, the actual from the previous fiscal year and the estimated for the current fiscal year, whether accrued from revenues or expenditures; and
Funds from all other sources, with identification of the source.
School Construction Fund, requested appropriations:
Land for school sites;
Buildings and the equipment that will be an integral part of a building by project;
School site improvement by project;
Remodeling by project;
Additional equipment by project;
Debt service; and
An amount that is adequate to satisfy a final court judgment that, after exhaustion of the rights of appeal, is rendered against the county board of education or any of its officers or employees.
In addition to all other information required by this section, the Montgomery County Board of Education, on request of the County Executive and County Council, shall provide with the annual budget the program implications of recommendations for reductions to or increases in its annual budget, at whatever different levels of funding and accompanied by whatever reasonable supporting detail and analysis, as may be specified by the County Executive and County Council. Prior to the submission of the annual budget, similar information shall be submitted by the Superintendent of Schools upon request by the County Executive or County Council.
The budget document shall contain an addendum showing estimated expenditures for special education as defined by the “Financial Reporting Manual for Maryland Public Schools”.
In addition to all other information required by this section, the Cecil County Board of Education, on request of the Cecil County Board of Estimates, shall provide with the annual budget separate information on the number of and costs associated with school–based noninstructional personnel.
In addition to all other information required by this section, the Prince George’s County Board of Education shall provide to the County Executive and County Council with the annual budget, information relating to each of the following categories:
Instructional supplies and materials;
Additional equipment;
Replacement equipment; and
Availability payments related to any public–private partnership agreement entered into under §§ 4–126 and 4–126.1 of this article.
For the categories specified in paragraph (1) of this subsection, the following information shall be provided for the public school system in the county:
Proposed expenditures for the next school year based on the annual budget;
Estimated expenditures for the current school year; and
Actual expenditures for the prior school year.
In this subtitle, “county council” means, in Baltimore City, the Mayor and City Council of Baltimore.
Each county board shall submit an annual school budget in writing to the county commissioners, county council, or county executive.
The budget shall be submitted not less than 45 days before the date for levying local taxes or on an earlier date on or after March 1 as may be requested by the county fiscal authority.
This subsection applies only to a county that has a county governing body that consists of a county executive and county council.
The county executive shall indicate in writing which major categories of the annual budget of the county board have been denied in whole or reduced in part and the reason for the denial or reduction.
In Howard County, in addition to the information required under subparagraph (i) of this paragraph, in the submission of the annual budget to the County Council, the County Executive shall indicate in writing the percentage of the county’s general fund revenue, excluding one–time expenses, that is allocated to the operating budget of the Board of Education and operating costs associated with the Howard County public school system, including:
Pension obligations;
Employee and retiree benefits;
Debt service;
School and student safety; and
Transportation.
The county council may restore any denial or reduction made by the county executive in the annual budget submitted by the county board.
In Baltimore County, the County Council may not restore any denial or reduction made by the County Executive.
This paragraph applies to Baltimore County and supersedes paragraph (4) of this subsection only if the voters of Baltimore County approve an amendment to the Baltimore County Charter that grants the County Council the authority to restore any denial or reduction made by the County Executive in the budget submitted by the county board. The Baltimore County Council may restore any denial or reduction made by the County Executive if it publicly states the amount the restoration represents in the county tax rate.
In Baltimore City, the City Council may not restore any denial or reduction made by the Mayor.
This paragraph applies to Baltimore City and supersedes paragraph (1) of this subsection only if the voters of Baltimore City approve an amendment to the Baltimore City Charter that grants the City Council the authority to restore any denial or reduction made by the Mayor in the budget submitted by the county board.
The Baltimore City Council may restore any denial or reduction made by the Mayor if it publicly states the amount the restoration represents in the city tax rate.
Copies of the budget shall be made available to the public, on request, at the time it is submitted by the county board.
A copy of the budget as approved by the county commissioners or county council shall be sent to the State Superintendent within 30 days after approval and posted on the county board’s public–facing website, in an easily identifiable location.
In Howard County, a copy of the budget as approved by the County Council shall include, in writing, the percentage of the county’s general fund revenue, excluding one–time expenses, that is appropriated to the operating budget of the Howard County Board of Education and operating costs associated with the Howard County public school system, including:
Pension obligations;
Employee and retiree benefits;
Debt service;
School and student safety; and
Transportation.
A copy of the budget submitted under subsection (b)(1) of this section shall be placed on the county board’s public–facing website, in an easily identifiable location.
The amount requested in the annual budget of each county board for current expenses for the next school year and that is to be raised by revenue from local sources may not be less than the minimum amount required to be levied under § 5–235(a)(1)(i) of this title.
The county commissioners or county council may provide funds that are more than the amount required by § 5–235(a)(1)(i) of this title to support improved and additional programs.
If a county council or board of county commissioners does not approve the amount requested in the budget that is more than the amount required by § 5–235(a)(1)(i) of this title:
The county council or board of county commissioners:
May not reduce the amount requested in the budget that is dedicated to satisfying a final court judgment; and
Shall indicate in writing, within 15 days after the adoption of the budget, which major categories of the annual budget have been reduced and the reason for the reduction; and
The county board shall submit to the county governing body, within 30 days after the adoption of the budget, a report indicating how the alterations to the budget will be implemented, accompanied by reasonable supporting detail and analysis.
Each county council or board of county commissioners shall levy and collect a tax on the assessable property of the county which, together with other local revenue available, including income tax revenues and bond money, and together with estimated revenues and funds from all sources, will produce the amounts necessary to meet the appropriations made in the approved annual budget of the county board.
Local funds provided for appropriations shall be paid in accordance with the expenditure requirements, as certified by the county board, to the treasurer of the county board on a monthly basis.
Appropriations for school construction, permanent improvements, and repairs for special purposes may be required to be paid more frequently on the order of the president and secretary of the county board to the county commissioners, county council, or the county executive.
Notwithstanding any other provision in this article, this subsection applies to Wicomico County.
The Wicomico County Council annually shall pay to the Wicomico County Board the amount of the budget of the county board that has been approved by the County Council:
In 12 equal monthly installments; or
At the times on which the County Council and county board mutually agree.
Taxes levied under this section shall be retained by the county and any annual deficiencies in the tax are the responsibility of Wicomico County.
Notwithstanding any provision of a county charter that places a limit on that county’s property tax rate or revenues and subject to paragraph (2) of this subsection, a county governing body may set a property tax rate that is higher than the rate authorized under the county’s charter or collect more property tax revenues than the revenues authorized under the county’s charter for the sole purpose of funding the approved budget of the county board including any payments by the county governing body on behalf of the county board to the Teachers’ Pension System and the Teachers’ Retirement System.
If the county governing body sets a county property tax rate that is greater than the rate authorized under the county’s charter or collects more property tax revenues than the revenues authorized under the county’s charter, the county:
May not reduce funding provided to the county board from any other local revenue source below the funding level in the current county budget; and
Shall appropriate to the county board all property tax revenues exceeding the amount that would have been available if the county charter limitation had applied.
On or before December 31 of any year in which a county sets a property tax rate as provided in this subsection, the county shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the property tax rate set, the additional amount of revenues generated, and the appropriation of the additional revenues.
All revenues received by a county board shall be spent by the board in accordance with the major categories of its annual budget as provided under § 5-101 of this subtitle.
A transfer may be made within the major categories without recourse to the county commissioners or county council except that a report of the transfer shall be submitted to the county commissioners or county council within 15 days after the end of each month.
A report under subparagraph (i) of this paragraph shall include a narrative summary that clearly indicates each transfer.
A transfer between major categories shall be made only with the approval of the county commissioners or county council.
If the county commissioners or county council fail to take action on a request for transfer between major categories within 30 days after the receipt of a written request substantiating the transfer, the failure to take action constitutes approval.
A county board shall submit to the county governing body a report within 15 days after the end of each month if during that month the county board takes any action that would commit the county board to spend more for the current fiscal year in any major category than the amount approved in the annual budget for that category.
A report under paragraph (4) of this subsection shall include a narrative explanation of the action taken, indicating any request for transfer between categories that may become necessary for the fiscal year as a result of the action.
Except as provided in subsection (d) of this section, nonlocal funds received by a county board after the adoption of the annual budget by the county fiscal authority may be spent by the county board if the county fiscal authority is notified and approves of:
The source and amount of the funds; and
The manner of spending the funds.
Funds received by the county board under § 2–608(a)(1) of the Tax – General Article after the adoption of the annual budget by the county fiscal authority may be spent by the county board after approval by the county fiscal authority under paragraph (2) of this subsection.
The county fiscal authority shall approve the amount of funds received by the county board under § 2–608(a)(1) of the Tax – General Article within 30 days after the Comptroller makes the distribution to the county board.
If the county fiscal authority fails to take action within 30 days after the distribution by the Comptroller, the failure to take action constitutes approval.
On or before November 1 and March 1 of each fiscal year, the Anne Arundel County Board shall submit to the Anne Arundel County Council, and the Baltimore City Board of School Commissioners shall submit to the Mayor and City Council of Baltimore a report detailing all expenditures within the major categories of its annual budget. The report also shall detail any action of the county board that would commit the county board to spend more in any major category in the annual budget for the current fiscal year than the amount approved in the annual budget for that category.
If the county commissioners or county council does not appropriate the amount requested by the county board for capital projects, it shall indicate in writing which projects have been reduced, deferred, or eliminated and the reason for the reduction, deferral, or elimination.
The expenditure for school building construction shall be made in accordance with the cost approved by the county commissioners or county council for each project.
A transfer between major categories or of unexpended project balances is subject to the approval of the county commissioners or county council.
If the county commissioners or county council does not take action on a transfer within 30 days after the receipt of a written request substantiating the transfer, the failure to take action constitutes approval.
Each county board shall provide for an annual audit of its financial transactions and accounts.
The audit shall be made by a certified public accountant or a partnership of certified public accountants who are:
Licensed by the State Board of Public Accountancy; and
Approved by the State Superintendent.
The audit shall be made in accordance with the standards and regulations adopted by the State Board.
The results of the audit, including the letter of recommendation submitted by the auditor, are a matter of public record.
The results shall be reported within 3 months after the close of the fiscal year for the county board on the form and in the manner required by the State Board to:
The State Superintendent;
The county fiscal authority and the county council or the county commissioners;
The Joint Audit and Evaluation Committee of the General Assembly;
The Senate Budget and Taxation Committee;
The Senate Education, Health, and Environmental Affairs Committee;
The House Appropriations Committee; and
The House Committee on Ways and Means.
In addition to the audit required by this section, the county commissioners or county council may conduct an audit using auditors employed by the county.
In this section, “performance audit” means an assessment of an entity’s or program’s practices to determine whether the entity or program is operating economically and efficiently and whether corrective actions for improving its performance are appropriate.
In the absence of an agreement between a county governing body and a county school board, the Department at the request of the county governing body shall contract for a performance audit of the county public school system to address the issues raised in the county’s request.
The Department shall make reasonable efforts to ensure that a performance audit under this section is completed and the results of the audit are made available to the county board in time to be considered by the county board in the preparation of its budget for the next fiscal year.
The cost of a performance audit under this section shall be shared equally between the county governing body and the county board.
A performance audit for which the Department contracted under subsection (b) of this section:
Shall be conducted in accordance with generally accepted government auditing standards; and
May not include an assessment or evaluation of a county board’s efforts to meet the standards of the Maryland School Performance Program.
Nothing in this section prevents a county governing body and a county school board from making an agreement to perform or contract for a performance audit of school board functions, including an agreement involving the scope of the performance audit or the responsibility for the funding of the performance audit.
Each county board shall make the reports required by the State Board and by the State Superintendent.
The reports shall be made at the time, include the items, and be on the forms required by the State Board and by the State Superintendent.
Each county board shall prepare, publish, and make available to interested parties an annual report on the condition, current accomplishments, and needs for improvement of the schools as well as a statement of the business and financial transactions of the county board.
This report shall be published before the end of the calendar year.
The public schools of each county shall use a uniform method, as required by the county superintendent, for reporting the receipts, expenditures, and balances of the operations and activities conducted by the public schools.
At the request of the county governing body made in writing at least 30 days before the reporting deadline, the county board or superintendent shall report to the county governing body on or before November 1 and March 1 of each fiscal year on the school system’s operations, including any adjustment made to the approved annual budget and post the report on the county board’s public–facing website, in an easily identifiable location.
A report under this subsection shall be made available to all interested persons.
At the request of the county board made in writing at least 30 days before the reporting deadline the county governing body shall report to the county board on or before November 1 and March 1 of each fiscal year on the county’s fiscal status for the immediate fiscal year and the subsequent fiscal year and post the report on the county board’s public–facing website, in an easily identifiable location.
A report under this subsection shall be made available to all interested persons.
On or before September 1 each year, beginning in 2027, each county board shall submit to the Department a written report containing the number of students that require additional support to meet grade 3 literacy proficiency.
The State Board may require each county board to submit additional information in the written report required under paragraph (1) of this subsection, including the mandated annual reporting information listed under the Comprehensive PreK–3 Literacy Policy adopted by the State Board.
On or before November 1 each year, beginning in 2027, the Department shall compile and report the information submitted under subsection (a) of this section to the Governor, the State Board, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The report submitted under this subsection shall be made publicly available on the Department’s website.
The State Board may adopt regulations to carry out this section.
This section does not apply to:
Contracts for the purchase of books and other materials of instruction as defined in the State Department of Education Financial Reporting Manual;
Emergency repairs; and
Except as provided in subsection (e) of this section, a county board’s participation in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows public bidding procedures.
Except as provided in paragraph (2) of this subsection, in addition to the requirements of § 17–502 of the State Finance and Procurement Article, if the cost of any school building, improvement, supplies, or equipment is more than $100,000, the county board, at least 2 weeks before bids are to be filed, shall advertise for bids in a medium accessible to the general public, which includes:
A newspaper of general circulation in the region;
eMaryland Marketplace; or
An electronic posting on the local school system website.
If the amount specified in paragraph (1) of this subsection differs from the amount in § 13–109(a) of the State Finance and Procurement Article, the amount in § 13–109(a) of the State Finance and Procurement Article shall apply under paragraph (1) of this subsection.
The county board shall draft specifications that provide a clear and accurate description of the functional characteristics or the nature of an item to be procured, without modifying the county board’s requirements.
The specifications may:
Include a statement of any of the county board’s requirements; and
Provide for the submission of samples, inspection, or testing of the item before procurement.
Except as provided in subparagraph (ii) of this paragraph, specifications that use one or more manufacturer’s product to describe the standard of quality, performance, or other characteristics needed to meet the county board’s requirements, must allow for the submission of equivalent products.
Subparagraph (i) of this paragraph does not apply if the county board determines in the written specification that:
A particular manufacturer’s product is required to maintain compatibility of service or equipment;
A particular manufacturer’s product is required to meet the health needs of students;
Replacement parts or maintenance are a paramount consideration; or
A product is purchased for resale.
A contract for the school building, improvements, supplies, or other equipment shall be awarded to the responsible bidder who provides the best value and conforms to specifications with consideration given to:
The quantities involved;
The time required for delivery;
The purpose for which required;
The competency and responsibility of the bidder;
The ability of the bidder to perform satisfactory service;
The plan for utilization of minority contractors; and
The price offered by the bidder.
The county board may reject any and all bids and readvertise for other bids.
In this subsection, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article.
In Montgomery County, by resolution and by implementing regulations, the Montgomery County Board of Education shall establish a minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Montgomery County Board of Education in accordance with competitive bidding procedures.
In this subsection, “green product cleaning supplies” means environmentally preferable cleaning and cleaning maintenance products and supplies intended for routine cleaning and cleaning maintenance that perform well and that have positive health and environmental attributes, including:
Biodegradability;
Low toxicity;
Low volatile organic compound content;
Reduced packaging;
Low life cycle energy use; and
Lesser or reduced effects on human health and the environment when compared to competing products that serve the same purpose.
“Green product cleaning supplies” includes:
General purpose cleaners;
Bathroom cleaners;
Carpet cleaners;
Glass cleaners;
Floor cleaners, floor finishes, and floor strippers;
Wall cleaners;
Desk cleaners;
Surface cleaners;
Window cleaners;
Whiteboard cleaners; and
Soap.
“Green product cleaning supplies” does not include:
Room deodorizers;
Air fresheners;
Toilet deodorizers; or
Hand cleaners.
Subject to subsection (f) of this section, to the extent practicable, and economically feasible, a county board shall procure green product cleaning supplies for use in its schools.
In accordance with subsection (b)(3) of this section, a county board shall draft specifications that provide a clear and accurate description of the functional characteristics or nature of the green product cleaning supplies that are to be procured.
The specifications drafted by a county board under subparagraph (ii) of this paragraph:
May not preclude the use when necessary of a disinfectant, disinfecting cleaner, sanitizer, or other antimicrobial product regulated by the Federal Insecticide, Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq.; and
Shall allow for multiple avenues to obtain green product cleaning supplies certification, including:
Green Seal, Green Label, Environmental Choice, TerraChoice, or Ecologo; and
Any other nationally recognized independent third–party entity that certifies environmentally preferable products that the county board determines to be appropriate.
Except as provided in paragraph (2)(i) of this subsection, on or before July 1, 2013, a county board shall adopt written policies for the procurement of green product cleaning supplies for use in its schools.
The written policies shall:
Require the use of green product cleaning supplies;
On or before July 1, 2014, establish guidelines for purchasing green product cleaning supplies that meet the certification requirements of any established and nationally recognized independent third–party entity that certifies environmentally preferable products and adheres to consensus standards for lesser or reduced effects on human health and the environment when compared to competing products that serve the same purpose;
Establish green cleaning practices, including storage, application, frequency of use, and disposal of the supplies to ensure that the occupants of a school building do not suffer any adverse health effects as the result of these practices; and
Require staff training on implementing the policy.
On or before June 30 each year, a county board that does not procure green product cleaning supplies for use in its schools because doing so is not practicable or economically feasible shall provide annual written notice of this fact to the Department.
Nonpublic schools may participate under any contracts for goods or commodities that are awarded by county boards, other public agencies, or intergovernmental purchasing organizations, if the lead agency for the contract award follows public bidding procedures.
A county board is encouraged, consistent with competitive bidding, to use bulk purchasing, bundling, and intergovernmental purchasing.
A county board may bundle, for approval and procurement purposes:
Similar systemic renovation projects at different schools; and
Interrelated systemic projects at a single school.
A contract entered into or purchase made in violation of this section is void.
A county governing body may notify the Department that a local board has not complied with one or more reporting requirements under this subtitle or one of the expenditure limitations of § 5-105 of this subtitle.
The Department shall investigate a complaint filed under this section. If the State Superintendent determines, after taking into account aggravating and mitigating circumstances, that a violation has occurred without reasonable justification, for the next fiscal year following the final determination of a violation, the county board may not make a category expenditure, as defined by the Maryland Board of Education reporting manual, in excess of the category expenditure in the operating budget approved by the county governing body without the prior approval of the county governing body. If the county governing body fails to take action on a request for approval within 30 days after the receipt of a written request, the failure to take action constitutes approval.
In this section the following words have the meanings indicated.
“Deficit” means a negative fund balance in the General Fund at the end of the fiscal year.
“Structural deficit” means a projected negative fund balance in the General Fund that requires the transfer of reserve funds in order to avoid a deficit.
The State Superintendent and the Department shall monitor the financial status of each local school system.
If a local school system does not file the annual audit results in a timely manner with the State Superintendent as required by § 5–109 of this subtitle, the State Superintendent shall:
Immediately notify:
The Department of Legislative Services;
The county governing body; and
The local board and local superintendent or chief executive officer of the local school system; and
Order that the audit report be filed within 10 days.
A local school system may not carry a deficit as reported in the annual audit under § 5–109 of this subtitle.
If a local school system has a deficit, the State Superintendent shall immediately notify the Governor, the General Assembly, the Department of Legislative Services, and county governing body and shall require the local school system to:
Develop and submit for approval a corrective action cost containment plan within 15 days;
File monthly status reports with the State Superintendent and county governing body demonstrating actions taken to close the deficit and the effect of the actions taken on the deficit; and
Include information on the corrective action cost containment plan, actions taken to close the deficit, and status of the deficit in the annual audit under § 5–109 of this subtitle filed with the State Superintendent and county governing body.
If a local school system has a structural deficit and transfers reserve funds into the General Fund in order to avoid a deficit, the local school system immediately shall notify the Governor, the General Assembly, the State Superintendent, the Department of Legislative Services, and the county governing body.
The State Superintendent shall require a local school system described in subparagraph (i) of this paragraph to submit a corrective action cost containment plan within 15 days and file monthly status reports with the State Superintendent and county governing body demonstrating actions taken to eliminate the structural deficit, the effect of the actions taken on the structural deficit, and a schedule to repay the reserve fund.
The State Superintendent shall include information on any local school system deficit or structural deficit, corrective action cost containment plan, actions taken to close a local school system deficit or structural deficit, and status of any local school system deficit or structural deficit in a quarterly report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article.
If a local school system has a deficit or structural deficit:
The Office of Legislative Audits may request any financial information pertaining to the deficit or structural deficit and the corrective action cost containment plan; and
The local superintendent or chief executive officer of a local school system shall provide the requested information.
If a local school system fails to comply with the requirements of this section, the State Superintendent, with the approval of the State Board of Education, shall notify the State Comptroller, who shall withhold 10% of the next installment and each subsequent installment due the local school system from the General State School Fund until the State Superintendent notifies the Comptroller that the local school system is in full compliance with the requirements of this section.
In this section, “payee” means any party who receives an aggregate payment of $25,000 in a fiscal year from a school board.
“Payee” does not include:
A public school employee with respect to the employee’s compensation;
A public school retiree with respect to the retiree’s retirement allowance; or
In Baltimore County, a third–party payee that accepts employee payroll–related payments, including:
Recurring payments for payroll taxes;
Employee payroll deductions; and
Investment–related activities relating to fund balances.
Beginning January 1, 2020, each county board shall annually report the following information for the immediately preceding fiscal year to the Department of Budget and Management:
The name of a payee receiving a payment;
The location of a payee by postal zip code;
The amount of a payment;
For the Baltimore County Board of Education:
The purpose for the payment; and
Whether the payee is a minority business enterprise; and
For the Prince George’s County Board of Education, the budget data prepared under § 5–101 of this subtitle.
Each county board shall provide the information specified in paragraph (1)(i) of this subsection to the Department of Budget and Management for the following previous fiscal years:
For the Montgomery County Board of Education, fiscal years 2010 through 2018;
For the Howard County Board of Education, fiscal years 2011 through 2018;
For the Baltimore County Board of Education, fiscal years 2012 through 2018;
For the Prince George’s County Board of Education, fiscal years 2012 through 2018;
For the Anne Arundel County Board of Education, fiscal years 2017 and 2018; and
For all other county boards, fiscal year 2018.
The Department of Budget and Management shall post the information reported under paragraphs (1) and (2) of this subsection on its Funding Accountability & Transparency website.
This section may not be construed to require the disclosure of information that is confidential under federal, State, or local law.
In this subtitle, except as otherwise provided, the following words have the meanings indicated.
“Assessable base” has the meaning stated in:
§ 12–201 of the Economic Development Article; or
For Baltimore City, Article II, § 62 of the Charter of Baltimore City.
“Assessed value of personal property” means the most recent estimate by the State Department of Assessments and Taxation before the annual State budget is submitted to the General Assembly of the assessed value for county purposes of personal property as of July 1 of the first completed fiscal year before the school year for which the calculation is made under this section.
Subject to paragraph (2) of this subsection, “assessed value of real property” means the most recent estimate made by the State Department of Assessments and Taxation before the annual State budget is submitted to the General Assembly of the assessed value of real property for State purposes as of July 1 of the first completed fiscal year before the school year for which the calculation of State aid is made under this section.
Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, for counties that qualify for a disparity grant under § 16–501 of the Local Government Article and that established a development district under Title 12, Subtitle 2 of the Economic Development Article or Article II, § 62 of the Charter of Baltimore City after May 1, 2016, and is still in effect, using the assessed value of real property as of July 1 of the second completed fiscal year before the school year for which the calculation of State aid is made under this section, “assessed value of real property” does not include the lesser of:
The difference between the original base and the assessable base of all real property in a development district that is subject to tax increment financing under Title 12, Subtitle 2 of the Economic Development Article or Article II, § 62 of the Charter of Baltimore City as certified by the State Department of Assessments and Taxation; or
The quotient of the annual debt service for a tax increment financing bond in a development district divided by the county’s real property tax rate pledged to the tax increment financing bond multiplied by 100.
If the result of items 1 or 2 of subparagraph (i) of this paragraph is a negative number, then the result shall be $0.
The calculations under this paragraph shall be made separately for each development district in a county.
For Baltimore City, if the result of item 1 or 2 of subparagraph (i) of this paragraph is a positive number, then the amount is required to be appropriated by the Mayor and City Council of Baltimore City to the Baltimore City Board of School Commissioners.
“Enrollment count” means the greater of:
The full–time equivalent enrollment; or
The 3–year moving average enrollment.
“Foundation program” means the product of the annual per pupil foundation amount and a county’s enrollment count.
“Full–time equivalent enrollment” means the sum of:
The number of students enrolled in kindergarten through grade 12 or their equivalent in regular day school programs on September 30 of the prior school year;
The number of full–time equivalent students, as determined by a regulation of the Department, enrolled in evening high school programs during the prior school year; and
The number of P–TECH students, as provided in § 7–1804(b) of this article.
Subject to paragraph (2) of this subsection, “inflation adjustment” means a percentage, rounded to the nearest two decimal places, that is the lesser of:
The increase in the implicit price deflator for State and local government expenditures for the second prior fiscal year;
The Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area, or any successor index, for the second prior fiscal year; or
5%.
If there is no increase in the implicit price deflator for State and local government expenditures for the second prior fiscal year or in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area, or any successor index, for the second prior fiscal year, then “inflation adjustment” means 0%.
“Local contribution rate” means the figure that is calculated as follows:
Multiply the statewide full–time equivalent enrollment by the target per pupil amount and by 0.50; divided by
The sum of the wealth of all of the counties in this State; and
Round the result obtained in paragraph (2) of this subsection to seven decimal places and express as a percent with five decimal places.
“Local share of the foundation program” means the product of the local contribution rate and a county’s wealth rounded to the nearest whole dollar.
“Local wealth per pupil” means a county’s wealth divided by the county’s full–time equivalent enrollment.
“Major education aid” means the sum of the State and local share of the following:
Foundation program under § 5–213 of this subtitle;
Transportation aid under § 5–218 of this subtitle;
Compensatory education under § 5–222 of this subtitle;
English learner program under § 5–224 of this subtitle;
Special education under § 5–225 of this subtitle;
Guaranteed tax base program under § 5–214 of this subtitle;
Comparable wage index grant under § 5–216 of this subtitle;
Post college and career readiness pathways under § 5–217 of this subtitle;
Concentration of poverty under § 5–223 of this subtitle;
Transitional supplemental instruction under § 5–226 of this subtitle;
Publicly funded prekindergarten under § 5–229 of this subtitle; and
Career ladder for educators under § 6–1009 of this article.
“Net taxable income” means the amount certified by the State Comptroller for the second completed calendar year before the school year for which the calculation of State aid under this section is made, based on tax returns filed on or before November 1 after the current calendar year.
“Original base”:
Has the meaning stated in § 12–201 of the Economic Development Article; or
For Baltimore City, means “original assessable base” as defined in Article II, § 62 of the Charter of Baltimore City.
“Personal property” means all property classified as personal property under § 8–101(c) of the Tax – Property Article.
“Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article.
“State share of the foundation program” means, rounded to the nearest whole dollar, the greater of:
The difference between the foundation program and the local share of the foundation program; and
The result obtained by multiplying the target per pupil foundation amount by the county’s enrollment count, and multiplying this product by 0.15 in fiscal year 2008 and each fiscal year thereafter.
“Statewide wealth per pupil” means the sum of the wealth of all counties divided by the statewide full–time equivalent enrollment.
“Target per pupil foundation amount” means:
For fiscal year 2022, $7,991;
For fiscal year 2023, $8,310;
For fiscal year 2024, $8,642;
For fiscal year 2025, $8,789;
For fiscal year 2026, $9,226;
For fiscal year 2027, $9,561;
For fiscal year 2028, $9,789;
For fiscal year 2029, $10,200;
For fiscal year 2030, $10,625;
For fiscal year 2031, $11,047;
For fiscal year 2032, $11,483;
For fiscal year 2033, $11,931;
For fiscal year 2034, $12,381;
For fiscal year 2035, $12,843; and
For subsequent fiscal years, the target per pupil foundation amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
Except as provided in paragraph (2) of this subsection, “3–year moving average enrollment” means the average of the full–time equivalent enrollment in the 3 prior school years.
If the 3 prior school years includes the 2020–2021 school year, “3–year moving average enrollment” means:
The sum of the full–time equivalent enrollment for the 4 prior school years minus the 2020–2021 school year full–time equivalent enrollment; divided by
Three.
“Wealth” means the sum of:
Net taxable income;
100 percent of the assessed value of the operating real property of public utilities;
40 percent of the assessed value of all other real property; and
50 percent of assessed value of personal property.
On or before December 1, 2021, and each December 1 thereafter, the Department shall submit to the Department of Budget and Management and the Department of Legislative Services the enrollment counts and other data necessary to calculate the funding formulas to implement the Blueprint for Maryland’s Future for the upcoming fiscal year.
Except for money appropriated for the purposes of § 5–301(b) through (j) of this title, all money appropriated by the General Assembly to aid in support of public schools constitutes the General State School Fund.
Money in the General State School Fund may be spent only as appropriated in the annual budget bill.
The Department shall notify the Senate Budget and Taxation Committee and the House Committee on Appropriations of any intent to transfer funds from budget program R00A02, Aid to Education, to any other budgetary unit.
The Senate Budget and Taxation Committee and the House Committee on Appropriations shall have 45 days to review and comment on the planned transfer prior to its effect.
Money in the General State School Fund may be appropriated by the General Assembly to the Annuity Bond Fund, as provided in the State budget, and shall be used for principal and interest payments on State debt incurred for public school construction or public school capital improvements.
Except as provided in subsections (e) and (f) of this section, 10 days before the end of July, September, November, January, March, and May, the State Superintendent shall certify to the State Comptroller the amount due at the end of each of these months to each county board for the annual State share of major education aid.
Amounts due shall be made in equal payments once every 2 months.
Within 5 days before the end of each of these months, the State Comptroller shall draw the Comptroller’s warrant on the State Treasurer for the amount due to the treasurer of each county board.
On receipt of the warrant of the State Comptroller, the State Treasurer immediately shall pay the amount due to the treasurer of each county board.
After notification from the State Superintendent that a county board is not complying with the provisions of the State program of public education, the State Comptroller shall withhold any installment due the county board from the General State School Fund.
After notification is received under § 5–405 of this title, the State Superintendent shall certify to the Comptroller the amount to be released or withheld.
In this section, “Fund” means the Blueprint for Maryland’s Future Fund.
There is the Blueprint for Maryland’s Future Fund.
The purpose of the Fund is to assist in providing adequate funding for early childhood education and primary and secondary education to provide a world–class education to students so they are prepared for college and a career in the global economy of the 21st century, based on the recommendations of the Commission on Innovation and Excellence in Education.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Revenue distributed to the Fund under Title 9, Subtitles 1D and 1E of the State Government Article and §§ 2–4A–02, 2–605.1, and 2–1303 of the Tax – General Article;
Money appropriated in the State budget for the Fund;
Interest earned by the Academic Excellence Fund established under § 6–1105 of this article; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only to assist in providing adequate funding for:
Early childhood education, primary and secondary education, and other programs, based on the recommendations of the Commission on Innovation and Excellence in Education, including revised education funding formulas;
Maryland prekindergarten expansion grants; and
Early childhood education, primary and secondary education, and other programs for costs associated with the Coronavirus Disease 2019 (COVID–19), including:
One–time primary and secondary education aid grants provided in fiscal year 2022 to:
Address enrollment declines related to the COVID–19 pandemic; and
Ensure that every county board receives an increase in State education aid over the amount of State education aid the county board received in fiscal year 2021; and
Grants provided in fiscal years 2021 and 2022 for:
Summer school programs, tutoring, and other supplemental instruction programs to address student learning loss;
Identification of and support for students dealing with trauma or behavioral health issues; and
Schools to safely reopen for in–person instruction.
The Fund may not be used for school construction under Subtitle 3 of this title.
The Fund may not be used to fund the Academic Excellence Program established under Title 6, Subtitle 11 of this article.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
If a final court judgment requires the State to include in the budget bill money to satisfy a judgment against the county board of education, the State may deduct that amount from any other State funds that would otherwise be paid to the county board of education under this subtitle in the following fiscal year.
Any employer Social Security contributions required by federal law for any employee of a county board or local school system shall remain the obligation of the employer.
The Montgomery County Board shall provide from the Montgomery County Public Schools Employees’ Pension System Trust the supplemental retirement allowance required under subsection (b) of this section.
The Montgomery County Board, through the Montgomery County Public Schools Employees’ Pension System Trust, shall pay a supplemental retirement allowance to an employee of the county board who retires on or after July 1, 1999, as a member of the Teachers’ Pension System of the State of Maryland.
The supplemental retirement allowance shall equal the product of the member’s years of creditable service earned in the Montgomery County Public Schools Employees’ Pension System times the sum of:
08% of the retiree’s average final compensation that does not exceed the Social Security integration level; and
15% of the retiree’s average final compensation that exceeds the Social Security integration level.
In this section the following words have the meanings indicated.
“Blueprint for Maryland’s Future Fund estimate” means the estimate of revenues to be distributed to the Blueprint for Maryland’s Future Fund established under § 5–206 of this subtitle by the Board of Revenue Estimates as required by § 6–106 of the State Finance and Procurement Article.
“General Fund estimate” means the estimate of General Fund revenues by the Board of Revenue Estimates as required by § 6–106 of the State Finance and Procurement Article.
Beginning December 1, 2024, and each December 1 thereafter, for fiscal year 2026 and each fiscal year thereafter, if there is a cumulative reduction in the December General Fund estimate and the Blueprint for Maryland’s Future Fund estimate in the December Board of Revenue Estimates report for that fiscal year that is at least 3.75% below the March General Fund estimate and the Blueprint for Maryland’s Future Fund estimate in the March Board of Revenue Estimates report for that fiscal year, notwithstanding any other provision of law:
Per pupil formula increases in major education aid required under this subtitle shall be 0%; and
Any additional funding increases required under this subtitle shall be limited to 0%.
The Governor shall include the limitation on increases required under subsection (b) of this section in the annual budget bill in the General Assembly session immediately following the December Board of Revenue Estimates report.
The target per pupil foundation amount includes costs associated with implementing the Blueprint for Maryland’s Future including:
Increasing salaries;
Additional teachers to provide professional learning and collaborative time for teachers;
Career counseling;
Behavioral health;
Instructional opportunities for students who are college and career ready and those who are not;
Maintenance and operation of schools;
Supplies and materials for teachers; and
Educational technology including digital devices, broadband connectivity, and information technology staff.
Schools may use funds provided under this section to provide the programs required under COMAR 13A.04.16.01.
County boards of education and schools shall prioritize the purchase of digital devices for using funds under subsection (a)(8) of this section.
Additional funds provided in the target per pupil foundation amount for educational technology are intended to supplement and not supplant existing funding provided for educational technology.
On or before November 15 each year, each county board shall submit a report to the Department detailing, for the previous fiscal year:
The amount spent by the local school system on technology disaggregated by digital devices, connectivity, and information technology staff; and
The percentage of students, teachers, and staff with digital devices and adequate connectivity in their homes in accordance with the Federal Communications Commission standards for broadband.
On or before December 15 each year, the Department shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a compilation of the reports submitted to the Department under subparagraph (i) of this paragraph.
On or before September 1, 2021, the Department shall establish uniform reporting requirements, including definitions to ensure that consistent and comparable reports are submitted under subparagraph (i) of this paragraph.
Each fiscal year, the State shall distribute the State share of the foundation program to each county board.
Except as provided in subsections (c) and (d) of this section, each fiscal year, the county board shall distribute to each school the minimum school funding amount for the foundation program calculated under § 5–234 of this subtitle.
Each county board shall distribute to the local workforce development board for the county the following amount multiplied by the enrollment count in the county:
For fiscal year 2024, $62; and
For fiscal years 2025 through 2028, the prior fiscal year amount increased by the inflation adjustment.
The funds distributed under paragraph (1) of this subsection shall be used to support the Career Counseling Program for Middle and High School Students established under § 7–127 of this article that is provided collaboratively by the workforce development board, the school, any other relevant State or local agencies, and employers.
On or before June 30, 2024, and in each of the next 4 fiscal years, the local workforce development board, in collaboration with the county board and any other relevant State or local agencies, shall report to the Accountability and Implementation Board established under Subtitle 4 of this title on the use of the funds and the impact of the funds on providing career counseling.
On or before January 1, 2027, the Accountability and Implementation Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the effectiveness of the Career Counseling Program for Middle and High School Students, including:
Whether career counseling services have adequately prepared students for post–college and career readiness pathways, including:
Percentage of students who completed a career readiness assessment;
Student self–reported confidence levels in career readiness;
Number of students participating in career counseling sessions and completing a 6–year career plan by the end of 8th grade;
Number of students who participated in career exploration activities, including field trips, college or training center visits, career fairs, or registered apprenticeship programs;
Number of students who identified post–college and career readiness pathway preferences; and
Percentage of students applying to postsecondary education, career training programs, or registered apprenticeships;
Whether students have received high–quality career opportunities as a result of the Program, including:
Number of students participating in registered apprenticeships, internships, job shadowing, or other workplace opportunities facilitated by the Program;
Employer satisfaction ratings of student preparedness and performance;
Number of students securing a registered apprenticeship or part–time employment related to their field of interest after engaging with the Program before graduation; and
Number of new employer collaborations each year; and
Identifying long–term metrics for the Program to determine the Program’s effectiveness in guiding high school students toward satisfactory career paths after completing high school, including consideration of:
Employment rate of program graduates within 6 to 12 months post graduation;
Percentage of students employed in their field of interest or related industry within 1 year of graduation;
Student–reported job satisfaction and career alignment based on follow–up surveys;
College persistence and completion rates for students who participated in the Program; and
Reduction in the number of students who are unemployed or not participating in a postsecondary education program compared to pre–Program data.
In this subsection, “collaborative time per pupil amount” means:
For fiscal year 2029, $334;
For fiscal year 2030, $512;
For fiscal year 2031, $698;
For fiscal year 2032, $891;
For fiscal year 2033, $1,093;
For fiscal year 2034, $1,306;
For fiscal year 2035, $1,527; and
For each fiscal year thereafter, the collaborative time per pupil amount in the prior fiscal year increased by the inflation adjustment.
The collaborative time per pupil amount multiplied by the enrollment count in each county shall be distributed to and expended by schools in each county in accordance with Title 6, Subtitle 10 of this article and the county’s collaborative time implementation plan approved by the Accountability and Implementation Board.
In this section the following terms have the meanings indicated.
“Additional education appropriation” means the difference between a county’s education appropriation for the prior fiscal year and the county’s local share of the foundation program calculated under § 5–201 of this subtitle.
“Additional education effort” means a county’s additional education appropriation divided by the county’s wealth, rounded to seven decimal places.
“Guaranteed tax base program per pupil amount” means the lesser of:
20% of the annual per pupil foundation amount; and
The product of a county’s additional education effort and the difference between guaranteed wealth per pupil and local wealth per pupil.
“Guaranteed wealth per pupil” means 80% of the statewide wealth per pupil.
For fiscal year 2005 and each fiscal year thereafter, the State shall distribute guaranteed tax base grants to county boards as provided in this section.
A county board is eligible to receive a guaranteed tax base grant if the county’s:
Additional education effort is greater than zero; and
Local wealth per pupil is less than the guaranteed wealth per pupil.
The amount of the guaranteed tax base grant shall be equal to the product of the county’s guaranteed tax base program per pupil amount and the county’s enrollment count.
Subject to subsection (b) of this section, for each of fiscal years 2022 through 2029, the State shall distribute to each county board the following Blueprint Transition Grant amounts:
Allegany County………………………………………………. $10,348
Baltimore City……………………………………………. $18,669,201
Baltimore County………………………………………….. $2,953,950
Caroline County……………………………………………… $966,820
Cecil County……………………………………………………. $49,060
Dorchester County………………………………………… $1,321,515
Garrett County…………………………………………….. $1,201,160
Howard County………………………………………………... $41,743
Kent County………………………………………………... $1,005,090
Montgomery County………………………………………. $7,712,745
Prince George’s County………………………………… $20,505,652; and
St. Mary’s County………………………………………… $3,251,181.
For fiscal years 2025 through 2030, the State shall distribute the following proportion of the Blueprint Transition Grant amount under subsection (a) of this section to each county board:
For fiscal year 2025, 85%;
For fiscal year 2026, 65%;
For fiscal year 2027, 50%;
For fiscal year 2028, 35%;
For fiscal year 2029, 20%; and
For fiscal year 2030 and each fiscal year thereafter, 0%.
In this subsection, “comparable wage index (CWI) adjustment” means, for each county, the foundation program multiplied by:
000 in Allegany;
109 in Anne Arundel;
066 in Baltimore City;
065 in Baltimore;
079 in Calvert;
000 in Caroline;
000 in Carroll;
000 in Cecil;
055 in Charles;
000 in Dorchester;
047 in Frederick;
000 in Garrett;
073 in Harford;
131 in Howard;
000 in Kent;
166 in Montgomery;
129 in Prince George’s;
000 in Queen Anne’s;
079 in St. Mary’s;
000 in Somerset;
000 in Talbot;
000 in Washington;
000 in Wicomico; and
000 in Worcester.
For fiscal year 2024 and each fiscal year thereafter, in addition to the foundation program each county shall receive a grant to reflect the regional differences of the cost to hire personnel that are due to factors outside of the control of the local jurisdiction.
The amount of the grant under this section shall equal, for each county, the product of the CWI adjustment and:
49% in fiscal year 2024;
49% in fiscal year 2025;
47% in fiscal year 2026;
46% in fiscal year 2027;
45% in fiscal year 2028;
44% in fiscal year 2029;
43% in fiscal year 2030;
42% in fiscal year 2031;
42% in fiscal year 2032; and
41% in fiscal year 2033 and each fiscal year thereafter.
Subject to subsection (c) of this section, the State share and local share of the grant calculated under paragraph (2) of this subsection shall be calculated in the same manner as the State share and local share of the foundation program.
Each fiscal year the county board shall distribute to each school the minimum school funding amount for the grant calculated under § 5–234 of this subtitle.
In this section the following words have the meanings indicated.
“CCR per pupil amount” means:
For fiscal year 2022, $517; and
For each fiscal year thereafter, the CCR per pupil amount in the prior fiscal year increased by the inflation adjustment.
“CCR program amount” means, for each county, the product of the total number of CCR students in the prior school year and the CCR per pupil amount.
“CCR student” means a student who is college and career ready, as demonstrated by having met the college and career readiness standard adopted by the State Board under § 7–205.1 of this article.
“Local share” means, for each county, the result of the CCR program amount minus the State share rounded to the nearest whole dollar.
“State share” means, for each county, the result, rounded to the nearest whole dollar, of the following calculation multiplied by 0.5:
Multiply the CCR per pupil amount by the number of CCR students;
Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and
Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.
“Total program amount” means the product of the CCR per pupil amount and the number of CCR students in the State.
Each fiscal year, the State shall distribute the State share of the CCR program amount to each county board.
Each fiscal year, the county board shall distribute to each school the minimum school funding amount for college and career readiness calculated under § 5–234 of this subtitle.
The State shall distribute grants as provided under this section to the county boards to provide transportation services for public school students and disabled children for whom transportation is to be provided under § 8–410 of this article. Appropriations for student transportation shall be budgeted in a separate budget category as provided in § 5–101 of this title. If the amount that is appropriated to a county under this section in a fiscal year is more than the actual cost of providing student transportation services in that county, a county board may apply any excess funds to costs of pupil transportation in subsequent years. None of these funds may be paid to or claimed by any subdivision, nor may any of these funds be reverted to any subdivision. A county board may not transfer State revenues from the student transportation category to any other category as a result of this section.
For the purpose of calculating the 2004 base grants for student transportation to county boards, the following amounts shall be used as the fiscal year 2003 base grant amounts:
Allegany $2,838,327
Anne Arundel $12,716,216
Baltimore City $10,303,967
Baltimore $15,715,504
Calvert $3,294,141
Caroline $1,580,176
Carroll $5,738,454
Cecil $2,997,774
Charles $5,813,595
Dorchester $1,465,299
Frederick $6,620,447
Garrett $1,886,605
Harford $7,277,627
Howard $8,460,292
Kent $985,359
Montgomery $18,663,456
Prince George’s $21,018,217
Queen Anne’s $1,952,856
St. Mary’s $3,673,545
Somerset $1,143,107
Talbot $981,334
Washington $3,784,100
Wicomico $3,001,531
Worcester $1,856,978
In this subsection, “full–time equivalent enrollment” has the meaning stated in § 5–202 of this subtitle.
Subject to the limitations under paragraph (3) of this subsection, for fiscal year 2004 and every year thereafter the amount of a county’s base grant for student transportation shall be equal to the amount of the county’s base grant for student transportation for the previous year increased by the same percentage as the increase in the private transportation category of the Consumer Price Index for All Urban Consumers, for the Washington Metropolitan Area, as of July of the fiscal year preceding the year for which the amount is being calculated, plus an additional amount equal to the product of:
The total amount of funds distributed by the State as base grants for student transportation for the previous fiscal year divided by the statewide full–time equivalent enrollment for the previous fiscal year; and
The difference between the full–time equivalent enrollment in a county for the current fiscal year and the full–time equivalent enrollment in the county for the previous fiscal year, or, if the full–time equivalent enrollment in a county for the current fiscal year is less than the full–time equivalent enrollment in the county for the previous fiscal year, zero.
Except as provided in subparagraphs (ii) and (iii) of this paragraph, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index may not be less than 1 percent nor more than 8 percent of the amount of the grant for the previous year.
For fiscal year 2011, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index shall be 1 percent of the amount of the grant for the previous year.
For each of fiscal years 2012 through 2015, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index may not be more than 1 percent of the amount of the grant for the previous year.
For each fiscal year, in addition to the base grant for student transportation provided under subsection (c) of this section, a disabled student transportation grant shall be distributed to each county board. The amount of the grant to each board shall be equal to the product of the number of disabled students requiring special transportation services who are transported by the county board in the previous fiscal year and:
$600 in fiscal year 2004;
$700 in fiscal year 2005;
$800 in fiscal year 2006;
$900 in fiscal year 2007; and
$1,000 in fiscal year 2008 and each fiscal year thereafter.
For the purposes of determining the amount of the grant provided under subsection (d) of this section, the State Board shall develop a procedure and adopt regulations for determining the number of disabled students transported in each jurisdiction in the previous fiscal year.
The State Board shall adopt rules and regulations that provide for the safe operation of the student transportation system of each county board of education.
For the regional cost differences of providing education services, the State shall distribute in fiscal year 2022 and 2023 the following amounts to the following county boards:
County Board Fiscal Year 2022 Fiscal Year 2023
Anne Arundel $11,279,907 $11,648,498
Baltimore City $23,001,580 $23,399,130
Baltimore $6,714,151 $6,903,262 Calvert $2,441,896 $2,468,678 Carroll $2,581,183 $2,626,795 Charles $4,008,206 $4,119,541 Frederick $7,629,055 $7,829,066 Howard $6,541,811 $6,781,197 Kent $136,228 $137,449 Montgomery $41,131,349 $42,290,391
Prince George’s $47,196,798 $48,807,990
Queen Anne’s $615,392 $630,307 St. Mary’s $259,366 $267,347
In this part the following words have the meanings indicated.
“Local share” means the county program amount for each county minus the result calculated under subsection (c)(1) of this section for each county rounded to the nearest whole dollar.
Except as provided in paragraph (2) of this subsection, “State share” means, for each county, rounded to the nearest whole dollar, the greater of the following calculations multiplied by 0.5:
Multiply the per pupil amount by the county’s enrollment applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle;
Divide the result calculated under item 1 of this item by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and
Multiply the result calculated under item 2 of this item by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item 2 of this item for all counties; or
The result obtained by multiplying the per pupil amount by the county’s enrollment applicable under § 5–222, § 5–224, or § 5–225 of this subtitle and by 0.8.
For the concentration of poverty per pupil grant under § 5–223 of this subtitle and for transitional supplemental instruction under § 5–226 of this subtitle, “State share” means the calculation under paragraph (1)(i) of this subsection.
Except as provided in paragraph (2) of this subsection, “county program amount” means, for each county, the product of the per pupil amount and the county enrollment applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle.
For the per pupil grant in the concentration of poverty program, “county program amount” has the same meaning as “per pupil grant amount” defined under § 5–223 of this subtitle.
“Total program amount” means the sum of the county program amount for each county applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle.
In this section the following words have the meanings indicated.
“Compensatory education enrollment” means:
Except as provided in subparagraph (iii) of this paragraph, for fiscal years 2017 through 2028, the greater of:
The number of students eligible for free or reduced price meals for the prior fiscal year;
For county boards that participate, in whole or in part, in the United States Department of Agriculture community eligibility provision, the number of students equal to the greater of:
The sum of the number of students in participating schools identified by direct certification for the prior fiscal year, plus the number of students identified by the income information provided by the family to the school system on an alternative form developed by the Department for the prior fiscal year, plus the number of students eligible for free and reduced price meals from any schools not participating in the community eligibility provision for the prior fiscal year; or
II. Subject to paragraph (3) of this subsection, the number of students eligible for free and reduced price meals at schools not participating in the community eligibility provision for the prior fiscal year, plus the product of the percentage of students eligible for free and reduced price meals at participating schools for the fiscal year prior to opting into the community eligibility provision multiplied by the prior fiscal year enrollment; or
The number of students directly certified and who are enrolled in a public school in the county in the prior fiscal year; and
For fiscal year 2029 and each fiscal year thereafter, the greater of:
The number of students eligible for free or reduced price meals using the United States Department of Agriculture count or the alternative State form for the prior fiscal year; or
The number of direct certification students who are enrolled in a public school in the county in the prior fiscal year.
For the purpose of the calculation under subparagraph (i)1BII of this paragraph, the schools participating in the community eligibility provision during the pilot year may use the percentage of students identified for free and reduced price meals during the pilot year.
For the purpose of the calculation under subparagraph (i)1 of this paragraph, direct certification multiplied by the multiplier may be used only for schools that did not exist prior to the year the school system opted into the United States Department of Agriculture community eligibility provision.
For fiscal years 2022 through 2025, “compensatory education per pupil amount” means the following proportions of the target per pupil foundation amount:
For fiscal year 2022, 91%;
For fiscal year 2023, 89%;
For fiscal year 2024, 87%; and
For fiscal year 2025, 86%.
Beginning in fiscal year 2026, “compensatory education per pupil amount” means:
For fiscal year 2026, $7,842;
For fiscal year 2027, $7,786;
For fiscal year 2028, $7,908;
For fiscal year 2029, $8,029;
For fiscal year 2030, $8,363;
For fiscal year 2031, $8,582;
For fiscal year 2032, $8,448;
For fiscal year 2033, $9,026; and
For subsequent fiscal years, the compensatory education per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
“Direct certification” means the certification of the income eligibility of a child under the following programs:
Supplemental Nutrition Assistance Program;
Temporary Assistance for Needy Families;
Foster care;
Head Start;
Even Start;
Migrant students;
Homeless students; and
Medicaid and the Maryland Children’s Health Program, up to 189% of the federal poverty level.
“Eligible for free or reduced price meals” means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.
Each fiscal year, the State shall distribute the State share for compensatory education to each county board.
Each fiscal year, the county board shall distribute to each school the minimum school funding amount for compensatory education calculated under § 5–234 of this subtitle.
Subject to paragraph (3) of this subsection, the State alternative income eligibility form shall be collected by each school that is participating in the United States Department of Agriculture community eligibility provision and may be collected by all other schools.
The State alternative income eligibility form shall:
Be developed by the Department;
Include a statement indicating that the income information requested on the form is used to determine local and State funding for education; and
Be available in an electronic format and allow a family to opt out of returning the form to the collecting school.
A school under paragraph (1) of this subsection may not be required to collect the State alternative income eligibility form until the school year after the form has been adopted by the Department after a period of comment from local school systems.
In this section the following words have the meanings indicated.
“Community school” means a community school under Title 9.9 of this article.
Except as provided in subparagraph (ii) of this paragraph, “concentration of poverty level” means the average percentage of eligible students of the school’s enrollment for the 3 prior school years rounded to the nearest whole percent.
If the 3 prior school years includes the 2020–2021 school year, “concentration of poverty level” means:
The sum of the percentage of eligible students of the school’s enrollment for the 4 prior school years minus the 2020–2021 school year percentage of eligible students; divided by
Three; and
Rounded to the nearest whole percent.
“Eligible school” means:
For the personnel grant, a public school, including a public charter school, with a concentration of poverty level of:
For fiscal year 2020, at least 80%;
For fiscal year 2021, at least 75%;
For fiscal year 2022, at least 70%;
For fiscal year 2023, at least 65%;
For fiscal year 2024, at least 60%; and
For fiscal year 2025, and each fiscal year thereafter, at least 55%; and
For the per pupil grant, a public school, including a public charter school, with a concentration of poverty level of:
For fiscal year 2022, at least 80%;
For fiscal year 2023, at least 75%;
For fiscal year 2024, at least 70%;
For fiscal year 2025, at least 65%;
For fiscal year 2026, at least 60%; and
For fiscal year 2027, and each fiscal year thereafter, at least 55%.
“Eligible school” includes an alternative option program in the local school system if the students in the program are not included in the count of eligible students for another program or school to determine eligibility for the concentration of poverty grant.
“Eligible school” does not include a school that is eligible to receive funding under this section but has closed.
“Eligible student” means the compensatory education enrollment as defined in § 5–222 of this subtitle in the second prior fiscal year rounded to the nearest whole number.
“Locally funded county” means a county board that receives a compensatory education State share under § 5–221(c)(1)(ii) of this subtitle.
“Needs assessment” means the assessment completed under § 9.9–104 of this article.
“Per pupil grant amount” means, for all eligible schools in the county, the per pupil amount for each eligible school calculated under subsection (d) of this section multiplied by the number of eligible students in the school.
“Per pupil maximum amount” means:
For fiscal year 2022, $3,374.48; and
For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment.
“Program” means the Concentration of Poverty School Grant Program established under this section.
“Sliding scale adjustment factor” means:
For fiscal year 2022, $7,422.33; and
For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment.
“Sliding scale upper limit” means:
For fiscal year 2022, $13,495.15; and
For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment.
“State funded county” means a county that is not a locally funded county.
“Wraparound services” includes the wraparound services defined under § 9.9–101 of this article.
There is a Concentration of Poverty School Grant Program in the State.
The purpose of the Program is to provide grants to eligible schools with a high concentration of eligible students.
The Program consists of the:
Personnel grant; and
Per pupil grant.
For fiscal year 2022, the State shall distribute a personnel grant to each county board equal to $248,833 for each eligible school in the county.
In each subsequent fiscal year, the personnel grant equals the personnel grant in the prior fiscal year increased by the inflation adjustment.
Except as provided in subsection (g) of this section, each county board shall distribute directly to each eligible school the amount provided under paragraph (1)(i) and (ii) of this subsection.
Each eligible school shall employ one community school coordinator staff position in the eligible school.
Each eligible school shall provide full–time coverage by at least one professional health care practitioner during school hours, including any extended learning time, who is a licensed physician, a licensed physician’s assistant, or a licensed registered nurse, practicing within the scope of the health care practitioner’s license.
A health care practitioner providing coverage under this subparagraph may work under a school health services program, a county health department, or a school–based health center.
This subparagraph may not be construed to:
Require that an eligible school hire a full–time health care practitioner staff position; or
Preclude the hiring of any other health care practitioners that meet the needs of the students.
Each eligible school shall use the personnel grant to fund the requirements under paragraph (2) of this subsection.
If the personnel grant provided to an eligible school exceeds the cost to employ the positions and provide the coverage required under paragraph (2) of this subsection, the eligible school may only use the excess funds to:
Provide wraparound services to the students enrolled in the eligible school;
Complete the needs assessment; and
In fiscal years 2021 through 2025, provide the requirements under COMAR Title 13A, Subtitle 04, including 13A.04.16.01.
If an eligible school, prior to receiving a personnel grant, employs an individual in a position or has the coverage required under paragraph (2) of this subsection, at least the same amount of funds shall be provided to the eligible school to be used for those positions or coverage after receiving a personnel grant.
If an eligible school satisfies subparagraph (i) of this paragraph, then the school shall use the personnel grant in accordance with paragraph (4) of this subsection.
The community school coordinator shall be subject to the requirements under § 9.9–104 of this article.
A county that provides a school nurse, school health services, or community school services from funds outside of those made in the fiscal year 2019 local appropriation to the county board shall continue to provide at least the same resources to an eligible school through fiscal year 2030.
If an eligible school becomes ineligible, the school shall remain entitled to the personnel grant for two school years after the school loses eligibility but may not receive the per pupil grant.
The personnel and per pupil grant may be used to provide the programs required under COMAR Title 13A, Subtitle 04, including 13A.04.16.01.
Eligible schools with a concentration of poverty level of at least 80% shall receive a per pupil grant beginning in fiscal year 2022.
All other eligible schools shall receive the per pupil grant 1 year after becoming eligible and on completion of the needs assessment required under § 9.9–104 of this article.
Except as provided in paragraph (3) of this subsection, each eligible school shall receive a per pupil grant each fiscal year equal to the product of the total number of eligible students in the school and the per pupil amount based on the sliding scale under paragraph (2) of this subsection.
The sliding scale per pupil amount shall be calculated as provided in this paragraph.
For schools with a concentration of poverty level less than or equal to 55%, the per pupil amount is $0.
For schools with a concentration of poverty level greater than 55% but less than 80%, the per pupil amount is equal to the product of the concentration of poverty level and the sliding scale upper limit minus the sliding scale adjustment factor.
For schools with a concentration of poverty level equal to or greater than 80% the per pupil amount is the maximum per pupil amount.
Except as provided in paragraph (4) of this subsection, each eligible school shall receive the following proportion of the per pupil grant calculated under paragraph (2) of this subsection rounded to the nearest whole dollar:
For the 1st year of eligibility, 16%;
For the 2nd year of eligibility, 32%;
For the 3rd year of eligibility, 37%;
For the 4th year of eligibility, 55%;
For the 5th year of eligibility, 66%;
For the 6th year of eligibility, 75%; and
For the 7th year of eligibility and each year of eligibility thereafter, 100%.
Beginning in fiscal year 2030, each eligible school shall receive 100% of the per pupil grant calculated under paragraph (2) of this subsection rounded to the nearest whole dollar.
For a locally funded county each fiscal year, the State shall distribute the State share of the per pupil grant amount to each county board.
For a State funded county:
The State shall distribute 100% of the per pupil grant amount to each county board; and
There is no local share of the per pupil grant amount.
Each fiscal year, the county board shall distribute to each school the minimum school funding amount for the per pupil grant amount calculated under § 5–234 of this subtitle.
Except as provided in subsection (g) of this section, each eligible school shall use the per pupil grant to provide wraparound services and other programs and services identified in the eligible school’s needs assessment plan.
A local school system may request flexibility in distributing funds through an appeals process established by the Department.
Except as provided in paragraph (2) of this subsection, if a local school system has at least 10 eligible schools or if at least 35% of a local school system’s schools are eligible schools:
The county board may, on behalf of the eligible schools, expend no more than 50% of the funds distributed for the Program, provided that a plan is developed in consultation with the eligible schools that ensures that the requirements of subsections (c)(2) through (8) and (f)(1) of this section are met and the plan, consistent with the requirements in Title 9.9 of this article, is submitted to the Department; and
In expending funds on behalf of an eligible school a county board may spend funds distributed for the Program costs, that directly benefit an eligible school, including to:
Provide central support to effectively manage Program funds;
Enter into contracts with outside service providers that support at least 2 eligible schools;
Coordinate spending on behalf of eligible schools under subparagraph (i) of this paragraph; and
Any other administrative cost as defined by the Department through regulation.
Paragraph (1) of this subsection does not apply to a public charter school unless the public charter school chooses to participate in the plan.
A county board that expends funds on behalf of eligible schools in the county in accordance with this subsection shall provide to each eligible school:
An itemized list of services provided for students and their families that meet the needs identified in the needs assessment of the eligible school;
The amount of funding spent on each service; and
The amount of funding spent on central administrative support for services provided to the school.
The Department may adopt policies and procedures to carry out this subsection.
By July 1, 2026, the Department shall adopt regulations to carry out this subsection.
On or before October 1, 2021, and each October 1 thereafter, the Department shall submit to the Department of Budget and Management and the Department of Legislative Services the percentage and number of students at each school eligible for free or reduced price meals in the prior school year and each public school’s eligibility for a grant under this program in the upcoming fiscal year.
On or before August 15, 2025, and each August 15 thereafter, each community school coordinator of an eligible school shall submit to the Department an evaluation that provides for the immediately preceding school year for the community school coordinator’s eligible school:
How funds provided under this section were allocated at the beginning of the school year compared to how the funds were actually used;
The numbers of:
Students identified as needing wraparound services;
Students and families provided with wraparound services, categorized by the type of service as described under § 9.9–101 of this article; and
Families, organizations, and community members who volunteered at the eligible school;
The rates of:
Chronic absenteeism; and
Student disciplinary action; and
Strategies for reducing the rate of chronic absenteeism identified under item (iii) of this paragraph.
Each community school coordinator shall use the evaluation form developed by the Director of Community Schools under § 9.9–103 of this article.
The Department shall:
Transmit the final report to the Accountability and Implementation Board and make publicly available each evaluation submitted under this subsection; and
On or before December 1, 2024, submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on possible methods for ensuring that funds provided under this section are used appropriately and effectively.
On or before December 1, 2028, the Department shall conduct a statewide evaluation of the Program.
The Department shall summarize the results of the findings in a report that the Department shall:
Transmit to the Accountability and Implementation Board;
Submit to the General Assembly in accordance with § 2–1257 of the State Government Article; and
Make publicly available.
In this section the following words have the meanings indicated.
“English learner enrollment” means the number of students with limited English proficiency in the prior fiscal year.
For fiscal years 2022 through 2025, “English learner per pupil amount” means the following proportions of the target per pupil foundation amount:
For fiscal year 2022, 100%;
For fiscal year 2023, 100%;
For fiscal year 2024, 100%; and
For fiscal year 2025, 102%.
Beginning in fiscal year 2026, “English learner per pupil amount” means:
For fiscal year 2026, $9,041;
For fiscal year 2027, $9,148;
For fiscal year 2028, $9,327;
For fiscal year 2029, $9,613;
For fiscal year 2030, $9,794;
For fiscal year 2031, $10,069;
For fiscal year 2032, $10,232;
For fiscal year 2033, $10,510; and
For subsequent fiscal years, the English learner per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
“Limited English proficiency” means non–English or limited English proficiency under the reporting requirements established by the Department for the Maryland Comprehensive Assessment Program (MCAP).
Each fiscal year, the State shall distribute the State share for English learner education to each county board.
Each fiscal year, the county board shall distribute to each school the minimum school funding amount for English learners calculated under § 5–234 of this subtitle.
In this section the following words have the meanings indicated.
“Special education enrollment” means the number of students enrolled in a public school in the prior fiscal year who required special education services as defined in the federal Individuals with Disabilities Education Act.
“Special education enrollment” includes special education students enrolled in a publicly funded prekindergarten program under Title 7, Subtitle 1A of this article.
“Special education enrollment” does not include students who are enrolled in or attend:
The Maryland School for the Blind;
The Maryland School for the Deaf; or
An educational program operated by the State.
For fiscal years 2022 through 2025, “special education per pupil amount” means the following proportions of the target per pupil foundation amount:
For fiscal year 2022, 86%;
For fiscal year 2023, 86%;
For fiscal year 2024, 92%; and
For fiscal year 2025, 99%.
Beginning in fiscal year 2026, “special education per pupil amount” means:
For fiscal year 2026, $9,503;
For fiscal year 2027, $10,900;
For fiscal year 2028, $12,368;
For fiscal year 2029, $14,367;
For fiscal year 2030, $16,836;
For fiscal year 2031, $17,277;
For fiscal year 2032, $17,609;
For fiscal year 2033, $18,053; and
For subsequent fiscal years, the special education per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
Each school shall use the funds provided under this section to provide the services required by each student’s individualized education program or 504 plans.
Each fiscal year, the State shall distribute the State share for special education to each county board.
Each fiscal year, the county board shall distribute to each school or publicly funded prekindergarten program the minimum school funding amount for special education calculated under § 5–234 of this subtitle.
In this section the following words have the meanings indicated.
“Struggling learner” means a kindergarten through grade 3 student who, on the Maryland Comprehensive Assessment Program (MCAP) or on any successor assessment, in the prior fiscal year, scores the equivalent of a 1, 2, or 3 in English language arts or reading on the PARCC assessment.
The number of grade 3 struggling learners shall be used as a proxy for the number of struggling learners in each of kindergarten, grade 1, and grade 2.
“Transitional supplemental instruction” means additional academic support for struggling learners using evidence–based programs and strategies that meet the expectations of strong or moderate evidence as defined in the federal Every Student Succeeds Act.
“Transitional supplemental instruction” includes:
One–on–one and small–group tutoring of not more than four students with a certified teacher, a teaching assistant, or any other trained professional;
Cross–age peer tutoring; and
Screening, identifying, and addressing literacy deficits.
“Transitional supplemental instruction per pupil amount” means:
For fiscal year 2022, $476;
For fiscal year 2023, $665;
For fiscal year 2024, $680;
For fiscal year 2025, $522;
For fiscal year 2026, $356; and
For fiscal year 2027 and each fiscal year thereafter, $0.
Each school shall use the funds provided under this section to provide transitional supplemental instruction to struggling learners in kindergarten through grade 3.
Subject to subparagraph (ii) of this paragraph, priority in providing transitional supplemental instruction shall be given to literacy.
A school district or school may use the funds for additional mathematics instruction if it is determined that this is a priority for the students in the district or school.
A school district or school is encouraged to, on a pilot basis, experiment with new evidence–based means of screening, identifying, and addressing literacy deficits.
An individual who provides transitional supplemental instruction may be employed by the school district.
Each student who receives transitional supplemental instruction shall receive a pre– and post–standardized assessment to evaluate the student’s progress before and after receiving transitional supplemental instruction under this section.
The requirement that a student receive a pre–standardized assessment for literacy in accordance with subparagraph (i) of this paragraph may be satisfied by conducting the reading screening established in § 4–136 of this article.
Each fiscal year, the State shall distribute the State share for transitional supplemental instruction to each county board.
Each fiscal year, the county board shall distribute to each school the minimum school funding amount for transitional supplemental instruction calculated under § 5–234 of this subtitle.
In this section the following words have the meanings indicated.
“County program amount” means, for each county, the product of the per pupil amount and the prekindergarten enrollment.
“Family share” means the amount calculated under subsection (e) of this section rounded to the nearest whole dollar.
“Local share” means, for each county, the result of the county program amount minus the State share rounded to the nearest whole dollar.
“Per pupil amount” means:
In fiscal year 2023, $10,094;
In fiscal year 2024, $11,594;
In fiscal year 2025, $13,003;
In fiscal year 2026, $14,473;
In fiscal year 2027, $19,950;
In fiscal year 2028, $19,950; and
In fiscal year 2029 and each fiscal year thereafter, the per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
“Prekindergarten enrollment” means:
Beginning in fiscal year 2023, the number of Tier I children enrolled with an eligible prekindergarten provider; and
Beginning in fiscal year 2026, the number of Tier I and Tier II children enrolled with an eligible prekindergarten provider.
“State share” means, for each county, rounded to the nearest whole dollar, the following calculations multiplied by 0.5:
Multiply the per pupil amount by the county’s prekindergarten enrollment;
Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and
Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.
“Tier I child” has the meaning stated in § 7–1A–01 of this article.
“Tier II child” has the meaning stated in § 7–1A–01 of this article.
“Tier III child” has the meaning stated in § 7–1A–01 of this article.
“Total program amount” means the product of the per pupil amount and the statewide prekindergarten enrollment.
To be eligible for public funding, a prekindergarten provider shall comply with Title 7, Subtitle 1A of this article.
As calculated under subsection (d) of this section, there is a State share and local share of the per pupil amount for Tier I children.
There is no family share for Tier I children.
As calculated under subsection (e) of this section and beginning in fiscal year 2026, there is a State share, local share, and family share of the per pupil amount for Tier II children.
Tier III children are not eligible for funding under this section.
For public providers, each fiscal year:
The State shall distribute the State share to each county board; and
The county board shall distribute to each public provider the minimum school funding amount for prekindergarten calculated under § 5–234 of this subtitle.
For private providers, each fiscal year:
The State shall distribute the State share for private providers to the Department;
The county shall distribute the local share for private providers to the Department; and
The Department shall distribute the State and local share to the private providers.
On or before July 1, 2022, the Department shall establish a sliding scale to calculate the family share required for Tier II children.
The sliding scale developed by the Department shall be increased on a linear basis with:
A lower limit of $0 per pupil for a family with an income that is 300% of the federal poverty level; and
An upper limit of the per pupil amount for a family with an income that is more than 300% but less than 600% of the federal poverty level.
Beginning in fiscal year 2026, the family shall pay the family share to the publicly funded prekindergarten provider.
A county board may provide up to 100% of the family share on behalf of the family.
Income–eligible families shall have access to extended day services through the Child Care Scholarship Program under Title 9.5, Subtitle 9 of this article.
The Department, county boards, and eligible prekindergarten providers shall work together to address the transportation needs of children enrolled in eligible prekindergarten providers.
On or before November 1, 2021, the Department shall report to the Accountability and Implementation Board and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
Plans for an income verification process to determine eligibility for Tier I, Tier II, or Tier III status of a child;
Administrative procedures for distributing the funds required under subsection (d) of this section;
Providing families with the ability to indicate a preference for the public or private prekindergarten program in which to enroll the child; and
Communicating with families that the ability to choose to enroll a child in a public provider outside the family’s attendance area is available only for prekindergarten;
Recommendations for the methodology the Department will use to calculate the State, local, and family share for Tier II children under the sliding scale developed under subsection (e) of this section; and
Recommendations on whether to extend the prekindergarten supplemental grant provided under § 5–232 of this subtitle.
In this section the following words have the meanings indicated.
“Accreditation” means the determination that a program meets quality standards defined by the accrediting agency beyond State child care regulations.
“Accrediting agency” means a State agency or national organization that has developed a recognized accrediting process.
“Credentialing” means the process through which an individual is awarded a professional certificate based on education and experience.
“Early Childhood Education Enhancement Grant” means a grant that is distributed under subsection (f) of this section.
“Full day” means a period of time during the day that:
Meets the needs of families; and
Is not less than 7 hours or more than 12 hours per day.
“Judy Center” means a site where comprehensive early childhood education services are provided to young children and their families for the purpose of promoting school readiness through collaboration with participating agencies and programs.
“Judy Center Grant” means a grant that is distributed under subsection (d) of this section.
“Local management board” means a local management board as defined under § 8–101(l) of the Human Services Article.
“Participating agencies and programs” includes:
Public prekindergarten and kindergarten programs;
Head Start programs;
Family literacy programs and services;
Local infants and toddlers programs;
Child care centers and family child care homes;
Family support centers;
Healthy family sites;
Parent involvement programs;
Early childhood programs affiliated with institutions of higher education; and
Other home visiting, community health, family support services, and child care resource and referral agencies.
“Preschool Services Grant” means a grant that is distributed under subsection (e) of this section.
“Program” means the Judith P. Hoyer Early Childhood Education Enhancement Program established under this section.
There is a Judith P. Hoyer Early Childhood Education Enhancement Program in the Department.
The purpose of the Program is to promote school readiness through the development and expansion of collaborative approaches to the delivery of high quality, comprehensive, full–day early childhood education programs and family support services.
The Program shall be funded as provided in the State budget.
Funds that are allocated to the Program in the State budget may be used:
To cover the costs incurred by the Department in implementing and administering the Program;
For Judy Center Grants:
As provided under subsection (d) of this section; and
If the Department awards multiyear funding under subsection (h) of this section, for planning and development of a Judy Center in the first year of multiyear funding;
For Preschool Services Grants, as provided under subsection (e) of this section;
For Early Childhood Education Enhancement Grants, as provided under subsection (f) of this section; and
To fund the statewide implementation of the Department’s Early Childhood Assessment System, as provided under subsection (g) of this section.
For each of fiscal years 2021 through 2025, the State shall provide funding for 9 additional Judy Centers per year.
For each of fiscal years 2026 through 2030, the State shall provide funding for 18 additional Judy Centers per year.
The Governor shall appropriate, in each of fiscal years 2021 through 2030, $330,000 for each additional Judy Center required under this paragraph.
The State shall prioritize increasing the number of Judy Centers in communities with Title I schools.
The Department may distribute a Judy Center Grant to a county board if the county board submits an application to the Department that includes:
A memorandum of understanding between the county board, the participating agencies and programs, and, in the discretion of the county board, the local management board that includes:
The terms of the collaboration to be undertaken by the county board, the participating agencies and programs, and, if applicable, the local management board, including the roles and responsibilities of each of these entities; and
A plan for establishing ongoing communication between private service providers and public school early education programs; and
Documentation that shows that:
The Department’s Early Childhood Assessment System will be implemented at the Center;
All participating agencies and programs that provide early childhood education services through the Center have voluntarily obtained accreditation or, by the date of the Grant application, have voluntarily initiated and are actively pursuing the process of obtaining accreditation; and
The Center will provide comprehensive, full–day early childhood education services and family support services.
The Department may distribute a Preschool Services Grant to be used to provide prekindergarten services for 4–year–old children whose birthdays fall on or before September 1 of the school year during which services will be provided and whose family income is below a level set by the Department.
Private providers that have voluntarily obtained accreditation or have voluntarily initiated and are actively pursuing accreditation by the date of the grant application must obtain accreditation before receiving a grant award.
The Department may distribute an Early Childhood Education Enhancement Grant to a private provider of early childhood education services to be used:
To assist the provider in voluntarily obtaining accreditation; or
For professional development activities leading to increased competency and appropriate credentialing that is related to early childhood education services.
The Department may distribute funds to a county board for the purpose of implementing the Department’s Early Childhood Assessment System in the county’s public schools.
The Department shall:
Establish application procedures for obtaining Judy Center Grants, Preschool Services Grants, and Early Childhood Education Enhancement Grants as provided under this section;
Supervise and monitor the use of Grant funds distributed under this section; and
Evaluate whether Grant recipients are meeting annual benchmarks established by the Department.
For Judy Center Grants, the Department may award multiyear funding.
A county board that is selected to receive a Judy Center Grant or a private provider that has been selected for a Preschool Services Grant or an Early Childhood Education Enhancement Grant shall:
Administer the Grant award;
Submit fiscal and program reports as required by the Department; and
Coordinate the involvement of participating agencies and programs in any evaluation process conducted by the Department.
Grants awarded under this section may not be used:
To supplant existing funding for any services provided by participating agencies and programs; or
For capital improvements.
The Department shall conduct an evaluation process to measure the effectiveness of:
The Judy Centers; and
Early childhood education services and family support services that are purchased with funds from Preschool Services Grants and Early Childhood Education Enhancement Grants.
On or before November 1 each year, the Department shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report on the implementation of the Program and the participating agencies and programs, including a description of the Program’s and the participating agencies’ and programs’ expenditures, enrollment, and statewide performance data, including school readiness data disaggregated by program and by jurisdiction.
The Department may adopt regulations as necessary to implement the Program.
The Head Start Program in the State shall be referred to as the Ulysses Currie Head Start Program.
For each fiscal year, the Governor shall include in the annual State budget an appropriation of at least $3,000,000 for the Ulysses Currie Head Start Program.
A provider in the Ulysses Currie Head Start Program is eligible to receive full State funds under § 5–229 of this subtitle even if the Program receives federal funds.
In this section the following words have the meanings indicated.
“Eligible child” means a child:
Whose parent or guardian enrolls the child in a public prekindergarten program; and
Who is 4 years old on September 1 of the school year in which the parent or legal guardian enrolls the child in a public prekindergarten program.
“Eligible county board” means a county board that makes a full–day public prekindergarten program available for eligible children.
“State share of the per pupil foundation amount” means the quotient of the State share of the foundation program for a county divided by the full–time equivalent enrollment of the county.
For each of fiscal years 2018 through 2022, the State shall provide a supplemental prekindergarten grant to an eligible county board that equals the percentage of the State share of the per pupil foundation amount multiplied by the number of full–time equivalent eligible children enrolled in a public full–day prekindergarten program on September 30 of the previous school year:
For fiscal year 2018, 50%;
For fiscal year 2019, 75%;
For fiscal year 2020, 100%; and
For each of fiscal years 2021 and 2022, 100%.
The State shall distribute the supplemental prekindergarten grant at the same time the State distributes funds to county boards under this subtitle.
Except as provided by paragraph (2) of this subsection and subsections (e) and (f) of this section, for each of the following programs, “minimum school funding” means at least 75% of the per pupil amount applicable to each of the following programs:
The foundation program under § 5–213 of this subtitle;
The compensatory education program under § 5–222 of this subtitle;
The English learner education program under § 5–224 of this subtitle;
The special education program under § 5–225 of this subtitle;
Public providers of prekindergarten under § 5–229 of this subtitle;
Transitional supplemental instruction under § 5–226 of this subtitle;
The comparable wage index grant under § 5–216 of this subtitle; and
The college and career readiness program under § 5–217 of this subtitle.
Except as provided by subsection (e) of this section, for each of the following programs, “minimum school funding” means 100% of the per pupil amount applicable to each of the following programs:
Private providers of prekindergarten under § 5–229 of this subtitle; and
The per pupil grant under the concentration of poverty program under § 5–223 of this subtitle.
For each school, the county board shall distribute the minimum school funding amount for the applicable program multiplied by the school enrollment for the applicable program.
On or before July 1, 2024, for fiscal year 2025, and each July 1 thereafter, each county board shall report on the county board’s compliance with this section to the Department and the Accountability and Implementation Board established under Subtitle 4 of this title.
A county board may request a waiver under § 5–406 of this title from this provision for reasons including:
A significant shift in total school–level enrollment between the prior year and the current year;
A significant shift in school–level enrollment of at–promise students between the prior year and the current year; and
A significant difference in the amount of funding provided through the formula and the amount of expenditures necessary for a category of at–promise students.
On or before July 1, 2023, the Department shall, in collaboration with the Accountability and Implementation Board established under Subtitle 4 of this title:
Implement a financial management system and student data system capable of tracking and analyzing the requirements under this section and integrating local school system data; and
Update the “Financial Reporting Manual for Maryland Public Schools” to ensure uniformity in reporting expenditures for each school.
For fiscal years 2023 and 2024, each county board and the Department shall report to the Accountability and Implementation Board established under Subtitle 4 of this title expenditures for each school in accordance with the federal Every Student Succeeds Act requirements for reporting expenditures.
A county board may exclude from the requirements of this section, countywide obligations and contracts for goods and services that cannot be allocated at the school level.
If a county board makes the exclusion under paragraph (1) of this subsection, the county board shall report the reason for the exclusion to the Department.
For the purposes of this section, subsection (a)(1)(iv) of this section may be reported in the aggregate for each county.
Subject to subsection (o) of this section and beginning in fiscal year 2023, the county governing body shall levy and appropriate an annual tax sufficient to provide an amount of revenue for elementary and secondary public education purposes equal to the local share of major education aid as adjusted under § 5–239 of this subtitle.
For the purposes of calculating the local share of major education aid and regardless of the source of the funds, all funds that a county board, including the Baltimore City Board of School Commissioners, is authorized to expend for schools may be considered as levied by the county council, board of county commissioners, or the Mayor and City Council of Baltimore except for:
State appropriations;
Federal education aid payments; and
The amount of the expenditure authorized for debt service and capital outlay.
Subject to subsection (o) of this section and except as provided in subsection (a–1) of this section, the county governing body shall appropriate local funds to the school operating budget in an amount no less than the product of the county’s enrollment count for the current fiscal year and the local appropriation on a per pupil basis for the prior fiscal year using enrollment count.
For fiscal year 2023, the county governing body shall appropriate to the school operating budget the greater of:
The local share of major education aid under subsection (a)(1) of this section; or
For Allegany County, $31,854,912;
For Anne Arundel County, $784,741,000;
For Baltimore City, $275,513,758;
For Baltimore County, $888,261,619;
For Calvert County, $134,705,250;
For Caroline County, $16,080,832;
For Carroll County, $204,617,860;
For Cecil County, $89,196,266;
For Charles County, $200,686,400;
For Dorchester County, $20,937,715;
For Frederick County, $316,348,012;
For Garrett County, $28,705,313;
For Harford County, $293,812,984;
For Howard County, $628,300,000;
For Kent County, $18,559,629;
For Montgomery County, $1,752,662,235;
For Prince George’s County, $766,762,200;
For Queen Anne’s County, $62,559,389;
For St. Mary’s County, $114,540,490;
For Somerset County, $10,490,432;
For Talbot County, $43,905,596;
For Washington County, $106,847,824;
For Wicomico County, $49,135,024; and
For Worcester County, $97,117,331.
Except as provided in paragraph (2) of this subsection and subsection (c) of this section, for purposes of this section, the local appropriation on a per pupil basis for the prior fiscal year for a county is derived by dividing the county’s highest local appropriation to its school operating budget for the prior fiscal year by the county’s enrollment count for the prior fiscal year. For example, the calculation of the foundation aid for fiscal year 2003 shall be based on the highest local appropriation for the school operating budget for a county for fiscal year 2002. Program shifts between a county operating budget and a county school operating budget may not be used to artificially satisfy the requirements of this paragraph.
For fiscal year 2024, the following amounts shall be subtracted from the county’s fiscal year 2023 highest local appropriation:
For Allegany County, $384,498;
For Anne Arundel County, $10,291,149;
For Baltimore County, $41,682,056;
For Calvert County, $2,109,359;
For Carroll County, $7,549,762;
For Charles County, $7,074,539;
For Frederick County, $9,076,061;
For Garrett County, $342,058;
For Harford County, $19,512,731;
For Howard County, $23,479,884;
For Kent County, $488,031;
For Montgomery County, $30,992,076;
For Queen Anne’s County, $406,525; and
For St. Mary’s County, $6,110,337.
For purposes of this subsection, the calculation of the county’s highest local appropriation to its school operating budget for the prior fiscal year shall exclude:
A nonrecurring cost that is supplemental to the regular school operating budget, if the exclusion qualifies under regulations adopted by the State Board;
A cost of a program that has been shifted from the county school operating budget to the county operating budget;
The cost of debt service incurred for school construction projects; and
For a county that shifts the recurring costs associated with providing retiree health benefits for current retirees to the county board, any reduction in those retiree health costs from the amount the county was required to appropriate in the previous year.
For purposes of the adjustment required under subsection (a)(2)(ii) of this section, a county that dedicates to public school construction any additional State funds received from recurring retiree health costs shifted to the county board may exclude those retiree health costs from the highest local appropriation on a per pupil basis.
The county board must present satisfactory evidence to the county government that any appropriation under subsection (c)(1) of this section is used only for the purpose designated by the county government in its request for approval.
Any appropriation that is not excluded under subsection (c)(1) of this section as a qualifying nonrecurring cost shall be included in calculating the county’s highest local appropriation to its school operating budget.
Qualifying nonrecurring costs, as defined in regulations adopted by the State Board, shall include but are not limited to:
Computer laboratories;
Technology enhancement;
New instructional program start–up costs; and
Books other than classroom textbooks.
Subject to paragraph (2) of this subsection, if a county’s ability to fund the maintenance of effort requirement in subsection (a) of this section is impeded, the county shall apply under subsection (h) of this section to the State Board for a waiver.
If a county fails to apply to the State Board for a waiver from the maintenance of effort requirement and fails to meet the maintenance of effort requirement:
The county shall be assessed in accordance with subsection (o) of this section; and
The minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section.
The maintenance of effort requirement in subsection (a) of this section does not apply to a county if the county requests and is granted a waiver from the requirement by the State Board based on:
A determination under this subsection that the county’s fiscal condition significantly impedes the county’s ability to fund the maintenance of effort requirement;
Subject to subsection (i) of this section, an agreement between the county and the county board to reduce recurring costs;
Subject to subsection (j) of this section, a determination that a county’s ability to meet the maintenance of effort requirement is permanently impeded; or
Subject to subsection (k) of this section, a determination that lease payments were made by the county board to a county revenue authority or private entity holding title to property used as a public school by a county board in accordance with § 4–114(c)(1) or (d) of this article.
In order to qualify for a waiver for a fiscal year, a county shall make a request for a waiver to the State Board by the earlier of the seventh day following the end of the legislative regular session or April 20 of the prior fiscal year.
The State Superintendent shall provide a preliminary assessment of a waiver request to the State Board before a public hearing held in accordance with paragraph (4) of this subsection.
Before acting on a request for a waiver, the State Board shall hold a public hearing in accordance with regulations adopted by the State Board.
Except as provided in subsection (i) of this section, when considering whether to grant a county’s waiver request, the State Board shall consider the following factors:
External environmental factors such as a loss of a major employer or industry affecting a county or a broad economic downturn affecting more than one county;
A county’s tax base;
Rate of inflation relative to growth of student population in a county;
Maintenance of effort requirement relative to a county’s statutory ability to raise revenues;
A county’s history of exceeding the required maintenance of effort amount under subsection (a)(2) of this section;
An agreement between a county and a county board that a waiver should be granted;
Significant reductions in State aid to a county and municipalities of the county for the fiscal year for which a waiver is requested;
The number of waivers a county has received in the past 5 years; and
The history of compensation adjustments for employees of the county board and county government.
The State Board shall inform the county whether the waiver for a fiscal year is approved or denied in whole or in part no later than 30 days after receipt of an application or May 20 of the prior fiscal year, whichever is earlier.
Except as provided in subsections (i) and (j) of this section, if a county is granted a waiver from the provisions of this section by either the State Board or the General Assembly for any fiscal year, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section.
This subsection applies to a county that requests a waiver under subsection (h)(1)(ii) of this section.
The State Board shall grant a waiver request in the amount that has been agreed on by the county and county board that is attributable to reductions in recurring costs.
If the reduction in recurring costs includes reductions in personnel or personnel costs, then the State Board shall grant a waiver request in the amount that has been mutually agreed on by the county, county board, and exclusive employee representative.
The amount of the agreed on waiver may be less than the entire amount of the reduction in recurring costs.
The amount of the agreed on waiver may not:
Exceed the entire amount of the reduction in recurring costs; or
Reduce a county’s education appropriation below the amount required in subsection (a)(1) of this section.
The minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection.
In this subsection the following terms have the meanings indicated.
“Education appropriation” includes any money redirected to a county board under subsection (o) of this section.
“Education effort” means a county’s education appropriation divided by the county’s wealth.
“5–year moving average” means the average of the 5 years before the waiver year.
“Waiver year” means the fiscal year for which a waiver from the maintenance of effort requirement in subsection (a) of this section is requested.
This subsection applies to a county that has:
Received a waiver under subsection (h)(1)(i) of this section from the maintenance of effort requirement; and
A required county education appropriation under subsection (a) of this section for the waiver year that exceeds 100% of the statewide 5–year moving average of education effort times a county’s local wealth.
A county that satisfies the requirements under paragraph (2) of this subsection may request a rebasing waiver from the State Board.
When considering whether to grant a county’s waiver request under this subsection, the State Board shall consider the following factors:
Whether a county has submitted sufficient evidence that the factors in subsection (h)(5) of this section will affect a county’s ongoing ability to meet the maintenance of effort requirement;
Whether a county is at its maximum taxing authority under the law;
Whether a county’s education appropriation is commensurate with a county’s wealth;
Whether a county’s history of exceeding the required maintenance of effort has made meeting the maintenance of effort requirement in future years unsustainable; and
Whether a county has received a rebasing waiver in the past 5 years.
If the State Board grants a rebasing waiver under this subsection, the amount of the waiver for any fiscal year is limited to the lesser of:
An amount that would result in a county’s education effort for the waiver year falling below the level established in paragraph (2)(ii) of this subsection; or
For a county with a 5–year moving average for education effort that is less than or equal to 110% of the statewide 5–year moving average of education effort, 1% of the county’s required maintenance of effort requirement;
For a county with a 5–year moving average for education effort that is more than 110% and less than or equal to 120% of the statewide 5–year moving average of education effort, 2% of the county’s required maintenance of effort requirement; or
For a county with a 5–year moving average for education effort that is more than 120% of the 5–year moving statewide average of education effort, 3% of the county’s required maintenance of effort requirement.
If the State Board grants a rebasing waiver under this subsection, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection.
If the State Board grants a rebasing waiver to be implemented over a multiyear period, which may not exceed 3 years, in each year the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection.
If the State Board does not grant a waiver under this subsection, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section.
Nothing in this subsection precludes a county from also requesting a waiver from the maintenance of effort requirement under subsection (i) of this section for the same fiscal year as the waiver requested under this subsection.
This subsection applies to a county that requests a waiver under subsection (h)(1)(iv) of this section.
The State Board shall grant a waiver request in the amount that has been agreed on by the county and the county board that is attributable to the amount of the lease payment.
The amount of the agreed–on waiver may be less than the entire amount of the lease payment.
The amount of the agreed–on waiver may not:
Exceed the entire amount of the lease payment; or
Reduce a county’s education appropriation below the amount required in subsection (a)(1) of this section.
If the county and county board have not agreed on an amount, the State Board may grant a waiver on a determination that the lease payments are comparable to the amount of debt service that would otherwise be required if the alternative financing had not been used.
If the State Board grants a waiver under this subsection, the State Board shall determine the number of fiscal years for which the waiver is applicable and the minimum appropriation of local funds required under this section for the fiscal year after the expiration of the waiver.
In making the calculations required under this section, the Department shall consult with the Department of Budget and Management and the Department of Legislative Services.
A county shall submit to the Superintendent the county’s approved budget no later than 7 days after approval of the budget or June 30, whichever is earlier.
No later than 15 days after receipt of the county’s approved budget the Superintendent shall certify whether the county has met the funding requirements established under this section and shall notify the county and county board of that certification.
On or before December 31 of each year the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on all waiver requests, maintenance of effort calculations made by the Department and the county, the Department’s decisions regarding waiver requests, the Department’s certification of whether a county has met the requirement, and any other information relating to a county’s request for a waiver and the Department’s maintenance of effort decisions.
If the Superintendent finds that a county is not complying with the provisions of subsection (a) of this section, the Superintendent shall notify the county of such noncompliance.
If a county disputes the finding within 15 days after the issuance of a notice under paragraph (1) of this subsection, the dispute shall be referred promptly to the State Board for a final determination.
Within 15 days of receipt of certification of noncompliance by the Superintendent or the State Board and subject to subparagraph (ii) of this paragraph, the Comptroller shall, under § 2–608 of the Tax – General Article, withhold income tax revenue from the county so that the total amount withheld is equal to the amount by which a county failed to meet the requirements in subsection (a) of this section.
The Comptroller shall distribute the amount withheld under subparagraph (i) of this paragraph directly to the county board.
The State Board may accept for the State:
Any appropriation of money for educational purposes and subsidized or free feeding programs for the public schools that is made out of the federal treasury by an act of Congress; and
Any additional funds directed to the State Board by an act of Congress or federal regulation.
The State Board is the educational authority for the expenditure and administration of these funds.
All of these funds received by the State shall be received into the State Treasury.
On warrant of the State Comptroller, the State Treasurer may:
Receive and provide for the proper custody of these funds; and
Make disbursements on the order of the State Board according to the procedure established for the State Treasurer.
The State Board shall distribute grants each year to organizations that:
Promote literacy at an early age during well child visits in a health care setting; and
Solicit the corporate community for funding for promoting literacy at an early age.
An organization that is awarded a grant by the State Board under this section shall use the grant to:
Purchase books to be distributed at well child visits in the health care setting; and
Train pediatricians and other health care providers on methods of promoting literacy to all Maryland children.
In fiscal year 2001 and every fiscal year thereafter, the Governor shall include funds in the State budget to implement this section.
The State Board may adopt regulations to implement this section.
Under this section a county may be eligible for a reduction in the local share of major education aid required under § 5–235(a)(1) of this subtitle.
A reduction in the local share of major education aid under this section may not reduce the local share below the per pupil appropriation required under § 5–235(a)(2) of this subtitle.
If a reduction in the local share of major education aid under this section would result in a local share that is less than the requirement under § 5–235(a)(2) of this subtitle, the State distributions required under this section shall be reduced.
For the purposes of § 5–205 of this subtitle, State distributions required under this section shall be included in the State share of major education aid.
In this subsection the following words have the meanings indicated.
“Education effort adjustment” equals the local share of major education aid minus the maximum local share.
“Education effort index” means local education effort divided by the State average education effort.
“Local education effort” means, for each county, the county’s local share of major education aid divided by the county’s wealth and rounded to the nearest seven decimal places.
“Major education aid” has the meaning stated in § 5–201(l) of this subtitle minus item (9) of § 5–201(l) of this subtitle.
“Maximum local share” equals the local wealth multiplied by the State average education effort.
“State average education effort” equals the local share of major education aid for all counties divided by the wealth of all counties and rounded to the nearest seven decimal places.
A county is eligible for the education effort adjustment if the education effort index is greater than 1 for 2 consecutive fiscal years.
Subject to subsection (a) of this section, the required local share of major education aid is reduced by the amount provided by the State under this subsection.
For each county, if the education effort index is greater than 1 but less than 1.15, the State shall distribute to the county board the following proportion of the education effort adjustment and the county shall provide the remainder:
For fiscal year 2022, 10%;
For fiscal year 2023, 15%;
For fiscal year 2024, 20%;
For fiscal year 2025, 25%;
For fiscal year 2026, 30%;
For fiscal year 2027, 35%;
For fiscal year 2028, 40%;
For fiscal year 2029, 45%; and
For fiscal year 2030 and each fiscal year thereafter, 50%.
For each county, if the education effort index is at least 1.15 but less than 1.27, the State shall distribute to the county board the following proportion of the education effort adjustment and the county shall provide the remainder:
For fiscal year 2022, 20%;
For fiscal year 2023, 20%;
For fiscal year 2024, 35%;
For fiscal year 2025, 45%;
For fiscal year 2026, 55%;
For fiscal year 2027, 65%;
For fiscal year 2028, 75%;
For fiscal year 2029, 85%; and
For fiscal year 2030 and each fiscal year thereafter, 100%.
For each county, if the education effort index is at least 1.27, for fiscal year 2022 and each fiscal year thereafter, the State shall distribute to the county board 100% of the education effort adjustment.
Except as provided in paragraph (2) of this subsection and subject to the limitation in subsection (a) of this section, the local share of major education aid shall be reduced by the amount of State funds provided to a county board under § 5–214 of this subtitle.
For Baltimore City, the local share of major education aid may be reduced only by the amount by which the State funds provided under § 5–214 of this subtitle exceeds $10,000,000.
Subject to the limitation in subsection (a) of this section, the local share of major education aid shall be reduced by:
The sum of the amount of State funds provided to a county board in a county that is eligible for the minimum State funding under the foundation program as defined in § 5–201(q)(2) of this subtitle and the difference between the local share of the foundation program and the foundation program; and
The amount by which the sum of the State share and local share of the at–promise programs as defined in § 5–221 of this subtitle exceeds the total program amount as defined in § 5–221 of this subtitle for each program.
Subject to the limitation in subsection (a) of this section, the local share of major education aid for counties with an index of at least 0.130 under § 5–216 of this subtitle shall be reduced by the amount equal to 50% of the local share calculated under § 5–216 of this subtitle.
Beginning in fiscal year 2021, the Governor shall appropriate in the annual budget $6,500,000 to the Department for the purpose of providing grants to maintain or establish school–based health centers.
The Department shall designate a primary contact employee for school–based health centers.
The Department’s primary contact employee shall:
Assist individuals involved in school–based health centers who interact with the Department;
Provide technical assistance to support the establishment and expansion of school–based health centers; and
Coordinate the Department’s efforts with those of the Maryland Department of Health and other government agencies to build a robust network of school–based health centers in the State.
The Maryland Department of Health shall designate a primary contact employee for school–based health centers.
The Maryland Department of Health’s primary contact employee shall:
Assist individuals involved in school–based health centers who interact with the Maryland Department of Health;
Provide technical assistance to support the establishment and expansion of school–based health centers; and
Coordinate the Maryland Department of Health’s efforts with those of the Department and other government agencies to build a robust network of school–based health centers in the State.
The amount appropriated under subsection (a) of this section shall be in addition to the amount appropriated in fiscal year 2020.
The Governor shall include in the annual budget bill funding sufficient to carry out the Blueprint for Maryland’s Future in accordance with the following sections:
§§ 5–411 and 5–412 of this title;
§§ 6–122, 6–124, 6–1008, and 6–1011 of this article;
§§ 7–202.1, 7–205.1, and 7–446.1 of this article; and
§ 21–207 of this article.
In this section the following words have the meanings indicated.
“Initiative” means the Maryland Early Literacy Initiative.
“Interventionist” means a trained professional whose primary responsibility is to deliver evidence–based early literacy intervention.
“Literacy program” means a literacy program implemented by an interventionist.
“Nonprofit organization” means a nonprofit organization that:
Is based in the State;
Is incorporated or registered under the laws of the State;
Is exempt from federal income tax under § 501(c)(3), (4), or (6) of the Internal Revenue Code;
Is current in the payment of all tax obligations to the State or any unit or subdivision of the State; and
Has been in active business for 3 years or more at the time of the application submitted under this section; or
Has a fiscal sponsor who can meet the requirements of this section.
“Participating student” means a student:
In prekindergarten through eighth grade; or
Who performs below a certain score, as determined by the Department, on the assessment the Department uses to assess reading level.
“Qualifying school” means a public school categorized by the local school system as a Title I school.
There is a Maryland Early Literacy Initiative in the Department.
The purpose of the Initiative is to assist up to 50 qualifying schools to implement an evidence–based literacy program in the school to work with participating students to meet literacy proficiency targets by the end of eighth grade or other literacy targets as determined by the Department.
The Initiative shall be established in at least three counties.
The Initiative shall be developed and administered by the Department.
For the 2018–2019 school year through the 2021–2022 school year, a qualifying school may apply to the Department to receive a grant for the qualifying school to develop a literacy program that is in furtherance of the purpose of the Initiative.
A qualifying school may apply for a grant only if the county superintendent endorses the school’s grant application.
A qualifying school may coordinate and partner with other qualifying schools in the county to jointly apply for a grant to develop a literacy program among the partnering qualifying schools.
A county board may apply on behalf of one or more qualifying schools in the county.
An application shall:
Identify whether the qualifying school will work in collaboration with a nonprofit organization or the county board to implement the literacy program;
Provide the name and qualifications of the nonprofit organization, if the qualifying school will work in collaboration with a nonprofit organization;
Include a description of:
The literacy program to be implemented at the qualifying school;
The training that will be provided to the interventionist to provide the services under this section; and
How the literacy program will meet the requirements under subsection (d) of this section; and
Include any other information required by the Department.
If the number of applications exceeds the number of available grants, the Department shall give priority in awarding grants to a qualifying school serving a high concentration of students living in poverty in prekindergarten through third grade.
A literacy program developed under the Initiative shall:
Provide early literacy intervention services for participating students;
Require participating students to receive direct services at least twice a week;
Have clear literacy targets at each grade level for participating students;
Have benchmark assessments multiple times a year to identify students who need one–on–one interventions; and
Collect data on student progress at least monthly.
The literacy program developed at a qualifying school under the Initiative shall be implemented by staff hired and supervised by the collaborating nonprofit organization or the county board.
For fiscal years 2019 through 2022, the Governor shall include in the annual budget bill an appropriation of $2,500,000 to the Department for the Initiative.
The Department may retain up to 3% of the appropriation required to be included in the annual budget bill under subparagraph (i) of this paragraph to hire staff necessary to administer the Initiative.
The Department shall distribute up to 50 grants for a 2–year period.
In awarding grants under the Initiative, the Department shall make every effort to ensure that qualifying schools use literacy programs that utilize various evidence–based approaches and methodologies for:
Comparison purposes; and
The collection of multiple data points for long–term review.
A grant made to each qualifying school may not exceed $75,000 each year.
A grant made under this section shall be renewed by the Department after a 2–year period if the qualifying school presents evidence that the qualifying school is:
In compliance with this section; and
Meeting identified targets and benchmarks.
Each qualifying school may apply for and accept donations, grants, or other financial assistance from a governmental entity, a nonprofit organization, or any other private organization to benefit the literacy program.
On or before July 1, 2018, the Department shall adopt regulations necessary to carry out the provisions of this section.
On or before December 1, 2022, the Department shall submit an evidence–based report summarizing the status of efforts under the Initiative, including recommendations to increase the success of the Initiative, to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means.
In this section, “Fund” means the Maggie McIntosh School Arts Fund.
There is a Maggie McIntosh School Arts Fund.
The purpose of the Fund is to provide grants to public schools in Baltimore City to purchase art supplies for classrooms.
Arts Every Day shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Revenue distributed to the Fund under § 9–120(b)(1)(viii) of the State Government Article;
Money appropriated in the State budget to the Fund;
Interest earnings or other income earned from the investment of any money from the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund shall be used to expand the arts curriculum for students in public schools in Baltimore City with grants to:
Purchase art supplies for classrooms; and
Provide arts experiences.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
In this subtitle, “Interagency Commission” means the Interagency Commission on School Construction established under § 5–302 of this subtitle.
There is an Interagency Commission on School Construction.
The Interagency Commission is an independent unit of State government.
The purpose of the Interagency Commission is to develop and approve policies, procedures, guidelines, and regulations on State school construction allocations to local jurisdictions in an independent and merit–based manner.
The Interagency Commission consists of the following members:
The State Superintendent of Schools, or the Superintendent’s designee;
The Secretary of Planning, or the Secretary’s designee;
The Secretary of General Services, or the Secretary’s designee;
Two members of the public appointed by the Governor;
Two members of the public appointed by the President of the Senate; and
Two members of the public appointed by the Speaker of the House.
The Governor, President of the Senate, and Speaker of the House jointly shall select the Chair of the Interagency Commission.
An appointed member of the Interagency Commission may not be:
An individual who is a regulated lobbyist as described in § 5–702(a)(1), (2), (3), or (4) of the General Provisions Article;
A federal, State, or local elected official;
An employee of State or county government or a county board of education; or
An individual who has a business interest in, or contracts related to, school construction in any jurisdiction in the State.
An appointed member of the Interagency Commission may be removed for incompetence, misconduct, or failure to perform the duties of the position by:
The Governor, if appointed by the Governor;
The President of the Senate, if appointed by the President of the Senate; or
The Speaker of the House, if appointed by the Speaker of the House.
An appointed member of the Interagency Commission:
May not receive compensation as a member of the Commission; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Interagency Commission is a public body and subject to Title 3 of the General Provisions Article.
Deliberations and decisions regarding the eligibility of projects and allocation of funding shall be considered quasi–legislative functions for the purposes of the Open Meetings Act.
The Interagency Commission may employ staff, including contractual staff, in accordance with the State budget.
The Interagency Commission shall appoint an Executive Director of the Interagency Commission.
The Department or any other State agency may lend its employees to serve as the staff for the Interagency Commission.
These employees shall be paid by the agency that employs them.
The Interagency Commission shall define by regulation what constitutes an eligible and ineligible public school construction or capital improvement cost.
Except as provided in paragraph (4) of this subsection, in order for the cost of an item or a system funded with the proceeds of general obligation bonds to be considered an eligible cost, it must have a median useful life of at least 15 years.
The Interagency Commission shall include modular construction as an approved public school construction or capital cost.
The Interagency Commission shall adopt regulations that:
Define modular construction; and
Establish the minimum specifications required for approval of modular construction as a public school construction or capital improvement cost.
The cost of acquiring land may not be considered a construction or capital improvement cost and may not be paid by the State.
The Interagency Commission shall adopt regulations for the Public School Construction Program that:
Include architectural, engineering, consulting, and other planning costs as eligible public school construction or capital improvement costs for a project or improvement that has received local planning approval from the Interagency Commission; and
Define eligibility for all furniture, fixtures, and equipment with a median useful life of at least 15 years.
The Interagency Commission, in consultation with the Department of General Services and the Department of Housing and Community Development, shall adopt regulations establishing criteria designed to enhance indoor air quality for the occupants of relocatable classrooms constructed after July 1, 2014, that are purchased or leased using State or local funds, including specifications that:
Require each unit to include appropriate air barriers to limit infiltration;
Require that each unit be constructed in a manner that provides protection against water damage through the use of proper roofing materials, exterior sheathing, water drainage systems, and flashing;
Require that each unit provide continuous forced ventilation when the unit is occupied;
Require each unit to include a programmable thermostat;
Require each unit to be outfitted with energy efficient lighting and heating and air–conditioning systems; and
Mandate that each unit be constructed with building materials that contain low amounts of volatile organic compounds (VOC) in accordance with industry standards.
The State shall pay the costs in excess of available federal funds of the State share of public school construction projects and public school capital improvements in each county if:
The projects or improvements have been approved by the Interagency Commission; and
Contracts have been executed on or after July 1, 1971, for the projects or improvements.
The Interagency Commission may adopt regulations for the administration of the programs provided for in this section.
The regulations adopted by the Interagency Commission may contain requirements for:
The submission of other data or information that is relevant to school construction or capital improvement;
The approval of sites, plans, and specifications for the construction of new school buildings or the improvement of existing buildings;
Site improvements;
Competitive bidding;
The hiring of personnel in connection with school construction or capital improvements;
The actual construction of school buildings or their improvements;
The relative roles of different State and local governmental agencies in the planning and construction of school buildings or school capital improvements;
School construction and capital improvements necessary or appropriate for the proper implementation of this section;
The establishment of priority public school construction programs;
Development of cooperative arrangements that permit the sharing of facilities among two or more school systems;
The selection of architects and engineers by school systems;
The award of contracts by school systems;
Methods of payments made by the State under the Public School Construction Program; and
The use of a standard statewide computerized maintenance management system for school facilities maintenance work order tracking and reporting.
The regulations adopted by the Interagency Commission shall contain provisions:
Subject to paragraph (6) of this subsection and subsection (k) of this section, establishing a State and local cost–share formula for each county that identifies the factors used in establishing the formulas and the actual State and local cost–share percentages by the formula for each county;
Requiring local education agencies to adopt educational facilities master plans and annual capital improvement programs;
Subject to subsection (l) of this section, providing a method for establishing a maximum State award for each project approved for State funding;
Referencing the policies stated in § 5–7B–07 of the State Finance and Procurement Article;
Requiring local school systems to adopt procedures consistent with the minority business enterprise policies of the State as required under the Code of Maryland Regulations;
Establishing a process for appeal of Interagency Commission decisions, including an appeal process specifically for approved enrollment projections for individual projects to the full Interagency Commission;
Requiring local education agencies to adopt, implement, and periodically update comprehensive maintenance plans and preventative maintenance plans;
Authorizing the Interagency Commission to withhold State public school construction funds from a local education agency that fails to comply with the requirements of item (vii) of this paragraph;
Requiring the development and submission of long–range plans, including a requirement for the annual submission of a 10–Year Educational Facilities Master Plan; and
Requiring the submission of an annual Capital Improvement Program, which may only be required to include plans for specific projects and requests for planning and construction projects for the upcoming fiscal year.
In adopting any of these requirements, the State Board and the Interagency Commission shall provide for the maximum exercise of initiative by school personnel in each county to ensure that the school buildings and improvements meet both the needs of the local communities and the rules and regulations necessary to ensure the proper operation of this section and the prudent expenditure of State funds.
The Interagency Commission shall:
Update the regulations required under paragraph (3)(i) of this subsection every 2 years; and
When updating the regulations in accordance with item (i) of this paragraph, limit the percentage decrease in the State share of school construction costs to not more than 5% for each county.
When adopting the State and local cost–share formula under paragraph (3)(i) of this subsection, the Interagency Commission shall set the State share at 100% for the Maryland School for the Blind.
The Interagency Commission shall develop the rules, regulations, and procedures authorized by this section in consultation with representatives of the county boards and the county governing bodies.
The regulations and procedures of the Interagency Commission adopted under this section and their promulgation are exempt from § 8–127(b) of the State Finance and Procurement Article.
With respect to public school construction or public school capital improvements, including sites for school buildings, the authority, responsibilities, powers, and duties of the following are subject to the regulations adopted by the Interagency Commission under this section:
The State Board;
The State Superintendent;
The county governments;
The county boards; and
All other State or local governmental agencies under this article.
If, as to public school construction or public school capital improvements, there is any conflict between the regulations and procedures of the Interagency Commission and the authority, responsibilities, powers, and duties of the individuals and agencies specified in paragraph (1) of this subsection, the regulations and procedures of the Interagency Commission shall prevail.
The obligation of the State to pay the costs of public school construction and public school capital improvements extends only to those projects or parts of projects that comply with the regulations and procedures of the Interagency Commission.
The Interagency Commission may not partially fund an eligible school construction project for a systemic renovation unless the local education agency has requested partial funding.
This subsection does not apply to the proceeds from the sale, lease, or disposition of public school buildings constructed under contracts executed before February 1, 1971.
Consistent with § 4–115 of this article and regulations adopted by the Interagency Commission to implement § 4–126 of this article, the Interagency Commission may require by regulation that the portion of the proceeds received by a county from the sale, lease, or disposal of any public school building that represent State funds provided within 15 years prior to the date of the transaction shall be used solely as part of the State funding of the construction of future public school buildings in the county in which the sale, lease, or disposal occurred, if the public school building was constructed under a contract executed on or after February 1, 1971.
The part of the proceeds from the sale, lease, or disposal of a public school building that fairly represents the appraised value of land and that part of the cost of the public school building that was funded by the county shall remain as the funds of the county.
A transfer of interest in a public school building in connection with a financing of the cost of construction and improvements to such buildings is not a sale, lease, or disposal of the public school facility.
Whether by budget bill or supplementary appropriation bill, all money appropriated to carry out the purposes of this section is a separate fund that shall be administered by the State Comptroller in accordance with the regulations adopted by the Interagency Commission.
Subject to paragraph (3) of this subsection, any unexpended allocations of funds for previously approved projects shall be transferred to the fund established under paragraph (1) of this subsection.
Any funds approved for a county for a project that has not been contracted for within 2 years of the approval of the project, shall be:
Available for another eligible project in the county in the current fiscal year; or
Reserved for eligible projects in the county in the next fiscal year, in addition to the new funds allocated for eligible projects in the county in the next fiscal year, and may not supplant new funds allocated in the next fiscal year or in later fiscal years.
Any funds reserved under subparagraph (i)2 of this paragraph that have not been used to contract for a project within 2 years of the date the funds were reserved shall be available for allocation to an eligible project in any county.
On or before February 28, May 31, August 31, and November 30 each year, the Interagency Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, and the Department of Legislative Services on the balance in the fund as of the last day of the immediately preceding quarter as the result of transfers or reversions required under this subsection and any expenditures.
A county is eligible for an adjustment to the local cost–share for school construction projects under paragraph (2) of this subsection if:
A county’s median household income is in the bottom quartile in the State; and
The State and local cost–share formula for the county is 50% State and 50% local.
The local cost–share of a school construction project in a county that is eligible under paragraph (1) of this subsection shall be reduced to equal the local cost–share of the adjacent county that is less than 50% but closest to 50%.
The State cost–share of a school construction project in the eligible county shall be increased by a percentage that is equal to the reduction under subparagraph (i) of this paragraph.
A county shall receive:
A 10 percentage point increase in the State share of a school construction project if the proposed school construction project, when a local school system submits a project for approval to the Interagency Commission, is at a school with a concentration of poverty level, as defined in § 5–223 of this title, of 80% or greater;
A 5 percentage point increase in the State share of a school construction project if the proposed school construction project, when a local school system submits a project for approval to the Interagency Commission, is at a school with a concentration of poverty level, as defined in § 5–223 of this title, of less than 80% but greater than 55%;
A 5 percentage point increase in the State share of a school construction project if the proposed school construction project is at a school that, in the most recent school maintenance effectiveness assessment by the Interagency Commission, received an assessment rating of:
Good;
Superior; or
Adequate and the school’s current school facility assessment percent of expected useful life is at least 120%; and
A 5 percentage point increase in the State share of a school construction project if the proposed project is to build a net–zero school.
The Interagency Commission may make an eligible enrollment deduction for an adjacent school when calculating the maximum State construction allocation for a project approved for State funding under subsection (d)(3)(ii) of this section only if the sum of available seat count in all adjacent schools is 15% or more of the project school’s enrollment.
The Interagency Commission shall prepare projections of school construction and capital improvement needs for submission to the Capital Debt Affordability Committee under § 8–112(c)(3) of the State Finance and Procurement Article.
The projections shall be prepared in accordance with the regulations adopted by the Interagency Commission under § 5–303 of this subtitle.
The Interagency Commission shall notify each county board and each local governing body of the annual allocation of school construction funds recommended by the Governor under § 8–113 of the State Finance and Procurement Article.
The notification shall be made immediately after the Governor has recommended the allocations so that each county may structure its respective school construction and capital improvement priorities in accordance with the annual allocation and any amendments.
Before May 1 each year, the Interagency Commission may not approve public school construction projects that comprise more than 75% of the preliminary school construction allocation, determined under § 8–113 of the State Finance and Procurement Article, for the following fiscal year.
On or before March 1 each year, the Interagency Commission shall provide recommendations to the presiding officers and the budget committees of the General Assembly and the Department of Legislative Services for public school construction projects that comprise 90% of the school construction allocation included in the capital budget submitted by the Governor for the following fiscal year.
The Interagency Commission shall establish an appeal process to allow local jurisdictions to request funding for projects that were not approved by the Interagency Commission under subparagraph (i) of this paragraph.
On or after May 1 each year, the Interagency Commission shall approve 100% of the school construction allocation included in the capital budget bill as enacted.
On or before November 30 each year, the Interagency Commission shall provide to each county board and each local governing body a report containing the following information for each project that a local education agency has requested for State funding in the capital budget bill:
The status of the request; and
If available, the maximum State award estimated or adopted by the Interagency Commission.
On or before December 31 and January 31 each year, the Interagency Commission shall provide to each county board and each local governing body a report containing the following information for each project that a local education agency has requested for State funding in the capital budget bill:
The status of the request;
If available, the maximum State award estimated or adopted by the Interagency Commission; and
The projected 100% capital award.
The following actions by the Interagency Commission are final and are not subject to additional appeals or approvals by another unit of the Executive Branch of State government:
A decision made by the Interagency Commission under the appeal process established by the Interagency Commission; and
The approval of public school construction projects under this subtitle.
The Interagency Commission shall allow any documents or data required by the Interagency Commission from any source, including local education agencies and State agencies, to be submitted electronically to the Interagency Commission.
The Interagency Commission shall be a central repository for information on:
The use of pre–fab and building system options;
Procurement methods;
School facility design and construction; and
Best practices in school construction.
In consultation with the Maryland Stadium Authority, the Interagency Commission shall:
Provide technical assistance and support to local education agencies on the use of alternative financing and alternative project delivery methods for school construction;
Develop a public–private partnership pilot program that:
Provides financial assistance that shall be supplemental to and may not take the place of funding that would otherwise be appropriated for school construction to assist local education agencies interested in pursuing alternative financing to cover the cost of associated risks; and
Requires local education agencies that use alternative financing to fully document the process, expectations, and results;
Provide technical support for agreements between and among local education agencies and county governing bodies, including regional partnerships, to promote efficiency;
Utilize and promote technological advances to make school building design more efficient and innovative; and
Utilize and promote technology to streamline compliance review and project deliveries.
The Interagency Commission shall work with a local education agency with declining enrollment to identify buildings for consolidation or find alternative uses for underutilized school buildings, subject to the approval of the county board.
Each county board shall keep:
All money for the construction of public school buildings and public school facilities and the purchase of land for public schools in a separate account from that used for current expenses; and
A separate and independent accounting system for all public school construction money.
In Anne Arundel County, the county board may borrow from one fund to meet temporary cash requirements of another fund or to reimburse another fund for services performed.
This borrowing or reimbursement is subject to the county charter.
Notwithstanding any other provision of law, the Anne Arundel County Board may include capital projects that are to be funded over a period of 2 fiscal years in the capital budget, whether or not part of the funding period falls in a calendar year that is an election year for county officials.
This section supplements the provisions of §§ 5–101 through 5–107 of this title and does not supersede or impair those provisions.
Before December 1 of each odd–numbered calendar year, the Montgomery County Board shall prepare and submit to the Montgomery County Executive a 6–year capital improvements program.
The capital improvements program shall include:
A statement of the objectives of the capital programs and the relationship of these programs to the long–range development plans adopted by the county;
Recommended capital projects and a proposed construction schedule;
An estimate of cost and a statement of all funding sources; and
All anticipated capital projects and programs of the county board, including substantial improvements and extensions of projects previously authorized.
The County Executive shall include the 6–year program of the county board, with the recommended revisions and modifications of the County Executive, in the comprehensive 6–year program submitted each even–numbered calendar year to the Montgomery County Council under § 302 of the Montgomery County charter.
On or before adoption of its annual budget and appropriations resolution in each even–numbered calendar year, the County Council shall adopt a 6–year capital improvements program for the county board as a part of the comprehensive 6–year program.
This 6–year capital improvements program shall be adopted after public hearings on the 6–year programs or capital budgets of the county and other agencies.
In its adoption, the County Council may make amendments, revisions, and modifications.
The County Council may amend an approved capital improvements program at any time by an affirmative vote of six council members.
Any amendment, revision, or modification may not become final until it is submitted to the county board for written comment with at least 30 days’ notice.
The Interagency Commission shall assist the Prince George’s County Board of Education in developing an education facility master plan that encourages and supports the neighborhood school concept to improve the quality of education for all students in Prince George’s County.
The education facility master plan under subsection (a) of this section shall be updated annually.
To the extent the Prince George’s County Board of Education and the county consider appropriate, the neighborhood school concept of the education facility master plan may include interagency utilization of neighborhood schools, including joint use of school facilities and property of:
The Maryland–National Capital Park and Planning Commission;
The Prince George’s County library system;
The Prince George’s County Health Department;
The Prince George’s County Police Department;
The Prince George’s County Department of Social Services; and
The Prince George’s County Department of Family Services.
Notwithstanding any other provision of law, the Prince George’s County Board of Education may construct a school facility planned for joint use by the county board and a public agency listed in subsection (c) of this section on property owned by a public agency other than the county board.
Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and Procurement Article, the State may not require reimbursement of debt service from a county for a school that:
Was initially constructed on or before February 1, 1971;
Is no longer used for a purpose that is eligible for State funding for public school construction;
Has had title transferred to a county government; and
Is being used for local governmental purposes other than public education; provided, however, that if a former school building is sold by a county government the State shall be reimbursed for outstanding debt service, and if more than 10 percent of usable space within a former school is rented for an amount exceeding the cost of operating and maintaining such space, such rental profit shall be used toward retiring outstanding bonded indebtedness.
Subject to subsection (c) of this section, this State shall require reimbursement of outstanding debt service from a county for a school that:
Was constructed under this subtitle;
Was initially constructed or substantially altered by additions, alterations, or renovations and the cost of the construction at the time of execution exceeded $100,000 and the work was accomplished after February 1, 1971;
Is no longer used for a purpose that is eligible for State funding for public school construction;
Has had title transferred to a county government;
Is being used for local governmental purposes by the State or a county or by any instrumentality of the State or county other than public education; and
Has outstanding debt which exceeds $5,000.
A county government is not required to reimburse the State for outstanding debt service for a school building that is transferred to the county government in accordance with subsection (b) of this section until 5 years after the school building is transferred.
After the 5–year period in paragraph (1) of this subsection ends, the county government shall reimburse the State for outstanding debt service for a school building in the amount that the county government would have been required to pay when the school building was transferred to the county.
It is the intent of the General Assembly that the Department and the Public School Construction Program encourage local education agencies to reuse recently used school designs, when educationally appropriate and cost effective over the useful life of the project, within each county and across local school system boundaries.
The Interagency Commission on School Construction shall develop and provide incentives for local education agencies to use prototype school designs.
The incentives to use prototype school designs may include expedited State review of projects.
In this subsection, “net–zero” means that the total amount of energy used by a building on an annual basis is equal to or less than the amount of renewable energy created on the site.
The Interagency Commission shall establish incentives for:
The construction of net–zero school buildings; and
The use of energy efficient or other preferred materials in public school construction.
The incentives established under subsections (b) and (c) of this section shall be supplemental to and are not intended to take the place of funding that otherwise would be appropriated to local education agencies for school construction.
Before the Interagency Commission may provide any incentives established in accordance with subsection (b) or (c) of this section, the Interagency Commission shall:
Notify the budget committees of the General Assembly in writing of the proposed incentives; and
Allow the budget committees 30 days to review and comment on the proposed incentives.
In this section the following words have the meanings indicated.
“Educational facilities sufficiency standards” means a uniform set of criteria and measures for evaluating the physical attributes and educational suitability of public elementary and secondary school facilities in the State.
“Facility condition index” means a calculation to determine the relative physical condition of public school facilities by dividing the total repair cost of a facility by the total replacement cost of a facility.
Each fiscal year, the Interagency Commission shall conduct a maintenance effectiveness assessment on school buildings identified by the Department.
The Interagency Commission shall include in the assessment of individual school buildings a process to incorporate maintenance data for individual school buildings.
The Interagency Commission shall conduct a statewide facilities assessment of individual school buildings.
The Interagency Commission shall include in the assessment of individual school buildings a process for a local education agency to report, at least once every 4 years in accordance with a schedule developed by the Interagency Commission, additional information that is relevant to the assessment, including a place in the Master Facility Asset Library System for the local education agency to:
Report, in accordance with the schedule developed by the Interagency Commission, to the Interagency Commission on deficiencies in a school building, even if an assessment of the school building was not completed in accordance with this paragraph in the immediately preceding year;
Identify spaces in a school building likely to have been painted with lead paint; and
Report certification of the Asbestos Hazard Emergency Response Act plan for the space.
The statewide facilities assessment shall include data provided by local education agencies, at least once every 4 years in accordance with the schedule developed by the Interagency Commission, on the following items for each school building:
Temperature;
Humidity;
Carbon dioxide level;
Acoustic levels;
Lead paint;
Asbestos;
Kitchen sanitary equipment;
Lighting;
Emergency communication system, with respect to remaining useful life;
Health room attributes;
Safety equipment in each laboratory space; and
The functionality of:
Heating, ventilation, and air–conditioning building systems;
Life safety building systems;
Roofs; and
Any additional critical building systems identified by the Interagency Commission.
During an inspection conducted as a part of the statewide facilities assessment, if an item under subparagraph (iii)1 through 6 of this paragraph rises to such a severe level that requires the school to be closed, the local education agency shall submit a plan to the Interagency Commission on how to address the issue and the Interagency Commission shall work to prioritize funding to address the issue.
On or before October 1 each year, the Interagency Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the maintenance effectiveness assessment for the immediately preceding fiscal year.
On or before November 1 each year, the Interagency Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the statewide facilities assessment for the immediately preceding fiscal year.
On or before July 1, 2018, in consultation with local education agencies, the Interagency Commission on School Construction shall adopt educational facilities sufficiency standards and a facility condition index for Maryland public schools.
The purpose of the educational facilities sufficiency standards is to establish uniform standards for the assessment of the physical attributes, capacity, and educational suitability of public school facilities in Maryland.
The standards shall include at least the following categories:
Building condition related to life safety and health;
Building systems;
Building capacity and utilization, including the ability to house students in permanent space;
Academic space, including specialty classroom space; and
Physical education and outdoor recreational space.
The Interagency Commission shall periodically review and update the educational facilities sufficiency standards.
On or before July 1, 2019, the Interagency Commission shall complete an initial statewide facilities assessment using the educational facilities sufficiency standards adopted under subsections (c) and (d) of this section.
In completing the assessment the Interagency Commission shall:
Incorporate the facility condition index adopted under subsection (c) of this section;
Contract with an independent third–party vendor to conduct data collection and assessment;
Utilize, to the extent possible, existing data sources, including the Educational Facilities Master Plan and the Maryland Association of Boards of Education; and
Coordinate with local education agencies to identify data elements to be used in the facility assessment.
Following the completion of the initial statewide facilities assessment, the Interagency Commission shall develop standards and procedures to comprehensively update the facilities assessment such that facility assessment data is not older than 4 years.
Local education agencies shall:
Cooperate with the Interagency Commission to update the facility assessment; and
Contribute data as requested to update the assessment.
The Interagency Commission shall enter the facility assessment data into an integrated data system, which shall be known as the Integrated Master Facility Asset Library.
The Interagency Commission shall manage the Integrated Master Facility Asset Library and shall provide access to the Library for all local education agencies using a cloud–based system.
The Integrated Master Facility Asset Library shall include preventive maintenance schedules accessible to each local education agency.
Except as provided in paragraph (2) of this subsection, the Interagency Commission may not use any facility assessment data until the Interagency Commission establishes the Integrated Master Facility Asset Library.
After the Interagency Commission has established the Integrated Master Facility Asset Library, and on or after May 1, 2026, the Interagency Commission shall adopt regulations establishing the use of the facility assessment results in annual school construction funding decisions beginning not sooner than fiscal year 2027.
Before the Integrated Master Facility Asset Library is established, the Interagency Commission may use facility assessment data to:
Provide context to programs the Interagency Commission administers;
Work with local education agencies;
Fulfill legislative requests;
Complete any Interagency Commission analysis or report; and
Assist with any external reports.
Except as provided in § 5–314(e) of this subtitle, each county board shall develop and adopt preventative maintenance schedules based on industry standards for the public school facilities within the jurisdiction of the county board.
On or before July 1 each year, each county board shall report to the Interagency Commission on the board’s compliance with the preventative maintenance schedules adopted under this subsection.
The information reported in accordance with paragraph (2) of this subsection shall be entered into the Integrated Master Facility Asset Library.
The Interagency Commission shall adopt facility mapping standards for the uniform mapping of the physical attributes of public schools in the State.
Local school systems shall:
Cooperate with the Interagency Commission in the development of uniform mapping standards; and
Contribute data as requested by the Interagency Commission.
On or before July 1 of each year, the Department of General Services shall provide a report to the Department and each local education agency that describes existing State purchasing contracts that local education agencies may use to purchase school furniture, equipment, commodities, and services.
In this section, “high performance building” has the meaning stated in § 3–602.1 of the State Finance and Procurement Article.
This section applies to the construction of new schools that have not initiated a Request For Proposal for the selection of an architectural and engineering consultant on or before July 1, 2009.
Except as provided in subsection (d) of this section, a new school that receives State public school construction funds shall be constructed to be a high performance building.
The Interagency Commission shall establish a process to allow a school system to obtain a waiver from complying with subsection (c) of this section.
The waiver process shall:
Include a review by the Interagency Commission to determine if the construction of a high performance building is not practicable; and
Require the approval of a waiver by the Interagency Commission.
For fiscal years 2010 through 2014 only, the State shall pay 50% of the local share of the extra costs, identified and approved by the Interagency Commission, that are incurred in constructing a new school to meet the high performance building requirements of this section.
The Interagency Commission shall adopt regulations to implement the requirements of this section.
Beginning July 1, 2022, each school district shall adopt or update a school district energy policy.
A school district energy policy must:
Address the purchasing, conservation, and efficiency of energy for the school district;
Provide for the monitoring and reporting of:
The amount of electricity used from renewable energy sources;
The percentage of the school district’s annual electricity use that is from renewable energy sources; and
The school district’s overall electricity use by source and square foot; and
Include current and historical data on the school district’s energy use by square foot.
In adopting or updating a school district energy policy, each school district is encouraged to set targets to increase the school district’s use of renewable energy and reduce the school district’s greenhouse gas emissions.
The school district energy policy shall be:
Posted on the school district’s website; and
Updated every 3 years.
On or before January 1, 2022, the Interagency Commission shall coordinate with the Department of the Environment and the Maryland Energy Administration to develop a standardized reporting template that school districts can use to report on:
The amount of electricity from renewable energy sources that the school district used;
The percentage of the school district’s annual electricity use that is from renewable energy sources; and
The school district’s overall electricity use by:
Source;
Square foot; and
Individual school, if possible.
In this section the following words have the meanings indicated.
“Program” means the Capital Grant Program for Local School Systems With Significant Enrollment Growth or Relocatable Classrooms.
“Significant enrollment growth” means full–time equivalent enrollment growth in a local school system that has exceeded 150% of the statewide average over the past 5 years.
“Significant number of relocatable classrooms” means an average of more than 250 relocatable classrooms in a local school system over the past 5 years.
There is a Capital Grant Program for Local School Systems With Significant Enrollment Growth or Relocatable Classrooms.
The purpose of the Program is to provide grants for public school construction in local school systems that are experiencing significant enrollment growth or a significant number of relocatable classrooms.
The Program shall be implemented and administered by the Interagency Commission on School Construction in accordance with this section.
Grants awarded by the Interagency Commission under the Program shall be matched by local funds equal to the required local cost–share established in accordance with § 5–303(d)(3) of this subtitle.
The Interagency Commission shall:
Provide grants from State funds dedicated for the Program to county boards for public school construction in local school systems that are experiencing significant enrollment growth or a significant number of relocatable classrooms;
Develop a procedure for a county board to apply for a grant under the Program;
Develop eligibility requirements for a county board to receive a grant under the Program, including a requirement for a county board to provide funds to match a grant award;
For the first $40,000,000 of grants, develop a process to allocate grant awards under the Program that allocate funds based on each eligible county board’s proportionate share of the total full–time equivalent enrollment of the county boards that are eligible to participate in the Program; and
After the allocation of grants under item (4) of this subsection, for the remaining grants, develop a process to allocate grant awards under the Program that allocates funds based on each eligible county board’s proportionate share of percentage of enrollment growth above the statewide average percentage.
In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor annually shall provide an additional amount as follows in the operating budget or capital improvement program of the Public School Construction Program that may be used only to award grants under the Program:
In fiscal year 2016, $20,000,000;
In each of fiscal years 2017 through 2026, $40,000,000; and
In fiscal year 2027 and each fiscal year thereafter, $80,000,000.
The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source.
The Interagency Commission shall adopt procedures necessary to implement this section.
Notwithstanding § 2–303(f) of this article, the process for the review and approval of public school construction projects shall be in accordance with the provisions of this section.
This section applies only to construction projects and systemic renovation projects that cost more than $1,250,000 and:
Have received State funding, or for which a local education agency will be requesting State funding; or
That replace or make changes to a heating, ventilation, or air–conditioning system that are not like–for–like replacements of system components.
At least once every 4 years, the Interagency Commission shall review the cost threshold amount under paragraph (2) of this subsection.
Except as provided in subsection (e) of this section, educational specifications and schematic designs for applicable construction projects that will affect the plan configuration of student–occupied spaces in a school building or on its grounds are required to:
Be reviewed by the Interagency Commission; and
Prior to finalization by a local education agency, have any concerns or recommendations of the Interagency Commission satisfactorily resolved.
To provide efficiency within the process, the Department and the Interagency Commission shall consider altering the review and approval process required under paragraph (1) of this subsection, including a rolling deadline for submission of documents, with schematic designs submitted following the completion of the educational specifications review.
Change orders for applicable construction projects and systemic renovation projects may not be:
Reviewed by the Department of General Services; and
Approved by the Interagency Commission.
A percentage of the State allocation related to change orders may not be withheld.
Local education agencies shall maintain contingency funds for each approved project to address unanticipated construction costs above the State allocation.
Except as provided in subsection (e) of this section, design and construction documents for applicable construction projects and systemic renovation projects are required to be:
Reviewed by the Department of General Services; and
Approved by the Interagency Commission.
The Department of General Services and the Interagency Commission, in consultation with local education agencies, shall develop a timeline for submission, review, and approval of design and construction documents.
The provisions of subsections (b) and (d) of this section and § 5–310(h) of this subtitle do not apply to a local education agency that successfully completes a certification process that meets the requirements of this subsection.
Subject to the review and approval of the Interagency Commission, the Department of General Services shall develop a certification process through which a local education agency is able to demonstrate the expertise and capacity to complete the review of educational specifications, schematic designs, design and construction documents, or preventative maintenance schedule compliance within the county.
The certification process developed by the Department of General Services shall provide for a renewable, 5–year certification for a local education agency that successfully completes the certification process.
School construction projects that are funded entirely with local funds are not required to be reviewed by the Department unless the project substantially alters or expands an existing school building that was built in part with State funds.
If there is any conflict between the provisions of this section and the regulations and procedures of the Interagency Commission, the Department, or the Department of General Services, the provisions of this section shall prevail.
As directed by the Interagency Commission, the State Treasurer shall supervise the distribution of any money that the General Assembly appropriates for public school construction for:
Buildings;
Equipment;
New construction; or
Any other capital expenditure.
In this section, “Program” means the School Safety Grant Program.
There is a School Safety Grant Program.
The purpose of the Program is to provide grants to county boards for school security improvements, including:
Secure and lockable classroom doors for each classroom in the school;
An area of safe refuge in each classroom in the school; and
Surveillance and other security technology for school monitoring purposes.
The Program shall be implemented and administered by the Interagency Commission, in consultation with the Maryland Center for School Safety.
The Interagency Commission shall:
Provide grants to county boards for public school security improvements;
Develop a procedure for a county board to apply for a grant under the Program; and
Develop eligibility requirements for a county board to receive a grant under the Program.
In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor shall provide an additional $10,000,000 in the annual operating or capital budget bill that may be used only to award grants under the Program.
The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source.
The Interagency Commission shall adopt regulations necessary to implement this section.
There is a solar energy pilot program to promote the use of solar energy systems to generate electricity in public school buildings in the State.
The pilot program shall be implemented and administered by the Interagency Commission and shall operate as provided in this section.
The Interagency Commission shall:
Encourage all local boards in the State to study, design, and construct or renovate school buildings that are energy efficient and use solar energy systems to generate electricity to meet some of the school building’s electrical energy needs, electrical energy demand, or a combination of the electrical energy needs and electrical energy demand;
Provide grants out of State funds dedicated for this program to local boards to assist in implementing the use of solar energy systems at existing public schools or in new or renovated school building projects; and
Develop a procedure for a local board to apply for a grant in accordance with subsection (c) of this section.
A local board may apply to the Interagency Commission for a grant to cover 90% of the cost to purchase and install a solar energy system to generate a portion of the school building’s electrical energy needs or electrical energy demand.
A local board that receives a grant under this subsection shall pay:
10% of the cost to purchase and install the solar energy system; and
All architectural or engineering fees for the design and supervision of the installation of the solar energy system.
The Interagency Commission may award a grant under this section for a solar energy system project.
Local school systems are encouraged to seek private funding to implement the pilot program.
The total savings of electrical energy needs and electrical energy demand costs that result from the installation and use of solar energy systems under this section shall remain with the local school system.
The Interagency Commission and the Maryland Energy Administration shall cooperate with, assist, provide technical assistance to, and advise school systems to identify appropriate existing public school buildings and public school construction projects that would benefit from the installation of solar energy systems.
The Interagency Commission shall adopt procedures necessary to implement this section.
The Interagency Commission shall adopt regulations that require the design development documents for the construction or major renovation of school buildings submitted by a county board to the Interagency Commission to include:
An evaluation of the use of solar technologies, including photovoltaic or solar water heating, based on life cycle costs; and
If an evaluation determines that solar technologies are not appropriate for a construction or major renovation project, a report that explains why the use of the technology is not appropriate.
On or before February 28 each year, as provided in § 5–325 of this subtitle, the Interagency Commission shall submit a report on the number of public school construction and major renovation projects in each jurisdiction that used solar technologies or alternative energy systems in the immediately preceding calendar year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
For the purposes of this section, replacement cost shall be determined by the product of the area of a building that is over 40 years old times the current cost per square foot of building construction which may not include:
Specialized costs of demolition;
Site development;
The fees of architects and engineers; or
Air conditioning.
All existing area that is not at least 40 years old shall be excluded from this calculation.
If a county board finds, after preparing feasibility and life cycle cost studies, that it is appropriate and economically beneficial to renovate an existing school building that, in whole or part, has been in continuous educational use for 40 years or more and the cost of the proposed renovation work is not more than the replacement cost of the building or part of a building of the same area and purpose, the Interagency Commission shall consider a request for State funding on the basis of these findings.
Before it is considered for funding, the project shall be:
Justified as to need and continued purpose; and
Included in an annual capital improvement program that has been approved by the Interagency Commission.
The indebtedness of a county may not be considered to be increased by the receipt of money by a county from participation in the General Public School Construction Loan of 1956 or any similar act.
A county may not be required to levy ad valorem taxes on its taxable basis for the purpose of repaying to the State any money received by the county as a result of these acts during the calendar year 1958 or after or the interest or carrying charges with respect to this money.
All money received by a county during the calendar year 1958 or after because of the participation of the county in the General Public School Construction Loan of 1956 or any similar act shall be deducted from the funds due the county under the applicable provisions of State law that relate to the:
Income tax;
Tax on racing;
Recordation tax;
Tax on amusements;
License tax; and
School building construction aid program under § 5–303(c) of this subtitle, provided that money may not be deducted for any general public school construction loans that no longer require repayment by the county under § 5–303(c) of this subtitle.
All obligations in connection with funds received by a county from the General Public School Construction Loan of 1956 or any similar act are self–liquidating obligations, incurred for self–liquidating projects within the meaning of those terms as used in any charter or public general or public local law of this State.
Any law that is inconsistent with the provisions of this section is repealed to the extent of the inconsistency.
In this section, “Fund” means the Healthy School Facility Fund.
There is a Healthy School Facility Fund.
The purpose of the Fund is to provide grants to public primary and secondary schools in the State to improve the health of school facilities.
The Interagency Commission on School Construction shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Any interest earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to primary and secondary schools under this article.
In each of fiscal years 2020 through 2022, the Governor shall appropriate at least $30,000,000 to the Fund.
In fiscal year 2023, the Governor shall appropriate at least $40,000,000 to the Fund.
In each of fiscal years 2024 through 2026, the Governor shall appropriate at least $90,000,000 to the Fund.
For each of fiscal years 2021 through 2026, 50% of the funds appropriated under subparagraphs (i) and (ii) of this paragraph shall be awarded to public schools in Baltimore City.
Subject to subparagraph (ii) of this paragraph, the Interagency Commission on School Construction shall give priority in awarding grants to schools based on the severity of issues in the school, including:
Air conditioning;
Heating;
Indoor air quality;
Mold remediation;
Temperature regulation;
Plumbing, including pipe insulation to reduce condensation in order to prevent mold and the presence of lead in drinking water outlets in school buildings;
Windows;
Roofs; and
Any additional severe issue in the school that required the school to be closed.
The amount of the grant is not required to cover the full cost of the project.
Except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, the Interagency Commission on School Construction shall establish application procedures for school systems to request funds under this section.
The Interagency Commission on School Construction shall establish award procedures to make awards distributed from the Fund not more than 45 days after receiving an application.
The Interagency Commission on School Construction, in consultation with the Department of the Environment, shall establish application procedures for school systems to request funds under this section to assist with the costs of implementing remedial measures to address the presence of lead in drinking water outlets in school buildings.
The application procedures established under subparagraph (i) of this paragraph shall include procedures for prioritizing applications for plumbing projects, with priority first given to applications requesting funds for water fountains or bubblers, and then to applications requesting funds for:
Faucets or taps that are used or potentially used for drinking or food preparation;
Ice makers; or
Hot drink machines.
For Baltimore City, the school system shall establish a procedure to identify schools and submit eligible projects for awards by the Interagency Commission on School Construction for funding provided under subsection (j)(1)(ii) and (iii) of this section.
The Interagency Commission on School Construction shall award grants to schools with eligible projects submitted in accordance with subparagraph (i) of this paragraph.
** IN EFFECT UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2023 **
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
In fiscal year 2006 and in each fiscal year thereafter, the State shall distribute grants from an appropriation in the State budget or general obligation bonds to county boards under the Aging Schools Program administered by the Interagency Commission on School Construction in amounts equal to the funding level calculated under paragraph (2) of this subsection.
In fiscal year 2013 and in each fiscal year thereafter, the funding level for a county is the following amounts for the following counties:
Allegany County ……………………………………....$97,791;
Anne Arundel County …………………………........$506,038;
Baltimore City.................................................... $1,387,924;
Baltimore County.................................................. $874,227;
Calvert County........................................................ $38,292;
Caroline County .......................................................$50,074;
Carroll County ...................................................... $137,261;
Cecil County............................................................ $96,024;
Charles County ....................................................... $50,074;
Dorchester County .................................................. $38,292;
Frederick County .................................................. $182,622;
Garrett County........................................................ $38,292;
Harford County .................................................... $217,379;
Howard County ...................................................... $87,776;
Kent County ........................................................... $38,292;
Montgomery County ............................................ $602,651;
Prince George’s County...................................... $1,209,426;
Queen Anne’s County ............................................. $50,074;
St. Mary’s County ................................................... $50,074;
Somerset County..................................................... $38,292;
Talbot County.......................................................... $38,292;
Washington County ...............................................$134,904;
Wicomico County........................................... $106,627; and
Worcester County.................................................... $38,292.
A county board, during the design development phase for the construction or major renovation of a public school building, shall complete an evaluation of:
The cost and efficiency, based on a 50–year period, of using available alternative energy systems, including geothermal, solar, wind, and energy storage compared to a traditional energy system;
An energy consumption and systems replacement, based on a 50–year period, of each major piece of equipment in any of the following systems serving the public school building:
The cooling system;
The heating system;
The hot water system;
The lighting system;
The ventilation system; or
Any other major system that uses energy; and
The impact of innovative building design and materials on energy consumption, including white roofs and green roofs.
If the county board determines that no alternative energy systems are appropriate for a construction or major renovation project, the county board shall submit a report to the Interagency Commission that explains why the alternative energy systems were not appropriate.
On or before February 28 each year, as provided in § 5–319 of this subtitle, the Interagency Commission shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of public school construction and major renovation projects in each jurisdiction that used solar technologies or alternative energy systems in the immediately preceding calendar year.
In this section, “Fund” means the Nancy K. Kopp Public School Facilities Priority Fund.
There is a Nancy K. Kopp Public School Facilities Priority Fund.
Except as provided in paragraph (2) of this subsection, beginning in fiscal year 2028, the purpose of the Fund is to provide State funds to address the facility needs of the highest priority schools in the State as identified by the statewide facilities assessment completed by the Interagency Commission on School Construction under § 5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue that required the school to be closed in the current school year or the previous school year.
In fiscal year 2027, or if the statewide facilities assessment is not completed, the purpose of the Fund is to provide State funds to address the severity of issues in a school, including:
Air conditioning;
Heating;
Indoor air quality;
Mold remediation;
Temperature regulation;
Plumbing, including the presence of lead in drinking water outlets in school buildings;
Windows; and
Any additional severe issues in the school that require the school to be closed.
The Interagency Commission on School Construction shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Any interest earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for the purpose established under subsection (c) of this section.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
In fiscal year 2027 and each fiscal year thereafter, the Governor shall appropriate in the annual State operating or capital budget bill at least $70,000,000 to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated in the annual State operating or capital budget bill to primary and secondary schools under this article.
In this section the following words have the meanings indicated.
“Baseline total cost of ownership” means the typical total cost of ownership of a new school building or a school facility renewal, as calculated by the Interagency Commission.
“Estimated total cost of ownership” means the total cost of ownership of a new school building or a school facility renewal and the concomitant analysis as estimated by a local education agency before the construction of a new school building or a school facility renewal begins.
“Projected actual total cost of ownership as constructed” means the total cost of ownership of a new school building or a school facility renewal and the concomitant analysis as calculated by a local education agency after the construction of the new school building or the school facility renewal is complete.
“Projected actual total cost of ownership as constructed” includes the sum of:
The actual costs of construction and operation of the new school building or the school facility renewal as of the date of the calculation; and
An estimation of future costs.
“School facility renewal” means a capital improvement project for an existing school that, on completion:
Will reduce the school’s facility condition index, as defined in § 5–310 of this subtitle, to 0.15 or lower; and
Results in a like–new operational condition for the school.
“State share percentage” means the percentage of eligible costs, as defined in regulations adopted in accordance with § 5–303 of this subtitle, for the construction of a new school building or a school facility renewal paid for by the State.
If a project for the construction of a new school building or a school facility renewal has an estimated total cost of ownership that is at least 15% less than the baseline total cost of ownership, the county shall receive a 5 percentage point increase in the State share percentage for that project.
Subject to paragraph (2) of this subsection, if a project has a projected actual total cost of ownership as constructed that is not at least 15% less than the baseline total cost of ownership, the county that received a 5 percentage point increase in the State share percentage for that project shall repay that amount to the Interagency Commission.
The Interagency Commission shall establish a process for a county to repay the Interagency Commission the amount of the 5% increase in the State share percentage of a project that met the requirements under subsection (b) of this section, if approximately 12 to 17 months after the date on which construction is complete and the local education agency begins using the building or renewal for its intended purpose, the projected actual total cost of ownership as constructed is not at least 15% less than the baseline total cost of ownership.
The Interagency Commission, in coordination with the Department and the Department of General Services, shall develop life cycle cost analysis standards.
The Interagency Commission shall adopt regulations to carry out this section.
In this section, “waste disposal infrastructure” means a physical waste disposal line located where food is distributed that allows a student to efficiently and properly dispose of waste at the end of a meal.
“Waste disposal infrastructure” includes:
A place for the disposal of:
Trash;
Recyclables; and
Food scraps; and
A sink for liquid waste.
The Interagency Commission shall adopt regulations that require a county board to include waste disposal infrastructure in the design documents submitted to the Interagency Commission for the construction of a new school building utilizing State funding.
In this section the following words have the meanings indicated.
“High–density county” means one of the following jurisdictions:
Anne Arundel County;
Baltimore City;
Baltimore County;
Howard County;
Montgomery County; or
Prince George’s County.
“Low–density county” means any county not listed in paragraph (2) of this subsection.
A county board in a high–density county seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school that would increase the capacity of the school by more than 100 students, shall submit a pedestrian safety plan to the Interagency Commission.
A county board in a low–density county shall submit a pedestrian safety plan to the Interagency Commission if the county board is seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school, in a city with more than 10,000 residents and the construction or renovation would increase the capacity of the school by more than 100 students.
The Interagency Commission shall approve a pedestrian safety plan if the pedestrian safety plan complies with subsection (c) of this section.
A pedestrian safety plan shall:
Be developed in collaboration with:
The county department of transportation or equivalent agency of the jurisdiction listed under subsection (a) of this section whose county board is submitting the plan; and
The State Highway Administration;
Be limited to the area surrounding the school for which the county board will not provide transportation to students;
Identify existing and potential safe routes for students to walk or bike to the school;
Evaluate the infrastructure, including sidewalk infrastructure, along existing and potential pedestrian or cyclist routes to the school to determine whether increased capacity is necessary;
Analyze existing and potential school zones, including the need for expanding school zones on State and county roads; and
Include documentation of public participation and input related to the pedestrian safety plan, including minutes from a public hearing and written comments.
A county board, not the Interagency Commission, shall make all determinations about the contents of a pedestrian safety plan.
The Interagency Commission may adopt regulations to carry out this section.
This section applies only in Howard County.
If the capital budget approved by the Howard County Board of Education has differences from the Howard County Superintendent of Schools’ proposed capital budget, the Howard County Board of Education shall publish a report on the Howard County public school system’s website within 30 days that includes:
The differences between the Howard County Superintendent’s proposed capital budget and the capital budget approved by the Howard County Board of Education; and
The detailed rationale for each difference.
The Howard County Board of Education shall submit the report required under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.
If the Howard County Superintendent of Schools’ proposed capital improvement program has differences from the capital improvement program approved by the Howard County Board of Education in the immediately preceding year, the Howard County Superintendent shall publish a report on the Howard County public school system’s website within 30 days that includes:
The differences between the capital improvement plan approved by the Howard County Board of Education in the immediately preceding year and the Howard County Superintendent’s proposed capital improvement program; and
The detailed rationale for each difference.
The Howard County Superintendent of Schools shall submit the report required under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.
In this section, “Program” means the Nonpublic Special Education School Renovation Program.
There is a Nonpublic Special Education School Renovation Program.
The purpose of the Program is to provide grants to nonpublic special education schools for:
Renovations and improvements to classrooms and school facilities;
Upgrades to residential cottages on school grounds that will improve student treatment and safety;
Health, safety, and accessibility improvements;
Infrastructure modernization and technology upgrades; and
New construction necessary to comply with standards set by the Department.
The Program shall be implemented and administered by the Interagency Commission.
An eligible nonpublic special education school may apply to the Interagency Commission to receive a grant under the Program.
A nonpublic special education school is eligible for the Program if the school:
Provides:
High school credit towards the high school graduation requirements approved by the Department; or
A curriculum and educational program for elementary or middle school students that is approved by the Department; and
Provides services for students placed in nonpublic educational programs under § 8–406 of this article.
The Interagency Commission may prioritize applications for:
Projects addressing student health or safety concerns;
Projects necessary to comply with standards set by the Department; and
Nonpublic special education schools with a high percentage of students who are residents of the State.
It is the intent of the General Assembly that the Governor include in the annual capital budget bill an appropriation of at least $5,000,000 to the Program for each fiscal year.
The Interagency Commission shall adopt regulations necessary to implement this section.
In this subtitle the following words have the meanings indicated.
“Board” means the Accountability and Implementation Board.
“Blueprint for Maryland’s Future” means the plan recommended by the Commission on Innovation and Excellence in Education and enacted by Chapter 361 of the Acts of the General Assembly of 2018, Chapter 771 of the Acts of the General Assembly of 2019, and Chapter 36 of the Acts of the General Assembly of 2021.
“Blueprint for Maryland’s Future” includes, unless the context provides otherwise, the recommendations made by the Commission on Innovation and Excellence in Education.
“Commission” means the Commission on Innovation and Excellence in Education.
“Comprehensive Implementation Plan” means the plan adopted by the Board under § 5–404 of this subtitle.
“Nominating Committee” means the Accountability and Implementation Board Nominating Committee.
Beginning on July 1, 2020, and continuing until June 30, 2032, there is an Accountability and Implementation Board.
The Board is an independent unit of State government.
The purpose of the Board is to hold State and local governments, including county boards, accountable for implementing the Blueprint for Maryland’s Future and evaluating the outcomes achieved against the goals of the Blueprint for Maryland’s Future and the Commission during the implementation period.
The Board shall strive to provide equal access to a high–quality education with equitable outcomes for each Maryland student regardless of the student’s race, ethnicity, gender, address, disability status, socioeconomic status, or the language spoken in the student’s home.
To achieve its purpose, the Board shall:
Develop a Comprehensive Implementation Plan for the Blueprint for Maryland’s Future that all units of State and local government responsible for implementing the Blueprint for Maryland’s Future will follow;
Hold State and local governments accountable for implementing the Comprehensive Implementation Plan;
Monitor implementation of the Comprehensive Implementation Plan during the implementation period; and
Evaluate the outcomes achieved during implementation of the Blueprint for Maryland’s Future.
The Board is composed of seven members appointed by the Governor, with the advice and consent of the Senate, chosen from a slate prepared by the Nominating Committee established under § 5–403 of this subtitle.
When appointing members of the Board, the Governor shall select from the slate of nominees nominated in accordance with § 5–403(c) of this subtitle.
The Governor shall appoint members to the Board within 30 days after the date on which the Governor receives the slate of nominees nominated in accordance with § 5–403(c) of this subtitle.
The Board shall consist of individuals who collectively:
Reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and
Have a high level of knowledge and expertise in:
Early education through secondary education policy;
Postsecondary education policy;
Teaching in public schools;
Strategies used by top–performing state and national education systems in the world;
Leading and implementing systemic change in complex organizations; and
Financial auditing and accounting.
The Governor, the President of the Senate, and the Speaker of the House of Delegates jointly shall appoint a chair of the Board from among the Board’s members.
A member of the Board:
May not receive compensation as a member of the Board; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations for duties performed under this subtitle.
The term of a member is 6 years.
The terms of the members are staggered as follows:
The terms of three initial members shall terminate on July 1, 2024;
The terms of two initial members shall terminate on July 1, 2025; and
The terms of two initial members shall terminate on July 1, 2026.
A member may be renominated by the Nominating Committee.
A majority of Board members constitutes a quorum.
Action by the Board requires the affirmative vote of a majority of the appointed members.
The Board shall appoint an executive director and hire staff sufficient to carry out its powers and duties under this subtitle.
The Board may retain any necessary accountants, financial advisers, or other consultants.
For fiscal year 2021, the Governor shall include an appropriation of at least $1,500,000 in the annual budget bill for the establishment of the Board.
For fiscal years 2022 through 2032, the Governor shall include in the annual budget bill an appropriation of at least $1,800,000 for the Board, which includes funds to support 15 professional staff.
For each of fiscal years 2022 through 2024, the Governor shall include an appropriation of at least $3,000,000 in the annual budget bill for the Board to be used in accordance with this subparagraph.
The Board shall use the funds provided under this subparagraph to provide technical assistance to county boards to develop and implement the plan required under § 5–404 of this subtitle.
The Board may allocate a portion of the funds provided under this subparagraph to the CTE Committee to provide technical assistance to county boards to meet the requirements under § 21–207 of this article.
The Board may:
Adopt regulations to carry out the provisions of this subtitle;
Adopt bylaws for the conduct of its business;
Maintain offices at a place the Board designates in the State;
Accept loans, grants, or assistance of any kind from any entity of federal, State, or local government, an institution of higher education, or a private source;
Enter into contracts or other legal instruments, including, as necessary, contracts with independent experts to fulfill any of its duties under this subtitle;
Sue or be sued; and
Subpoena data needed to complete its functions and duties under this subtitle.
Except as provided in this subsection, the Board is exempt from:
Title 10 and Division II of the State Finance and Procurement Article; and
The provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System.
The Board is subject to the Public Information Act.
The Board is subject to the Open Meetings Act.
Each open Board meeting shall be made available to the public through live video streaming.
The Board shall make publicly available on the Internet a complete, unedited archived video recording of each open meeting for a minimum of 5 years after the date of the meeting.
The Board and its officers and employees are subject to the Maryland Public Ethics Law.
The Board and its employees are subject to Title 12, Subtitle 4 of the State Finance and Procurement Article.
The Board is not intended to usurp or abrogate:
The operational authority of the Department, the Governor’s Workforce Development Board, the Maryland Higher Education Commission, the Department of Commerce, or the Maryland Department of Labor; or
The day–to–day decision making of county boards, local superintendents, institutions of higher education, or other stakeholders with a role to play in the implementation of the Blueprint for Maryland’s Future.
The Board may not usurp or abrogate the lawful collective bargaining process due educators and others in the State.
The Board shall have plenary authority over all matters within its jurisdiction under this subtitle, including the intended outcomes of the Blueprint for Maryland’s Future.
In the event of a conflict between a decision or policy of the Board and the decision or policy of another entity on a matter within the Board’s jurisdiction, the Board’s decision or policy shall control.
There is an Accountability and Implementation Board Nominating Committee.
The Nominating Committee is composed of six members.
The Governor, the President of the Senate, and the Speaker of the House of Delegates each shall appoint two members to the Nominating Committee.
If two of the three individuals required to appoint members to the Nominating Committee under subparagraph (i) of this paragraph have each appointed two members, the remaining individual shall appoint two members to the Nominating Committee within 30 days after the date on which the most recent appointment of a member to the Nominating Committee was made.
If the third individual required to appoint members to the Nominating Committee does not appoint the remaining two members to the Nominating Committee within the time period required under subparagraph (ii) of this paragraph, subsection (d) of this section no longer applies.
The term of a member is 5 years.
The Nominating Committee shall consist of individuals who:
Collectively reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and
Have collective knowledge of:
Education policy for early childhood education through postsecondary education;
Education strategies used by top–performing state and national systems in the world;
Systemic changes in complex organizations; and
Financial auditing and accounting.
On initial establishment and when there is a vacancy on the Board, the Nominating Committee shall nominate a slate of nominees to fill the vacancy.
For the initial establishment of the Board, the slate of nominees shall contain at least nine individuals to meet the Board qualifications listed in § 5–402(d) of this subtitle.
For a vacancy, the slate of nominees shall contain at least two individuals for each vacant position on the Board.
Except as provided in subsection (b)(2)(iii) of this section, nominations for the Board made by the Nominating Committee shall be decided by a majority vote, provided that at least one vote cast in the majority is a vote cast by each of a member appointed by the Governor, the President of the Senate, and the Speaker of the House.
The Board shall develop a Comprehensive Implementation Plan to implement the Blueprint for Maryland’s Future, considering any input provided by interested stakeholders in the State.
The Comprehensive Implementation Plan shall include a timeline for implementation of the Blueprint for Maryland’s Future with key milestones to be achieved by each State or local government unit required to implement an element of the Blueprint for Maryland’s Future for each year of the implementation period.
The Comprehensive Implementation Plan shall include the intended outcomes that the Blueprint for Maryland’s Future will achieve.
The Comprehensive Implementation Plan shall be adopted by the Board no later than December 1, 2022.
Any changes to the Comprehensive Implementation Plan shall be adopted by the Board no later than August 1 of each year.
The Board shall adopt guidelines for entities required to submit and carry out implementation plans under this section that include establishing a maximum page length, including appendices, for implementation plans.
State and local government units responsible for implementing an element of the Blueprint for Maryland’s Future shall develop implementation plans consistent with the Comprehensive Implementation Plan that describe the goals, objectives, and strategies that will be used to improve student achievement and meet the Blueprint for Maryland’s Future recommendations for each segment of the student population.
On or before September 1, 2022, the Department shall develop criteria to be used to recommend approval or disapproval of local school system implementation plans and release of funds under this subtitle.
The criteria shall be submitted for approval to the Board.
Except as provided in subsubparagraph 2 of this subparagraph, each unit responsible for developing an implementation plan under this section shall submit the plan to the Board for approval on or before March 15, 2023.
The Juvenile Services Education Program Superintendent shall submit the plan to the Board for approval on or before June 15, 2023.
Each local school system shall submit a copy of its plan to the Department for review and a recommendation of approval or disapproval.
Governmental units shall submit implementation plans on elements of the Blueprint for Maryland’s Future under this subsection, including:
Plans from each local school system to implement each element of the Blueprint for Maryland’s Future, including how to:
Adapt curriculum, instruction, and the organization of the school day to enable more students to achieve college and career readiness by the end of 10th grade, to provide students with needed services including community–partnered behavioral health services if appropriate, and to identify students who are falling behind and develop a plan to get them back on track;
Close student achievement gaps listed under § 5–408(a)(2)(i) of this subtitle within the local school system;
Avoid the disproportionate placement of students with particular racial, ethnic, linguistic, economic, or disability status characteristics with novice teachers or teachers providing instruction in fields in which they lack expertise; and
Use additional funds for teacher collaborative time in accordance with Title 6, Subtitle 10 of this article prioritized based on availability of a sufficient number of high–quality teachers;
The joint plan of the Department and the Maryland Higher Education Commission for teacher preparation and training that meets the requirements under Title 6 of this article;
A plan from the Department for the expansion and coordination of Judy Centers under § 5–230 of this title and a plan for the expansion of community–based family support centers under Title 9.5, Subtitle 10 of this article;
The Department’s plan for selection, assembly, and deployment of expert review teams under § 5–411 of this subtitle;
The Department’s plan for implementing the teacher career ladder and training Maryland teachers, school leaders, and administrators under Title 6, Subtitle 10 of this article;
The Career and Technical Education Committee plan for developing rigorous CTE pathways under § 21–207 of this article;
Plans from each local school system on proposed memoranda of understanding for prekindergarten in accordance with § 7–1A–05 of this article;
A plan from the Juvenile Services Education Program Superintendent on the proposed education of juveniles under Title 9, Subtitle 6 of the Human Services Article; and
Any other implementation plans the Board determines are necessary.
An implementation plan submitted to the Board for approval under this section shall be:
Consistent with the developed guidelines and, if applicable, the approved criteria under subsection (b) of this section; and
Concise and focused on the measures taken and the measures to be taken to implement and achieve the Blueprint’s goals.
A responsible government unit shall amend the implementation plan until it is approved by the Board.
The Board shall:
Review and approve implementation plans submitted under subsection (c) of this section;
Monitor the implementation of approved plans and work in partnership with the relevant agencies to:
Disseminate information on best practices, programs, and resources;
Provide technical assistance and training;
Resolve implementation issues as they arise; and
Promote interagency efforts to:
Achieve the purposes of the Blueprint for Maryland’s Future; and
Reduce the effects of societal and economic isolation on student achievement and opportunity by promoting socioeconomic diversity in communities and schools;
Receive periodic updates, in accordance with the Board’s guidelines, on progress responsible entities are making toward reaching the implementation plan goals; and
Request any information the Board determines is necessary to carry out its obligations from an entity responsible for carrying out the implementation plans under this section.
A governmental unit responsible for developing and carrying out an implementation plan shall provide:
Periodic updates, when requested by the Board, on its progress toward meeting the implementation plan goals; and
Any information the Board requests.
The Board shall maintain a public website on which is published:
The Comprehensive Implementation Plan;
The Department’s criteria, developed under subsection (b)(3) of this section;
Proposed implementation plans, submitted under subsection (c) of this section; and
Implementation plans approved by the Board under subsection (d) of this section.
A unit of State government required to implement an element of the Blueprint for Maryland’s Future shall, before adopting regulations relating to the Blueprint, consult with the Board.
For each fiscal year, the governing body of a county and the local school system jointly shall appoint a single implementation coordinator responsible for the implementation of the Blueprint for Maryland’s Future by all government units operating in the county.
For each fiscal year, each county board shall provide $150,000 for the salary and benefits of the implementation coordinator appointed in accordance with paragraph (1) of this subsection.
Funding for the salary and benefits of the implementation coordinator provided by the county board in accordance with paragraph (2) of this subsection shall be paid by the State and the county in the same proportion as the foundation program under § 5–213 of this title.
Subject to the judgment of the Board and in accordance with this section, each fiscal year a portion of the increase in the State share of major education aid, as defined in § 5–201 of this title, over the amount provided in the prior fiscal year shall be withheld from public schools and local school systems.
Except as otherwise provided in this section, beginning in fiscal year 2023, 25% of the increase in the State share of major education aid over the amount provided in the prior fiscal year shall be automatically withheld from a local school system for the next fiscal year.
For fiscal year 2023, the Board shall release funds withheld under this section if the Board finds that a local school system has met the minimum guidelines for the submission of the initial implementation plan under § 5–404 of this subtitle.
Beginning in fiscal year 2024 and ending in fiscal year 2025, the Board shall release funds withheld under this section each year if the Board finds that a local school system or public school:
Has developed an initial implementation plan under § 5–404 of this subtitle; and
Has received approval for its initial implementation plan and for any subsequent modifications.
Beginning in fiscal year 2026, the Board shall consider releasing funds withheld under this section to a public school or local school system if:
The Board receives a recommendation to release funds from:
The Department;
The Career and Technical Education Committee established under § 21–209 of this article; or
An Expert Review Team established under § 5–411 of this subtitle; or
The Board determines that a public school or local school system has made sufficient progress on an implementation plan or taken appropriate steps to improve student performance.
The Board may withhold more than 25% of the increase in the State share of major education aid over the amount provided in the current fiscal year from a public school or local school system, if, in the judgment of the Board:
A local school system has not made satisfactory efforts to develop or revise the implementation plan required to be approved by the Board under § 5–404 of this subtitle;
A public school or local school system has not made sufficient progress on its implementation plan; or
A public school or local school system has not taken appropriate steps to improve student performance.
In determining whether to release or withhold additional funds under this section, the Board shall consider whether a public school or local school system has been responsive to the recommendations of the Department, the Career and Technical Education Committee, an Expert Review Team, and the Board’s staff.
The Board shall notify the Governor, the President of the Senate, and the Speaker of the House of Delegates of a decision not to release funds or to withhold additional funds.
If the Board finds that funding should not be released under subsection (c) or subsection (d) of this section, the Board shall, on or before December 1, issue an initial warning to the public school principal or county superintendent that funds may not be released in the next fiscal year.
A warning issued under paragraph (1) of this subsection shall inform the local principal or county superintendent of:
The findings by the Board and the reasoning for the findings; and
Any steps that may be undertaken to remedy the finding.
On or before February 1, the Board shall make a final determination on whether to release funds under this section for the next fiscal year.
If a public school or local school system makes progress in some areas but not in others, the Board may determine that a portion of the funds may be released while a portion may be withheld.
The Board shall notify the State Superintendent and the Comptroller for purposes of § 5–205 of this title by June 1 of each year of the Board’s final decision to release, not release, or withhold additional funds under this section in the next fiscal year.
The Board may determine it is necessary to release or withhold funds for the current fiscal year.
The Board shall notify the State Superintendent and the Comptroller as soon as practicable for purposes of § 5–205 of this title if it decides to release or withhold additional funds during the current fiscal year.
The Board shall develop an appeals process through which a public school or local school system may contest the withholding of funds under this section.
The Board shall review the use of funds provided under Subtitle 2 of this title by the State and local government agencies responsible for implementing the Blueprint for Maryland’s Future.
On or before January 1 each year in 2022 through 2032, the Department shall submit to the Board information on the use of school–level expenditures in the current fiscal year to aid the Board in fulfilling its responsibilities under this subtitle.
Subject to subparagraph (ii) of this paragraph, each local school system shall report to the Department, in a manner determined by the Department, on school–level spending to aid the Department in fulfilling its obligations under this subtitle.
Each local school system that includes public charter schools shall account in the report required under this subsection for the distribution of school–level funding to public charter schools to demonstrate compliance with § 5–234 of this title.
The Board shall monitor the expenditures of local school systems to ensure that minimum school–level funding requirements under § 5–234 of this title are met.
The Board shall monitor the expenditures of funding provided to local school systems under § 5–223 of this title to ensure that public schools are providing the necessary services.
The Board shall monitor how additional special education funding provided under § 5–225 of this title is being used, including:
The aggregate number of children in special education services by school; and
The special education services that have been provided through funding under § 5–225 of this title.
If a local school system is not spending funding allocated under § 5–225 of this title in addition to special education spending levels provided by State and local funds on June 30, 2020, the local school system shall provide a written response to the Board explaining why additional spending on special education is not necessary.
The Board shall develop an appeals process through which local school systems may request greater flexibility in meeting this requirement for reasons including a significant shift in total enrollment or at–promise enrollment between schools from the prior school year to the current school year.
Beginning in fiscal year 2022, the Board may determine to withhold appropriated funds from the Department, the Maryland Higher Education Commission, the Career and Technical Education Committee, or any other entity of State or local government responsible for developing an implementation plan under § 5–404 of this subtitle if the entity:
Has not developed an initial implementation plan, or has not had its implementation plan approved; or
Has not implemented its implementation plan appropriately.
The Board shall notify the Comptroller, the Governor, the President of the Senate, and the Speaker of the House of Delegates regarding the intent to withhold appropriated funds under this section.
After receiving notification from the Board under subsection (b) of this section, the Comptroller shall withhold the amount of funding that the Board determines is necessary to be withheld.
In order to meet its obligation to track whether the Blueprint for Maryland’s Future is progressing according to plan, the Board shall:
Develop guidelines for the submission of reports by:
The Department;
Local school systems; and
Public schools;
Using reports submitted in accordance with item (1) of this subsection and the Board’s ongoing monitoring as a guide, gather and analyze disaggregated data, in accordance with subsection (c) of this section, to measure progress made on the implementation of the Blueprint for Maryland’s Future, by examining:
The effects on student performance over time, with specific emphasis on closing achievement gaps between student groups of different:
Race;
Ethnicity;
Disability status;
Household income;
Linguistic status; and
Any other student group characteristics that feature achievement gaps as determined by the Board; and
Student outcomes, such as:
Absenteeism;
Disciplinary action;
Enrichment opportunities; and
Meaningful family involvement;
Monitor and review the performance of each teacher preparation program at an institution of higher education and alternative teacher preparation program;
Monitor changes in the concentration of students eligible for free and reduced price meals within public schools and local school systems;
Examine the school–level diversity of public school staff and student bodies;
Monitor and review the placement and concentration of students in particular racial, ethnic, linguistic, economic, and disability status groups assigned to:
Novice teachers;
Teachers providing instruction in fields in which they lack expertise;
Substitute teachers who teach the same class for more than 1 week; and
Effective teachers, including teachers at levels three and four of the career ladder established under Title 6, Subtitle 10 of this article;
Monitor and review the progress of community schools receiving grants under § 5–223 of this article;
Monitor public schools and local school systems to ensure that sufficient numbers of teachers are participating in the career ladder and achieving National Board Certification, as provided in Title 6, Subtitle 10 of this article;
Examine the racial, ethnic, disability–status, and income makeup of full–day prekindergarten students, disaggregated by providers, and monitor whether the mix of public and private prekindergarten providers is effectively meeting the needs of families; and
Approve the plans for deployment of Expert Review Teams submitted by the Department and the Career and Technical Education Committee under §§ 5–411 and 5–412 of this subtitle.
In gathering and analyzing data to complete its duties under this subtitle, the Board may collect data from any relevant entities.
If additional data is needed for the Board to complete its duties, the Board may request that other appropriate government agencies aid in the collection of data.
Unless otherwise prohibited by law, a government agency shall provide the Board with any requested data.
Unless otherwise prohibited by law, a government agency whose aid the Board has requested under this subsection shall regularly collect the requested data and provide it to the Board.
The Board shall work with the Maryland Longitudinal Data System Center to collect and analyze data necessary to carry out the Board’s responsibilities under this subtitle and may direct the Center to provide:
A researcher designated by the Board access to the data in the Maryland Longitudinal Data System in accordance with the procedures for staff authorization and data access established by the Maryland Longitudinal Data System governing board;
Aggregate data tables; or
Research or evaluation.
Any student–level information reported to or by the Board shall be disaggregated by race, ethnicity, gender, family income level, linguistic status, and disability status.
In addition to any other duties assigned or duties granted to the Board under this subtitle, the Board has the power to perform the duties described in this section.
The Board shall:
Oversee the work of the Career and Technical Education Committee established under § 21–209 of this article;
Coordinate through the Department the State’s participation in the Organization for Economic Cooperation and Development’s Program for International Student Assessment survey program;
In accordance with § 5–408(c) of this subtitle, report on or before November 1 each year for calendar years 2021 through 2031 to the Governor, the public, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on:
Progress made on the implementation of the Blueprint for Maryland’s Future;
Recommended legislative changes, including any changes necessary to ensure that the implementations have adequate resources and measurements;
The degree to which State and local agencies, as applicable, are carrying out their assigned roles in implementing the Blueprint for Maryland’s Future; and
Whether the funds provided by the State and local governments are consistent with the Board’s estimate of what is necessary to fully implement the Blueprint for Maryland’s Future;
Provide training to Expert Review Teams established under § 5–411 of this subtitle; and
Provide outreach and educational materials to parents, students, and members of the public on the Blueprint for Maryland’s Future.
The Board may:
Recommend that the Department and the Maryland Higher Education Commission review the accreditation of a program reviewed under § 5–408(a)(3) of this subtitle that was found to be ineffective;
Determine that the career ladder system under Title 6, Subtitle 10 of this article has been well established throughout the State for the purposes of implementing the Blueprint for Maryland’s Future;
Make grants to innovative programs developed by public schools, institutions of postsecondary education, nonprofit organizations, and other persons that help further the Board’s purpose; and
Perform any other duties necessary to carry out the powers granted under this subtitle.
In addition to its own assessments and tracking of progress, required under § 5–406 of this subtitle, the Board shall contract with a public or private entity to conduct an independent evaluation of the State’s progress in implementing the Blueprint for Maryland’s Future and achieving the expected outcomes during the implementation period.
The independent evaluation shall include an assessment of:
The use of additional funding to meet the goals of the Blueprint for Maryland’s Future;
Progress toward the goals of the Blueprint for Maryland’s Future and whether the goals have been achieved; and
Any recommendations to alter the goals or strategies employed to reach the goals, including new uses for existing funds or additional funding.
An entity with which the Board contracts for an independent evaluation shall report its results to the Board on or before:
December 1, 2026; and
October 1, 2030.
The Board shall contract for each independent evaluation as soon as practicable.
On or before January 15, 2027, the Board shall, using the first independent evaluation and its own judgment, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on whether the Blueprint for Maryland’s Future is being implemented as intended and achieving the expected outcomes.
The Board’s report shall include an assessment of the State’s progress towards:
Increasing the number of teachers achieving National Board Certification;
Providing full–day prekindergarten programs for 3– and 4–year–olds in accordance with Title 7, Subtitle 1A of this article;
Improving behavioral health services in accordance with § 7–447 of this article; and
Ensuring that students enrolled in public schools meet college and career standards in accordance with § 7–205.1 of this article.
The Board’s report shall include any legislative or structural corrections necessary to fully implement the Blueprint.
On or before December 1, 2030, the Board shall report on the results of the final independent evaluation to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The Board’s reports under this subsection shall include:
Practices being used to close achievement gaps between students of different groups listed in § 5–408(a)(2)(i) of this subtitle;
Progress made in closing the achievement gaps listed under item (i) of this paragraph; and
Assessments of student outcomes listed under § 5–408(a)(2)(ii) of this subtitle, disaggregated by race, income, ethnicity, and gender.
The Board shall determine:
Whether the Blueprint for Maryland’s Future is working as intended;
What steps are necessary to continue providing a globally competitive education to the children of the State;
If any changes to the structure, functioning, and authority of State and local agencies responsible for education are necessary; and
Whether the Board should continue to monitor implementation of the Blueprint for Maryland’s Future after June 30, 2032.
In making its determination, the Board shall examine the manner in which State and local government entities responsible for implementing the Blueprint for Maryland’s Future have contributed to educating, training, providing learning opportunities for, and developing the careers of students and young people in the State.
The Board shall identify ways to foster partnerships between local school systems, public schools, and institutions of higher education, and develop collaborative relationships among the entities examined under paragraph (2) of this subsection to create a world–class 21st–century education system in the State.
The Board shall report its findings under this subsection in the report required under subsection (d)(2) of this section.
In this section, “Program” means the Expert Review Team Program.
The Department shall establish, administer, and supervise an Expert Review Team Program.
The purpose of the Program is for teams of expert educators to:
Conduct interviews, observe classes, and use other data to analyze the extent to which the Blueprint for Maryland’s Future is being implemented; and
Collaborate with school–based faculty and staff and local school system staff to:
Determine reasons why student progress is insufficient; and
Develop recommendations, measures, and strategies to address the issues identified by the Expert Review Team.
The Department shall select highly regarded Expert Review Team members for the Program, who reflect, to the extent practicable, the geographic, racial, ethnic, linguistic, and gender diversity of the population of public school students, from the following groups:
Teachers who are represented by teachers’ organizations that, for purposes of collective bargaining, represent a majority of teachers in the State or in a local school system;
School leaders; and
Other individuals who have expertise directly relevant to the purpose and duties of the Program.
After the career ladder under Title 6, Subtitle 10 of this article is well established throughout the State, the Department shall select Expert Review Team members from expert teachers and principals who are in senior positions on the career ladder.
To the extent practicable, a teacher who visits an elementary, middle, or high school as a member of an Expert Review Team shall have experience working in or knowledge of the type of school being visited.
Each member of an Expert Review Team shall be thoroughly trained by the Board on the Blueprint for Maryland’s Future and its rationale, including detailed information on the way similar systems work in top–performing school systems in the world.
During a school visit, an Expert Review Team shall:
Conduct comprehensive in–school investigations of the causes of poor student performance; and
Make recommendations to the following entities on the measures needed to improve the performance of low–performing schools and correct identified problems:
Principal and county superintendent;
School faculty;
County boards of education; and
The community.
An Expert Review Team may, in the course of its work under paragraph (1) of this subsection:
Perform evaluations of behavioral health services provided in a school; and
If the Team determines that poor student performance is due, in part, to missing or inadequate behavioral health services, make recommendations to the appropriate entities to correct the identified problems.
After a school visit, an Expert Review Team shall submit a report to the Department within the time period, in the manner, and including the information required by the Department.
Beginning on or before July 1, 2021, and each July 1 through 2030, the Department shall develop and submit to the Board for approval a plan to deploy the Expert Review Teams in the following school year.
Beginning on July 1, 2023, the Department shall send Expert Review Teams to at least 10% of public schools in at least three different local school systems each year.
An Expert Review Team shall be sent to every residential facility in which juveniles are educated in accordance with Title 9, Subtitle 6 of the Human Services Article by the end of the 2025–2026 school year.
An Expert Review Team shall be sent at least once to every public school in the State by the end of the 2030–2031 school year.
The Department shall, in accordance with an approved deployment plan and subject to the provisions of this subsection, send an Expert Review Team to:
Each school determined to be one of the lowest performing schools in the State once each year;
Schools determined to be lower performing schools in the State on a regular schedule but not every year;
Schools determined to be the highest performing in the State; and
All other schools at intervals determined by a randomized selection process.
The lowest and highest performing schools shall be determined by:
The overall performance on State assessments; and
The performance of subgroups of students on State assessments; or
Based on data produced by the data monitoring system established under the federal Every Student Succeeds Act.
Beginning on July 1, 2025, a school that has not been selected for review by an Expert Review Team may submit a request to the Department for a review.
The Board may request that the Department send an Expert Review Team to a particular school.
Beginning in the 2022–2023 school year, the Department shall send an Expert Review Team to a school or a group of schools in the same immediate area in which students continue to demonstrate learning loss that began in relation to the COVID–19 pandemic for the purpose of determining the reason that the learning loss continues.
During the period from July 1, 2023, through June 30, 2025, the report and recommendations of an Expert Review Team shall be advisory only and may be used by a school and local school system to strengthen the school program and the management of the school and local school system.
Beginning on July 1, 2025, the report and recommendations of an Expert Review Team shall be used by the Department as the basis for a recommendation to the Board under § 5–405 of this subtitle as to whether to release a portion of the annual increase in funding for the upcoming school year because the school and the local school system have developed a satisfactory plan for the use of the funds consistent with the Expert Review Team’s recommendations.
In fulfilling its duties under this subsection, an Expert Review Team in the Program may make recommendations on:
Requiring State action in accordance with § 7–203.4 of this article; or
Pairing the school with a higher performing school with similar demographics from which the school leadership collaborates and shares expertise for the benefit of faculty and staff.
If the Board determines that all or a portion of a school’s annual increase in funding should not be released due to an unsatisfactory plan, the Department shall work with the school and local school system to develop a satisfactory plan to allow release of the withheld funds.
In this section the following words have the meanings indicated.
“CTE Committee” means the Career and Technical Education Committee established under § 21–207 of this article.
“Program” means the CTE Expert Review Team Program.
The CTE Committee shall establish, administer, and supervise a CTE Expert Review Team Program for schools with career and technical education programs and pathways.
Subject to the provisions of this subsection, the program will have the same purpose, structure, training, and reporting requirements as the Expert Review Team Program established by the Department under § 5–411 of this subtitle.
The CTE Committee shall select the members of CTE Expert Review Teams in the Program.
The CTE Committee shall select CTE Expert Review Team members who, to the extent practicable, reflect the geographic, racial, ethnic, linguistic, and gender diversity of the population of the public school students, from the following groups:
Highly regarded career and technical education teachers who are represented by teachers’ organizations that, for purposes of collective bargaining, represent a majority of teachers in the State or in a local school system;
School leaders;
Employers;
Trade unions; and
Apprenticeship and internship sponsors.
During a school visit, a CTE Expert Review Team shall conduct interviews, observe classes, and use other data to:
Determine whether student progress is insufficient toward successful completion of the CTE pathway; and
Develop recommendations, measures, and strategies to address the issues identified by the CTE Expert Review Team.
After a CTE Expert Review Team issues a report, the school, the county board, the employers, and apprenticeship or internship sponsors shall:
Review the report and recommendations; and
If necessary, submit a plan to the CTE Committee addressing the recommendations in the report.
Beginning on July 1, 2022, and ending July 1, 2031, the CTE Committee shall develop and submit to the Board, for approval, a plan to deploy the CTE Expert Review Teams in the following school year.
Subject to the Board’s approval, the CTE Committee shall schedule CTE Expert Review Team school visits in a manner designed to provide the CTE Committee and the Department with sufficient information to make informed decisions on the release of school funds conditioned on student performance, including adequate time for a school to respond to an Expert Review Team’s report and recommendations before decisions are made regarding the retaining of school funds.
On or before July 1 each year, beginning in 2022 and ending in 2031, the Maryland Longitudinal Data System Center, in consultation with the Department and the Maryland Higher Education Commission, shall submit a report to the Board, the Governor, and in accordance with § 2–1257 of the State Government Article, the General Assembly on the progress made in increasing the preparation and diversity of teacher candidates and new teachers in the State as required by the Blueprint for Maryland’s Future.
The report required under subsection (a) of this section shall include:
Data trends in:
The number of applications to and acceptance by Maryland teacher education institutions and alternative programs that prepare educators, as a whole and disaggregated by gender, racial, and ethnic background;
Teacher quality as measured by the grades, class standing, and accountability test performance of students applying to and admitted to institutions and alternative programs;
The proportion of graduates of teacher education programs, including those graduates expecting to teach at the elementary school level, who have majored as undergraduates in the subjects they plan to teach to the total number of graduates of teacher education programs;
The proportion of new teachers hired in the State who were trained out of State to those trained in the State;
The satisfaction of school district officials with newly hired teachers who have just graduated from Maryland institutions as determined by the school district officials’ responses to questions on a form the officials helped develop; and
The proportion of graduates of teacher education programs who pass required tests for licensure on the first attempt and after subsequent attempts;
Measures taken to increase the proportion of highly qualified individuals from groups historically underrepresented in the teaching profession who apply to teacher education institutions;
Measures taken to increase the number of high school graduates with very strong academic backgrounds who select teaching as a career;
Measures taken to make teacher education in the underlying disciplines more rigorous;
Measures taken to better align the programs of the teacher education institutions with State curriculum frameworks;
Measures taken to improve the background of beginning teachers in research and research techniques;
Implementation of more rigorous licensing standards and measures for new teachers in both mastery of the subject being taught and the methods for teaching it;
Implementation of incentives to attract high–quality high school graduates into careers in teaching;
Trends in the rates at which teachers are acquiring the credentials needed to advance up the career ladder, established under Title 6, Subtitle 10 of this article, including National Board Certification and higher steps on the ladder;
Trends in the distribution of teachers along the steps of the career ladder;
Trends in longevity in teaching in Maryland schools and, in particular, schools serving high proportions of historically underserved students;
Trends in the number of teacher candidates of color hired by local school systems disaggregated by higher education institution and alternative teacher preparation program and the systems in which those new teachers were hired; and
Trends in the number of teachers certified through alternative preparation programs that meet the requirements of the Blueprint for Maryland’s Future related to a longer practicum by school system.
On or after July 1, 2026, the Board, in consultation with the Maryland Longitudinal Data System Center, shall perform an evaluation that measures the effectiveness of efforts to increase diversity in:
Enrollment in teacher preparation programs;
Teacher candidates who successfully graduate from teacher preparation programs and subsequently enter the teaching profession; and
Teachers and school leaders in primary and secondary schools in the State.
The evaluation required under subsection (a) of this section shall be conducted in consultation with at least one institution of higher education in the State.
On or before December 31, 2026, the Board shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the evaluation performed under subsection (a) of this section, including any recommendations for alterations in State programs and policies as needed to ensure diversity in the areas described under subsection (a) of this section.
For fiscal year 2001 and each fiscal year thereafter, to be considered for funding under this subtitle, an educational institution must qualify as a State-aided educational institution under this subtitle.
To qualify as a State-aided educational institution, an educational institution shall submit to the Department the following documentation:
The names of the members of an independent governing board for the institution;
Proof of status as a nonprofit organization;
A copy of the most recent independent annual audit or copies of the most recent internally generated financial statements until the annual audit is available;
A detailed operating budget that:
For an educational institution other than the Baltimore Zoo, indicates that less than 50% of the operating budget comes from State grants;
Specifies all sources of income, including grants received, names of granting agencies, and the amount of each grant; and
Specifies all expenditures;
Plans for the use of any grant funds that may be awarded by the State-aided educational institutions grants programs;
Evidence of the provision of a direct service to Maryland school groups or to individuals with disabilities, including:
Data on age levels of students to be served;
Data on the projected number of students and teachers to be served both statewide and by local jurisdiction; and
Plans of the institution to support the goals of the Maryland Schools for Success Program and the Maryland School Performance Program; and
Evidence of liability insurance coverage.
An educational institution that seeks to qualify as a State-aided educational institution for funding in the fiscal year following the upcoming fiscal year shall submit before May 1 to the Maryland State Department of Education:
An augmentation request describing:
Who will be served;
The objectives of the educational program; and
The anticipated outcomes;
An application for qualification as a State-aided educational institution; and
Supporting documentation as described in § 5-501 of this subtitle.
The Department shall review applications for qualification as a State-aided educational institution and shall submit a list of the qualified institutions to the State Superintendent of Schools in June.
The State Superintendent shall:
Review and comment on the institutions on the list of qualified institutions and the extent and manner in which each would forward the goals of the Maryland Schools for Success Program and the Maryland School Performance Program; and
Present the list of qualified institutions and comments on each institution to the State Board at the July meeting for review and comment by the Board at the August meeting.
After the August meeting, the State Board shall submit to the Governor:
The list of qualified institutions;
The Superintendent’s comments on each institution; and
The Board’s comments, if any, on each institution.
The Department shall adopt regulations to implement this subtitle.
The provisions of this subtitle do not apply to a county otherwise authorized to issue bonds to fund public school construction under other provisions of the Code.
In this subtitle, “construction or improvement” means the planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping.
A county may issue bonds to finance any or all of the costs of construction or improvement of public schools in the county provided that the construction and improvement contracts and subcontracts comply with the requirements of Title 17, Subtitle 2 and Title 14 of the State Finance and Procurement Article if the requirements would otherwise be applicable.
Bonds shall be authorized by a resolution of the governing body of the county.
The resolution shall:
Generally describe the public school construction or improvements to be financed through the sale of the bonds;
State the maximum principal amount of the bonds;
Describe the sources of repayment of the bonds;
State the maximum term of the bonds, which may not exceed 30 years; and
Describe any terms or conditions under which the bonds may be redeemed before maturity.
The bonds shall:
Be dated and bear interest at a rate specified in the resolution;
Mature within 30 years of the date of issuance of the bonds;
Be issued at, above, or below par value, for cash or other consideration;
Be payable at a time, in the denomination, in registered form, within the meaning of § 19–204 of the Local Government Article, as specified in the resolution;
Carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds, as specified in the resolution;
Be payable in lawful money of the United States of America at a designated place;
Be subject to the terms and conditions specified in the resolution; and
Be sold in the manner, including private or negotiated sale, and upon the terms, specified in the resolution.
The county may enter into agreements with agents, banks, fiduciaries, insurers, or others to:
Enhance the marketability of and security for the bonds; or
Secure any tender option granted to the holders of the bonds.
If any officer whose signature appears on a bond ceases to be an officer before delivery of the bonds, the signature is valid and sufficient for all purposes.
The bonds, their issue, and their sale may be exempt from the provisions of §§ 19–205 and 19–206 of the Local Government Article.
Except as provided in paragraph (2) of this subsection, the net proceeds of the sale of the bonds may only be applied to the construction or improvement of public school facilities, as described in the resolution authorizing the issuance of the bonds.
If the net proceeds of the sale of any bonds exceeds the amount needed for the construction or improvement of the public school facilities, as described in the resolution, the excess funds shall be applied to:
The payment of interest on the bonds;
The payment of the next principal maturity of the bonds;
The redemption of any part of the bonds that are redeemable before maturity; or
If authorized by a resolution issued by the governing body of the county, the construction or improvement of other public school facilities.
Bonds issued under this subtitle are negotiable instruments under the laws of this State.
Before the preparation of bonds, the county may issue bond anticipation notes in accordance with Title 19, Subtitle 2, Part III of the Local Government Article.
Bonds issued under this subtitle constitute an irrevocable pledge of the full faith and credit and unlimited taxing power of the county to the payment of the principal of and interest on the bonds when the bonds become payable.
Except as provided in paragraph (2) of this subsection, in every fiscal year in which any of the bonds are outstanding, the county shall levy ad valorem taxes on all assessable property within the corporate limits of the county in an amount sufficient to make payments, when due, on the principal of and interest on the bonds.
If other funds are available to pay the principal of and interest on the bonds, the county may reduce the taxes that would otherwise need to be levied under this section.
The county may apply funds received from any source to the payment of the principal of and interest on the bonds.
Bonds issued under this subtitle are exempt from State, county, and municipal taxation.
Unless an individual is eligible to be issued a certificate by the State Superintendent, an individual may not be employed as a county superintendent, assistant superintendent, supervisor, principal, or teacher.
In this section the following words have the meanings indicated.
“Eligible spouse” means the spouse of an active service member or eligible veteran.
“Eligible spouse” includes a surviving spouse of:
An eligible veteran; or
An active service member who died before the date on which the application for an educator license is submitted.
“Eligible veteran” means a veteran who was discharged from active duty before the date on which the application for an educator license is submitted.
The State Superintendent shall expedite educator licensure for an active service member, eligible veteran, or eligible spouse.
To qualify for expedited educator licensure under this section, an active service member, eligible veteran, or eligible spouse shall:
Submit an application for educator licensure;
Hold a valid educator license or certificate in good standing issued in another state;
Meet the applicable qualifications for licensure in COMAR 13A.12.01.04 and 05; and
Pay the applicable licensure fee.
Subject to paragraph (2) of this subsection, the State Superintendent, at the request of a local school system, may issue a temporary educator license to an active service member, eligible veteran, or eligible spouse who holds a valid educator certificate or license in good standing issued in another state but who does not meet the qualifications for educator licensure in this State.
A temporary educator license issued under this subsection authorizes the active service member, eligible veteran, or eligible spouse, for a limited period of time, as determined by the State Superintendent, to be employed as an educator in the State while the active service member, eligible veteran, or eligible spouse completes additional requirements for licensure in this State.
The Department shall publish prominently on its website the process for obtaining expedited educator licensure under this section.
An individual authorized to practice in the State under § 10–14B–03 of the State Government Article may not be required to apply for expedited licensure under this section to practice in the State.
The State Board may adopt regulations to carry out this section.
Teachers’ certificates shall be of two classes:
First class; and
Second class.
Each teacher’s certificate issued by the State Superintendent shall be second class when issued.
Each county superintendent shall classify the certificate of each teacher employed by the school system of the superintendent’s county at least once every 2 years.
In determining the class of the certificate of a teacher, the county superintendent shall consider:
Scholarship;
Executive ability;
Personality; and
Teaching efficiency.
Each county superintendent shall keep a record of the kind, grade, and class of certificate held by each teacher employed by the school system of the superintendent’s county.
The State Superintendent shall keep a complete record of the academic preparation, professional training, and teaching experience of each applicant to whom a certificate is issued.
The State Superintendent shall keep a complete record of the credentials, certificates, or diplomas on which certificates have been issued or renewed.
The State Superintendent shall keep a complete record and file of:
Each certificate issued; and
Each certificate in force.
In this section, “national membership organization” means a national organization that is a national collection point for professional discipline actions taken by all 50 states, the District of Columbia, the U.S. Department of Defense Educational Opportunity schools, and Guam that provides members with notification of an action taken against the credential of an educator by other member states or jurisdictions.
The Department shall:
Register each local school system in the State as an associate member of a national membership organization that provides access to the Educator Identification Clearinghouse; and
Pay any applicable fees and dues associated with membership in the national membership organization.
Each local school system in the State shall:
Utilize the Educator Identification Clearinghouse through the national membership organization to screen each individual who receives, on or after August 1, 2026, an offer of employment from the local school system for an educator position that requires a license; and
Ensure that each individual who receives an offer specified under item (1) of this subsection:
Applies for the appropriate license after the offer of employment and before the start of employment; and
Obtains the appropriate license.
This section applies to the appointment, assignment, compensation, promotion, transfer, dismissal, and any other matter that relates to the employment of public school employees in this State.
The State Superintendent, a county board, a county superintendent, or an assistant to any one of these may not make any distinction or discriminate in favor of or against any public school employee of this State because of race, religion, color, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment except, as to sex, if the employment of a certain sex is reasonably necessary because of the nature of the employment.
Each teacher in a public school of this State shall have a duty-free lunch period each regularly scheduled school day.
This duty-free period shall be for at least 30 minutes, unless the students have a regular lunch period of less than 30 minutes in which case the duty-free period shall be the same as the regular lunch period.
Each county board may employ teacher aides to carry out the purposes of this section.
Each county board may use volunteer aides in school activities in its county.
A volunteer aide may not be used to supplant educational personnel but shall be used to assist regular employees in their assignments.
Each county superintendent shall establish guidelines for the use of volunteer aides in the school system of the superintendent’s county.
A volunteer aide is considered an agent of the county board for the limited purposes of:
Comprehensive liability insurance coverage under § 4–105 of this article; and
Workers’ compensation coverage under the Maryland Workers’ Compensation Act.
A county board may make an agreement or financial arrangement with an institution of higher education that satisfies the conditions of § 11-202 of this article, to provide classroom or administrative office experience for student teachers and student interns.
The institution of higher education and the county board where the student teaching center program is adopted shall:
Approve or select jointly the supervising teachers, who are employees of the county board, to serve in the program; and
Adopt an agreed, continuing, in-service improvement program for the supervising teachers.
While the student teacher is assigned as a student teacher, he shall be given the same authority as if he were a certificated employee of the county board to which he is assigned.
The authority of the student teacher extends to:
Every aspect of student management or discipline;
The handling of records of students; and
Any other aspect of authority granted to a certificated employee of a county board.
Student teachers and student interns are considered agents of the county board for the limited purposes of:
Comprehensive liability insurance coverage under § 4-105 of this article; and
Workers’ compensation coverage under the Maryland Workers’ Compensation Act, but this coverage is not to exceed the salary of a first year teacher in the county school system.
Whether or not an individual receives compensation for the individual’s services, an employee of a county health department functioning as a school nurse or school health aide, or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school shall have the immunity from liability described under § 5–803 of the Courts Article.
A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions shall have the immunity from liability described under § 5–803 of the Courts Article.
A county superintendent and any other employee of a county board who handles funds of the school system shall give bond to secure the interests of the State and the county board as their interests may appear in the penal sum required by the county board.
The bond shall have the security of any guaranty, deposit, trust, or other similar company authorized under the laws of this State to act in this capacity.
The cost or fee for this security shall be paid by the county board.
The executed bond shall be filed with the State Comptroller.
The bond shall contain provisions that the employee shall perform faithfully the duties of the employee’s office and pay over and apply all money that comes into the employee’s possession or control to the person and in the manner that the county board, under the provisions of this article, directs.
The requirements in subsection (a) of this section may be satisfied by the purchase of surety insurance or surety self-insurance provided by a pool established under Title 19, Subtitle 6 of the Insurance Article.
The surety insurance or self-insurance shall be in an amount required by the county board.
Teachers’ professional organizations are recommended as important means of raising the standard of public education by:
Mutual conference;
Interchange of views; and
Suggestions as to systems of teaching and discipline.
An employee of a county board who is absent due to physical disability that results from an assault while in the scope of board employment shall be kept on full pay status instead of sick leave during the period of absence.
Each county board shall establish rules and regulations for the entitlement and use of assault leave, including a requirement that an employee provide:
A signed statement that justifies the use of assault leave; and
If medical attention is required, a certificate from a licensed physician that states the nature and duration of the disability.
In this section, “Board” means the State Board of Audiologists, Hearing-Aid Dispensers, and Speech-Language Pathologists.
There is a program of county aid to audiologists and speech-language pathologists who:
Provide audiology and speech-language services on a third-party billing basis in schools; and
Are licensed by the Board.
Each audiologist and speech-language pathologist who meets the requirements of subsection (b) of this section shall receive from the county board an amount equal to the initial licensing fee or renewal of license fee charged by the Board.
The State Board shall adopt regulations to implement and administer the program established under this section.
An audiologist or speech-language pathologist shall reimburse the county board the full amount of the aid received if the audiologist or speech-language pathologist does not:
Complete all the requirements for renewal of a license by the Board; or
Provide audiology or speech-language pathology services on a third-party billing basis in a school.
A county board may not knowingly hire or retain any individual who has been convicted of a crime involving:
An offense under § 3–307 or § 3–308 of the Criminal Law Article or an offense under the laws of another state that would constitute a violation of § 3–307 or § 3–308 of the Criminal Law Article if committed in the State;
Child sexual abuse under § 3–602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3–602 of the Criminal Law Article if committed in this State; or
A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed in this State.
A local school system contract shall provide that a contractor or subcontractor for the local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of a crime identified under subsection (a) of this section.
In this section the following words have the meanings indicated.
“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.
“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:
Sexual or romantic invitation;
Dating or soliciting dates;
Engaging in sexualized or romantic dialogue;
Making sexually suggestive comments;
Grooming behaviors;
Self–disclosure or physical exposure of a sexual, romantic, or erotic nature; and
A sexual, indecent, romantic, or erotic contact with the minor.
A county board or nonpublic school that receives State funds shall require each employee to receive instruction annually on the prevention, identification, and reporting of child sexual abuse.
The instruction described in paragraph (1) of this subsection shall include comprehensive training and information to help employees to:
Recognize sexual misconduct in adults;
Recognize and appropriately respond to sexually inappropriate, coercive, or abusive behaviors among minors;
Recognize behaviors and verbal cues that could indicate a minor has been a victim of child sexual abuse; and
Respond to disclosures by minors or their parents or guardians of child sexual abuse or reports of boundary–violating behaviors of adults or minors in a supportive and appropriate manner that meets mandated reporting requirements under State law.
Each county board shall establish and implement policies that support the prevention of child sexual abuse through ongoing training of staff regarding:
Behavior that constitutes adult perpetration;
Reporting obligations and procedures; and
For staff involved in the hiring process, comprehensive screening of prospective employees.
The county board shall develop employee codes of conduct that address appropriate contact between staff and students.
Each employee shall complete the instruction and training described in subsection (b) of this section on an annual basis.
The instruction and training under this section:
May include in–person or e–learning instruction and training; and
Shall be periodically reviewed and updated.
On or before December 1, 2018, the Interagency Commission on School Construction and the State Council on Child Abuse and Neglect jointly shall develop guidelines and best practices for the assessment and modification of physical facilities and spaces to reduce opportunities for child sexual abuse.
Beginning in the 2019–2020 school year, each county board shall develop policies and procedures on the use and modification of physical facilities and spaces to reduce opportunities for child sexual abuse.
Each county board shall make information about the training opportunities described in this section available to parents, legal guardians, and other interested persons in the community.
In this section the following words have the meanings indicated.
“Child sexual abuse” has the meaning stated in § 6–113.1 of this subtitle.
“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.
“Contracting agency” includes an entity that provides transportation to and from a school using a vehicle other than a Type I or Type II school vehicle, in accordance with § 7–801 of this article.
“Direct contact with minors” means the care, supervision, guidance, or control of, or routine interaction with, a minor.
“Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under this section.
“School” means a public or nonpublic school.
“Sexual misconduct” has the meaning stated in § 6–113.1 of this subtitle.
A county board, nonpublic school, or contracting agency shall require an applicant for a position involving direct contact with minors to submit:
The contact information of the following employers:
The current employer;
All former school employers, including employers for which the applicant was an emergent employee; and
All former employers of the applicant in which the applicant was employed in a position involving direct contact with minors within the previous 10 years;
A written consent form, signed by the applicant, authorizing an employer listed under item (1) of this subsection to release all records relating to child sexual abuse or sexual misconduct; and
A written statement of whether the applicant:
Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:
The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;
An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;
A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:
State law; or
The policies of the county board or nonpublic school;
A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or
A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out;
Has ever been disciplined, discharged, nonrenewed, or asked to resign from employment, or has ever resigned from or otherwise separated from any employment while allegations of child sexual abuse or sexual misconduct were pending or were under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct; or
Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct.
Except as provided in subsection (g) of this section, before hiring an applicant for a position involving direct contact with minors, the county board, nonpublic school, or contracting agency shall:
Review an applicant’s employment history by contacting the employers listed by the applicant under subsection (b)(1) of this section and requesting the following information:
The dates of employment of the applicant; and
Answers to the questions regarding child sexual abuse or sexual misconduct required under subsection (b)(3) of this section; and
Request a report from the Department regarding the applicant’s eligibility for employment or certification status to determine whether the applicant:
Holds a valid and active certification appropriate for the position and is otherwise eligible for employment; and
Has been the subject of professional discipline related to child sexual abuse or sexual misconduct.
Not later than 20 days after receiving a request for information under subsection (c) of this section, an employer shall send to the county board, nonpublic school, or contracting agency the information requested on the form prescribed by the Department.
If the information from an employer includes an affirmative response to the child sexual abuse or sexual misconduct questions under subsection (b)(3) of this section, and the county board, nonpublic school, or contracting agency makes a determination to further consider the applicant for employment, the county board, nonpublic school, or contracting agency shall request that the former employer provide additional information about the information provided, including all records related to child sexual abuse or sexual misconduct.
An employer that receives a request for additional information under paragraph (1) of this subsection shall provide the additional information within 60 days of the date of the prospective employer’s request to:
The requesting county board, nonpublic school, or contracting agency; and
The applicant who is under consideration for employment.
A county board or nonpublic school may hire an applicant as an emergent employee for a period not to exceed 60 days pending the review of information and records required under this section only if:
The applicant has provided all the information and supporting documentation required under this section;
An employer has no knowledge of information regarding the applicant that would disqualify the applicant from employment;
The applicant swears or affirms that the applicant is not disqualified from employment; and
The applicant is not authorized to work alone with minors unless the applicant:
Works in the immediate vicinity of a permanent employee; or
If the applicant is a school vehicle driver, is subject to audio and video monitoring and recording, which is promptly reviewed by school administrators.
Based on the employment history review required under subsection (c) of this section, at any time within 60 days after hiring an applicant as an emergent employee, the county board or nonpublic school may:
Rescind the offer of employment; or
Complete the emergent employee’s hiring process, in accordance with the provisions of this title, with any executed contract reflecting the first day worked as an emergent employee.
Within 60 days after hiring an applicant as an emergent employee, a county board’s decision to dismiss the emergent employee, for any reason other than child sexual abuse or sexual misconduct, may be appealed:
In accordance with § 4–205 of this article;
In accordance with the collective bargaining agreement applicable to the emergent employee; or
If applicable, in accordance with § 6–202 of this title.
A county board or nonpublic school is authorized to share an employment history review required under subsection (c) of this section with other county boards and nonpublic schools.
A contracting agency is authorized to share an employment history review required under subsection (c) of this section with other contracting agencies.
A county board or nonpublic school may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a county board or nonpublic school and the applicant:
Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and
Provides information about any employment subsequent to the previous employment history review by the current or former county board or nonpublic school.
A contracting agency may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a contracting agency and the applicant:
Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and
Provides information about any employment subsequent to the previous employment history review by the contracting agency.
A county board, nonpublic school, or contracting agency shall conduct an employment history review of an applicant for a substitute position involving direct contact with minors as required under subsection (c) of this section before the initial hiring of the substitute employee or placement on the approved substitute employee list of the county board, nonpublic school, or contracting agency.
An employment history review of a substitute employee shall remain valid as long as the substitute employee continues to be employed by the same county board or remains on the approved substitute employee list of the nonpublic school or contracting agency.
If a substitute employee is seeking to be added to the substitute employee list of another county board, nonpublic school, or contracting agency, a new employment history review in accordance with subsection (c) of this section is required.
The appearance of a substitute employee on the substitute employee list of one county board, nonpublic school, or contracting agency does not relieve another county board, nonpublic school, or contracting agency of the duty of compliance with this section.
An employment history review conducted on the initial hiring of a substitute employee by a contracting agency, an intermediate unit, or any other entity that provides substitute staffing services to a county board or a nonpublic school shall satisfy the requirements of this section for all school entities using the services of that contracting agency, intermediate unit, or other entity.
A contracting agency, an intermediate unit, or any other entity providing substitute staffing services to a school entity shall comply with the provisions of this section.
A contracting agency shall conduct an employment history review of an applicant for employment with the contracting agency as required under subsection (c) of this section:
At the time of the initial hiring of the employee; or
Before the employee is assigned to work for a school entity in a position involving direct contact with minors.
The employment history review under subparagraph (i) of this paragraph shall remain valid as long as the employee continues to be employed by the hiring contracting agency.
A contracting agency shall:
Maintain a record of each employee’s employment history review required under this subsection; and
On request of the school entity to which an employee is assigned, provide access to the contracting agency’s records of that employee.
Before assigning an employee to perform work for a school entity in a position involving direct contact with minors, a contracting agency shall provide notice to the school entity of any affirmative responses to the child sexual abuse or sexual misconduct questions required under subsection (b)(3) of this section.
A contracting agency may not assign an employee to perform work for a school entity in a position involving direct contact with minors if the school entity objects to the assignment after receiving the notice required under subparagraph (i) of this paragraph.
Information and records about an applicant received by a county board, nonpublic school, or contracting agency under this section are not a public record for the purposes of the Maryland Public Information Act.
A county board, nonpublic school, or contracting agency that receives information and records from an employer about an applicant under this section may:
Use the information and records for the purpose of evaluating the applicant’s fitness to be hired or for continued employment; and
Report the information to the Department, a State licensing agency, a law enforcement agency, a child protective services agency, another school entity, or any other prospective employer, as appropriate.
A county board, nonpublic school, or contracting agency may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement that:
Has the effect of suppressing information relating to an investigation or disciplinary action in response to a report of suspected child sexual abuse or sexual misconduct by a current or former employee;
Affects the ability of the county board, nonpublic school, or contracting agency to report suspected child sexual abuse or sexual misconduct to the appropriate authorities; or
Requires the county board, nonpublic school, or contracting agency to expunge information about allegations or findings of suspected child sexual abuse or sexual misconduct from any document maintained by the employer unless the investigation resulted in a finding by:
The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;
An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;
A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:
State law; or
The policies of the county board or nonpublic school;
A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or
A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out.
A provision of an employment contract, an agreement for resignation or termination, or a severance agreement that is executed, amended, or entered into on or after July 1, 2019, and that is contrary to this section is void and unenforceable.
If there is a lapse in the operation of or the Department suspends the use of a system or database that the Department uses to check an applicant’s eligibility for employment or certification status, the Department shall notify the county boards, nonpublic schools, and any contracting agencies within 48 hours of the lapse or the suspension of the use of the system or database.
A person acting in good faith may not be held liable for disclosing any information or records related to child sexual abuse or sexual misconduct about a current or former employee’s professional conduct or reason for termination of employment to a county board, a nonpublic school, a contracting agency, the Department, or any other potential employer in accordance with this section unless the person:
Acted with actual malice toward the employee or former employee; or
Intentionally or recklessly disclosed false information about the employee or former employee.
The immunity from liability under paragraph (1) of this subsection shall be in addition to, and not a limitation of, any other immunity provided by law or any absolute or conditional privilege applicable to the disclosure of information or records or the applicant’s consent to the disclosure.
An applicant who provides false information or willfully fails to disclose material information required under this section shall be subject to professional discipline, including termination or denial of employment, and may be subject to professional discipline in accordance with the regulations of the Department.
Subject to subparagraph (ii) of this paragraph, the willful failure of an employer or former employer to respond to or provide the information and records requested by a county board, nonpublic school, or contracting agency under this section may result in civil penalties or professional discipline, if appropriate.
An employer or a former employer may not be held liable for failure to respond to a request for information about an applicant under this section if:
The laws of the state in which the employer or former employer is located prohibit the release of the information or records requested; or
The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019.
Notwithstanding any other provision of law, the Department may initiate disciplinary action before a hearing officer in accordance with the Department’s regulations against an applicant, an employee, a contracting agency, or a school administrator for willful violations of this section.
The Department may adopt regulations establishing procedures for disciplinary proceedings and the assessment of penalties in accordance with this section.
Nothing in this section shall be construed:
To prevent a county board, nonpublic school, or contracting agency from:
Conducting further investigations of prospective employees;
Requesting applicants to provide additional background information or authorizations beyond the information or authorizations required under this section; or
Requesting that an employer or a former employer provide more information than is required under this section;
To relieve a county board, a nonpublic school, a contracting agency, or any other mandated reporter of the legal responsibility to report suspected incidents of child sexual abuse or sexual misconduct in accordance with State law or the reporting requirements of the Department; or
To prohibit the right of an exclusive representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee’s termination or discipline for just cause or for the causes set forth in this section.
The State Superintendent, a county board, or a county superintendent may not print or have printed a teacher’s or other employee’s Social Security number on any type of identification card.
Subject to the requirements of this section, the Department may assign a unique identification number to each teacher employed by a public school in the State.
The identification number must be randomly generated and may not provide personally identifiable information about the individual to whom it is assigned.
The identification number shall be limited to use in reporting for educational purposes only:
To match data from multiple data collections and years; and
To meet State and federal reporting requirements.
In this section the following words have the meanings indicated.
“Eligible school” means a public school identified for restructuring under the accountability regulations of the State Board.
“Employer school system” means the local school system where an applicant to the Program is employed at the time of selection as a fellow.
“Fellow” means an individual selected to participate in the Program.
“Program” means the Principal Fellowship and Leadership Development Program.
“Receiving school” means a public school where a fellow is placed.
“Receiving school system” means the local school system in which the public school where a fellow is placed is located.
There is a statewide elementary and secondary education Principal Fellowship and Leadership Development Program in the Department.
The Department shall develop criteria for the selection of:
Fellows; and
Receiving schools.
Subject to the approval of the State Board, the State Superintendent may require a school system in corrective action to participate in the Program.
A principal in a local school system in the State may not participate in the Program in an eligible school within the same local school system.
A county superintendent may nominate a principal or assistant principal from within the local school system to participate in the Program in an eligible school within a different local school system.
A county superintendent may not nominate a principal or assistant principal from within the local school system to participate in the Program in an eligible school within the local school system.
The placement of a fellow in an eligible school satisfies the alternative governance requirement of the accountability regulations of the State Board.
A fellow shall receive an annual compensation that consists of:
A salary at the level and step the fellow would have received according to the salary scale of the employer school system; and
A $20,000 annual stipend.
For each year of the fellow’s placement in a receiving school, the Department shall issue a grant to the receiving school system in an amount that covers:
The annual stipend; and
If the fellow’s salary at the level and step on the salary scale of the receiving school system as of July 1 is less than that of the level and step on the salary scale of the employer school system, the amount of the difference.
The receiving school system shall reimburse the employer school system for:
The salary of the fellow;
The annual stipend; and
The fringe benefit costs associated with the fellow’s annual salary including the stipend.
Each year the State Superintendent shall select from a list of qualified applicants a maximum of 10 fellows and place them in public schools identified for restructuring in accordance with the selection criteria.
Each fellow shall make a commitment to serve for 3 years if selected.
Subject to the approval of both the State Superintendent and the county superintendent, the fellow may select, from among qualified employees of the receiving school system, the assistant principals in the receiving school where the fellow is placed.
In order to address orderly succession in school leadership, the fellow shall, subject to the approval of both the State Superintendent and the county superintendent of the receiving school system, select a qualified employee of the receiving school system, on or before the start of the third year of the fellow’s placement, to serve as the assistant principal in the receiving school who will assume leadership of the school after the fellow’s departure.
Provided that the assistant principal selected under paragraph (2) of this subsection has demonstrated satisfactory performance, the assistant principal shall become the principal of the school after the departure of the fellow.
The Department shall act as a fiscal agent for State funds appropriated under this section.
The Department shall develop guidelines for the establishment of comprehensive induction programs for new teachers.
In developing the guidelines under paragraph (1) of this subsection, the Department shall consult with local school systems and the Maryland Education Deans and Directors Council.
The guidelines shall include provisions concerning the following:
Mentoring; and
Professional development training and support.
Subject to paragraph (2) of this subsection, a mentor teacher for a teacher in an induction program shall be a highly competent teacher selected by the local school system who will work to instill in the teacher the skills and knowledge for the next generation of teachers.
After the career ladder system established under Subtitle 10 of this title is well established, mentor teachers will be selected using criteria from the career ladder system.
In this section the following words have the meanings indicated.
“Eligible school” means a Maryland public school that is a:
Title I school; or
School identified for school improvement, corrective action, or restructuring under the accountability regulations of the State Board.
“NBC teacher” means a teacher who is certified by the National Board for Professional Teaching Standards.
“Program” means the National Board Certified Teacher Pilot Program.
There is a National Board Certified Teacher Pilot Program in the State.
To participate in the Program an eligible school in the State must have at least three teachers who have:
Agreed to pursue certification by the National Board for Professional Teaching Standards; and
Signed a letter of intent to teach at the school for 3 years.
The State Superintendent shall select three public school systems to participate in the Program for a period of 3 years.
In consultation with the respective county board, the State Superintendent shall select five eligible schools from among the school systems selected to participate in the Program.
A county board shall give preference to an NBC teacher in employing a staff development teacher at an eligible school.
The State may reimburse the county board for the board’s cost of employing one staff development teacher at an eligible school, not to exceed $62,000 annually.
Candidates for National Board certification under this subsection shall be included in the State and local aid program for certification by the National Board of Professional Teaching Standards established under § 6–112 of this subtitle.
For fiscal years 2008 through 2010, the Governor shall include in the annual budget submission $320,000 for the Program.
The State Board shall adopt regulations to implement and administer the Program established under this section.
The State Board shall develop guidelines for an incentive program to encourage public school systems to:
Adopt a teacher support system that provides year-long assistance and support to teachers through a teacher consulting program in which consulting teachers are fully trained and apply rigorous teaching standards; and
Improve teacher retention during the first 5 years of service.
In developing the guidelines under subsection (a) of this section, the State Board shall conduct an assessment of the advisability and feasibility of providing competitive grants to county boards to assist in the development and implementation of a teacher support incentive program.
It is the intent of the General Assembly that, if money becomes available, the Governor include an appropriation in the State budget for grants for teacher support incentive programs established in accordance with the guidelines developed under this section.
In this section the following words have the meanings indicated.
“Alternative teacher preparation program” means a program:
Established by a county board, an institution of higher education, or a nonprofit organization and approved by the State Superintendent;
That leads to a participant receiving a Resident Teacher Certificate issued by the Department; and
That includes teaching assignments with supervision and mentoring by a qualified teacher.
“Eligible prekindergarten provider” has the meaning stated in § 7–1A–01 of this article.
“Partner school” means a local school system, nonpublic school, nonpublic special education school, or eligible prekindergarten provider that has a written partnership agreement with an institution of higher education or alternative teacher preparation program to provide a teacher training practicum for participants enrolled in a teacher preparation program at the institution of higher education or alternative teacher preparation program.
Each participant in an undergraduate and a graduate teacher preparation program shall complete a teacher training practicum as a requirement for graduation.
Except as provided in paragraph (3) of this subsection, an alternative teacher preparation program shall require each participant to successfully complete a teacher training practicum.
An alternative teacher preparation program for an early childhood education certification shall require each participant to successfully:
Complete a teacher training practicum; or
Satisfy criteria established by the Department under subparagraph (ii) of this paragraph that evaluate the knowledge and skills from prior learning relating to early childhood education.
The Department, in collaboration with institutions of higher education, shall establish standards for and criteria to evaluate the knowledge and skills from prior learning relating to early childhood education, including from a registered apprenticeship.
A teacher training practicum for a participant in:
An undergraduate teacher preparation program shall be:
A minimum of 100 days; and
Beginning on or before July 1, 2025, equivalent to one full school year; and
A graduate teacher preparation program:
Shall be for a minimum of 100 days; or
May be up to the equivalent of one full school year, at the discretion of the institution of higher education.
Except as provided in subparagraph (ii) of this paragraph, a teacher training practicum in an alternative teacher preparation program shall have a duration of:
Beginning on or before July 1, 2022, a minimum of 100 days; and
Beginning on July 1, 2025, a minimum of the equivalent of one full school year.
This subparagraph applies only to an alternative teacher preparation program operating in the State on or before July 1, 2021, that provides effective and diverse teachers in schools and local school systems, as approved by the State Superintendent, that have high rates, relative to other public schools in the State, of:
Teacher vacancies;
Teacher turnover; and
New teachers.
Beginning on July 1, 2025, the duration of a teacher training practicum in an alternative teacher preparation program shall be a minimum of 100 days.
The minimum duration of a teacher training practicum may be completed consecutively or over the course of the teacher preparation program.
A teacher training practicum in an alternative teacher preparation program shall include, at minimum, the following content:
Preparing lesson plans;
Teaching;
Debriefing;
Observation of a class of students to which the participant is assigned as a student teacher; and
40 hours of teaching during class periods.
Subject to subparagraph (ii) of this paragraph, a teacher training practicum shall be established through a written partnership agreement between a partner school and an institution of higher education or alternative teacher preparation program.
In establishing a teacher training practicum, an institution of higher education or alternative teacher preparation program shall prioritize selecting partner schools in the same community as the institution of higher education or alternative teacher preparation program.
The instructional program and work organization of a partner school shall be designed to reflect the career ladder developed under Subtitle 10 of this title.
An institution of higher education or alternative teacher preparation program and a partner school shall seek to provide teacher training practicum placements in a variety of school environments with diverse student populations that provide participants with the same kind of experiences as teachers employed in the State.
Subject to subparagraph (ii) of this paragraph, a mentor teacher for a participant in a teacher training practicum shall be a highly competent teacher, trained and selected by the partner school, who will work to instill in the participant the skills, attitudes, values, and knowledge necessary for the next generation of teachers.
When the Accountability and Implementation Board established under § 5–402 of this article determines that the career ladder system under Subtitle 10 of this title is well established throughout the State, mentor teachers will be selected using criteria from the career ladder system.
A partner school shall:
Assist an institution of higher education or alternative teacher preparation program in finding teacher training practicum placements for participants; and
Subject to item 2 of this item, compensate mentor teachers who supervise participants in a teacher training practicum; and
When the Accountability and Implementation Board established under § 5–402 of this article determines that the career ladder system under Subtitle 10 of this title is well established throughout the State, compensate mentor teachers according to the career ladder system.
An institution of higher education or alternative teacher preparation program shall collaborate with mentor teachers of a partner school to evaluate participants in a teacher training practicum to ensure each participant demonstrates the competencies required of certified teachers.
A partner school or a teacher preparation program may apply to the Department for a grant from the Teacher Collaborative Grant Program under § 6–123 of this subtitle for development of a teacher training practicum.
The Department and the Maryland Higher Education Commission may authorize a teacher preparation program or an alternative teacher preparation program to establish an apprenticeship program registered with the Maryland Department of Labor.
The State Board and the Professional Standards and Teacher Education Board shall, in consultation with the Accountability and Implementation Board established under § 5–402 of this article, adopt regulations to implement the provisions of this section.
A teacher preparation program shall:
Include the following components of instruction:
Basic research skills and methods and training on the routine evaluation and use of research and data to improve student performance;
Differentiation of instruction and demonstration of cultural competence for students of diverse racial, ethnic, linguistic, and economic backgrounds with different learning abilities;
Implementation of restorative approaches for student behaviors;
Identifying and assessing, in the context of the classroom, typical student learning deficits and techniques to remedy learning deficits;
Recognizing and effectively using high quality instructional materials, including digital resources and computer technology;
Core academic subjects that teachers will be teaching;
Methods and techniques for identifying and addressing the social and emotional needs of students, including trauma–informed approaches to pedagogy;
Skills and techniques for effective classroom management; and
Training in the skills and techniques for teaching effectively in a virtual learning environment, including the use of online curriculum;
Require program participants to demonstrate competency in each of the components required under item (1) of this subsection; and
Provide training in the knowledge and skills required to understand and teach the Maryland curriculum frameworks.
Each teacher preparation program shall incorporate classroom observations in which the program participant is observed in different school settings at the beginning of the teacher preparation program to assist a program participant in determining if the program participant has the aptitude and temperament for teaching.
A teacher preparation program shall develop a method for regularly communicating and collaborating with local school systems, including, if necessary, through financial memoranda of understanding, to strengthen teacher preparation, induction, and professional development programs.
An institution of higher education that offers graduate level courses in school administration shall develop:
A method for evaluating the potential of program participants to be effective school leaders; and
A curriculum to enable school leaders to organize and manage schools to achieve the effectiveness of top–performing schools or school systems, including:
Management of highly skilled professionals in a professional work environment; and
Effective peer observations and effective evaluations of other personnel.
These courses shall include clinical experience and assessments to determine whether participants demonstrate competency in these areas.
An institution of higher education:
May, if the institution of higher education shows cause, expand the total number of credit hours required to graduate from an undergraduate teacher preparation program by up to 12 credits; and
May not require a number of credit hours in excess of 132 total credit hours to graduate from an undergraduate teacher preparation program.
To further support and strengthen the profession of teaching in the State, the Department shall:
Provide technical assistance and other supports to teacher preparation programs at institutions of higher education in the State;
Develop a systemic method of providing feedback to teacher preparation programs to ensure that institutions of higher education have the most current information about the content, composition, and expectations for teachers of prekindergarten through 12th grade classes;
Assist teacher preparation programs in seeking and retaining highly qualified individuals, including individuals from groups historically underrepresented in the teaching profession;
In consultation with the Maryland Higher Education Commission, establish specific goals for the recruitment and retention of teachers in teacher preparation programs throughout the State; and
Work with teacher preparation programs that fail to meet the goals established under item (4) of this subsection to develop an action plan that demonstrates how the teacher preparation program will meet the goals.
The State Board and the Professional Standards and Teacher Education Board shall, in consultation with the Accountability and Implementation Board established under § 5–402 of this article, adopt regulations to carry out the provisions of this section.
Except as provided in § 6–704.1 of this title and beginning on or before July 1, 2018, the State Board shall require all certificated school personnel who have direct contact with students on a regular basis to complete training on or before December 1 each year, by a method determined by each county board, in the skills required to:
Understand and respond to youth suicide risk;
Identify professional resources to help students in crisis;
Recognize student behavioral health issues;
Recognize students experiencing trauma or violence out of school and refer students to behavioral health services; and
If the school is a community school, support any students needing the services at a community school.
The training required under subsection (a) of this section shall be:
Provided to certificated school personnel during an in–service program; or
A professional development requirement that may be met during time designated for professional development.
The State Board shall adopt regulations to implement this section.
This section may not be construed to impose a duty of care on certificated school personnel who complete training under subsection (a) of this section.
Unless the acts or omissions of a certificated school employee who completed training under subsection (a) of this section are willful, wanton, or grossly negligent, a person may not bring an action against the county board for personal injury or wrongful death caused by any act or omission resulting from:
Any training or lack of training of certificated school personnel under subsection (a) of this section; or
The implementation of the training required under subsection (a) of this section.
In this section the following words have the meanings indicated.
“Collaborative” means a signed agreement outlining commitments of a partnership among at least one county board, one teacher preparation program, and one exclusive employee representative to improve teacher education to prepare teachers for higher teacher standards and integrate teacher induction, professional development, and advancement to meet the goals of the January 2019 Interim Report of the Commission on Innovation and Excellence in Education established under Chapters 701 and 702 of the Acts of the General Assembly of 2016.
“Exclusive employee representative” means an employee organization designated as the exclusive representative of all public school employees in a county.
“Program” means the Teacher Collaborative Grant Program.
“Public school employee” has the meaning stated in § 6–401 of this title.
“Teacher preparation program” means a program of undergraduate or graduate studies that:
Prepares an individual to teach; and
Is offered at an institution of higher education in the State that is accredited or approved to operate under this article.
There is a Teacher Collaborative Grant Program.
The purpose of the Program is to:
Provide funds for collaboratives to develop state–of–the–art professional education for prospective and current teachers that reflects international and national best practices; and
Award grants to multiple collaboratives in various regions of the State that will develop model professional development programs that can be replicated in local school systems throughout the State.
The Department shall administer the Program in consultation with the Maryland Higher Education Commission.
A county board or teacher preparation program may submit an application to the Department to receive a grant to form a teacher collaborative that is in furtherance of the purpose of the Program.
To be eligible for a grant, an application shall identify a signed partnership agreement among at least one county board, one teacher preparation program, and one exclusive employee representative to form a teacher collaborative to design and implement at least two of the following:
A 21st–century practicum for teacher candidates to gain teaching experience in the classroom;
A professional development program for existing teachers; and
A peer assistance and review program to support:
Induction and mentoring programs for new teachers and struggling teachers; and
Effective teacher evaluation systems.
A practicum design developed under the Program shall require:
Prospective teachers to complete a full school year of practical teaching experience before completing a teacher preparation program that:
Shall be completed within the existing degree requirements to graduate from the teacher preparation program, if possible; and
May be completed at any time during the teacher preparation program as determined by the collaborative;
A county board and teacher preparation program jointly to identify a placement for a teacher candidate and compensate a mentor teacher to supervise and coach the teacher candidate;
Public schools offering the practicum to:
Be organized in a career ladder system; and
Consist of diverse student bodies that reflect the diversity of public schools in the State or the geographic area where the school is located;
Members of the public school faculty who are professor master teachers on the career ladder to hold appointments to teach as clinical or adjunct faculty at the teacher preparation program;
Members of the public school faculty who are lead teachers or master teachers on the career ladder to be responsible for designing the public school’s induction and mentoring program for new teachers and struggling teachers; and
Members of the public school faculty and the teacher preparation program faculty to be fully trained to understand and implement international and national best practices for teacher preparation and professional development.
A professional development program developed under the Program shall provide training and education in one or more of the following:
Culturally responsive pedagogy, content knowledge, and best practices in teaching diverse students and communicating with diverse student families, including individuals of all races, religions, sexual orientations, and gender identities;
Evaluation and effective use of research, data, and high–quality instructional materials, including digital resources and technology, to improve student performance;
Effective management of student behavior, including training in the use of restorative practices and trauma–informed approaches to meet student needs;
Conducting assessments of typical learning challenges for a student and methods to help the student overcome those challenges, including effective tools and strategies to meet the needs of students with disabilities and implement individualized education programs and 504 plans; and
Recognition of student mental health disorders.
A peer assistance and review program developed under the Program shall use:
Lead teachers or master teachers on the career ladder to mentor new teachers and support existing teachers who are struggling or low performing; and
An effective teacher evaluation system to provide rigorous, reliable, and relevant feedback for educators.
A teacher evaluation system developed under this paragraph shall:
Define the knowledge and skills expected of a teacher;
Utilize documented performance measures to provide personalized feedback that is aligned with the teacher’s strengths, needs, and professional learning context; and
Use a peer observation–based process to evaluate a teacher that:
Can be linked to student learning outcomes;
Requires the competency of the evaluator to be assessed;
Requires stakeholders, teachers and teacher candidates, and evaluators to be fully trained to understand the evaluation process; and
Includes postobservation conferences between the teacher and evaluator to encourage reflection of the teacher’s teaching practice.
An application shall include:
A description of at least two of the proposed:
Practicum design for teacher candidates;
Professional development program for existing teachers; or
Peer assistance and review program;
Evidence that the teacher preparation program in the collaborative submitted a grant application to a national program, if applicable, to increase the quality and diversity of the teacher candidate population; and
Any other information required by the Department.
The Department shall establish processes and procedures for accepting and evaluating applications.
Grants shall be awarded on a competitive basis.
The Department shall make awards in a timely fashion.
The Department shall ensure to the extent practicable geographic diversity among the grantees.
A grant made under this section may be renewed by the Department after a 3–year period unless performance criteria indicate that the teacher collaborative has not made sufficient progress in implementing the programs specified in the application.
The Department shall conduct an evaluation at least once during each grant period of the practicum designs, professional development programs, and peer assistance and review programs in the Program to determine whether to recommend that one or multiple programs should be replicated throughout the State.
The Department shall establish criteria for the evaluation, including the type and format of data to be collected by a teacher collaborative.
For each of fiscal years 2020 through 2024, the State shall distribute at least $2,500,000 to the Department for the Teacher Collaborative Grant Program.
The Department may retain up to 3% of the appropriation required under this subsection to hire staff necessary to administer the Program.
On or before December 1, 2019, and annually through December 1, 2024, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:
The number of grant applications received under the Program;
The number of grants awarded under the Program; and
The current status of each grantee and the grantee’s activities funded under the Program.
The Department shall establish, in collaboration with the Accountability and Implementation Board established under § 5–402 of this article, a school leadership training program for the State Superintendent, county superintendents, senior instruction–related staff, members of the Accountability and Implementation Board, members of the State Board, members of county boards, and school leaders.
The school leadership training program consists of two components:
The school system leadership training program; and
The Maryland school leadership academy.
The following individuals shall complete the school system leadership training program:
The State Superintendent;
A county superintendent; and
The chair and vice chair of the State Board, a county board, and the Accountability and Implementation Board.
The school system leadership training program shall be:
For a duration of 12 months;
Cohort–based to encourage collaboration and shared learning, including through regional gatherings of education leaders and other meetings when appropriate;
To the extent practicable, job–embedded to allow for application of knowledge and techniques;
Tailored to program participants using self–diagnostics and school–level diagnostics;
Evidence–based in accordance with the guidelines for the federal Every Student Succeeds Act;
Provided through both in–person and virtual sessions; and
Include training on the Blueprint for Maryland’s Future, as defined in § 5–401 of this article.
The school system leadership training program shall include:
A review of education in the United States relative to countries with top performing education systems and the implications of high performance for students, the economic security of the United States, and quality of life;
A model for strategic thinking that will assist education leaders to transform districts and redesign schools under their leadership;
Training to provide a working knowledge of research on how students learn and the implications for instructional redesign, curriculum plans, and professional learning;
A research–based model for coaching school leaders and instructional coaches;
A review of research regarding:
The benefits to students from access to high–quality and diverse teachers;
Methods to attract highly qualified teachers from diverse backgrounds who reflect the demographics of the students they teach; and
Best practices for teacher retention, including retention of teachers from diverse backgrounds;
Lessons in transformational leadership;
A method for organizing schools to achieve high performance, including:
Building instructional leadership teams;
Implementing career ladders for teachers;
Overseeing teacher induction and mentoring systems; and
Identifying, recruiting, and retaining high–quality and diverse school leaders;
Training to provide a deep understanding of standards–aligned instructional systems;
An overview of ethical leadership directly tied to the educational leaders’ responsibility to drive equitable learning in their schools; and
A review of research regarding methods to attract and retain an inclusive workforce.
The following individuals may complete the Maryland school leadership academy:
School principals;
School assistant principals;
School–based or county board leaders interested in developing the instructional leadership skills to become an effective school principal or assistant principal; and
Other individuals the Department or county board determines could benefit from the academy.
School leaders who work in or are interested in transferring to a community school or a low–performing school shall be given priority in participating in the academy.
The Maryland school leadership academy:
Shall be:
For a duration of 12 months;
Cohort–based to encourage collaboration and shared learning;
To the extent practicable, job–embedded to allow for application of knowledge and techniques;
Tailored to participants using self–diagnostics and school–level diagnostics;
Evidence–based in accordance with the guidelines for the federal Every Student Succeeds Act; and
Provided through both in–person and virtual sessions; and
Shall include training on best practices and strategies used by highly effective school leaders that will enable school leaders to implement components of the Blueprint for Maryland’s Future, as defined in § 5–401 of this article.
The Maryland school leadership academy shall include:
Strategic planning and change management to transform and redesign schools;
Instructional leadership, including:
Alignment between standards, assessments, and internalizing curriculum;
Lesson observations, providing feedback, and teacher coaching; and
Data–informed instruction and driving equitable learning outcomes across student groups;
Best practices for facilitating professional learning among teachers;
Methods for recruiting and retaining highly qualified teachers and teachers from diverse backgrounds who reflect the demographics of the students they teach;
A method for organizing schools to achieve high performance, including:
Building instructional leadership teams;
Utilizing teachers on the career ladder; and
Master scheduling; and
Strategies for effective peer mentorship.
The Maryland school leadership academy may include a mentorship component for participants.
Effective school leaders shall be selected to serve as mentors.
Mentors may be paid a stipend to participate in the academy.
The Department shall determine whether the Basic Literacy Skills test approved for initial teacher certification is sufficiently rigorous.
If the Department determines the Basic Literacy Skills test is insufficient under paragraph (1) of this subsection, the Department shall develop a new literacy examination of sufficient rigor.
The Department may not limit the number of times an individual may take the literacy examination developed under this subsection in order to pass.
Beginning after the implementation of the literacy examination under subsection (a) of this section, the Department shall develop and administer challenging, subject–specific examinations tailored to the subjects and grade level at which teachers will teach.
Subject–specific examinations shall be rigorous, as defined by the Department.
The Department may not limit the number of times an individual may take a subject–specific examination to pass the examination.
Before a subject–specific examination developed under paragraph (1) of this subsection is administered, the Department shall develop standards for the subject–specific examination and submit the standards to each Department–approved teacher preparation program 1 year before the first year in which the examination is expected to be administered.
A teacher preparation program with standards for a subject–specific examination developed by the Department under paragraph (2) of this subsection shall incorporate the standards into the curriculum of the teacher preparation program in a timely manner.
This subsection applies to individuals who have graduated from a teacher preparation program or an alternative teacher preparation program.
Beginning on July 1, 2025, to qualify for an initial certificate an individual shall:
Pass the subject–specific examinations under § 6–125 of this subtitle;
Meet one of the following qualifications:
Subject to paragraph (3) of this subsection, pass:
A nationally recognized, portfolio–based assessment of teaching ability; or
A portfolio–based assessment of a teacher preparation program that has national accreditation or has been approved by the Department; or
Subject to paragraph (4) of this subsection, complete a rigorous local school system teacher induction program that lasts for the lesser of:
3 years; or
The amount of time a teacher may hold a conditional teacher certificate;
Meet one of the following qualifications:
Pass a basic literacy skills assessment approved by the Department under § 6–125 of this subtitle;
Hold a degree from a regionally accredited educational institution and have earned a minimum overall cumulative grade point average of 3.0 on a 4.0 scale or its equivalent on the most recently earned degree; or
Submit documentation to the Department of having received effective evaluations from a local school system for 3 years;
Pass a rigorous State–specific examination of mastery of reading instruction and content for the grade level the individual will be teaching; and
Satisfactorily complete any other requirements established by the State Board.
An individual who graduates from a teacher preparation program in the State who passed a portfolio–based assessment described in paragraph (2)(ii) of this subsection may not be required to take the assessment more than one time.
An individual who successfully completes a Department–sponsored registered apprenticeship program for teaching may submit the apprenticeship certificate in lieu of passage of an assessment of teaching ability under paragraph (2)(ii) of this subsection.
In order to satisfy the requirements of paragraph (2)(ii)2 of this subsection, a candidate for an initial teacher certificate shall submit documentation to the Department that the candidate has completed a rigorous comprehensive induction program, established in accordance with § 6–117 of this subtitle, that meets the requirements of this paragraph.
The comprehensive induction program shall be developed by a local school system, either independently or collaboratively with other local school systems.
Before establishing a comprehensive induction program, one or more local school systems shall submit a plan for the program to the Department and the Accountability and Implementation Board.
The comprehensive induction program shall include a locally developed portfolio component that is aligned with the Interstate Teacher Assessment and Support Consortium Standards.
A teacher preparation program or an alternative teacher preparation program may use the locally developed portfolio component under subparagraph (iv) of this paragraph as meeting a portion of the coursework requirements of the program.
A candidate who satisfactorily completes a comprehensive induction program established in accordance with this paragraph may not be required to pass a nationally recognized, portfolio–based assessment of teaching ability.
This subsection does not apply to an individual authorized to teach in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article.
In addition to any other requirements established by the State Board, to qualify for a certificate in the State, a teacher who graduated from a teacher preparation program in another state or holds a professional license or certificate from another state shall:
Pass an examination of teaching ability within 18 months of being hired by a local school system;
Hold an active National Board Certification from the National Board for Professional Teaching Standards;
Complete a comprehensive induction program in accordance with subsection (a)(4) of this section; or
Submit documentation to the Department of having received effective evaluations from a school or school system for 2 years.
The Department, after a reasonable period of review and assessment, shall determine whether one of the assessments of teaching skill approved for initial teacher certification under this section more adequately measures the skills and knowledge required of a highly qualified teacher.
If the Department makes a determination under paragraph (1) of this subsection that requires a revision to the statutory requirements for initial teacher certification, the Department shall, in accordance with § 2–1257 of the State Government Article, submit a report to the General Assembly on or before the next September 1 on its recommendations for revising the qualifications for initial teacher certification.
The Department shall actively monitor and assess, during their implementation and development, new teacher standards and assessments produced under this section for any negative impact on the diversity of teacher candidates passing the initial teacher certification assessments.
The Department shall report the results of its monitoring and assessment to the Accountability and Implementation Board established under § 5–402 of this article.
In this section, “Montessori school” means:
A public school that uses Montessori instruction as its primary method of instruction; or
A Montessori school approved by the Department.
Subsections (c) and (d) of this section apply only to a candidate for a certificate to teach students in a Montessori school.
An individual is eligible for a certificate to teach students in a Montessori school if the individual:
Holds a valid credential from:
The American Montessori Society;
The Association Montessori Internationale; or
A program accredited by the Montessori Accreditation Council for Teacher Education; and
Holds a bachelor’s degree in any field.
The State Board may require an individual to successfully pass an examination to be certified under this section.
Except as provided in paragraph (1) of this subsection, an individual who satisfies the requirements of subsection (c) of this section may not be required to meet any additional requirements to be certified to teach students in a Montessori school.
An individual certified under this section may not teach students in a public school that is not a Montessori school unless the individual meets all other requirements relating to certification of public school teachers.
On or before January 1, 2025, the Department shall establish and maintain a Maryland Educator Recruitment, Retention, and Diversity Dashboard.
Subject to paragraph (3) of this subsection, the Dashboard shall include demographic information and key data points regarding:
Certificated and noncertificated personnel in public schools; and
Prospective educators within teacher preparation programs throughout the State who are participating in teacher internships.
The Dashboard may not include any demographic information that could be used to identify specific individuals.
Any demographic that is less than 5% of the relevant population may be reported simply as “< 5%”.
On or before December 1, 2024, and each December 1 thereafter, each county board shall report to the Department demographic and job status information on educators employed by, and teacher interns placed in, the public schools within the jurisdiction of the county board during the previous school year.
Each county board shall report the information required under paragraph (1) of this subsection disaggregated by:
School;
Gender;
Race;
Ethnicity;
Average length of service;
Status on the career ladder established under § 6–1002 of this title;
Number of educators hired during the reporting period; and
Attrition rates of educators during the reporting period.
The Department shall develop guidelines for an antibias training program for school employees.
The guidelines developed under this subsection shall:
Be inclusive;
Incorporate lessons in cultural awareness;
Aim to reduce implicit bias;
Be culturally responsive to the needs of educators and students;
Raise awareness of biases, prejudices, intolerances, and discrimination faced by African Americans, Native Americans, Asian Americans and Pacific Islanders, Hispanic Americans, and other historically marginalized racial and ethnic minorities;
Combat prejudices faced by historically marginalized religious minorities, including antisemitism and Islamophobia;
Seek to achieve schools that are more inclusive and tolerant of students, faculty, and staff regardless of an individual’s race, national origin, marital status, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or disability; and
Be evidence–based.
In developing the guidelines, the Department shall incorporate lessons learned from real life incidents of discriminatory bullying, harassment, or intimidation reported in accordance with § 7–424 of this article.
The Department periodically shall update the guidelines required under this subsection.
Each county board shall, in consultation with teachers and other public school employees, develop an antibias training based on the guidelines developed under subsection (a) of this section.
If the county board has an antibias training in place before the Department issues its guidelines, the county board shall, in consultation with teachers and other public school employees, update its training to incorporate the practices identified in the guidelines.
Every other year, each county board shall train each public school employee whose job duties include frequent interaction with students using its antibias training.
Antibias training shall be job–embedded, paid professional development training that is provided during nonteaching time.
To the extent practicable, the training shall:
Be offered in a peer–to–peer setting;
Take a half day or less to complete; and
Incorporate lessons learned from incidents of bullying, harassment, or intimidation in the county, reported in accordance with § 7–424 of this article.
At least once during the member’s term, each member of a county board shall complete the antibias training developed under subsection (b) of this section.
The training shall be conducted separately from the public school employee training required under subsection (c) of this section.
The Department is authorized to establish a national teacher recruitment campaign to bring licensed and prospective teachers to the State.
The campaign shall end on or before July 1, 2029.
The purpose of the campaign is to bring licensed and prospective teachers to the State to reduce the number of conditionally licensed teachers and meet the State’s teacher workforce needs to implement collaborative time.
Beginning July 1, 2025, the Department shall consult with a national education nonprofit that has experience in guiding other state education agencies in targeted, state–based recruitment campaigns.
The entity selected under paragraph (1) of this subsection shall support the Department in the design, implementation, and evaluation of the campaign, including the development of marketing materials and processes to help interested teacher candidates to become a teacher in the State.
The entity shall provide one–to–one mentoring and support services to prospective candidates at no cost to the candidate.
The campaign shall include public service announcement advertising, digital marketing, and direct outreach to encourage candidates to teach in the State.
In this section, “Grant” means the Maryland Teacher Relocation Incentive Grant.
There is a Maryland Teacher Relocation Incentive Grant.
The purpose of the Grant is to provide up to $2,000 to incentivize an out–of–state licensed teacher to move to the State in order to:
Address the State’s teacher workforce shortage; and
Reduce the number of conditionally licensed teachers in classrooms.
The Department shall administer the Grant.
Grants may not be awarded after June 30, 2029.
A county board may submit a proposal to the Department to receive a grant for a candidate.
To be eligible for a grant, a candidate shall:
Have a signed contract to teach in a public school in the State;
Be recognized as a licensed teacher in a public kindergarten, elementary, middle, or high school in another state to provide instruction in a specific subject area, grade level, or for a specific student population;
Hold an unencumbered license that is not restricted, probationary, provisional, temporary, or in any way serves as a substitute for fully licensed teachers in another state; and
Agree to teach in a school that has received funding under § 5–223 of this article for at least 2 years after receiving the grant.
An application shall include:
A copy of the teacher’s license held by the candidate;
A copy of the signed contract between the candidate and the county board; and
Any other information required by the Department.
The Department shall establish processes and procedures for accepting and evaluating applications.
On or before October 1, 2025, the Department shall make initial grant awards.
On or before December 30, 2029, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the grant awards, including the following information:
The number of grant applications received;
The number of grants awarded; and
The number of out–of–state teachers recruited to the State after the implementation of the Grant.
Subject to subsection (b) of this section, on or before July 1, 2027, the Department shall make available a professional development course on educator well–being and flourishing.
The course shall be made available to all school personnel and administrators.
The course may be made available through synchronous or asynchronous instruction.
To fulfill the requirements of this subsection, the Department may:
Develop a course;
Adapt an existing course developed by a third party; or
Make available an existing course developed by a third party.
The Department is required to provide a course under this section only if the course can be provided at no cost or at a comparable cost, as determined by the Department, to the cost the Department pays for providing a comparable course.
A course offered under this section shall be made available at a comparable rate to professional development courses for licensed personnel that contain the same number of professional development points.
A course offered under this section shall consist of instruction on understanding the eight dimensions of well–being identified by the federal Substance Abuse and Mental Health Services Administration and applying those lessons to increasing the educator’s personal well–being.
The course shall include instruction on:
Social well–being, including the importance of different types of relationships and building friendships and a sense of belonging and community;
Environmental well–being, including:
The importance of a connection to nature and the outdoors; and
The importance of feeling safe to an educator’s overall well–being;
Physical well–being, including the importance of a healthy body to overall well–being;
Emotional well–being, including the importance of being able to express feelings, adjust to emotional challenges, cope with life’s stressors, and enjoy life;
Spiritual well–being, including the importance of a sense of meaning, purpose, and character;
Occupational well–being, including the importance of work to an individual’s personal well–being;
Intellectual well–being, including the importance of being able to keep an active brain, cultivate personal interests, and pursue lifelong learning; and
Financial well–being, including the importance of understanding financial processes and financial resources.
Subject to paragraph (2) of this subsection, the county board shall employ individuals in the positions that the county board considers necessary for the operation of the public schools in the county.
In Prince George’s County, the County Superintendent of the Prince George’s County public school system shall hire and set the salaries of a chief operating officer, a chief financial officer, a chief academic officer, a chief of staff, a board liaison, and any other necessary executive staff in the office of the County Superintendent.
Except as provided in subsection (a) of this section and Subtitle 10 of this title, the county superintendent shall nominate for appointment by the county board:
All professional assistants of the office of county superintendent; and
All principals, teachers, and other certificated personnel.
As to these personnel, the county superintendent shall:
Assign them to their positions in the schools;
Transfer them as the needs of the schools require;
Recommend them for promotion; and
Suspend them for cause and recommend them for dismissal in accordance with § 6–202 of this subtitle.
Except in Worcester County and Baltimore City, the county superintendent shall appoint clerical and other nonprofessional personnel.
In Worcester County, the County Superintendent shall appoint clerical and other nonprofessional personnel with the advice and consent of the county board.
Notwithstanding any provision of local law, in Baltimore City, the appointment, tenure, and compensation of clerical and other nonprofessional personnel shall be determined in accordance with the personnel system established by the Baltimore City Board of School Commissioners under § 4–311 of this article.
Supervisory and administrative personnel shall be appointed in each county in accordance with ratios established by the rules and regulations of the State Board and within the ratio established under § 2–205(m) of this article.
These personnel shall include:
Supervising or helping teachers;
Supervisors of pupil personnel I;
Supervisors of pupil personnel II; and
Visiting teachers.
An individual may not be appointed as a professional assistant or to any position listed in subsection (d) of this section unless he holds the appropriate certificate from the State Superintendent issued in accordance with the rules and regulations of the State Board.
Subject to the provisions of this article, the qualifications, tenure, and compensation of each appointee shall be determined by the county board.
The county superintendent shall see that each regular appointee of the county board devotes his entire time to his duties.
The Department shall:
Develop an informational form that lists and explains the various paths that can be taken in order to obtain certification and tenure in the State; and
Post the form on its website.
On the recommendation of the county superintendent, a county board may suspend or dismiss a teacher, principal, supervisor, assistant superintendent, or other professional assistant for:
Immorality;
Misconduct in office, including knowingly failing to report suspected child abuse in violation of § 5–704 of the Family Law Article;
Insubordination;
Incompetency; or
Willful neglect of duty.
Before removing an individual, the county board shall send the individual a copy of the charges against the individual and give the individual an opportunity within 10 days to request:
A hearing before the county board; or
A hearing before an arbitrator in accordance with paragraph (5) of this subsection.
If an individual’s request does not specify that the hearing be before an arbitrator, the request shall be considered a request for a hearing before the county board.
If the individual requests a hearing before the county board within the 10–day period:
The county board promptly shall hold a hearing, but a hearing may not be set within 10 days after the county board sends the individual a notice of the hearing; and
The individual shall have an opportunity to be heard before the county board, in person or by counsel, and to bring witnesses to the hearing.
The individual may appeal from the decision of the county board to the State Board.
If the individual or the individual’s representative requests a hearing before an arbitrator within the 10–day period, the hearing shall be conducted in accordance with this paragraph.
An arbitrator shall be selected as provided in this subparagraph.
If the superintendent and the individual or the individual’s representative agree on an arbitrator, the arbitrator shall be chosen by mutual agreement of the parties.
If the superintendent and the individual or the individual’s representative cannot agree on an arbitrator:
The county board shall request from the American Arbitration Association a list of the arbitrators that are available to hear this type of dispute and make a decision in a timely manner; and
The parties shall alternately strike arbitrators from the list.
The rules of labor arbitration shall apply.
A stenographic record shall be made of the proceedings before the arbitrator.
The arbitrator shall determine whether the county board has sufficient cause for suspension or dismissal of the individual.
A lesser penalty than dismissal may be imposed by the arbitrator only to the extent that either party proposes the lesser penalty in the proceeding.
In making a decision, the arbitration proceeding is governed by this subtitle and by the collective bargaining agreement applicable to the individual.
Except as provided in subparagraph (viii) of this paragraph, the county board shall pay the full cost and expenses of the arbitration, including:
The American Arbitration Association’s administrative fees;
The full cost of the stenography and transcription services;
Reasonable expenses for required travel;
Reasonable fees and expenses incurred or charged by the arbitrator; and
Reasonable expenses associated with any witness or evidence produced at the request of the arbitrator.
The superintendent and the individual shall pay their own respective costs and expenses associated with any witness or evidence produced by them.
If the arbitrator determines that the county board had sufficient cause to suspend or dismiss the individual, then the individual shall pay 50% of the fees and expenses incurred or charged by the arbitrator and the administrative fees, if any, of the American Arbitration Association.
The decision and award by the arbitrator are final and binding on the parties.
An individual may request judicial review by a circuit court, which shall be governed by the Maryland Uniform Arbitration Act.
Notwithstanding any provision of local law, in Baltimore City the suspension and removal of assistant superintendents and higher levels shall be as provided by the personnel system established by the Baltimore City Board of School Commissioners under § 4–311 of this article.
Except as provided in paragraph (3) of this subsection, the probationary period of employment of a certificated employee in a local school system shall cover a period of 3 years from the date of employment and shall consist of a 1–year employment contract that may be renewed by the county board.
A county board shall evaluate annually a nontenured certificated employee based on established performance evaluation criteria.
Subject to subparagraph (iii) of this paragraph, if the nontenured certificated employee is not on track to qualify for tenure at any formal evaluation point:
A mentor promptly shall be assigned to the employee to provide the employee comprehensive guidance and instruction; and
Additional professional development shall be provided to the employee, as appropriate.
Nothing in this paragraph shall be construed to prohibit a county board from assigning a mentor at any time during a nontenured certificated employee’s employment.
Subject to subparagraph (ii) of this paragraph, if a certificated employee has achieved tenure in a local school system in the State and moves to another local school system in the State, that employee shall be tenured if the employee’s contract is renewed after 1 year of probationary employment in the local school system to which the employee relocated if:
The employee’s final evaluation in the local school system from which the employee departed is satisfactory or better; and
There has been no break in the employee’s service between the two systems of longer than 1 year.
A local school system may extend the probationary period for a certificated employee subject to subparagraph (i) of this paragraph for a second year from the date of employment if:
The employee does not qualify for tenure at the end of the first year based on established performance evaluation criteria; and
The employee demonstrates a strong potential for improvement.
The State Board shall adopt regulations that implement the provisions of paragraphs (1) and (2) of this subsection and define the scope of a mentoring program and professional development that will be aligned with the 3–year probationary period.
The State Board shall adopt regulations to establish standards for effective mentoring, including provisions to ensure that mentors provide mentoring that:
Is focused;
Is systematic;
Is ongoing;
Is of high quality;
Is geared to the needs of each employee being mentored;
Includes observations; and
Includes feedback.
In this subsection, “student growth” means student progress assessed by multiple measures and from a clearly articulated baseline to one or more points in time.
Subject to subparagraph (iii) of this paragraph, the State Board shall adopt regulations that establish general standards for performance evaluations for certificated teachers and principals that include observations, clear standards, rigor, and claims and evidence of observed instruction.
The regulations adopted under subparagraph (i) of this paragraph shall include default model performance evaluation criteria.
Before the proposal of the regulations required under this paragraph, the State Board shall solicit information and recommendations from each local school system and convene a meeting wherein this information and these recommendations are discussed and considered.
Subject to paragraph (6) of this subsection:
A county board shall establish performance evaluation criteria for certificated teachers and principals in the local school system based on the general standards adopted under paragraph (2) of this subsection that are mutually agreed on by the local school system and the exclusive employee representative.
Nothing in this paragraph shall be construed to require mutual agreement under subparagraph (i) of this paragraph to be governed by Subtitles 4 and 5 of this title.
Subject to paragraph (7) of this subsection, the performance evaluation criteria developed under paragraph (3) of this subsection:
Shall include data on student growth as a significant component of the evaluation and as one of multiple measures; and
May not be based solely on an existing or newly created single examination or assessment.
An existing or newly created single examination or assessment may be used as one of the multiple measures.
No single criterion shall account for more than 35% of the total performance evaluation criteria.
If a local school system and the exclusive employee representative fail to mutually agree under paragraph (3) of this subsection, the default model performance evaluation criteria adopted by the State Board under paragraph (2)(ii) of this subsection shall take effect in the local jurisdiction 6 months following the final adoption of the regulations.
Any performance evaluation criteria developed under this subsection may not require student growth data based on State assessments to be used to make personnel decisions before the 2016–2017 school year.
For all proceedings before a county board under § 6–202 of this subtitle and §§ 4–205(c) and 7–305 of this article, the county board may have the proceedings heard first by a hearing examiner.
Except as provided in paragraph (2) of this subsection, for proceedings before a county board under § 6–202 of this subtitle, the hearing examiner shall be an attorney admitted to practice before the Supreme Court of Maryland.
In Anne Arundel County, for proceedings before the Anne Arundel County Board under § 6–202 of this subtitle, the hearing examiner may, but need not, be an attorney.
The hearing examiner shall be chosen by the county board.
In Calvert and Charles counties, the hearing examiner may not be the attorney to the county board or be connected in any way with that attorney.
In Carroll and Howard counties, the hearing examiner may not be a partner or an employee of the law firm representing the county board.
The hearing examiner shall submit to the county board and appellant:
A record of the proceedings and exhibits; and
The hearing examiner’s findings of fact, conclusions of law, and recommendation.
Parties to the proceedings before the hearing examiner may make arguments before the county board.
After it reviews the record and the recommendation of the hearing examiner, the county board shall make a decision.
The decision may be appealed to the State Board as provided in this article.
Each county board shall adopt reasonable rules and regulations to regulate the proceedings before the hearing examiner.
For the purpose of establishing compensation rates and the basic rates for vacation and sick leave credit earnings, all professional personnel who previously were employed by a county school system or the public library system in this State and who are appointed to positions in the Department shall be given credit as employees of the Department for the years of service as employees of the county school system or public library system from which they transferred.
For the purpose of establishing vacation and sick leave credit earnings, this section applies to all professional personnel employed by the Department before July 1, 1972.
A teacher or principal whose certificate is rated by a county superintendent as second class under § 6-102 of this title may not receive a salary increment based on experience.
Except as provided in subsection (c) of this section, an individual who is employed as a teacher, librarian, principal, director of education, or supervisor of vocational education on the staffs of the following institutions or in the following programs, or an individual who is employed as a central office director, superintendent, specialist, or coordinator of education for the following institutions or programs, shall be paid the annual salary determined under subsection (b) of this section:
Any institution that is under the jurisdiction of:
The Department of Juvenile Services;
The Maryland Department of Health; or
The Juvenile Services Education County Pilot Program in the Department;
Any vocational rehabilitation program operated by the State Department of Education; and
Any correctional education program operated by the Maryland Department of Labor in a facility of the Department of Public Safety and Correctional Services.
There shall be a single, statewide institutional educator pay plan for the positions described under subsection (a) of this section. The pay plan shall be established by the Department of Budget and Management as provided in paragraph (2) of this subsection.
In establishing and administering the pay plan, the Secretary of Budget and Management on an annual basis shall review the salaries of public school teachers, librarians, and administrators in the six jurisdictions with the highest number of institutional educator positions and shall recommend salaries at levels that will be adequate to recruit and retain qualified institutional educators. The pay plan shall include classifications and pay grades based on the duties, responsibilities, education, and training required. The Secretary’s recommendations shall be made by December 1 of each year for implementation on July 1 of the following fiscal year.
The Secretary of Budget and Management shall submit any recommendations to the Governor for approval.
Notwithstanding any other provision of law, an individual in a position described under subsection (a) of this section at an institution that is under the jurisdiction of the Juvenile Services Education County Pilot Program in the Department may be employed or contracted to provide education services for a 10–month or 2–month period with a salary commensurate with the period of employment.
There is an Institutional Educator Pay Plan Advisory Committee.
The Advisory Committee shall consist of:
Five employee educators whose positions are included in the Institutional Educator Pay Plan established under § 6–302 of this subtitle from each of the following units:
The Division of Workforce Development and Adult Learning in the Maryland Department of Labor;
The Division of Rehabilitation Services in the Department of Education;
The Department of Juvenile Services;
The Maryland Department of Health; and
The Juvenile Services Education Program in the Department of Education; and
Any additional agency representatives appointed by the Secretary of Budget and Management.
The State Director of the Correctional Education Association shall recommend to the Secretary of Budget and Management individuals to serve as the institutional educator members of the Advisory Committee. The Secretary shall take these recommendations into consideration, but may appoint any individual who is an institutional educator under § 6–302(a) of this subtitle.
Each member of the Advisory Committee:
Shall serve a 3–year term; and
Shall serve without compensation; but
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
The Advisory Committee shall designate:
One member as chairperson; and
The time and place of its meetings.
The Advisory Committee shall review and comment on the Institutional Educator Pay Plan recommendations made by the Secretary of Budget and Management prior to the submission of the recommendations to the Governor.
The salary of a teacher and the salary of a Prince George’s County Board classified employee shall be paid:
At least monthly during the school year; and
On or before the tenth day of the month after the month for which the salary is due.
A teacher may not receive payment for services unless all of the current records required by the county superintendent are made and submitted properly.
Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.
In this subtitle the following words have the meanings indicated.
“Board” means the Public Employee Relations Board.
“Day” means a calendar day unless otherwise indicated.
“Employee organization” has the meaning stated in § 22–101 of the State Government Article.
“Home and hospital teacher” means a teacher employed by a public school employer to provide instructional services to a public school student who is unable to function effectively in the classroom setting due to the student’s medical, physical, or emotional condition.
A home and hospital teacher may teach in:
A private home;
A hospital;
A therapeutic center;
A school; or
Any other appropriate site.
“New employee processing” means the process for a newly hired public school employee, whether in person, online, or through other means, in which new employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.
“Public school employee” means a certificated professional individual who is employed by a public school employer or an individual of equivalent status in Baltimore City, except for a county superintendent or an individual designated by the public school employer to act in a negotiating capacity as provided in § 6–406(c) of this subtitle.
In Montgomery County, “public school employees” include:
Certificated and noncertificated substitute teachers employed by the public school employer for at least 7 days before March 1 of the school fiscal year ending June 30, 1978, and each year after; and
Home and hospital teachers employed by the public school employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, and each year after.
In Baltimore County, “public school employee” includes a secondary school nurse, an elementary school nurse, and a special school nurse.
In Frederick County, “public school employee” includes a social worker employed by a public school employer.
In Prince George’s County, “public school employee” includes home and hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors.
In Baltimore County, Calvert County, Charles County, and Garrett County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) instructors.
In Carroll County, “public school employee” includes:
A registered nurse;
Supervisory noncertificated employees as defined under § 6–501(i) of this title; and
Junior Reserve Officer Training Corps (JROTC) instructors.
In Dorchester County, “public school employee” includes supervisory noncertificated employees as defined under § 6–501(i) of this title.
“Public school employer” means a county board of education or the Baltimore City Board of School Commissioners.
Public school employees may form, join, and participate in the activities of employee organizations of their own choice for the purpose of being represented on all matters that relate to salaries, wages, hours, and other working conditions.
Public school employees, public school employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
In St. Mary’s County, licensed registered school nurses, Junior Reserve Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of the public school employer shall be included in the unit.
There may not be more than two units in a county.
In Baltimore County, one of the units shall consist of employees who are administrative and supervisory certificated employees. The second unit shall consist of all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle.
All eligible public school employees shall:
Be included in one of these units; and
Have the rights granted in this subtitle and Title 22 of the State Government Article.
An election held under Title 22, Subtitle 4 of the State Government Article shall be held:
In each school facility where public employees are assigned on a regularly scheduled school day;
In a manner assuring the secrecy of the ballot; and
On a regular working day for public school employees, between June 1 and June 15, inclusive, except in Baltimore City where the elections shall be held between November 1 and November 15 following the date on which certification of required membership enrollment is made.
The public school employer shall provide any assistance required in holding the elections.
Each public school employer shall provide the exclusive representative access to new employee processing.
Except as provided in subparagraph (iii) of this paragraph, the public school employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
The public school employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public school employer’s new employee processing that was not reasonably foreseeable.
The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public school employer and the exclusive representative in accordance with § 6–406 of this subtitle.
When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 6–406(e) of this subtitle.
In an impasse proceeding under § 6–406(e) of this subtitle, the mediator or Board shall consider:
The ability of the exclusive representative to communicate with the public school employees it represents;
The legal obligations of the exclusive representative to the public school employees;
Applicable State, federal, and local laws;
Any stipulations of the parties;
The interests and welfare of the public school employees and the financial condition of the public school employer;
The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public school employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
A request to negotiate under paragraph (2) of this subsection made between July 1, 2018, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public school employer’s new employee processing.
Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public school employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
This section does not prohibit a public school employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
Nothing in this section shall abrogate existing collective bargaining agreements between public school employers and exclusive representatives.
When a public school employer and an employee organization negotiate under this section, the public school employer and the employee organization shall:
Confer in good faith, at all reasonable times;
Honor and administer existing agreements;
Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner; and
Reduce to writing the matters agreed on as a result of the negotiations.
The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration.
On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to:
Salaries, wages, hours, and other working conditions, including procedures regarding employee transfers and assignments;
The structure, time, and manner of the access of the exclusive representative to a public school employer’s new employee processing as required under § 6–405 of this subtitle; and
A career ladder for educators established under Subtitle 10 of this title.
Except as provided in paragraph (3) of this subsection, a public school employer or at least two of its designated representatives may negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on other matters that are mutually agreed to by the employer and the employee organization.
A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law.
A matter that is not subject to negotiation under paragraph (2) of this subsection because it has not been mutually agreed to by the employer and the employee organization may not be raised in any action taken to resolve an impasse under subsection (e) of this section.
If a public school employer and an employee organization dispute whether a proposed topic for negotiation is a mandatory, a permissive, or an illegal topic of bargaining, either party may submit a request for a decision in writing to the Board for final resolution of the dispute.
A request for a decision shall:
Clearly identify each topic of bargaining for which the party is requesting a decision; and
Be made before the Board determines that an impasse has been reached.
If the Board receives a request for a decision, within 7 days after receipt of the request, the Board shall issue a letter to the public school employer and the employee organization that requests written briefs in support of their respective positions.
Within 7 days after receipt of a request from the Board for written briefs, the public school employer and the employee organization shall deliver to the Board a written brief on the issue of whether the topic is mandatory, permissive, or illegal in nature.
After receipt of written briefs from the public school employer and the employee organization, the Board shall:
Consider the merits of each party’s arguments;
Render a decision determining whether the topic of negotiation is mandatory, permissive, or illegal; and
Issue the written decision to the parties within 14 days after receiving the written briefs.
The Board may adopt regulations, guidelines, and policies to carry out its rights and responsibilities under this section.
To resolve disputes under this section, the Board shall develop a balancing test to determine whether the impact of the matter on the school system as a whole outweighs the direct impact on the teachers or employees.
In Montgomery County, the exclusive negotiating agent for the public school employees in a unit and the public school employer shall meet and negotiate under this section the salaries, wages, hours, and other working conditions of all persons actually employed as substitute teachers or home and hospital teachers.
The designation of representatives by the employer under this section does not prevent the designated employee organization from appearing before or making proposals to the public school employer at a public meeting or hearing.
If, on the request of either party, the Board determines from the facts that an impasse is reached in negotiations between a public school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days:
Request last and best offers from the public school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process; and
Order the public school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached.
The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer.
Within 5 calendar days after an order to mediate, the parties shall select a mediator by:
Agreement; or
Alternate striking from a list of seven neutral parties furnished by:
The Federal Mediation and Conciliation Service; or
The American Arbitration Association.
The mediator shall conclude the mediation within 25 days after convening the first mediation session.
If the public school employer and the employee organization do not reach agreement before concluding the mediation, the mediator shall issue a written offer to both parties and the Board of settlement of all matters raised.
Within 5 days after receiving the proposed settlement, the public school employer and the employee organization each shall notify the mediator of its intent to:
Accept the written proposed settlement;
Accept the written proposed settlement in part, as mutually agreed on by the public school employer and the employee organization; or
Decline the proposed settlement and request arbitration before the Board.
The public school employer and the employee organization shall share the costs of the mediator equally.
If either party declines the proposed settlement and requests arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing before the Board.
The Board shall:
Open the arbitration record within 20 days after receiving either party’s decision to decline the mediator’s proposal;
Convene a hearing;
Hear testimony from and receive supporting written evidence, as provided in an order of the Board, from the public school employer, the employee organization, and the mediator;
Administer oaths to witnesses deemed relevant and called by the Board;
Issue subpoenas to compel the production of relevant and nonprivileged documents and other tangible evidence that would also be subject to production before a hearing or at a hearing under Title 4 of the General Provisions Article; and
Receive, hear, and consider all evidence considered relevant by the Board, whether or not offered through an attorney, including:
The wages, hours, working conditions, or other terms and conditions of employment of similar public employees in comparable surrounding jurisdictions and comparable jurisdictions outside the State; and
The ability of the public school employer and the county served by the public school employer to pay, considering their existing resources, the costs of the final offers proposed and other personnel costs.
The Board shall conclude the hearing by issuing a written order within 20 days after the arbitration record is opened.
The Board shall issue the written award that selects and adopts:
The complete final offer of the public school employer;
The complete final offer of the employee organization; or
The mediator’s complete offer of settlement.
The Board’s written award is final and binding on the public school employer and the employee organization.
The public school employer and the employee organization shall share the costs of the hearing equally.
Any negotiated provision or decision of the Board is subject to the other provisions of this article concerning the fiscal relationship between the public school employer and the county commissioners, county council, and Mayor and City Council of Baltimore City.
If a fiscal authority does not approve enough funds to implement the negotiated agreement, the public school employer shall renegotiate the funds allocated for these purposes by the fiscal authority with the employee organization before the public school employer makes a final determination in accordance with a timetable and procedure established by the Board.
In this subtitle the following words have the meanings indicated.
“Board” means the Public Employee Relations Board.
“Confidential employee” includes an individual whose employment responsibilities require knowledge of the public school employer’s posture in the collective negotiation process, as determined by the public school employer in negotiations with an employee organization that requests negotiation on this issue.
“Day” means a calendar day unless otherwise indicated.
“Employee organization” has the meaning stated in § 22–101 of the State Government Article.
“Managerial employee” includes an individual who is engaged mainly in executive and managerial functions.
“New employee processing” means the process for a newly hired public school employee, whether in person, online, or through other means, in which new employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.
“Noncertificated employee”, in Montgomery County, means only a full–time employee.
“Public school employee” means a noncertificated individual who is employed for at least 9 months a year on a full–time basis by a public school employer.
“Public school employee” includes a noncertificated employee in Baltimore City notwithstanding that the noncertificated employee does not work for at least 9 months a year on a full–time basis.
“Public school employee” does not include:
A managerial employee; or
A confidential employee.
“Public school employer” means the county board in each county.
“Public school employer” includes the Baltimore City Board of School Commissioners.
“Supervisory employee” includes any individual who responsibly directs the work of other employees.
Public school employees may form, join, and participate in the activities of employee organizations of their own choice for the purpose of being represented on all matters that relate to salaries, wages, hours, and other working conditions.
Public school employees, public school employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
Except as provided in paragraphs (3) and (5) of this subsection, there may not be more than three units in a county and a unit may not include both supervisory and nonsupervisory employees.
If a county has more than three recognized units and, as of July 1, 1974, the units have exclusive representation for collective negotiations, these units may continue as negotiating units.
In Baltimore County, there shall be three units, including one unit of supervisory employees as defined in § 6–501(i) of this subtitle.
In Carroll County, beginning on October 1, 2007:
There shall be no more than three units; and
All units shall be nonsupervisory units.
In Baltimore City, the public school employer may designate a fourth unit composed of all Baltimore City school police officers, as defined in § 4–318 of this article, up to and including the rank of lieutenant.
All eligible public school employees shall:
Be included in one of these units; and
Have the rights granted in this subtitle.
Employee organizations recognized by the public school employer as the exclusive representative of all public school employees in a specified unit on July 1, 1978, shall continue to be the exclusive representative subject to Title 22, Subtitle 4 of the State Government Article.
Any collective negotiation agreement that has been entered into by an exclusive representative and a public employer as of July 1, 1978, shall continue in effect for the term of the agreement.
Each public school employer shall provide the exclusive representative access to new employee processing.
Except as provided in subparagraph (iii) of this paragraph, the public school employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
The public school employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public school employer’s new employee processing that was not reasonably foreseeable.
The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public school employer and the exclusive representative in accordance with § 6–507 of this subtitle.
When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 6–507(e) of this subtitle.
In an impasse proceeding under § 6–507(e) of this subtitle, the mediator or Board shall consider:
The ability of the exclusive representative to communicate with the public school employees it represents;
The legal obligations of the exclusive representative to the public school employees;
Applicable State, federal, and local laws;
Any stipulations of the parties;
The interests and welfare of the public school employees and the financial condition of the public school employer;
The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public school employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
A request to negotiate under paragraph (2) of this subsection made between July 1, 2018, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public school employer’s new employee processing.
Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public school employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
This section does not prohibit a public school employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
Nothing in this section shall abrogate existing collective bargaining agreements between public school employers and exclusive representatives.
When a public school employer and an employee organization negotiate under this section, the public school employer and the employee organization shall:
Confer in good faith, at all reasonable times;
Honor and administer existing agreements;
Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner; and
Reduce to writing the matters agreed on as a result of the negotiations.
The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration.
On request, a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to:
Salaries, wages, hours, and other working conditions, including the discipline and discharge of an employee for just cause; and
The structure, time, and manner of the access of the exclusive representative to a public school employer’s new employee processing as required under § 6–506 of this subtitle.
Except as provided in paragraph (3) of this subsection, a public school employer or at least two of its designated representatives may negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on other matters that are mutually agreed to by the employer and the employee organization.
A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law.
A matter that is not subject to negotiation under paragraph (2) of this subsection because it has not been mutually agreed to by the employer and the employee organization may not be raised in any action taken to resolve an impasse under subsection (e) of this section.
If a public school employer and an employee organization dispute whether a proposed topic for negotiation is a mandatory, a permissive, or an illegal topic of bargaining, either party may submit a request for a decision in writing to the Board for final resolution of the dispute.
A request for a decision shall:
Clearly identify each topic of bargaining for which the public school employer or employee organization is requesting a decision; and
Be made before the Board determines that an impasse has been reached.
If the Board receives a request for a decision, within 7 days after receipt of the request, the Board shall issue a letter to the public school employer and the employee organization that requests written briefs in support of their respective positions.
Within 7 days after receipt of a request from the Board for written briefs, the public school employer and the exclusive representative shall deliver to the Board a written brief on the issue of whether the topic at issue is mandatory, permissive, or illegal in nature.
After receipt of the written briefs from the public school employer and the employee organization, the Board shall:
Consider the merits of each party’s arguments;
Render a decision determining whether the topic of negotiation is mandatory, permissive, or illegal; and
Issue the written decision to the parties within 14 days after receiving the written briefs.
The Board may adopt regulations, guidelines, and policies to carry out its rights and responsibilities under this section.
To resolve disputes under this section, the Board shall develop a balancing test to determine whether the impact of the matter on the school system as a whole outweighs the direct impact on the employees.
The designation of representatives by the employer under this section does not prevent an employee organization from appearing before or making proposals to the public school employer at a public meeting or hearing.
If, on the request of either party, the Board determines from the facts that an impasse is reached in negotiations between a public school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days:
Request last and best offers from the public school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process; and
Order the public school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached.
The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer.
Within 5 calendar days after an order to mediate, the parties shall select a mediator by:
Agreement; or
Alternate striking from a list of seven neutral parties furnished by:
The Federal Mediation and Conciliation Service; or
The American Arbitration Association.
The mediator shall conclude the mediation within 25 days after convening the first mediation session.
If the public school employer and the employee organization do not reach agreement before concluding the mediation, the mediator shall issue a written offer to both parties and the Board of settlement of all matters raised.
Within 5 days after receiving the proposed settlement, the public school employer and the employee organization each shall notify the mediator of its intent to:
Accept the written proposed settlement;
Accept the written proposed settlement in part, as mutually agreed on by the public school employer and the employee organization; or
Decline the proposed settlement and request arbitration before the Board.
The public school employer and the employee organization shall share the costs of the mediator equally.
If either party declines the proposed settlement and requests arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing before the Board.
The Board shall:
Open the arbitration record within 20 days after receiving either party’s decision to decline the mediator’s proposal;
Convene a hearing;
Hear testimony from and receive supporting written evidence, as provided in an order of the Board, from the public school employer, the employee organization, and the mediator;
Administer oaths to witnesses deemed relevant and called by the Board;
Issue subpoenas to compel the production of relevant and nonprivileged documents and other tangible evidence that would also be subject to production before a hearing or at a hearing under Title 4 of the General Provisions Article; and
Receive, hear, and consider all evidence considered relevant by the Board, whether or not offered through an attorney, including:
The wages, hours, working conditions, or other terms and conditions of employment of similar public employees in comparable surrounding jurisdictions and comparable jurisdictions outside the State; and
The ability of the public school employer and the county served by the public school employer to pay, considering their existing resources, the costs of the final offers proposed and other personnel costs.
The Board shall conclude the hearing by issuing a written order within 20 days after the arbitration record is opened.
The Board shall issue the written award that selects and adopts:
The complete final offer of the public school employer;
The complete final offer of the employee organization; or
The mediator’s complete offer of settlement.
The Board’s written award is final and binding on the public school employer and the employee organization.
The public school employer and the employee organization shall share the costs of the hearing equally.
Any negotiated provision or decision of the Board is subject to the other provisions of this article concerning the fiscal relationship between the public school employer and the county commissioners and county council.
If the fiscal authority does not approve enough funds to implement the negotiated agreement, the public school employer shall renegotiate the funds allocated for these purposes by the fiscal authority with the employee organization before the public school employer makes a final determination in accordance with the timetable and procedure established by the Board.
The Interstate Agreement on Qualifications of Educational Personnel is enacted into law and entered into with all jurisdictions legally joining in the Agreement in the form substantially as set forth in § 6-604 of this subtitle.
The “designated state official” for this State, under the terms of the Agreement set forth in § 6-604 of this subtitle, is the State Superintendent.
The State Superintendent may enter into contracts under Article III of the Agreement only if the State Board approves the text of the contract.
A copy of each contract made on behalf of this State under the Agreement shall be kept on file in the offices of the State Superintendent and the Secretary of State.
The State Superintendent shall publish each contract in convenient form.
INTERSTATE AGREEMENT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL
Article I
Purpose, Findings, and Policy
The states party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.
Article II
Definitions
As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
“Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
“Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this Agreement.
“Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
“State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
“Originating state” means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
“Receiving state” means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.
Article III
Interstate Educational Personnel Contracts
The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this Agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.
Any such contract shall provide for:
Its duration.
The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
Any other necessary matters.
No contract made pursuant to this Agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.
Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.
Article IV
Accepted and Approved Programs
To the extent that contracts made pursuant to this Agreement deal with the academic or other educational training requirements for the proper qualification of educational personnel, the principles set forth in this article shall govern.
The approval, by the appropriate state or local authorities pursuant to the laws of a sending state, of a program of educational training shall have such effect on the qualification of educational personnel within that state as its laws provide.
Acceptance of a program of educational preparation or training for purposes of this Agreement shall be in accordance with such procedures and requirements as may be provided in the applicable contract.
Article V
Interstate Cooperation
The party states agree that:
They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.
They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
Article VI
Agreement Evaluation
The designated state officials of any party state may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes.
Article VII
Other Arrangements
Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.
Article VIII
Effect and Withdrawal
This Agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this Agreement.
Any party state may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.
No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.
Article IX
Construction and Severability
This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any state participating therein, the Agreement shall remain in full force and effect as to the state affected as to all severable matters.
In this subtitle the following words have the meanings indicated.
“Board” means the Professional Standards and Teacher Education Board.
“Review Board” means the entity composed of, and appointed by, the Professional Standards and Teacher Education Board under § 6–707 of this subtitle.
There is a Professional Standards and Teacher Education Board in the State Department of Education.
The Board consists of the following members:
Eight public school classroom teachers, as follows:
Six chosen from a list of nominees provided by the statewide teachers’ organization representing a majority of teachers in the State for collective bargaining purposes; and
Two chosen from a list of nominees provided by a statewide teachers’ organization representing teachers in at least one jurisdiction within the State for collective bargaining purposes other than the majority organization provided for in item 1 of this item;
Six teacher education faculty members from colleges of the State, chosen from a list of nominees provided by:
The Maryland Association of Teacher Educators; and
The Maryland Association of Colleges of Teacher Education;
Four administrative or supervisory staff members of public schools, as follows:
Two chosen from a list of nominees provided by the Public School Superintendents’ Association of Maryland;
One chosen from a list of nominees provided by the Maryland Association of Secondary School Principals; and
One chosen from a list of nominees provided by the Maryland Association of Elementary School Administrators;
One administrative or supervisory staff of the approved nonpublic schools of the State, chosen from a list of nominees provided by the Association of Independent Schools;
One member of a local board of education, chosen from a list of nominees provided by the Maryland Association of Boards of Education;
Two representatives of the Maryland Association of Nonpublic Special Education Facilities, chosen as follows:
One licensed special education teacher currently providing classroom instruction, chosen from a list of nominees provided by the Maryland Association of Nonpublic Special Education Facilities; and
One administrator or supervisory staff member, chosen from a list of nominees provided by the Maryland Association of Nonpublic Special Education Facilities;
Two representatives of the general public, as follows:
One chosen from a list of nominees provided by the Speaker of the House of Delegates of Maryland; and
One chosen from a list of nominees provided by the President of the Senate of Maryland; and
The State Superintendent or a designee of the State Superintendent.
The Board shall include all the members of the Professional Standards and Teacher Education Advisory Board serving on July 1, 1991.
The Governor, with the advice and consent of the Senate of Maryland, shall appoint the members of the Board described in subsection (a)(1)(i) through (vii) of this section.
In making the appointments required under this subsection, the Governor shall ensure that the Board is representative of:
The geographic regions of the State; and
Minority populations of the State as defined in § 9–301 of the State Government Article.
The term of an appointed member is 3 years.
The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 1991.
At the end of a term, a member continues to serve until a successor is appointed.
A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.
The Governor may remove a member for incompetence or misconduct.
From among its members, the Board annually shall elect a chairman.
A majority of the members of the Board then serving on the Board is a quorum.
The staff for the Board shall be provided by the State Board.
In accordance with Title 10, Subtitle 1 of the State Government Article, both the State Board and the Board shall develop for consideration rules and regulations for:
Except as provided in item (iii) of this paragraph, the certification of teachers and other professional personnel in accordance with this article;
Requirements for preparation of teachers and other education personnel;
The certification of social workers employed by a local school employer as professional personnel; and
Attracting and providing certification to teachers from groups historically underrepresented in the teaching profession.
Rules and regulations developed by the State Board shall be reviewed by the Board.
Rules and regulations developed by the Board shall be reviewed by the State Board.
Rules and regulations that are initiated by either the State Board or the Board and submitted for review to each other shall be acted upon within 60 days of their receipt by the other party.
Recommendations on rules and regulations shall be implemented if both the Board and the State Board approve them.
An individual who is otherwise qualified may not be denied the right to receive credentials from the Board, to receive training to become a teacher, or to practice teaching in any school because that individual is totally or partially blind.
A county board may not refuse to contract with or engage a teacher because of blindness if the blind teacher is capable of performing the duties of the position for which he has applied.
The right of a school psychologist, who is certified by the Board to practice school psychology consistent with the provisions of that certification, may not be limited by Title 18 of the Health Occupations Article with respect to the practice of school psychology in an educational institution.
The Board may establish a fee, not to exceed $10, for issuance or renewal of a teacher certificate.
The Board may not require a fee:
For the addition of any new area of certification to a currently valid certificate; or
Except for the fee authorized under this subsection, for the evaluation of credentials for the certification of teachers.
This subsection does not apply to an individual authorized to provide school counseling in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article.
On or before July 1, 2016, the Board shall require a certificate holder applying for renewal of a certificate as a school counselor to have obtained training in, by a method determined by the Board, the knowledge and skills required to understand and respond to the social, emotional, and personal development of students, including knowledge and skills relating to:
The recognition of indicators of mental illness and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse; and
The identification of professional resources to help students in crisis.
The training required under subsection (a) of this section shall be commensurate with the duties of a school counselor and may exceed the training required of other school personnel under § 6–122 of this title.
The Board shall adopt regulations to implement the provisions of this section.
It is the intent of the General Assembly that the process for initial certification of qualified teachers and other school personnel educated or credentialed in other states be efficient and effective to encourage more teachers and other school personnel to live and work in the State.
Subject to the rules and regulations that are implemented according to § 6–704 of this subtitle, the State Superintendent may make an agreement with the appropriate educational authority of any other state to provide for reciprocity in the certification of teachers.
Subject to the regulations of the Board, the State Superintendent may accept the accreditation for certification purposes of a program for teacher preparation if:
The accreditation is granted by a recognized national accrediting agency; and
The institution preparing the teachers is in another state.
In addition to the powers set forth elsewhere in this subtitle, the Board may adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to carry out the provisions of this subtitle.
From among its members, the Board shall appoint a Review Board.
The Review Board consists of five members which shall be composed of:
The State Superintendent;
The local board of education member;
Two of the public school teacher members; and
One of the teacher education faculty members.
One member of the Review Board shall be appointed to act as a liaison between the Board and the Review Board.
The term of a member of the Review Board is 1 year.
Upon the recommendation of the State Superintendent, a member of the Review Board may be reappointed once.
The term of office shall be from September 1 of the calendar year in which the appointment is made.
The Review Board shall:
Make recommendations to the Board on appeals from rulings of the certification staff; and
Submit its findings to the Board.
The Board shall make the final determination for each appellate case.
In this subtitle the following words have the meanings indicated.
“Public school employee” means any individual who is employed by a public school employer or an individual of equivalent status in Baltimore City.
“Public school employee” does not include a State employee.
“Public school employer” means a county board of education or the Baltimore City Board of School Commissioners.
“Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of an employee, or who has managerial authority to take corrective action regarding the violation of a law, rule, or regulation of which the employee complains.
Subject to § 6–903 of this subtitle, a public school employer may not take or refuse to take any personnel action as reprisal against a public school employee because the employee:
Discloses or threatens to disclose to a supervisor an activity, a policy, or a practice of the employer that is in violation of a law, rule, or regulation;
Provides information to or testifies before any public body conducting an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by the employer; or
Objects to or refuses to participate in any activity, policy, or practice in violation of a law, rule, or regulation.
The protection provided against a violation of § 6–902 of this subtitle shall apply only if:
The public school employee has a reasonable, good faith belief that the public school employer has, or still is, engaged in an activity, a policy, or a practice that is in violation of a law, rule, or regulation;
The public school employee discloses information that the employee reasonably believes evidences:
An abuse of authority, gross mismanagement, or gross waste of money;
A substantial and specific danger to public health or safety; or
A violation of law; and
The public school employee has reported the activity, policy, or practice to a supervisor or an administrator of the public school employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice.
Any public school employee who is subject to a personnel action in violation of § 6–902 of this subtitle may file an administrative complaint with a public school employer.
A public school employer shall:
Provide an administrative remedial process for a public school employee who files an administrative complaint under paragraph (1) of this subsection; and
Complete the administrative remedial process under item (i) of this paragraph within 30 days after a public school employee files an initial administrative complaint.
Before instituting a civil action, a public school employee who is subject to a personnel action in violation of § 6–902 of this subtitle shall notify the local superintendent in writing of the employee’s intention to institute a civil action.
Subject to paragraph (1) of this subsection, any public school employee who is subject to a personnel action in violation of § 6–902 of this subtitle may institute a civil action in the county where:
The alleged violation occurred;
The employee resides; or
The public school employer maintains its principal offices in the State.
The action shall be brought within 9 months after the alleged violation of § 6–902 of this subtitle occurred, or within 9 months after the public school employee first became aware of the alleged violation of § 6–902 of this subtitle.
In any action brought under this subtitle, a court may:
Issue an injunction to restrain continued violation of this subtitle;
Reinstate the public school employee to the same or an equivalent position held before the violation of § 6–902 of this subtitle;
Remove any adverse personnel record entries based on or related to the violation of § 6–902 of this subtitle;
Reinstate full fringe benefits and seniority rights;
Require compensation for lost wages, benefits, and other remuneration; and
Assess reasonable attorney’s fees and other litigation expenses against:
The public school employer, if the public school employee prevails; or
The public school employee, if the court determines that the action was brought by the public school employee in bad faith and without basis in law or fact.
In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the public school employee’s exercise of any rights protected under this subtitle.
In this subtitle the following words have the meanings indicated.
“Career ladder” means the career ladder for public prekindergarten, primary, or secondary school teachers in the State implemented by county boards that meets the standards set forth under this subtitle and the standards adopted by the Department.
“NBC” means National Board Certification issued by the National Board for Professional Teaching Standards.
“NBC teacher” means a teacher who holds an active National Board Certification.
“Teacher” means a certified public school employee who is primarily responsible and accountable for teaching the students in the class.
“Teacher” does not include, unless otherwise provided:
Curriculum specialists;
Instructional aides;
Attendance personnel;
Psychologists;
Social workers;
Clerical personnel;
An individual with a Resident Teacher Certificate; or
An individual with a certification for career professionals.
On or before July 1, 2024, each county board shall implement a career ladder that meets the requirements of this subtitle.
Except as otherwise provided in this subtitle, the requirements of this subtitle shall become effective in a county on the date the county board adopts a career ladder under paragraph (1) of this subsection.
There is a career ladder for educators in the State.
The purpose of the career ladder is to:
Transform teaching into a high–status profession in the State;
Attract high–performing students to pursue the high–status teaching profession;
Retain high–quality teachers who gain additional responsibility, authority, status, and compensation as they gain additional expertise;
Transform the education system in the State into a top–performing system in the world;
Support the reorganization of schools to provide teachers with professional learning and peer collaboration time during the school day by having more teachers in each school, including time primarily:
To work in teams of teachers by subject and grade;
To work together with other teachers to continuously improve instruction;
To review together with other teachers individual student needs, including needs related to behavioral issues, and develop plans to address those needs; and
For professional learning for teachers pursuing NBC;
Develop and support highly competent school leaders that are able to lead high–performing schools due to their:
Knowledge of teaching and learning;
Experience as teachers, leaders, and mentors of teachers; and
Knowledge of and experience with organizing schools so that all students are successful in the global economy; and
Above all, inspire teachers and school leaders to instill in their students a passion for learning and a mastery of the skills necessary to succeed in the global economy.
Except as provided in this subtitle, the career ladder is subject to collective bargaining in accordance with § 6–408 of this title.
The career ladder shall:
Adequately compensate professional teachers for their work;
Support and encourage teachers working in teams to systematically improve schools and curricula;
Provide teachers with the opportunity to identify and work with students who need extra help, including by providing teachers time during the school day to take on those pursuits; and
Provide teachers with the opportunity to develop their skills and knowledge by participating in job–embedded professional development.
The guiding principles for development of the career ladder are:
Progression of teachers in a manner that incentivizes teachers to stay on the teacher track rather than moving to the administrator track;
A teacher salary that attracts new teachers to the profession;
A teacher salary that incentivizes existing teachers to opt in to the career ladder;
Teacher salary progression as performance increases as demonstrated by a teacher achieving NBC; and
Incentives that are successful in all local school systems.
The levels of the career ladder are as follows:
Level one is a State certified teacher;
Level two is a teacher pursuing:
A master’s degree;
30 credits of a program of study approved by the State Board, in consultation with the Professional Standards and Teacher Education Board; or
NBC;
Level three is:
An NBC teacher;
If there is no assessment comparable to NBC for the teacher’s subject area, a teacher with a master’s degree in the teacher’s subject area; or
An assistant principal; and
Level four is:
A teacher on the teacher leadership track, in the following tiers:
Lead Teacher;
Distinguished Teacher; or
Professor Distinguished Teacher; or
A teacher on the administrator track, in the following tiers:
Licensed Principal; or
Distinguished Principal.
If a teacher achieves level three or four of the career ladder by being an NBC teacher, the teacher shall maintain an active National Board Certification in order to remain on level three or four of the career ladder, as applicable.
Subject to paragraph (2) of this subsection, teachers at each level or tier of the career ladder shall teach in the classroom for a minimum percentage of their total working time, as specified in this subtitle.
The percentages referenced in paragraph (1) of this subsection shall become effective in phases over a 7–year period beginning July 1, 2028, as specified by a county board on approval of the State Board.
The following teachers shall be given priority for working time outside the classroom as the percentages referenced in paragraph (1) of this subsection are phased in:
Newly licensed teachers, particularly new teachers in low–performing schools or schools that have a high concentration of students living in poverty; and
Teachers in schools that:
Are low–performing;
Have a high concentration of students living in poverty; or
Have large achievement gaps between subpopulations of students.
The percentage of teachers who are Professor Distinguished Teachers or Distinguished Principals may not be more than 1% of the total number of all teachers.
Teachers in the upper levels of the career ladder shall mentor teachers in the lower levels of the ladder, especially those teachers who teach in schools with high proportions of low–performing students.
Each county board shall strive to place NBC teachers in schools throughout the county and in a manner that supports equity and prioritizes low–performing schools.
A county board may not receive funding from the State for the implementation of the career ladder under § 6–1009 of this subtitle unless the county board implements a career ladder that meets the requirements of this subtitle.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle, as specified by the State Board, a teacher on level one, two, or three of the career ladder shall:
Teach in the classroom on average 60% of the teacher’s working time; and
Spend the remaining time on other teacher activities, including:
Improving instruction;
Identifying, working with, and tutoring students who need additional help;
Working with the most challenging students;
Working with students living in concentrated poverty; and
Leading or participating in professional learning.
An assistant principal is on level three of the career ladder and shall:
Be an NBC teacher; or
Have an advanced professional certificate for administration.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle, as specified by the State Board, an assistant principal shall:
Participate in classroom activity involving direct interactions with students for at least 20% of their working hours; and
Spend a portion of the remaining time on other teacher related activities, including:
Setting priorities for the subject level departments or grade levels of the school; and
Fulfilling specialized roles, such as head of professional development.
The requirements of paragraph (2) of this subsection may not be construed to require that an assistant principal be designated as a teacher of record.
There is a teacher leadership track on level four of the career ladder.
A teacher on the teacher leadership track:
Shall:
Be an NBC teacher; or
If there is no assessment comparable to NBC for the teacher’s subject area, have a master’s degree in the teacher’s subject area; and
Is responsible for mentoring peers and serving as an expert resource on content and pedagogy for their school, their district, and the State.
The first tier of the teacher leadership track is a lead teacher.
A lead teacher shall:
Meet all skill and credential requirements for levels one through three on the career ladder;
Be able to lead, in an effective and disciplined way, teams of teachers working to improve the curriculum, instruction, and assessment in the school;
Have the skills and knowledge to mentor new teachers or less skilled teachers to enable them to develop their skills, including mentoring teachers who are pursuing NBC;
Have sufficient research expertise, including expertise in action research, in order to lead teams of teachers that will use research to develop programs, curriculum, teaching techniques, and other interventions;
Be able to conduct formal evaluations of the interventions developed under item (iv) of this paragraph to determine the extent to which the interventions are successful and to alter the interventions as necessary to improve outcomes for students; and
Teach students using culturally responsive and trauma–informed pedagogy.
When a lead teacher position becomes available in a county, a lead teacher shall be selected in accordance with this paragraph.
Throughout the process of selecting a lead teacher under this paragraph, priority shall be given to teachers who have experience teaching in schools that:
Reflect the racial and ethnic diversity of the State; or
Have received a grant under § 5–223 of this article.
Distinguished teachers, professor distinguished teachers, and, if necessary because of a limited number of distinguished and professor distinguished teachers, lead teachers who teach in the county shall provide a list of qualified candidates to:
The principal of the school in which the position is available; and
The local superintendent.
The principal of the school in which the position is available and the local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a lead teacher shall:
Teach in the classroom on average 50% of the teacher’s working time; and
Spend the remaining time on other teacher activities, including:
Mentoring newer and struggling teachers and teachers who are pursuing NBC; and
Leading workshops and demonstrations at the school level.
The second tier of the teacher leadership track is a distinguished teacher.
A distinguished teacher shall have demonstrated exceptional skills in all the requirements for a lead teacher, which may be determined through an evaluation of:
The teaching capability of the teacher’s mentees;
Whether the teams the teacher led resulted in effective improvements in curriculum, instruction, and assessment;
The quality of the teacher’s published work, including publication in refereed journals;
The demand for the teacher’s counsel and guidance, both inside and outside of the teacher’s school;
The teacher’s ethical standards and ability to promote a school culture in which all students are expected to achieve at high levels and all professionals are expected to work to help students achieve at high levels; and
The teacher’s ability to inspire, guide, and develop teachers to achieve a high level of competence.
When a distinguished teacher position becomes available in a county, a distinguished teacher shall be selected in accordance with this paragraph.
Throughout the process of selecting a distinguished teacher under this paragraph, priority shall be given to lead teachers who have experience teaching in classrooms and leading teams of teachers in schools that:
Reflect the racial and ethnic diversity of the State; or
Have received a grant under § 5–223 of this article.
Professor distinguished teachers and, if necessary because of a limited number of professor distinguished teachers, distinguished teachers who teach in the county shall provide a list of qualified candidates to:
The principal of the school in which the position is available; and
The local superintendent.
The principal of the school in which the position is available and the local superintendent shall appoint a candidate from the list provided in subparagraph (ii) of this paragraph.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a distinguished teacher shall:
Teach in the classroom on average 40% of the teacher’s working time; and
Spend the remaining time on other teacher activities, including:
Mentoring lead teachers; and
Leading workshops and demonstrations at the school and district level.
The third tier of the teacher leadership track is a professor distinguished teacher.
A professor distinguished teacher is a distinguished teacher with exceptional accomplishments, which may be demonstrated by:
The publication of research papers as a university professor; or
Being qualified to teach and be a leader in both an institution of higher education and an elementary or secondary school.
Candidates to be a professor distinguished teacher include:
A senior faculty member in a professional development school who holds a doctorate and is qualified to serve as a clinical professor; and
A teacher who:
Is based at an institution of higher education;
Serves as a mentor and instructor of teachers in training;
Mentors new teachers during induction; and
Designs and leads professional development across the State.
A county board shall appoint a professor distinguished teacher in consultation with the appropriate institution of higher education.
Throughout the process of selecting a professor distinguished teacher under this paragraph, priority shall be given to distinguished teachers who have experience teaching, leading teachers, and developing teachers in schools that:
Reflect the racial and ethnic diversity of the State; or
Have received a grant under § 5–223 of this article.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a professor distinguished teacher shall teach in a classroom on average 20% of the teacher’s working time.
When the career ladder under § 6–1002(a) of this subtitle is determined by the Accountability and Implementation Board to be well established throughout the State, a county board shall select:
A mentor teacher for induction programs and teacher training practicums from the teacher leadership track; and
An expert to write curriculum and assessment items and develop model lessons from the distinguished teacher and professor distinguished teacher tiers of the teacher leadership track.
Except as provided in paragraph (2) of this subsection, a teacher in the teacher leadership track shall spend a portion of their working time teaching in the classroom.
A teacher in the teacher leadership track may be assigned nonteaching duties for a period of time, but shall return to teaching in the classroom after a certain period of time, as determined by the county board.
Each county board may convene a local career ladder development board.
The membership of the local career ladder development board shall include advanced teachers and stakeholders.
The local career ladder development board shall set standards for teachers to achieve each tier in the teacher leadership track in the county.
There is an administrator track on level four of the career ladder.
The primary purpose of the administrator track is to develop teachers into principals.
A teacher on the administrator track is responsible for managing administrative functions in the school.
The first tier of the administrator track is a licensed principal.
The State Board, in consultation with the Professional Standards and Teacher Education Board, shall establish the criteria that a teacher shall meet to achieve the licensed principal tier.
The criteria under subparagraph (i) of this paragraph:
Except as provided in subparagraph (iii) of this paragraph and beginning on July 1, 2034, shall include a requirement that a teacher be an NBC teacher before the teacher may be a licensed principal; and
May include a requirement that a teacher shall complete an induction or training program for new principals.
The State Board, in consultation with the Professional Standards and Teacher Education Board, shall establish a process through which an individual may receive a waiver to serve as a licensed principal if the individual:
Is not an NBC teacher; but
Meets other qualifying criteria, as determined by the State Board, in consultation with the Professional Standards and Education Board.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a licensed principal is encouraged to teach in the classroom for at least 10% of the principal’s working hours.
When a licensed principal position becomes available in the county, a licensed principal shall be selected in accordance with this paragraph.
Throughout the process of selecting a licensed principal under this paragraph, priority shall be given to teachers who have experience teaching in schools that:
Reflect the racial and ethnic diversity of the State; or
Have received a grant under § 5–223 of this article.
Teacher leaders, other licensed principals, and distinguished principals in the county shall provide a list of qualified candidates to the local superintendent.
The local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.
The second tier of the administrator track is distinguished principal.
To be a distinguished principal, a teacher shall demonstrate the ability to:
Effectively identify, attract, lead, and retain highly professional teachers;
Organize and manage a school in a way that incentivizes and supports teachers to do their best work;
Set high standards for faculty and students and achieve the standards set by others;
Work with stakeholders on the teacher’s vision;
Identify and help cultivate a teacher’s potential for growth;
Help students, parents, and teachers embrace the goal for all students to achieve internationally competitive standards;
Mentor and support other principals; and
Help other principals achieve higher levels of performance.
Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a distinguished principal is encouraged to teach in a classroom for at least 10% of the principal’s working hours.
When a distinguished principal position becomes available in the county, a distinguished principal shall be selected in accordance with this paragraph.
Throughout the process of selecting a distinguished principal under this paragraph, priority shall be given to licensed principals who have experience teaching and serving as principals in schools that:
Reflect the racial and ethnic diversity of the State; or
Have received a grant under § 5–223 of this article.
Teacher leaders and other distinguished principals in the county shall provide a list of qualified candidates to the local superintendent.
The local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.
All licensed and distinguished principals shall:
Be trained in and demonstrate capability with racial awareness and cultural competence, including:
Teaching students and managing teaching faculty from different racial, ethnic, and socioeconomic backgrounds; and
Implementing restorative practices;
Cultivate a school environment in which teachers:
Develop cultural competence;
Enhance empathy and respect for students;
Work to eliminate biases and stereotypes; and
Provide instruction in a manner that assumes that all students regardless of their race, ethnicity, gender, or other characteristics are capable of the highest levels of academic achievement; and
Be evaluated on their success in fostering the school environment in item (2) of this subsection.
A county board may add a tier to the administrator track for district office directors.
In addition to the other requirements of this subtitle, movement up the career ladder shall depend on:
The teacher’s performance;
The teacher’s experience; and
The availability of positions.
A teacher may not be promoted to the next level or tier on the career ladder unless:
The most recent evaluation of the teacher’s instruction by the principal or other individual, as determined by the county board, is effective;
The teacher and the principal, supervisor, or any other individual, as determined by the county board, agree that the teacher is ready to take on the additional responsibilities required by the position at the next level; and
There is an open position at the next level.
Promotion up the career ladder is not guaranteed.
In choosing a candidate for an open position in the career ladder, consideration shall be given to the candidate’s experience in schools that represent the demographic and economic diversity of the school system.
As a teacher moves up the career ladder and receives effective evaluations, the teacher shall be given increased authority, responsibility, and autonomy for making school–level decisions.
Movement from one level or tier to a higher level or tier shall result in a salary increase consistent with § 6–1009 of this subtitle.
A teacher may move from one track of the career ladder to a different track with the approval of the principal of the school in which they teach.
Teachers are encouraged to obtain an NBC and participate in the career ladder.
In this subsection, “Program” means the program established under paragraph (2) of this subsection.
There is a Program to:
Encourage and support teachers in the State in obtaining and maintaining an NBC, including teachers from groups historically underrepresented in the teaching profession; and
Develop a culture of collaborative support for accomplished teaching.
The Program shall include:
A virtual course for teachers interested in pursuing an NBC;
Virtual and in–person support to teachers pursuing an NBC; and
Training and support for National Board Facilitators.
The Department shall establish a National Board Coordinator to direct the Program, including by coordinating with the Local National Board Coordinators and the National Board Facilitators in each school system or region.
Each local superintendent shall select a Local National Board Coordinator to:
Organize the delivery of the Program in each local school system by collaborating with:
Local teacher preparation programs and nonprofit organizations that have a record of success in helping teachers obtain NBC;
The National Board for Professional Teaching Standards, which has established resources and tools for teachers seeking NBC; and
Representatives of employee organizations designated as the exclusive negotiating agent for the public school employees in a unit of the county;
Recruit, train, and support National Board Facilitators in the region; and
Collaborate with the National Board Coordinator.
A local superintendent may choose to enter into a regional agreement to implement the Program with one or more local school systems.
National Board Facilitators shall provide teachers in the local school system or in the region with virtual and in–person support and coaching in obtaining and maintaining an NBC.
National Board Facilitators shall be selected:
By the local superintendent; or
If the local superintendent entered into a regional agreement under paragraph (5) of this subsection, in a manner as specified under the agreement.
County boards shall encourage teachers to obtain master’s degrees in fields that require special expertise, have shortage areas, and enhance the teacher’s professional skills and qualifications so that teachers are able to teach dual–enrollment courses as adjunct faculty at institutions of higher education including by providing additional compensation as appropriate and through collective bargaining.
Subject to paragraph (2) of this subsection, beginning on July 1, 2022, teacher salary increases associated with the career ladder shall at a minimum include the following:
Becoming an NBC teacher – $10,000 salary increase;
An NBC teacher teaching at a low–performing school as identified by the county board – $7,000 salary increase;
Becoming lead teacher – $5,000 salary increase;
Becoming distinguished teacher – $10,000 salary increase;
Becoming professor distinguished teacher – $15,000 salary increase; and
Becoming a distinguished principal – $15,000 salary increase.
The teacher salary increases under paragraph (1) of this subsection do not apply to paragraph (1)(iii) through (vi) of this subsection until § 6–1002(a) of this subtitle becomes effective as recommended by the Department and approved by the Accountability and Implementation Board.
Salary increases associated with maintenance of an NBC are subject to collective bargaining in accordance with § 6–408 of this title.
The State share for the following salary increases provided under paragraph (1) of this subsection shall not exceed the following amounts:
Earning a first maintenance of NBC – $8,000 salary increase;
Earning a second maintenance of NBC – $7,000 salary increase; and
Earning a third maintenance of NBC – $6,000 salary increase.
If a teacher is eligible for more than one salary increase under subsections (a) and (b) of this section, the teacher shall receive all salary increases that apply.
A teacher that receives a salary increase under subsection (a)(2) of this section for teaching at a low–performing school may not lose that salary increase while teaching at the school even if the school ceases to be low–performing.
On or before July 1, 2024, each county shall demonstrate to the Accountability and Implementation Board established under § 5–402 of this article that, during the period between July 1, 2019, and June 30, 2024, teachers in the county received a 10% salary increase above the negotiated schedule of salary increases between the public school employer and exclusive representative for the employee organization.
Beginning on July 1, 2026, the minimum teacher salary for all teachers shall be $60,000.
In this subsection, “total program amount” means the sum of, for each item under subsections (a) and (b)(2) of this section:
The teacher salary increase multiplied by the number of teachers receiving the salary increase; and
Rounded to the nearest whole dollar.
The increase in the salary required under subsections (a) and (b)(2) of this section shall be a shared cost between the State and the county in accordance with this subsection.
The required State share for each county is the result of the following calculation multiplied by 0.5 and rounded to the nearest whole dollar:
The salary increase multiplied by the number of teachers eligible to receive the salary increase in the prior fiscal year;
Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil as defined in § 5–201 of this article; and
Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.
The required local share is equal to the total program amount for each county minus the State share calculated under paragraph (3) of this subsection and rounded to the nearest whole dollar.
Beginning in fiscal year 2023, the State shall distribute the State share of the teacher salary increases as calculated under subsection (f) of this section to each county board.
Beginning in fiscal year 2023, the county shall distribute the local share of the teacher salary increases as calculated under subsection (f) of this section to each county board.
Beginning in fiscal year 2023, the county board shall distribute the State and the local share of the teacher salary increase to the school in which the teacher works.
Teacher evaluation systems used in connection with the career ladder shall:
Be aligned with the five core propositions of the National Board for Professional Teaching Standards;
Include a peer assistance and review model;
Define the system’s expectations for an evaluator’s level of skill and knowledge; and
Include a calibrated method to measure performance and to provide personalized feedback that is aligned with the teacher’s strengths, needs, and professional learning context.
An evaluation system used in connection with a career ladder shall use observations to evaluate a teacher that:
Include documented observable evidence;
Are linked to student learning and not solely consist of simple checklists;
Include post observation conferences between the teacher and evaluator to encourage reflection on the teacher’s teaching practice;
Require an assessment of the competency of the evaluator;
Are developed with stakeholders; and
Require teachers and evaluators to be fully trained to understand the evaluation process.
On or before July 1, 2024, the Department shall develop and design a new system of professional development that is tied to the career ladder.
The new system of professional development shall include:
Training on how to lead and mentor teams of professionals to promote professional learning among colleagues;
Training on how to collaborate with colleagues to improve student performance;
Training on how to design and support collaborative professional learning for teachers pursuing an NBC;
A train–the–trainer model; and
Advanced training on the science of learning specific to individual disciplines.
On or before June 30, 2026, each county board shall provide the system of professional development designed by the Department under subsection (a) of this section to each teacher who teaches in the county.
Beginning on July 1, 2026, each county board shall provide the system of professional development designed by the Department under subsection (a) of this section to each teacher teaching in the county no later than 1 year after the teacher begins teaching in the State.
In this section, “nonclassroom teacher” means a position in a school for which, if the individual earns NBC, the individual is eligible to join the career ladder, including:
Administrators;
Assistant principals;
Instructional specialists; and
Principals.
Except as provided under paragraph (2) of this subsection, each teacher or nonclassroom teacher who pursues NBC shall receive from the State an amount equal to the National Board for Professional Teaching Standards fees associated with the initial completion and renewal of NBC.
Each teacher and nonclassroom teacher may only receive payment under this subsection for one retake of each assessment on the National Board for Professional Teaching Standards.
Each county shall pay to the State one–third of the cost for each teacher or nonclassroom teacher who receives funds under subsection (b) of this section to pursue NBC.
A teacher or a nonclassroom teacher who does not complete all the requirements for assessment by the National Board for Professional Teaching Standards shall reimburse the State the full amount of the funds received under subsection (b) of this section.
The State shall reimburse the county the amount received under subsection (c) of this section on receipt of the reimbursement from a teacher or nonclassroom teacher under paragraph (1) of this subsection.
The provisions of paragraph (1) of this subsection do not apply to a teacher or nonclassroom teacher who completes all the requirements for assessment by the National Board for Professional Teaching Standards but does not obtain NBC.
The State Board, in consultation with the Professional Standards and Teacher Education Board and the Accountability and Implementation Board established under § 5–402 of this article, shall adopt regulations to implement the provisions of this subtitle.
In this subtitle the following words have the meanings indicated.
“Coordinator of professional learning” means an employee of the Department who:
Is a licensed educator;
Develops and facilitates professional learning opportunities for educators and administrators in the State; and
Assists administrators in implementing evidence–based instructional practices.
“Fund” means the Academic Excellence Fund.
“Instructional coach” means an employee of a local school system who:
Is a licensed educator;
Provides coaching to teachers and other education professionals to improve instruction; and
Helps educators integrate evidence–based practices into their pedagogy.
“Program” means the Academic Excellence Program.
“Regional project manager” means an employee of the Department who oversees instructional coaches and coordinators of professional learning in a designated region.
There is an Academic Excellence Program in the Department.
The purpose of the Program is to address critical academic needs in public schools and ensure that Maryland students have equitable access to high–quality instruction and targeted academic support by:
Providing direct coaching support to teachers and administrators;
Ensuring that the coaching support is consistently conducted in a manner that research has shown is likely to result in positive student outcomes; and
Delivering targeted professional learning opportunities for educators and administrators to implement evidence–based instructional practices.
Under the Program, instructional coaches and coordinators of professional learning shall provide educators in selected schools with:
Coaching to improve instruction and the integration of evidence–based practices into the classroom; and
Access to high–quality, job–embedded, and targeted professional learning opportunities.
Under the Program, regional program managers shall oversee and coordinate the activity of instructional coaches and coordinators of professional learning in a designated region to ensure that local needs are considered and met.
The Department shall enter into a cooperative agreement with a county board that elects to participate in the Program.
Using accountability data, the Department, in collaboration with participating local school systems, shall identify the schools that are most in need of support from the Program.
The Department shall prioritize selecting schools with:
Low proficiency rates; and
Declining achievement results in recent years.
Within a selected school, administrators shall work with the Department to identify the teachers and other educators who will benefit most from the professional development opportunities provided by instructional coaches.
During fiscal years 2026 and 2027, the Program shall focus on early literacy instruction and support of elementary school educators.
In subsequent fiscal years, the Program shall expand its focus to incorporate other academic topics and grade levels, with particular attention paid to foundational mathematics instruction.
The Department shall develop criteria for the selection of instructional coaches.
At a minimum the selection criteria shall include:
Methods to identify highly qualified educators with expertise in the instructional topic and grade level for which the educator will be providing coaching; and
A means to assess the potential of an educator for leadership and professional development through coaching.
A regional program manager, in coordination with a participating county board, shall use the Department’s criteria to select instructional coaches.
The Department shall establish a training plan for instructional coaches that provides each instructional coach with the tools to support educators using research–based strategies tailored to the needs of each educator and the educator’s students.
Each instructional coach shall be trained using the Department’s training plan.
An instructional coach shall oversee educators at two to four different public schools in the local school system in which the coach works.
An instructional coach shall support educators by providing job–embedded feedback designed to:
Lead to long–term instructional improvement;
Assist an educator in creating a pedagogy that is individually tailored to meet the needs of each student, regardless of the student’s linguistic status, disability status, or background; and
Close student achievement gaps.
Under the Program, the Department shall employ regional program managers to oversee the work of instructional coaches.
Each regional program manager shall ensure that instructional coaches are meeting local educator and student needs and working in alignment with State priorities, including the principles for the Blueprint for Maryland’s Future.
Regional program managers shall support instructional coaches by providing:
Evidence–based tools and strategies and professional development materials;
An analysis of educator practices and student outcomes to ensure that instructional coaches provide support in a targeted manner;
Assistance with family and community engagement; and
Guidance to ensure professional development is research–based and designed to reflect the diverse linguistic and cultural needs of students in the State.
Beginning in fiscal year 2028, the Department shall employ coordinators of professional learning through the Program.
A coordinator of professional learning shall:
Provide professional development to educators and administrators in a local school system by establishing learning modules and through the use of appropriate tools and platforms; and
Collaborate with administrators to collect data to create a professional learning plan that aligns with the needs of a school.
There is an Academic Excellence Fund.
The purpose of the Fund is to provide grants to address critical academic needs in schools, particularly those identified as low–performing.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
Money from the Blueprint for Maryland’s Future Fund established under § 5–206 of this article may not be transferred into the Fund.
The Fund may be used only for grants to county boards, institutions of higher education, nonprofit organizations, or other entities for the following purposes:
Contracts with vendors to provide services;
Training and workshops;
Program implementation;
Administrative costs of the Program;
Program evaluation and reporting; and
Any other costs approved by the Department.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Blueprint for Maryland’s Future Fund under § 5–206 of this article.
Expenditures from the Fund may be made only in accordance with the State budget.
Each year, the Department shall collect the following data:
The total amount of money disbursed from the Fund, disaggregated by county; and
The total number of schools served by the Fund.
The Department may adopt policies, procedures, and regulations to carry out this title.
All individuals who are 5 years old or older and under 21 shall be admitted free of charge to the public schools of this State.
Except as provided in § 7–301 of this title and in paragraph (2) of this subsection, each child shall attend a public school in the county where the child is domiciled with the child’s parent, guardian, or relative providing informal kinship care, as defined in subsection (c) of this section.
On request and in accordance with a county board’s policies concerning residency, a county superintendent:
May allow a child to attend school in the county even if the child is not domiciled in that county with the child’s parent or guardian; and
Shall allow a dependent child of an active service member who is relocating to the State on official orders to enroll in school in the county in accordance with § 7–115.1 of this subtitle.
Regardless of where the child is currently domiciled, a county superintendent shall allow a child to remain at the school that the child is attending, if:
The child is a child who is:
In the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services; and
Subject to the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and the Every Student Succeeds Act of 2015;
The child is not in any of the following placements:
A detention facility;
A forestry camp;
A training school;
A State–owned and State–operated facility that accommodates more than 25 children; or
Any other facility operated primarily for the detention of children who are determined to be delinquent;
The local department of social services or the Department of Juvenile Services determines, in consultation with the local school system, that it is in the best interests of the child to continue at that school; and
The local department of social services or the Department of Juvenile Services pays for the cost of transporting the child to and from school.
The Department of Human Services and the Department of Juvenile Services each shall adopt regulations establishing factors that shall be considered in determining the best interests of a child under this section.
The Department shall adopt regulations to implement the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and the Every Student Succeeds Act of 2015.
If a child fraudulently attends a public school in a county where the child is not domiciled with the child’s parent or guardian, the child’s parent or guardian shall be subject to a penalty payable to the county for the pro rata share of tuition for the time the child fraudulently attends a public school in the county.
Nothing in this section alters the requirements for out–of–county placements contained in § 4–122 and Title 8, Subtitles 3, 3A, and 4 of this article or in any other State or federal law.
In this subsection the following words have the meanings indicated.
“Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.
“Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.
“Serious family hardship” means:
Death of a parent or legal guardian of the child;
Serious illness of a parent or legal guardian of the child;
Drug addiction of a parent or legal guardian of the child;
Incarceration of a parent or legal guardian of the child;
Abandonment by a parent or legal guardian of the child; or
Assignment of a parent or legal guardian of a child to active uniformed services duty.
A county superintendent shall allow a child who is a resident of this State to attend a public school in:
A county other than the county where the child is domiciled with the child’s parent or legal guardian if the child lives with a relative providing informal kinship care in the county and the relative verifies the informal kinship care relationship through a sworn affidavit; or
A school attendance area other than the school in the school attendance area where the child is domiciled with the child’s parent or legal guardian if the child lives with a relative providing informal kinship care in the school attendance area and the relative verifies the informal kinship care relationship through a sworn affidavit.
After allowing a child to enroll under subparagraph (i) of this paragraph, subsequently a county superintendent may require that the affidavit be accompanied by supporting documentation of one or more serious family hardships and, where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit.
If supporting documentation is required under subsubparagraph 1 of this subparagraph, the documentation shall be consistent with local, State, and federal privacy and confidentiality policies and statutes.
The affidavit shall include:
The name and date of birth of the child;
The name and address of the child’s parent or legal guardian;
The name and address of the relative providing informal kinship care;
The date the relative assumed informal kinship care;
The nature of the serious family hardship and why it resulted in informal kinship care;
The kinship relation to the child of the relative providing informal kinship care;
The name and address of the school the child previously attended;
Notice that the county superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the county public school system;
Notice that if fraud or misrepresentation is discovered during an audit, the county superintendent shall remove the child from the public school or county public school system roll; and
Notice that any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the pro rata share of tuition for the time the child fraudulently attends a public school in the county.
The affidavit shall be in the following form:
I, the undersigned, am over eighteen (18) years of age and competent to testify to the facts and matters set forth herein.
____________________ (name of child), whose date of birth is _____________, is living with me because of the following serious family hardship: (check each that is applicable)
_____ death of father/mother/legal guardian
_____ serious illness of father/mother/legal guardian
_____ drug addiction of father/mother/legal guardian
_____ incarceration of father/mother/legal guardian
_____ abandonment by father/mother/legal guardian
_____ assignment of a parent or legal guardian of a child to active uniformed services duty
The name and last known address of the child’s parent(s) or legal guardian is:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
My kinship relation to the child is _______________________
My address is:
______________________________________________________________________________
Street Apt. No.
______________________________________________________________________________
City State Zip Code
I assumed informal kinship care of this child for 24 hours a day and 7 days a week on __________________(day/month/year).
The name and address of the last school that the child attended is:
______________________________________________________________________________
______________________________________________________________________________
The county superintendent may verify the facts contained in the foregoing affidavit and conduct an audit on a case–by–case basis after the child has been enrolled in the county public school system. If the county superintendent discovers fraud or misrepresentation, the child shall be removed from the public school or county public school system roll.
I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief.
___________________________________
Signature of affiant
___________________________________
(Day/month/year)
Any person who willfully makes a material misrepresentation in this affidavit shall be subject to a penalty payable to the county for three times the pro rata share of tuition for the time the child fraudulently attends a public school in the county.
Instructions that explain the necessity for both an affidavit and, when appropriate, the supporting documentation of the serious family hardship resulting in informal kinship care shall:
Be attached to affidavit forms that comply with paragraph (4) of this subsection; and
Include language encouraging the relative providing informal kinship care to submit the affidavit and, when appropriate, the supporting documentation prior to September 30 of each year.
The affidavit forms, with attached instructions, shall be made available free of charge at the offices of each county board of education, each local department of social services, and each local area agency on aging.
If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school system in writing within 30 days after the change occurs.
An informal kinship care affidavit may be filed during a school year.
The relative providing informal kinship care shall file an affidavit annually at least 2 weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.
Unless the court appoints a guardian for the child or awards custody of the child to someone other than the relative providing informal kinship care, the relative providing informal kinship care shall make the full range of educational decisions for the child.
The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.
The parent or legal guardian of a child in an informal kinship care relationship shall have final decision making authority regarding the educational needs of the child.
Section 4–122.1 of this article shall apply to the education funding of a child in an informal kinship care relationship if the fiscal impact of the requirements of subsections (b) and (c) of this section exceeds 0.1% of a county board’s total operating budget for a fiscal year.
By the 2007–2008 school year, each county board shall provide full–day kindergarten programs for all kindergarten students in that county.
In the comprehensive master plan that is submitted under § 5–401 of this article, a county board shall identify the strategies that will be used in that county to ensure that full–day kindergarten programs are provided to all kindergarten students in that county by the 2007–2008 school year.
In this section the following terms have the meanings indicated.
“Economically disadvantaged background” means a family whose income would make a child eligible for free or reduced price meals if the child were in kindergarten.
“Eligible child” means a child:
Who is from an economically disadvantaged background;
Whose parent or guardian seeks to enroll the child in a public prekindergarten program; and
Who is 4 years old on September 1 of the school year in which the parent or legal guardian seeks to enroll the child in a public prekindergarten program.
“Eligible for free or reduced price meals” means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.
By the 2007–2008 school year, all eligible children shall be admitted free of charge to publicly funded prekindergarten programs established by each of the county boards.
In the comprehensive master plan that is submitted under § 5–401 of this article, a county board shall identify the strategies that will be used in that county to ensure that publicly funded prekindergarten programs are available to all eligible children in that county by the 2007–2008 school year.
In this section the following terms have the meanings indicated.
“Economically disadvantaged background” means a family whose income is no more than 300% of the federal poverty guidelines.
“Eligible young child” means a child:
Who is from an economically disadvantaged background;
Whose parent or legal guardian seeks to enroll the child in a publicly funded prekindergarten program established under this section; and
Who is 3 or 4 years old on September 1 of the school year in which the parent or legal guardian seeks to enroll the child in a publicly funded prekindergarten program established under this section.
“Fund” means the Prekindergarten Expansion Fund.
“Montessori school” has the meaning stated in § 6–127 of this article.
“Program” means the Prekindergarten Expansion Grant Program.
“Qualified provider” means:
If partnering with a county board under a memorandum of understanding, a State accredited or nationally accredited child care program or a nonpublic school approved by the Department to provide prekindergarten services; and
A county board.
There is a grant program known as the Prekindergarten Expansion Grant Program in the State.
The purpose of the Program is to broaden the availability of high–quality prekindergarten and school readiness services throughout the State for children and their families in coordination with the expansion of publicly funded full–day prekindergarten under the Blueprint for Maryland’s Future established under Subtitle 1A of this title.
The Department shall administer the Program.
The Program shall be a competitive grant program to provide funds to qualified providers.
The Department shall take measures to achieve geographic diversity among participating qualified providers.
Priority for participation in the Program shall be given to qualified providers:
That are located in areas of the State that have an unmet need for prekindergarten or comprehensive early childhood education services;
That include a plan for long–term sustainability, including community and business partnerships and matching funds to the extent possible; and
That incorporate parental engagement and the benefits of educational activities beyond the classroom into the providers’ programs.
Prekindergarten Expansion Grants may be used to expand prekindergarten services, including:
Establishing or expanding full–day prekindergarten for eligible young children; and
Expanding existing half–day prekindergarten programs into full–day prekindergarten programs for eligible young children.
The Department may establish:
Additional eligibility criteria for the selection of qualified providers;
Application and award processes including the submission date for applications, renewal procedures, and application review processes for making awards under the Program; and
Any other policies and procedures necessary to implement the Program.
Except as provided in paragraph (2) of this subsection, before approving qualified providers for prekindergarten services to receive a grant under this section, a qualified provider shall certify to the Department that for each classroom funded under this section the provider will:
Maintain a student–to–classroom personnel ratio of no more than 10 to 1 with a maximum of 20 children per classroom;
Provide in each classroom at least one teacher and at least one teacher’s aide who meet the high staff qualifications of § 7–1A–04(a)(1)(i) of this title;
Operate an educational program for:
5 days per week;
180 days per year, in accordance with the public school calendar established by the local school board; and
For half–day programs, at least 2.5 hours per day; or
For full–day programs, at least 6.5 hours per day; and
To receive a grant under this section, meet the requirements of § 7–1A–04 of this title.
Before approving qualified providers who are Montessori schools or Montessori programs for prekindergarten services to receive a grant under this section, a qualified provider shall certify to the Department that for each classroom funded under this section the provider will:
Meet the requirements under paragraph (1)(iii) of this subsection;
Maintain a student–to–classroom personnel ratio of no more than 10 to 1, with a maximum of 20 students per classroom if all of the students are under the age of 5 years;
Maintain a student–to–classroom personnel ratio of no more than 14 to 1, with a maximum of 28 students per classroom if some of the students are at least 5 years old; and
Require a classroom teacher to:
Hold a bachelor’s degree in any field; and
Hold a Montessori credential issued by:
The Association Montessori Internationale;
The American Montessori Society; or
A program accredited by the Montessori Accreditation Council for Teacher Education.
Beginning in fiscal year 2020 through fiscal year 2029, the Governor shall annually appropriate to the Fund an amount that is at least equal to the total amount of all funds received by the Program in the prior fiscal year.
Beginning in fiscal year 2030, the funds appropriated to the Fund shall be consolidated into the publicly funded full–day prekindergarten program established in Subtitle 1A of this title.
The Governor may provide funds to the Department to administer the Program.
Grants awarded under this section may not be used:
To supplant existing funding for prekindergarten services;
For capital improvements; or
To fund the same full–day prekindergarten slot that is funded under Subtitle 1A of this title.
The Department shall:
Leverage Child Care Scholarship Program funds when making grant awards to private providers that participate in the Child Care Scholarship Program;
Encourage private providers that receive grants to pursue level 5 in the Department’s voluntary quality rating and improvement system known as “Maryland EXCELS”;
Supervise and monitor the use of grant funds distributed under this section; and
Evaluate whether grant recipients are meeting annual benchmarks established by the Department.
There is a Prekindergarten Expansion Fund.
The purpose of the Fund is to provide funds to the Program.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Investment earnings of the Fund; and
Any other money from any other source, including donations, accepted for the benefit of the Fund.
The Fund may be used only for grants made by the Department for the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Investment earnings of the Fund shall be paid into the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
In accordance with § 2–1257 of the State Government Article, the Department shall report to the General Assembly by November 1 of each year on the implementation of the Program.
For each fiscal year in which the Department receives an Expansion Grant through the federal Preschool Development Grants Program, the Governor shall include in the State budget for that fiscal year, in addition to the amount required under § 7–101.2(d) of this subtitle, an appropriation of State funds equal to the amount that the State committed to fund as the State match in its application to the United States Department of Education for the Expansion Grant.
The Prince George’s County Board shall develop an affidavit of disclosure form to be completed and signed by the parents or guardians of a student who is entering the public schools of Prince George’s County.
By regulation, the county board shall make completion of an affidavit of disclosure a prerequisite for admission to the public schools.
The purpose of the affidavit of disclosure is limited to ascertaining from the parents or guardians of a student in the public schools:
Their legal residence; and
The duration of their residency in this State.
The parents or guardians who complete the affidavit of disclosure shall attest to the truth of the information in the affidavit by their signature which shall be witnessed by the individuals designated by the county board under appropriate rules and regulations.
Failure to complete the affidavit of disclosure truthfully by a parent or guardian is a misdemeanor.
Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250.
Except as provided in subsections (b), (e), (f), and (g) of this section, each public school under the jurisdiction of a county board:
Shall be open for pupil attendance for at least 180 actual school days and a minimum of 1,080 school hours during a 10–month period in each school year; or
If normal school attendance is prevented because of conditions described in subsection (b) of this section, shall be open for at least 1,080 hours during a 10–month period;
Shall be open for pupil attendance a minimum of 3 hours during each school day; and
May not be open on Saturdays, Sundays, or holidays in order to meet the 180–day or 1,080–hour requirement of this subsection.
If a county board submits a written application to the State Board that describes a demonstrated effort by the county board to comply with subsection (a) of this section, the State Board may permit:
The following adjustments:
An increase in the length of the school year; or
A decrease in the length of the school year;
Exceptions from the requirement that the school year be completed within a 10–month period;
Adjustments in the length of the school day; and
Schools to be open on holidays.
These adjustments may be granted only if normal school attendance is prevented because of:
Natural disaster;
Civil disaster; or
Severe weather conditions.
Education funding from State or local sources may not be reduced if there are less than 180 school days in any year because of an approved application under paragraph (1)(i)2 of this subsection.
In case of emergency, the State Board may open schools on holidays.
The following days are public school holidays:
Thanksgiving Day and the day after;
Christmas Eve and from then through January 1;
Martin Luther King, Jr. Day;
Presidents’ Day;
The Friday before Easter and from then through the Monday after Easter;
Memorial Day; and
Primary and general election days.
If the federal and State observances of a holiday are on different days, the board of education of each county shall determine which date shall be the date of observance for the public schools within the county.
The public schools shall devote a part of at least one day to appropriate exercises for each of the following:
Washington’s Birthday;
Lincoln’s Birthday;
Veterans’ Day;
Columbus Day;
Arbor Day;
Black History Month, with an emphasis on Harriet Tubman and Frederick Douglass and the contributions they made in the fight against slavery; and
Any other day of national significance.
Notwithstanding any other provisions of this article, the public schools, in the following counties, may remain open and in session on primary and general election days:
Calvert;
Caroline;
Dorchester;
Kent;
Talbot; and
Worcester.
Except as provided in subsection (e) of this section, the State Board shall divide the school year into the terms it considers appropriate.
The county boards of Allegany, Anne Arundel, Calvert, Howard, Montgomery, and Prince George’s counties, and the Board of School Commissioners of Baltimore City, may elect to operate one or more schools within the county or Baltimore City on a year–round basis, provided that the 180–day and the minimum hour requirements under this section are met.
Nothing in this section precludes a county board from conducting a year–round pilot study or program that is funded by the county board.
In this subsection, “minimal hours of attendance” means the minimum hours of attendance for the school year required under COMAR 13A.03.02.12, in effect on July 1, 2025.
Subject to the requirements of this subsection, the Anne Arundel County Board of Education may elect to operate all of the schools within the county using a scheduling model that eliminates early dismissal days to allow for less than 180 school days if the minimal hours of attendance are met.
If the Anne Arundel County Board of Education elects to use a scheduling model that eliminates early dismissal days in accordance with this subsection, the county board must use the scheduling model for all schools in the county.
If the Anne Arundel County Board of Education uses a scheduling model that results in a school in the county being open for less than 180 days, the county board shall offer school employees who receive pay at an hourly rate an opportunity to make up the lost wages through other duties before the beginning of the next school year.
Publicly funded half–day prekindergarten programs are not subject to the requirements of subsection (a) of this section.
Notwithstanding any other law and subject only to this section, each county board annually shall set the start and end dates of the school year for schools in the county.
The State Board shall explore the use of innovative school scheduling models, including extended year, year–round schooling, or other school scheduling models that do not allow for prolonged lapses in instructional time, in low–performing or at–risk public schools.
The State Board shall encourage county boards to use the school scheduling models that are determined to be most effective in enhancing student achievement in low–performing or at–risk public schools.
Subject to subsection (b) of this section, a county board may authorize the county superintendent, in cases of severe weather conditions, to provide virtual education days to students instead of closing the public schools in the county during a severe weather event.
Before a county board may authorize the county superintendent to provide virtual education days to students in accordance with subsection (a) of this section, the county board shall:
Discuss this topic at an open meeting; and
Vote affirmatively to authorize the county superintendent to provide virtual education days to students during a severe weather event.
A county board shall publish the county board’s plan for the use of virtual education days on the school system’s website.
The county board’s plan published in accordance with paragraph (1) of this subsection shall include:
A plan to ensure that attendance will be taken for all students and teachers during each virtual education day;
A plan to provide opportunities for students to make up work missed during virtual education days when they return to in–person school;
A plan to ensure that all staff and students, including students with disabilities, homeless students, and English language learners, have the necessary devices at home for virtual education days, including access to Wi–Fi; and
Specific strategies for the continued implementation of individualized education programs during the virtual education day, including specially designed instruction, related services, supplementary aids and services, and accommodations.
A county superintendent may decide to provide a day of virtual education for public school students in the county only if:
The local school system has used all the days incorporated into its calendar for school closures for severe weather conditions;
The county board has authorized the county superintendent to provide virtual education days to students in accordance with subsection (b) of this section; and
The county superintendent determines that severe weather conditions are likely to prevent normal attendance at the public school.
If a county superintendent decides to provide a virtual education day for public school students in the county, the county superintendent shall notify the school principals as soon as possible after the decision is made.
A school principal who receives notice of a virtual education day immediately shall notify the students, parents, and school staff of the implementation of the virtual education day.
A virtual education day shall consist of not less than 4 hours of synchronous instruction, and asynchronous instruction designed to maximize the advantages of online access.
Notwithstanding any other provision of law, an employee organization designated as an exclusive representative may negotiate with a local school system about:
The period of time that public school employees require for preparation on a virtual education day; and
The time at which synchronous instruction shall begin on a virtual education day.
A county superintendent shall adequately design the virtual education day model, including any time requirements negotiated under paragraph (2) of this subsection, before implementation of the first virtual education day.
If a county board of education provides a day of virtual education for public school students in the county, the local school system shall offer public school employees who are not assigned to work during the virtual education day an opportunity to make up the lost work through other duties before the beginning of the next school year.
Principals and teachers in each public elementary and secondary school in this State may require all students to be present and participate in opening exercises on each morning of a school day and to meditate silently for approximately 1 minute.
During this period, a student or teacher may read the holy scripture or pray.
This section is enacted so that the love of freedom and democracy, shown in the devotion of all true and patriotic Americans to their flag and country, shall be instilled in the hearts and minds of the youth of America.
Each county board shall:
Require the display of an American flag on the site of each public school building in its county while the school is in session;
Buy all necessary flags, staffs, and appliances for the flags; and
Adopt rules and regulations for the proper custody, care, and display of the flag.
Each county board shall:
Provide each public school classroom with an American flag;
Prepare a program for each public school classroom for the beginning of each school day that provides for the salute to the flag and other patriotic exercises that are approved by the United States government; and
Require all students and teachers in charge to stand and face the flag and while standing give an approved salute and recite in unison the pledge of allegiance as follows: “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
Any student or teacher who wishes to be excused from the requirements of subsection (c)(3) of this section shall be excused.
Each county board may provide for any other patriotic exercises it considers appropriate under the regulations and instruction that best meet the requirements of the different grades in the schools.
Any individual who commits an act of disrespect, either by word or action, is in violation of the intent of this section.
On the recommendation of the county superintendent and subject to the provisions of this article, each county board shall adopt procedures for the selection and purchase of the following necessary items, at the lowest price consistent with good quality, for use in the public schools:
Textbooks;
Supplementary readers;
Materials of instruction;
Visual and auditory aids;
Stationery; and
School supplies.
Each county board shall adopt procedures for the selection and purchase for use in each public school library or media center of a collection of books and auditory and visual materials concerning African American history.
The collection in each library or media center shall be appropriate for students in each age group and reading level in the school.
Each county board shall furnish the materials and supplies listed in subsection (a) of this section:
Free of cost for use in the public schools; and
In sufficient quantities for the different grades in the public schools.
On application and at no expense to the county or State, each county board may allow any private or parochial school to connect its facilities to a closed-circuit educational television system that is maintained for the use of the public school system for any program presented by way of the system.
Each county board shall encourage the use of public school facilities for community purposes.
If written application is made to the county superintendent, the county board shall provide for the use of a public school facility for:
The presentation and discussion of public questions;
Public speaking;
Lectures; or
Other civic, educational, social, or recreational purposes or church affiliated civic purposes.
These meetings shall be open to the public.
The county board may refuse the use of any school facility for these purposes if it appears that the use is likely to:
Provoke or add to a public riot or breach of the peace; or
Create a clear and present danger to the peace and welfare of the county or State.
Each county board may permit a partisan political organization that has polled 10 percent or more of the entire vote cast in this State in the last general election to use public school facilities for programs and meetings that relate to a political campaign for nomination or election of a candidate to public office.
Each county board may permit the use of public school facilities for religious or other lawful purposes.
Subject to § 7–109 of this subtitle, school facilities may be used only at times that will not interfere with regular school sessions or other bona fide school activities.
In Montgomery County, nonschool use of school facilities for public and community purposes and the manner by which costs associated with such use are apportioned may be regulated by local law consistent with the use criteria set forth in § 7–110 of this subtitle and not inconsistent with any other provisions of this article. The local law authorized by this subsection may provide for an interagency coordinating board and for the appointment of its members by Montgomery County. Membership may include the Superintendent of Schools, the President of Montgomery College, the members of the Montgomery County Planning Board, and such other members as may be provided by the local law.
In Talbot County, the county board may enter into a lease with an organization that operates a community–based educational and recreational program to use a public school facility if:
The county board does not anticipate a need for the public school facility during the term of the lease;
The county board determines that the public school system will benefit if the organization operates a community–based educational and recreational facility at the public school facility; and
The lease term is not longer than 99 years.
If the program and public school facility comply with the rules and regulations of the Department that govern group child care centers, each county board:
Shall give priority to nonprofit child care programs for use of public school facilities before and after school hours;
May make space available during school hours; and
May lease any part of public school property for the construction or operation of a child care center if:
The county board determines that the property will not be needed for public school use during the term of the lease; and
The term of the lease is not greater than 20 years.
Each county board shall adopt rules and regulations for implementing this program that are consistent with the rules and regulations of the Department that govern group child care centers.
Any additional costs incurred in the administration or support of these child care services shall be paid by the sponsoring organizations in accordance with an annual agreement with the county board that made the facilities available.
A reasonable charge for heating, lighting, and janitorial services for use of public school facilities under §§ 7-108 and 7-109 of this subtitle may be made.
Charges for commercial use of surplus school space may include rent and recovery of capital costs, in addition to those items in paragraph (1) of this subsection.
The person who applies for the use of school facilities shall be responsible for all damage to the property, other than ordinary wear and tear.
If the person does not pay for damages to the property, the county board may refuse any other application by that person for the use of the property until the damage is repaired without expense to the county board.
The person who applies for the use of school facilities shall leave the facilities after their use as clean as they were before the use.
If the person does not leave the facilities as clean as they were before the use, the county board may refuse to allow the person to use the facilities again.
Subject to subsection (b) of this section, each public school under the jurisdiction of a county board that provides access to its buildings and grounds or its student information directory to any person or group which makes students aware of occupational or educational options shall provide access on the same basis to official recruiting representatives of the military forces of this State and the United States for the purpose of informing students of educational and career opportunities available in the military.
A public school subject to this section shall provide notice to each student and to the parent or guardian of each student enrolled at the school that, in accordance with federal law, the student or the parent or guardian of the student may request that the student’s name, address, and telephone number not be released to military recruiters.
The notice described under paragraph (1) of this subsection shall:
Be included in a clear and conspicuous manner and in the same size type as the other statements on the card requesting emergency contact information that is distributed by the public school to each student or parent or guardian of the student; and
Request that the student or the parent or guardian of the student indicate if the student’s name, address, and telephone number are not to be released to military recruiters by checking the box “Do not release contact information”.
On or before October 1 and March 1 of each school year, the principal of each public school in a county shall submit a list to the county board that includes the name, address, and telephone number of each student whose contact information is not released to military recruiters as directed under paragraph (2)(ii) of this subsection.
In this subsection, “ASVAB” means the Armed Services Vocational Aptitude Battery.
Each public school in the State that administers the ASVAB shall, 2 weeks before administering the exam, notify students taking the ASVAB and the parent or guardian of students taking the ASVAB of the option to choose “Option 8” as the score reporting option for military recruiter contact to prohibit the general release of any student information to military recruiters.
Each public school that administers the ASVAB shall notify students taking the ASVAB and the parent or guardian of students taking the ASVAB of the release of student information requirements set forth in paragraph (4) of this subsection.
A student or a student’s parent or guardian who chooses “Option 8” as the score reporting option or for whom “Option 8” is chosen by the county board may choose to later release the student’s personal information and ASVAB scores by individually submitting the required forms to the military services authorizing the release of the information to:
Recruiting representatives of the military services;
Registered apprenticeship programs;
Youth apprenticeship programs under Title 18, Subtitle 18 of this article; and
Employers registered with:
The Maryland Department of Labor; or
Local Workforce Development Boards.
Nothing in this subsection may be construed to limit a county board’s ability to choose “Option 8” as the score reporting option for military recruiter contact to prohibit the general release of any student information to military recruiters for public schools that administer the ASVAB in the county.
When a county board publishes a listing or a description of a course or courses for an individual school or for the county school system, the county board shall include as a part of the listing or description specific information concerning:
The content of any course or any section of a course for which there are alternative activities available for a student who does not wish to participate in the course or section of the course;
The content of the alternative activities that are available; and
The methods by which a student can gain access to the alternative activities for a course or a section of a course.
Subject to the requirements of this section, the Department may develop a standardized course numbering system to facilitate the collection of data on student participation in courses offered by the public schools.
The course numbering system shall be available for adoption by each county school system on a voluntary basis.
If the Department requires a data collection involving course numbers, a county school system that has not adopted the State standardized course numbering system shall be responsible for providing a translation between the county school system’s course numbers and those in the State standardized course numbering system.
A public school may not print or have printed a student’s Social Security number on any type of identification card.
In this section the following words have the meanings indicated.
“Private noncollegiate institution” means a school or other institution that is not under the general control and supervision of a county board of education.
“Unpaid work–based learning experience” means a program that provides a student with structured employer–supervised learning that:
Occurs in the workplace;
Links with classroom instruction;
Is coordinated by a county board or private noncollegiate institution; and
Is conducted in accordance with the terms of an individual written work–based learning agreement between the county board of education or private noncollegiate institution placing a participating student and the employer of that participating student.
A student who has been placed with an employer in an unpaid work–based learning experience coordinated by a county board or private noncollegiate institution is a covered employee of that employer, as defined in Title 9 of the Labor and Employment Article, for the purposes of coverage under the State workers’ compensation laws.
The participating employer where a student is placed in an unpaid work–based learning experience under this section shall secure workers’ compensation coverage for that student.
The participating employer may satisfy its obligation to secure workers’ compensation coverage under this subsection if the county board or private noncollegiate institution that places the student in the unpaid work–based learning experience chooses to secure workers’ compensation coverage for that student.
The county board or private noncollegiate institution that places a student with an employer in an unpaid work–based learning experience under this section may secure workers’ compensation coverage for that student.
Subject to subsection (e) of this section, if a county board or private noncollegiate institution chooses to secure workers’ compensation coverage under this subsection, the participating employer shall reimburse the county board or private noncollegiate institution in an amount equal to the lesser of:
The cost of the premium for the workers’ compensation insurance coverage; or
A fee of $250.
A county board may waive the requirement for reimbursement under subsection (d)(2) of this section.
To facilitate the transfer of school–aged student dependents of active service members to and from the public schools of this State, the State Board shall pursue reciprocity agreements with other states regarding the terms of those student transfers.
A reciprocity agreement shall include procedures for:
The timely transfer of student records;
Awarding credit for completed course work;
Allowing a student to satisfy the graduation requirements of § 7-205 of this title through successful completion of comparable courses in another state; and
Allowing a student to satisfy the requirements of the Maryland high school assessments through successful performance on comparable exit-level or high standard assessments administered in another state.
In this section the following words have the meanings indicated.
“Child with a disability” has the meaning stated in § 8–401 of this article.
“Dependent child” means an individual of school age who is a natural child, a stepchild, an adopted child, or a financially dependent child of an active service member.
“Enrollment” includes course registration and charter school lotteries.
“Free appropriate public education” has the meaning stated in § 8–401 of this article.
“Sending state” has the meaning stated in § 7–1303 of this title.
Subject to paragraph (2) of this subsection and subsection (c) of this section, a county superintendent shall allow a dependent child of an active service member who is relocating to the State on official orders and is not domiciled in that county during the enrollment period to apply for advance enrollment in a public school in the county.
To advance enroll under paragraph (1) of this subsection, an active service member shall provide to a county superintendent official orders evidencing that the active service member will be stationed in the State during the current or immediately following school year.
A county superintendent shall establish a remote registration process for advance enrollment under paragraph (1) of this subsection.
A remote registration process established under this paragraph may not:
Charge a fee; or
Require the active service member or other parent or guardian or the dependent child to physically appear at a location within the county to complete any part of the advance enrollment process.
The remote registration process shall provide an opportunity for the active service member or other parent or guardian of a dependent child to note whether the child has an individualized education program or a 504 plan in the sending state.
If a dependent child has an individualized education program or a 504 plan in the sending state, the county board shall ensure that the child receives an appropriate education without undue delay in the county in which the child enrolls, including, if appropriate, education under an individualized education program or in accordance with a 504 plan.
A county board shall coordinate with a child’s parent or guardian and the school system in the sending state in order to carry out this paragraph.
To finalize advance enrollment under this section, within 10 days of the published arrival date on the active service member’s official orders, the active service member shall provide the school with:
Satisfactory evidence of the dependent child’s status as a dependent child of the active service member;
A copy of the active service member’s official orders to relocate; and
Proof of residence in the county.
The active service member may use the address of any of the following as proof of residence:
A temporary on–base lodging facility;
A purchased or leased home or apartment; or
Any federal government housing unit or off–base military housing unit.
Notwithstanding any other provision of law, a dependent child of an active service member who has used advance enrollment to enroll in a school under this section may remain enrolled in school until the end of the current school year, even if the child no longer meets residency requirements of the school.
A dependent child of an active service member who uses advance enrollment shall have access to academic courses and programs, including extracurricular activities and athletic and social programs, in the same manner as other students enrolled in the school.
The Secretary of Veterans and Military Families, in consultation with the military family education liaison designated under § 7–1303 of this title and the Office of Military and Federal Affairs and the Maryland Military Installation Council in the Department of Commerce, shall publish and maintain information on:
The advance enrollment procedures established under this section;
The Purple Star Schools Program established under § 7–129 of this subtitle;
The Interstate Compact on Educational Opportunity for Military Children established under Subtitle 13 of this title; and
Any assistance and services available to active service members regarding the advance enrollment of a dependent child, including a child with a disability entitled to receive a free appropriate public education in the State.
The purpose of this section is to:
Acknowledge 36 U.S.C. § 106, which designates September 17 of each year as “Constitution Day and Citizenship Day” to commemorate the signing of the United States Constitution on September 17, 1787; and
Celebrate “Constitution Day and Citizenship Day” in the public schools and help instill in students knowledge of the history, importance, and enduring meaning of the United States Constitution and of the Maryland Constitution on the citizens of the State.
In accordance with Pub. L. 108–447 § 111(b), each county board may establish a program of education to be held on “Constitution Day and Citizenship Day” each year to teach students about:
The United States Constitution; and
The Maryland Constitution.
The program of education may include:
Special assemblies, discussions, presentations, and events commemorating the United States Constitution and the Maryland Constitution;
The opportunity for eligible students to register to vote; and
Efforts to reinforce existing curricula.
The Governor shall include the following amounts in the State budget to the Maryland Association of Environmental and Outdoor Education for increasing the number of green schools in the State:
For fiscal year 2021, $278,750;
For fiscal year 2022, $268,300;
For fiscal year 2023, $272,100;
For fiscal year 2024, $276,400;
For fiscal year 2025, $280,850;
For fiscal year 2026, $280,850;
For fiscal year 2027, $280,850; and
For fiscal year 2028, $216,600.
The appropriations made under subsection (a) of this section may only be used as follows:
To support professional development, assist with transportation of students to and from environmentally focused activities, or support school projects that incorporate environmental best practices for waste and recycling, energy conservation, water conservation, schoolyard habitat, outdoor classrooms, transportation, or health, the following allocations:
For fiscal year 2021, $115,000;
For fiscal year 2022, $115,300;
For fiscal year 2023, $115,600;
For fiscal year 2024, $116,000;
For fiscal year 2025, $116,250;
For fiscal year 2026, $116,250;
For fiscal year 2027, $116,250; and
For fiscal year 2028, $116,600;
To increase the number of environmental educators in the State who will provide green schools training and assist schools with becoming a green school, the following allocations:
For fiscal year 2021, $125,750;
For fiscal year 2022, $130,000;
For fiscal year 2023, $133,500;
For fiscal year 2024, $137,400;
For fiscal year 2025, $141,600;
For fiscal year 2026, $141,600;
For fiscal year 2027, $141,600; and
For fiscal year 2028, $85,000;
To support statewide green school events, the following allocations:
For each of fiscal years 2021 through 2027, $8,000; and
For fiscal year 2028, $6,000;
To conduct, in accordance with subsection (c) of this section, an annual evaluation of the impact of the funds appropriated under this section on increasing the number of green schools in the State, the following allocations:
For each of fiscal years 2021 through 2027, $10,000; and
For fiscal year 2028, $4,000; and
To create an online application form for a school to apply to get funding under this section, the following allocations:
For fiscal year 2021, $20,000; and
For each of fiscal years 2022 through 2028, $5,000.
The annual evaluation funded under subsection (b)(4) of this section shall:
Be conducted annually in calendar years 2022 through 2029;
Be conducted by an independent contractor that has experience evaluating environmental programs;
Examine whether the funding has:
Increased support for the development of green schools;
Provided professional development to more teachers; and
Increased the environmental literacy of students; and
On completion, be provided to:
The President of the Senate;
The Speaker of the House;
The State Superintendent;
The Secretary of the Environment;
The Secretary of Natural Resources;
The Senate Education, Health, and Environmental Affairs Committee;
The House Committee on Ways and Means; and
The House Environment and Transportation Committee.
In this section, “classroom teacher” means a teacher who is primarily responsible and accountable for the students in that class.
“Classroom teacher” does not include:
Curriculum specialists;
Guidance counselors;
Librarians;
Media specialists;
Instructional aides;
Attendance personnel;
Health services personnel;
Psychologists;
Social workers;
Clerical personnel;
Community college staff; or
Any other individual whose job does not require skill in the field of education and who is not responsible for the day–to–day instruction of the same group of students.
By the beginning of the 2012–2013 academic year, the Department shall develop a uniform data collection method to track the number of students who regularly participate in a classroom teacher’s class.
The uniform data collection method developed under paragraph (1) of this subsection shall reflect the number of students who participate in a classroom teacher’s class as of September 30 of each year.
Beginning with the 2012–2013 academic year, each county board shall:
Implement the uniform data collection method developed under subsection (b) of this section; and
Report the results of the data collection to the Department on or before December 1 of each year.
On or before March 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the data obtained under subsection (c)(2) of this section.
In this section, “multiple–birth children” means twins, triplets, quadruplets, quintuplets, or more.
This section applies only to children entering kindergarten through second grade.
The parent or guardian of multiple–birth children may request that the multiple–birth children or certain groups of the multiple–birth children be placed in the same classroom or separate classrooms if the children are in the same grade level at the same school.
The parent or guardian shall make the request in writing to the school principal within 14 days after:
The first day of school; or
If the children were enrolled in the school after the school year has commenced, the first day of attendance of the children.
Except as provided in subsection (e) of this section, a school shall provide the classroom placement requested by the parent or guardian under subsection (c) of this section.
At the end of 30 days, if the principal of the school, in consultation with the teacher of each classroom in which the children are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the children.
The school may:
Recommend to a parent or guardian the appropriate classroom placement for the multiple–birth children; or
Provide professional educational advice to assist a parent or guardian regarding classroom placement for the multiple–birth children.
A county board may not adopt a classroom placement policy of automatically separating or placing together multiple–birth children.
In this section the following words have the meanings indicated.
“School–sponsored media” means any material that is:
Prepared, written, published, or broadcast by a student journalist at a public school;
Distributed or generally made available to members of the student body; and
Prepared under the direction of a student media advisor.
“School–sponsored media” does not include material that is intended for distribution or transmission solely in the classroom in which the material is produced.
“Student journalist” means a public school student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school–sponsored media.
“Student media advisor” means an individual employed, appointed, or designated by a county board or a public school to supervise or provide instruction relating to school–sponsored media.
Subject to subsection (d) of this section, a student journalist may exercise freedom of speech and freedom of the press in school–sponsored media.
Paragraph (1) of this subsection may not be construed to be limited by the fact that the school–sponsored media is:
Supported financially by the local school system, or by the public school, or by use of facilities owned by the county board; or
Produced in conjunction with a class in which the student journalist is enrolled.
Subject to subsection (d) of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school–sponsored media.
Paragraph (1) of this subsection may not be construed to prevent a student media advisor from teaching professional standards of English and journalism to student journalists.
This section may not be construed to authorize or protect content of school–sponsored media by a student journalist that:
Is libelous or slanderous;
Constitutes an unwarranted invasion of privacy;
Violates federal or State law; or
Incites students to create a clear and present danger of the commission of an unlawful act, the violation of county board policies, or the material and substantial disruption of the orderly operation of the public school.
A student media advisor may not use the advisor’s position to influence a student journalist to promote an official position of a county board or a public school.
Except as provided in paragraph (2) of this subsection, a county board may not exercise prior restraint of any school–sponsored media.
A county board may exercise prior restraint of school–sponsored media described under subsection (d) of this section.
The administration of a public school shall have the burden of proving justification without undue delay before an action is taken under subsection (f)(2) of this section.
A student journalist may not be disciplined for acting in accordance with subsection (b) or (c) of this section.
A student media advisor may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
Acting to protect a student journalist engaged in conduct under subsection (b) or (c) of this section; or
Refusing to infringe on conduct that is protected by subsection (b) or (c) of this section, the First Amendment to the United States Constitution, or Article 40 of the Maryland Declaration of Rights.
Each county board shall adopt a written policy concerning the provisions of this section.
The policy adopted under paragraph (1) of this subsection:
Shall include reasonable provisions for the time, place, and manner of expression by a student journalist in school–sponsored media; and
Notwithstanding the provisions of subsections (b) and (c) of this section, may include limitations on language that may be defined as profane, vulgar, lewd, or obscene, or language that has the intent to harass, threaten, or intimidate.
In this section, “healthy school start time” means a school starting time of no earlier than 8:00 a.m.
Beginning in the 2017–2018 school year, there is an Orange Ribbon for Healthy School Hours certification in the Department.
The purpose of the Orange Ribbon for Healthy School Hours certification is to recognize a local school system that creates, implements, and enforces school start times that are consistent with the school start times recommended by the Department, the Maryland Department of Health, and the American Academy of Pediatrics.
A local school system may submit to the Department an application for the Orange Ribbon for Healthy School Hours certification.
The Department shall grant the appropriate Orange Ribbon for Healthy School Hours certification to a local school system that meets the requirements of this section.
To qualify for an Orange Ribbon for Healthy School Hours certification, a local school system:
May not have:
An elementary school in the local school system that requires a student to:
Be in class before 8:00 a.m.; and
Board a school bus before 7:00 a.m.; and
A middle or high school in the local school system that requires a student to:
Be in class before 8:30 a.m.; and
Board a school bus before 7:30 a.m.; and
Shall:
Conduct at least two targeted and televised public education forums for students, parents, teachers, and school staff on the necessity of healthy school start times, the consequences of chronic sleep deprivation, and the health and safety impact of aligning school start times with adolescent sleep patterns;
Inform the following stakeholders of the importance of healthy school start times:
Teachers;
Parents;
Students;
Administrators;
School staff;
Transportation providers;
Athletic directors;
Local business owners;
Coaches;
Child care providers;
Local employers of students;
City or county agencies that provide services or opportunities to students; and
Organizations that use local school systems’ fields and facilities on a regular basis; and
Engage the stakeholders listed in item 1 of this item in conversations to discuss possible contraindications of altering current school start times; and
Notify the public and stakeholders of any changes to school start times.
If the Department determines that a local school system does not meet all of the requirements under subsection (d) of this section, the Department may grant a limited certification if the local school system meets the requirements for the limited certification under paragraph (2) or (3) of this subsection.
To qualify for an Orange Ribbon for Healthy School Hours – Commended certification, a local school system shall:
Meet the requirements under paragraph (3) of this subsection;
Have implemented and maintained a school district–wide school time change that moved the school district schedule closer to the hours set forth in subsection (d) of this section; and
Provide evidence of progress toward meeting the requirements of subsection (d) of this section.
To qualify for an Orange Ribbon for Healthy School Hours – Honorable Mention certification, a local school system shall:
Have established a school study task force within 2 years after the date of the local school system’s application for initial certification or renewal of a certification to review possible solutions for healthy school start times; and
Meet the requirement under subsection (d)(2)(i) of this section; or
Provide evidence of a plan to move the local school system toward meeting all of the requirements of subsection (d) of this section.
On or before October 1, 2016, the State Board shall establish criteria that a local school system must meet to prove that the local school system is enforcing school start times that are consistent with recommendations from the Department, the Maryland Department of Health, and the American Academy of Pediatrics.
On or before December 1, 2016, the State Board shall provide each local school system with:
Information on methods of efficiently altering current school start times to be consistent with recommendations; and
The criteria established in paragraph (1) of this subsection.
An Orange Ribbon for Healthy School Hours certification granted under subsection (d) or (e) of this section shall be renewed each year if the local school system presents evidence that the local school system is in compliance with this section.
The Department shall adopt regulations to carry out the requirements of this section.
In this section, “eligible organization” means a nonprofit organization that:
Provides youth with an out–of–school time experience that focuses on personal and workforce development; and
Serves public school students as a majority of its participating youth.
There is a Robotics Grant Program in the State.
The purpose of the Program is to provide grants to public schools and eligible organizations in the State to support existing robotics programs and to increase the number of robotics programs in the State.
A school or an eligible organization is eligible to receive a grant under this section if the school or eligible organization is proposing a new robotics program or club or has an existing robotics program or club.
An eligible organization is eligible to receive a grant under this section only if the eligible organization is associated with a public school.
The Governor shall include in the State budget an annual appropriation of at least $350,000 to the Program.
The Department shall implement and administer the Program in accordance with this section.
To the extent practicable, the Department shall award grants to ensure geographic diversity among the grantees.
The Department may adopt regulations to implement the requirements of this section.
There is a Remote Classroom Technology Grant Program in the State.
The purpose of the Program is to provide grants to public schools in the State to purchase technology to allow students with medical conditions to participate in classrooms remotely if in–person attendance is not possible.
The Governor may include in the State budget an annual appropriation to the Program.
The Department shall implement and administer the Program in accordance with this section.
The Department may adopt regulations to implement the requirements of this section.
In this section, “unpaid meal debt” means debt owed to a school by a student for school meals or insufficient funds in the student’s meal account.
A public school shall notify a parent or legal guardian of a student when there is a low balance in the student’s meal account and before the student accrues unpaid meal debt.
A public school may not:
Communicate about unpaid meal debt directly with a student or in a manner that humiliates, embarrasses, or stigmatizes the student; or
In response to a student’s unpaid meal debt:
Require the student to wear a wristband, hand stamp, sticker, or other identifying mark;
Require the student to complete chores or tasks;
Deny a meal to the student;
Dispose of a meal after it has been served to the student; or
Restrict a student from access to school records or participation in any school–related extracurricular activity.
A public school may provide an alternative meal instead of a standard meal if the meal:
Meets the nutritional standards of the U.S. Department of Agriculture; and
Is available to all students in the school, regardless of unpaid meal debt.
A public school shall ensure that a parent or legal guardian of each student is notified about the application process and eligibility requirements for the school’s free or reduced price meal programs by providing:
Assistance in understanding the application process and eligibility requirements; and
Printed applications in multiple languages.
A public school shall allow a student to apply for the school’s free or reduced price meal programs at any time during the year.
If a student who qualifies for a free or reduced price meal program transfers to another school within the same jurisdiction, the new school shall enroll the student in the corresponding free or reduced price meal program.
Each county board shall:
Determine whether each public school in its jurisdiction is in compliance with the policies and standards of the U.S. Department of Agriculture regarding communications about meal charge policies; and
Report to the Department its findings each year.
All public schools in the State are encouraged to develop introductory career and technical education courses with the goal of making career and technical education a part of all elementary, middle school, and high school curricula.
In this section the following words have the meanings indicated.
“CTE Committee” means the Career and Technical Education Committee established under § 21–207 of this article.
“Local career counseling agreement” means a memorandum of understanding between a county board, a local workforce development board, a community college, and, if appropriate, an American Job Center to provide career counseling services.
“Program” means the Career Counseling Program for Middle and High School Students.
There is a Career Counseling Program for Middle and High School Students.
The purpose of the Program is to provide each middle school and high school student in the county with individualized career counseling services.
Each county board shall enter into a local career counseling agreement with the local workforce development board, the community college that serves the county, and, if appropriate, an American Job Center.
Counseling provided under the local career counseling agreement shall help each student choose one or more post–college and career readiness pathways under § 7–205.1 of this title.
Funding received by the county board for career counseling under Subtitle 2 of this title shall be spent in accordance with the agreement.
The CTE Committee shall conduct an evaluation of each local career counseling agreement for best practices and disseminate its findings to all county boards, local workforce development boards, community colleges, and if appropriate, American Job Centers in the State.
In this section, “next most rigorous subject matter course” includes an honor course, an Advanced Placement course offered by the College Board, an International Baccalaureate course, and a gifted and talented course.
Each middle and high school shall, after a student has demonstrated readiness in a subject matter, encourage enrollment in the next most rigorous subject matter course available in the school, and, to the extent practicable, enroll the student in the next most rigorous subject matter course.
Each middle and high school shall seek to enroll each student in the next most rigorous subject matter course in accordance with subsection (b) of this section without regard to the student’s race, ethnicity, sex, sexual orientation, gender identity, religious beliefs, address, disability status, socioeconomic status, or the language spoken in the student’s home.
In this section the following words have the meanings indicated.
“Military–connected student” means a student who is a dependent of:
A service member; or
A service member who was killed in the line of duty.
“Program” means the Purple Star Schools Program.
There is a Purple Star Schools Program.
The purpose of the Program is to recognize public schools that provide strong services and support for military–connected students and their families when, as a result of official orders, a military–connected student transfers schools.
The Department shall administer the Program.
Subject to subsection (d) of this section, the Department shall designate a public school as a Purple Star School if the school applies and meets the criteria adopted by the Department for a Purple Star School.
At a minimum, the Department’s criteria for a Purple Star School shall require a public school to:
Designate a staff member as a uniformed services liaison, whose duties shall include:
Identifying military–connected students who are newly enrolled or soon to be enrolled at the school;
Serving as the point of contact between the school and newly enrolled or soon to be enrolled military–connected students and their families;
Determining appropriate school services available to newly enrolled or soon to be enrolled military–connected students;
Assisting in coordinating school programs for newly enrolled or soon to be enrolled military–connected students; and
Generally aiding with a military–connected student’s transition to a new school;
Establish on the school’s website an easily accessible webpage that includes resources for military–connected students and their families, including information regarding:
Relocation to, enrollment at, registration at, and transferring records to the school;
Academic planning, course sequences, and advanced classes available at the school; and
Counseling and other support services available for military–connected students transitioning into the school;
Maintain a transition program led by students, if appropriate, that assists military–connected students enrolled at the school; and
Offer professional development for staff members on issues related to military–connected students transferring to new schools.
A public school may partner with the county board to fulfill the Department’s criteria to qualify as a Purple Star School.
The Department shall adopt regulations to carry out this section.
In this section, “Program” means the Grant Program to Reduce and Compost School Waste.
There is a Grant Program to Reduce and Compost School Waste within the Department.
The purpose of the Program is to award grants to county boards and public schools to develop and implement programs for reducing food waste and to establish composting of pre– and post–consumer waste.
A county board or a public school may apply for a grant under this section.
Except as provided in paragraph (2) of this subsection, the Department shall administer the Program.
The Maryland Association for Environmental and Outdoor Education shall review grant applications and select grant awardees under the Program.
The Department shall award grants to the applicants selected by the Maryland Association for Environmental and Outdoor Education.
A project is eligible for a grant if it is submitted by a county board or public school and will:
Educate students, staff, and parents on the connection between food waste, climate, environment, and hunger;
Support school infrastructure to measure food waste and reduction of food waste;
Train and educate students and staff on the implementation of food waste reduction and composting; and
Include at least one of the following activities:
Planning to transition the school to an offer versus serve model in cafeterias, which allows students to decline foods offered rather than serving food a student will not eat, in compliance with federal law, and trains students and staff on the model;
Developing processes for surplus food to be served during after school activities or the following day, or to be taken home to student families;
Contracting with a commercial composter or municipal or county agency to recycle in–school organic waste;
Establishing on–site composting bins;
Replacing single–serve milk cartons with bulk milk dispensers;
Establishing share tables based on guidance from the U.S. Department of Agriculture, Food and Nutrition Service document number SP41 CACFP13 SFSP15–2016;
Packaging and distributing surplus food to local food rescue organizations to support local communities; or
Establishing any other program or activity that prevents and reduces food waste in a public school.
To carry out the purpose of the Program, grant awards shall be prioritized to the following programs or schools:
Programs that will be led by students;
Schools with high numbers of students who receive free and reduced price meals;
Programs that will contract with a small and minority– or veteran–owned business; and
Programs that will contract with businesses that pay employees a living wage, as defined in § 18–101 of the State Finance and Procurement Article.
A county board or public school that receives a grant through the Program annually shall report to the Department on program outcomes, including:
The amount of food waste prevented, diverted, and composted; and
Improvement in education of students and staff on environmental best practices related to food waste management.
The Department shall coordinate with the Department of the Environment to identify and apply for federal funding that may be used to support the Program.
On or before December 1, 2023, and each December 1 thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the Program.
The Department may adopt regulations necessary to implement this section.
In this section, “student athlete” means a student enrolled in a high school who participates in a high school athletic program that is a member of the Maryland Public Secondary Schools Athletic Association.
A county board and the Maryland Public Secondary Schools Athletic Association shall allow a student athlete to modify the athletic or team uniform of the student athlete in a manner that makes the student athlete’s attire more modest to conform to:
The requirements or preferences of the student athlete’s religion or culture; or
The student athlete’s own preferences for modesty.
A student athlete may not be required to receive approval from a coach, a teacher, a school administrator, or the county board before making the uniform modification.
A modification to an athletic or team uniform may include the wearing of:
A head covering worn for religious reasons, including a Muslim hijab, Jewish kippah, or Sikh dastar;
An undershirt; or
Leggings.
A modification to an athletic or team uniform may not:
Interfere with the movement of the student athlete; or
Pose a safety hazard to the student athlete, other student athletes, or others.
A student athlete may modify the uniform headgear if the modified headgear:
Is black, white, the predominant color of the uniform, or the same color as that worn by all players on the team;
Does not cover any part of the face, unless required for the safety of the wearer;
Is not dangerous to the student athlete, other student athletes, or others;
Does not have opening or closing elements around the face or neck; and
Does not have parts protruding from its surface.
A student athlete is responsible for all costs associated with the modification of the student athlete’s athletic or team uniform under this section.
This subsection may not be construed to prohibit a public school from providing the uniform modification to the student.
In this section the following words have the meanings indicated.
“Career” means an occupation that provides opportunities for upward mobility and professional progress.
“Eligible county” means:
Baltimore City;
Baltimore County; or
Prince George’s County.
“Eligible local school system” means:
The Baltimore City public school system;
The Baltimore County public school system; or
The Prince George’s County public school system.
“Pilot Program” means the Pilot Program for Human Services Careers established under § 2–303 of the Human Services Article.
“Scholarship” means the Pilot Program for Human Services Careers Scholarship established under § 18–3902 of this article.
“Targeted positions” means the following positions in the Department of Human Services in an eligible county:
Child Support Specialist Series;
Family Investment Specialist Series;
Family Support Worker Series;
Family SVS Caseworker Series; and
Social Worker Series.
Under the Pilot Program, eligible local school systems and the Department of Human Services shall collaborate to assist students in establishing careers in targeted positions in the Department of Human Services.
Each eligible local school system shall enter into a memorandum of understanding with the Department of Human Services for the Pilot Program that shall include:
Clear goals for the Pilot Program and actionable items to meet those goals, including identifying specific schools or numbers of students to participate in the Pilot Program; and
A commitment to publicize the Pilot Program, including the availability of:
Stipends for students hired to work in targeted positions in the Department of Human Services after graduation from a high school in an eligible local school system; and
The Scholarship.
Each eligible local school system shall:
Identify students who may be interested in working for the State after graduating from high school;
Publicize the Pilot Program, including emphasizing the career opportunities and benefits;
Work with the Department of Human Services to develop internship opportunities at the Department of Human Services and provide course credit to students participating in the internships;
Schedule at least one career day each semester for representatives of the Department of Human Services to present to students in the school system information about career opportunities in targeted positions in the Department of Human Services and the necessary qualifications;
Work with the Department of Human Services to identify the knowledge and skills necessary for targeted positions in the Department of Human Services and incorporate teaching the knowledge and skills into the curriculum of a required course; and
Include the discussion of career opportunities at the Department of Human Services as part of the individualized career counseling services in the Career Counseling Program for Middle and High School Students established under § 7–127 of this subtitle.
The Department of Human Services shall assist an eligible local school system with the requirements of subsection (c) of this section.
If a student is hired to work in a targeted position in the Department of Human Services after graduation from a high school in an eligible local school system, the Department of Human Services shall award a one–time stipend of $500 to the employee.
Each public school shall provide information to students, faculty, staff, and parents regarding:
Who serves as the Title IX coordinator for the school;
The process in place for filing a sexual misconduct complaint; and
The support measures that are in place for an individual who files a sexual misconduct complaint and how to access the support measures.
In this section:
“Museum of cultural import” means a museum that provides historic and sociological learning opportunities on the history and culture of an oppressed and historically underrepresented community, leaving attendees with a deeper understanding of the community and all people’s shared humanity; and
“Museum of cultural import” includes:
The United States Holocaust Memorial Museum;
The National Museum of African American History and Culture;
The Jewish Museum of Maryland; and
The Reginald F. Lewis Museum of Maryland African American History and Culture.
The Governor shall include in the annual budget bill an appropriation of $500,000 for the Department to provide grants to local school systems for any related expenses for student field trips to museums of cultural import.
In this section the following words have the meanings indicated.
“Open–source” means material with either freely obtainable source code, a license for modification, or permission for free distribution.
“Open–source phonics organization” means any nonprofit organization, institution of higher education, or public library that produces or distributes free, open–source phonics materials in the State.
“Phonics” has the meaning stated in § 4–136 of this article.
“Program” means the Open–Source Phonics Matching Grant Program.
There is an Open–Source Phonics Matching Grant Program in the Department.
The purpose of the Program is to provide matching funds to open–source phonics organizations to provide free, open–source phonics learning materials to be used by adults to tutor students in the State.
The Department shall administer the Program.
An open–source phonics organization may submit an application for a grant on the form that the Department requires.
An application for a grant shall include a plan to ensure that the open–source phonics organization is able to provide free, open–source phonics learning materials that:
Are consistent with best practices in literacy education, including the science of reading; and
Enable adults to tutor students in the State.
The Department shall disburse grants to open–source phonics organizations.
Periodically, the Department shall review the open–source phonics learning materials provided under this section to ensure the materials are consistent with best practices in literacy education, including the science of reading.
The Department shall:
On or before December 1, 2025, and every other year thereafter, report to the General Assembly on the effectiveness of the Program in accordance with § 2–1257 of the State Government Article; and
Collect statistics and other information necessary for this purpose.
For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $150,000 to the Program.
In this section, “Program” means the Holocaust Education Assistance Grant Program.
There is a Holocaust Education Assistance Grant Program in the State.
The purpose of the Program is to assist local school systems with Holocaust education in public schools.
A local school system may apply to the Department for a grant from the Program.
A local school system may use a grant only for Holocaust–related:
Teacher training; or
Teaching materials.
The Governor shall include in the annual budget bill an appropriation of $50,000 for the Program.
The Department shall establish a program, when funding is available, to engage in procurement of local food for local school systems.
The program shall procure products that are:
Foods grown at a certified local farm, as defined in § 14–701 of the State Finance and Procurement Article;
Certified Chesapeake invasive species provided by a certified Chesapeake invasive species provider, as defined in § 14–701 of the State Finance and Procurement Article; and
Foods grown within a 250–mile radius from an elementary or secondary school in the State.
The program shall give preference to providers qualifying under paragraph (2)(i) and (ii) of this subsection.
The Department shall coordinate with the Department of Agriculture, the Department of General Services, and any other relevant unit of State government to establish the program, including a centralized platform to encourage the participation of farmers and distributors in procurement opportunities in accordance with subsection (a) of this section.
Subject to § 2–1257 of the State Government Article, the Department shall report to the General Assembly on or before December 1 each year on the total number and dollar value of procurement contracts for local food at local schools, including the number of these contracts that are with certified local farms or certified Chesapeake invasive species providers.
In this section the following words have the meanings indicated.
“Academic school day” means any structured or unstructured learning experience that occurs from when the first bell rings at the start of the school day until the dismissal bell rings at the end of the school day, including instructional periods, lunch, recess, passing periods, and transitional periods.
“Electronic communication device” means any portable electronic device carried or transported by a student to receive, send, or record voice, image, or text content, including cell phones, tablets, laptops, smart watches, wireless earbuds or headphones, geolocation devices, and any other device with communication functions.
“Electronic communication device” does not include an electronic communication device provided by a county board for instructional purposes.
“Social media platform” means an Internet–based application, website, or digital service that enables users to create, share, or view content or to interact with other users through profiles, accounts, feeds, messaging, comments, reactions, or similar social features, and that is primarily designed to facilitate social interaction, user–generated content, or content distribution to a broad or semi–public audience.
“Store” means to secure in a manner determined by the county board.
This section does not apply to the Maryland School for the Blind or the Maryland School for the Deaf.
Not later than the 2027–2028 school year, each county board shall develop and implement a policy to prohibit the use of electronic communication devices by students during the academic school day.
Except as provided in subsection (e) of this section, the policy developed under this section shall:
Prohibit a student from using an electronic communication device during the academic school day;
Require a student to store the student’s electronic communication device during the academic school day;
Prohibit a student from accessing or using a social media platform during the academic school day; and
Require administrator approval for the use of a personal electronic communication device for educational purposes when a school–issued electronic communication device is unavailable.
The policy developed under this section may not prohibit a student from using an electronic communication device:
For a student with a disability, for reasonable accommodations related to a disability, including for any purpose in the student’s individualized education program or 504 plan;
To monitor or address a student’s documented health issue;
To access language translation tools to ensure educational equity for multilingual students when school–issued electronic communication devices are not available or sufficient for this purpose; or
For the purpose of meeting caregiving responsibilities, as approved by a principal.
Each county board shall:
Engage parents, students, educators, and community stakeholders in the development and revision of the policy, including determining enforcement of the policy; and
Publish and make the policy available in multiple languages in student handbooks, on the school’s and county board’s websites, and at school events.
A policy developed under this section shall include appropriate disciplinary measures for violations of the policy.
The disciplinary measures adopted under paragraph (1) of this subsection shall be tiered disciplinary measures enforced by an administrator.
A disciplinary measure adopted under paragraph (1) of this subsection may not include suspension or expulsion solely for a violation of the policy.
On or before September 1, 2027, each county board shall submit to the Department a copy of the electronic communication device policy in the local school system implemented under this section, including:
A description of the policy’s:
Storage and security requirements and any related grade–level differentiations established in the policy;
Discipline measures and any related grade–level differentiations established in the policy;
Instructional use protocols; and
Emergency communication plans; and
Documentation of stakeholder engagement in the development of the policy.
On or before December 1, 2028, the Department shall publish on the Department’s website a report that compiles the electronic communication device policies of each county board submitted to the Department under subsection (h) of this section.
Each county board shall send to the Department an updated copy of the electronic communication device policy developed and implemented under this section.
The Department shall publish on its website a copy of each county board’s electronic communication device policy submitted under paragraph (1) of this subsection.
On or before July 30, 2028, and each July 30 until July 30, 2033, each county board shall submit a report to the Department on the impacts of the implementation of the electronic communication device policy, including:
Compliance and enforcement data, including related disciplinary referrals disaggregated by student demographic subgroups; and
Equity and accommodation data, including the number and types of exemptions to the policy granted by schools in the county.
The Department, in consultation with local school systems, shall determine the best method to submit the information required under paragraph (1) of this subsection to the Department, including within existing reporting requirements.
The Department shall adopt regulations to implement the requirements of this section.
In this section, “Program” means the Maryland Civic Excellence Program.
There is a Maryland Civic Excellence Program that recognizes the civic readiness and civic engagement of public high school students in the State.
Not later than the 2027–2028 school year, the State Board, in consultation with experts and stakeholders, shall adopt regulations to establish the criteria and requirements for awarding a seal of civic excellence to a qualified student who attends a public high school in a participating local school system.
The criteria established by the State Board shall include a requirement that, in order to receive a seal of civic excellence, a student must complete a capstone project through an extracurricular activity that is focused on civic service in State, county, or local government.
A local school system may choose to participate in the Program.
A public high school in a participating local school system may not opt out of participating in the Program.
If a local school system chooses to participate in the Program, a public high school shall implement the Program, in accordance with the regulations adopted by the State Board, by incorporating a civic service capstone project into an extracurricular activity at the school that:
Is an existing extracurricular activity at the time the local school system chooses to participate in the Program; or
Is a new extracurricular activity that is supervised by a paid staff member.
A participating local school system that determines a public high school student has fulfilled the criteria established in regulations adopted in accordance with subsection (c) of this section shall:
Award the student a Seal of Civic Excellence; and
Recognize the award by awarding a cord or medal or by attaching other insignia on the student’s high school diploma.
A participating local school system may collaborate with nonprofit organizations, civic organizations, or institutions of higher education to support the implementation of the Program.
On or before July 1, 2028, and each July 1 thereafter, each participating local school system shall submit to the Department a report on the Program based on the most recently completed school year.
In this subtitle the following words have the meanings indicated.
“Cost of quality” means the per–pupil amount provided under § 5–229 of this article.
“Early childhood educator career ladder” means the career ladder for private provider prekindergarten educators established by the Department under § 7–1A–08 of this subtitle.
“Eligible prekindergarten provider” includes an:
Eligible public provider; and
Eligible private provider.
“Eligible private provider” means a community–based early learning program that:
Is licensed in the State;
Does not charge more tuition for full–day prekindergarten than the cost of quality; and
Meets the requirements under § 7–1A–04 of this subtitle.
“Eligible private provider” includes the Ulysses Currie Head Start Program under § 5–231 of this article.
“Eligible public provider” means an early learning program that:
Is provided by a county board at a public school; and
Meets the requirements under § 7–1A–04 of this subtitle.
“Full–day prekindergarten” means an early learning program with a six and one–half hour school day.
“Prekindergarten program” means an early learning program at an eligible prekindergarten provider.
“Prekindergarten provider hub” means a coordinated partnership between eligible prekindergarten providers and other entities established by the Department under § 7–1A–09 of this subtitle.
“Prekindergarten slot” means the available space for a child to attend a prekindergarten program.
“Tier I child” means a child:
Who is 3 or 4 years old;
Whose family income is less than or equal to 300% of the federal poverty level; or
Who is a homeless youth; and
Whose family chooses to enroll the child in full–day prekindergarten.
“Tier II child” means a child:
Who is 4 years old;
In fiscal year 2026, whose family income is more than 300% but not more than 360% of the federal poverty level;
In fiscal year 2027, whose family income is more than 300% but not more than 450% of the federal poverty level; and
In fiscal year 2028 and in each fiscal year thereafter, whose family income is more than 300% but not more than 600% of the federal poverty level; and
Whose family chooses to enroll the child in full–day prekindergarten.
“Tier III child” means a child:
Who is 4 years old;
Whose family income is more than 600% of the federal poverty level; and
Whose family chooses to enroll the child in full–day prekindergarten.
A local department of social services or a local health department shall provide a parent or guardian with oral and written notice that their child may be eligible for publicly funded prekindergarten programs if the parent or guardian:
Applied for economic services with the local department of social services or the local health department; and
Has a child who will be 3 or 4 years old by September 1 of the next academic year.
The notice required under paragraph (1) of this subsection shall include:
Contact information for the enrollment office of the local school system and the Division of Early Childhood Development in the Department; and
Information on the existence of the child care scholarship for before and after full–day prekindergarten programming and the possibility of eligibility for State aid.
On or before April 1 of each year, each local department of social services shall report to the Department of Human Services and each local health department shall report to the Maryland Department of Health on the number of parents who were given a notification before September 1 of the current school year and subsequently enrolled their child in a publicly funded prekindergarten program in the current school year.
On or before May 1 each year, the Maryland Department of Health, in collaboration with the Department of Human Services, shall compile the information reported under subparagraph (i) of this paragraph and submit a summary report to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Each local department of social services or a local health department shall provide to each local school system the name and contact information for each parent or guardian provided notice under subsection (a) of this section.
The requirements set forth in § 7–101(b) of this title regarding the domicile of a child and the residency of the child’s parent or guardian shall apply to prekindergarten programs established by county boards as required by this subtitle.
Except as provided under subsection (b) of this section, a county board shall ensure that:
Beginning in the 2024–2025 school year, prekindergarten slots provided by eligible private providers shall account for at least 10% of the total prekindergarten slots provided by eligible prekindergarten providers in each county;
The proportion of eligible private provider prekindergarten slots in each county increases by 10 percentage points every school year, until, in the 2028–2029 school year, eligible private provider prekindergarten slots account for at least 50% of eligible prekindergarten provider prekindergarten slots in each county; and
In each year after the 2028–2029 school year, the proportion of eligible private provider prekindergarten slots in each county shall continue to constitute at least 50% of eligible prekindergarten provider prekindergarten slots in each county.
The Department shall issue a waiver from the requirements of this section to a county board if:
All families in the county who desire to enroll their eligible children with eligible prekindergarten providers are able to do so; or
After reasonable cross–jurisdictional or regional efforts, there are too few eligible private providers to meet the minimum requirements of this section; and
The county board demonstrates to the Department that it has made a good faith effort to fully embrace the mixed delivery system, including by adopting a memorandum of understanding in accordance with § 7–1A–05 of this subtitle.
The Department may exclude by annual waiver Tier I children who are 3 years old in a county from the calculation under subsection (a) of this section until the 2031–2032 school year.
The Department may exclude by annual waiver Tier I children who are 4 years old in a county from the calculation under subsection (a) of this section until the 2028–2029 school year.
The Department shall establish waiver application procedures to carry out the provisions of this subsection.
Except as provided in paragraphs (2) and (3) of this subsection, all eligible prekindergarten providers shall include structural elements that are evidence–based and nationally recognized as important for ensuring program quality, including:
High staff qualifications, including:
Beginning in the 2027–2028 school year, eligible public provider teachers who, at a minimum, hold:
State certification for teaching in early childhood education; or
A bachelor’s degree in any field and are pursuing residency through the Maryland Approved Alternative Preparation Program, which includes early childhood coursework, clinical practice, and evidence of pedagogical content knowledge;
Beginning in the 2027–2028 school year, eligible public provider teaching assistants who have at least:
A Child Development Associate (CDA) certificate;
An associate’s degree; or
On July 1, 2024, documented experience of actively serving as a teaching assistant in a publicly funded prekindergarten classroom for a minimum of 5 years for at least 20 hours per week and 180 days per year; and
Beginning in the 2025–2026 school year, eligible private provider educators who meet the requirements of the early childhood educator career ladder;
Professional development for all staff;
A student–to–classroom personnel ratio of no more than 10 to 1 in each class;
Class sizes of no more than 20 students per classroom;
A full–day prekindergarten program;
Inclusion of students with disabilities to ensure access to and full participation in all program opportunities;
For at least 1 year before a student’s enrollment in kindergarten, learning environments that:
Are aligned with State Early Learning and Development Standards;
Use evidence–based curricula; and
Use instruction methods that are:
Developmentally appropriate; and
Culturally and linguistically responsive;
Individualized accommodations and supports for all students;
Instructional staff salaries and benefits that are comparable to the salaries and benefits of instructional staff employed by the county board of the county in which the early learning program is located;
Program evaluation to ensure continuous program improvement;
On–site or accessible comprehensive services for students;
Community partnerships that promote access to comprehensive services for families of students; and
Evidence–based health and safety standards.
An eligible prekindergarten provider that is a Montessori school or Montessori program shall include all of the structural elements listed in paragraph (1) of this subsection except the following:
For staff qualifications, the eligible prekindergarten provider shall employ teachers who:
Hold a bachelor’s degree in any field; and
Hold a Montessori credential issued by:
The Association Montessori Internationale;
The American Montessori Society; or
A program accredited by the Montessori Accreditation Council for Teacher Education; and
For the student–to–classroom personnel ratio, the prekindergarten provider shall maintain a student–to–classroom personnel ratio of:
No more than 10 to 1, with a maximum of 20 students per classroom if all of the students are under the age of 5 years; and
No more than 14 to 1, with a maximum of 28 students per classroom if some of the students are at least 5 years old.
For an eligible prekindergarten provider in the Ulysses Currie Head Start Program under § 5–231 of this article, if a structural element listed in paragraph (1) of this subsection conflicts with a federal requirement for the Ulysses Currie Head Start Program, a prekindergarten provider in the Ulysses Currie Head Start Program shall follow the federal requirements and is exempt from the conflicting structural element.
In addition to the requirements listed in subsection (a) of this section, an eligible prekindergarten provider shall:
If the provider is an eligible private provider, achieve a quality rating level of 3 in the Maryland EXCELS program and publish that quality rating in a publicly available manner, determined by the Department;
If the provider is an eligible public provider, achieve a quality rating level of 4 in the Maryland EXCELS program and publish that quality rating in a publicly available manner, determined by the Department;
Submit to the Department a plan to achieve a quality rating level 5 in the Maryland EXCELS program within 5 years after becoming an eligible prekindergarten provider;
Achieve in accordance with the plan a quality rating level 5 in the Maryland EXCELS program within 5 years after becoming an eligible prekindergarten provider and publish that quality rating in a publicly available manner, determined by the Department; and
Except as otherwise provided in § 7–1A–07 of this subtitle, be open for pupil attendance in accordance with § 7–103 of this title.
An eligible prekindergarten provider may not engage in explicitly religious activities during school hours.
If an eligible prekindergarten provider engages in an explicitly religious activity, the activity shall be:
Separate in time and location from any instruction offered by the eligible prekindergarten provider; and
Voluntary.
An eligible prekindergarten provider shall make reasonable efforts to make the areas where prekindergarten children spend time during school hours as nonsectarian as possible.
An eligible prekindergarten provider may not be required to adopt any rule, regulation, or policy that conflicts with its religious or moral teachings.
An eligible prekindergarten provider shall comply with Title VI of the Civil Rights Act of 1964, as amended, Title 20, Subtitle 6 of the State Government Article, and not discriminate in student admissions, retention, or expulsion or otherwise discriminate against any student or parent of a student on the basis of race, color, national origin, disability, sexual orientation, or gender identity or expression.
If a student has a disability, placement of the student shall be based on where the student will be best served.
An eligible prekindergarten provider found to have violated the nondiscrimination requirements under this section:
May not continue to be an eligible prekindergarten provider; and
Shall reimburse the Department all public funds provided under this subtitle minus any amount received from the child care scholarship program.
Except as provided in § 7–305.1 of this title, an eligible prekindergarten provider may not suspend or expel a child who is enrolled in a prekindergarten program.
Each county board shall enter into a memorandum of understanding with the Department, each eligible private provider participating in publicly funded prekindergarten in the county, and other applicable government agencies.
Before executing a memorandum of understanding under this section, each county board shall submit an implementation plan of the proposed memorandum of understanding to the Accountability and Implementation Board in accordance with § 5–404 of this article.
The Department shall develop a model memorandum of understanding for use by county boards of education in fulfilling the requirements under this section.
Each memorandum of understanding shall, at a minimum, provide for:
The adoption of an early childhood educator career ladder by eligible private providers in accordance with § 7–1A–08 of this subtitle;
Services for children with disabilities;
A process by which a parent is able to indicate a preference for eligible prekindergarten providers;
The manner for processing the payment of the State share, local share, and family share for each child who is enrolled with an eligible prekindergarten provider;
Any agreed upon administrative costs to be retained by an agency that is party to the agreement;
The manner in which the parties will meet the requirements of this subtitle;
A plan to address racial and socioeconomic integration in prekindergarten classrooms;
A method for the county board to distribute a list of eligible public and private providers in the same area with a parent interested in enrolling the parent’s child in a prekindergarten program;
Facilitation of peer–to–peer eligible prekindergarten provider meetings, through a prekindergarten provider hub if one is established in the area, in which eligible prekindergarten providers are able to share best practices in the field; and
Any other provisions necessary to carry out this subtitle.
A memorandum of understanding under this section shall seek to avoid, to the extent practicable, a disproportionate concentration of students of the same race, ethnicity, disability status, and income within an eligible provider.
Beginning in the 2022–2023 school year, Tier I children who are 3 or 4 years old may be enrolled in a full–day prekindergarten program under this subtitle.
For the 2023–2024 through 2025–2026 school years, children who are 3 or 4 years old may enroll in a full–day prekindergarten program under this subtitle if the children are:
Children whose family income is more than 300% but not more than 600% of the federal poverty level; and
Children with disabilities; or
Children from homes in which English is not the primary spoken language.
For the 2023–2024 through 2025–2026 school years only, children described under subparagraph (i) of this paragraph shall be counted as Tier I children for purposes of funding allocated under § 5–229 of this article.
The proportion of enrolled Tier I children who are 3 years old shall increase annually until all Tier I children who are 3 years old are enrolled in a full–day prekindergarten program.
The proportion of enrolled Tier I children who are 4 years old shall increase annually so that all Tier I children who are 4 years old shall be enrolled in a full–day prekindergarten program.
Beginning in the 2025–2026 school year, Tier II children not described under subsection (a)(2)(i) of this section may be enrolled in a full–day prekindergarten program if space is available to encourage socioeconomic diversity in prekindergarten classrooms.
Priority in expanding prekindergarten slots shall be provided to 3– and 4–year olds who are:
Tier I children;
Children with disabilities, regardless of income; or
Children from homes in which English is not the primary spoken language.
The ability of a family to choose the prekindergarten provider in which to enroll their child does not supersede local authority to set school attendance boundaries.
The Interagency Commission on School Construction shall prioritize public school construction funding requests for high quality prekindergarten classrooms.
The Interagency Commission on School Construction shall consider the availability of private eligible prekindergarten providers when determining priorities under paragraph (1) of this subsection.
A county board may partner with the State or the county government to address physical space constraints for eligible prekindergarten providers by utilizing existing available space at a location that is not an eligible prekindergarten provider including:
Senior care facilities; or
Community centers.
A county board may apply for funding from the capital improvement program for assistance on renovations to public facilities leased as eligible public prekindergarten programs.
The management of public facilities leased under this subsection shall be the responsibility of the building owner and not the county board.
On or before July 1, 2025, the Department shall establish an early childhood educator career ladder for eligible private providers.
The early childhood educator career ladder is for teachers and assistant teachers employed by eligible private providers.
The purpose of the early childhood educator career ladder is to:
Transform early childhood education teaching into a high–status profession in the State;
Attract high–performing students to pursue the high–status early childhood education teaching profession; and
Retain high–quality early childhood education teachers who gain additional responsibility, authority, status, and compensation as they gain additional expertise.
The early childhood educator career ladder shall:
Adequately compensate early childhood educators for their work;
Provide early childhood educators with the opportunity to identify and work with prekindergarten teachers and teaching assistants;
Provide early childhood educators the opportunity to develop their skills and knowledge by participating in job–embedded professional development; and
Compensate early childhood educators at greater rates as they advance to the next level of the career ladder.
The levels of the career ladder are as follows:
Level one is an early childhood teaching assistant;
Level two is a prekindergarten lead teacher; and
Level three is an early childhood consulting teacher.
In order to qualify as an early childhood teaching assistant, an educator shall:
Hold a high school diploma; and
On or before July 1, 2027:
Earn and maintain a Child Development Associate (CDA) with a preschool designation; or
Hold an associate degree in early childhood education or child development;
Have documented experience of actively providing services in early childhood education for a minimum of 15 years for at least:
20 hours per week; and
180 days per year; or
Hold a high school diploma; and
Within 3 months after being hired as an early childhood teaching assistant:
Earn and maintain a Child Development Associate (CDA) with a preschool designation; or
Hold an associate degree in early childhood education or child development.
Subject to subparagraph (ii) of this paragraph, in order to qualify as a prekindergarten lead teacher, an educator shall:
Hold at least a bachelor’s degree in early childhood education, child development, or a related field from an institution of higher education accredited by an institutional accrediting association recognized by the U.S. Department of Education;
Hold at least a bachelor’s degree in early childhood education, child development, or a related field from an institution of higher education in another country; and
Have the degree under item A of this item verified as comparable to a bachelor’s degree granted by an accredited institution of higher education in the United States by an independent agency authorized to analyze foreign credentials selected by the Department;
Hold a bachelor’s degree in a field unrelated to early childhood education from an institution of higher education accredited by an institutional accrediting association approved by the U.S. Department of Education; or
Subject to subparagraph (iii) of this paragraph, have documented experience of actively providing services in early childhood education for a minimum of 10 years for at least:
20 hours per week; and
180 days per year.
In order to qualify as a prekindergarten lead teacher through any pathway other than the pathway described under subparagraph (i)1 of this paragraph, an educator must achieve a minimum score on the Classroom Assessment Scoring System (CLASS) assessment as set by the Department in addition to the requirements listed under subparagraph (i) of this paragraph.
A prekindergarten lead teacher who qualifies through the pathway described under subparagraph (i)4 of this paragraph shall earn an associate degree in early childhood education:
On or before July 1, 2030, if the teacher qualified through the pathway on or before July 1, 2024; or
Within 6 months after qualifying as a lead teacher, if the teacher qualified through the pathway after July 1, 2024.
Teachers from level three of the career ladder shall mentor and provide professional support to a prekindergarten lead teacher described under this subparagraph to ensure that the teacher earns a degree within the required amount of time.
In order to maintain status as a prekindergarten lead teacher, each year a lead teacher shall complete at least 20 working hours of professional learning and development in:
Early childhood instruction;
Developmentally appropriate practice; and
Any other professional skill areas the Department determines are valuable.
In order to qualify as an early childhood consulting teacher, an educator shall:
Be a prekindergarten lead teacher in good standing;
Beginning in the 2027–2028 school year, hold early childhood education certification or be pursuing certification;
Be able to lead other early childhood educators in an effective and disciplined way to improve the curriculum and instruction of prekindergarten students;
Demonstrate the skills and knowledge to mentor early childhood assistant teachers and new prekindergarten lead teachers, including by helping them to meet the educational and certification qualifications necessary to qualify for and maintain status on the career ladder; and
Supervise and support prekindergarten lead teachers, if practicable through prekindergarten provider hubs, in one or more sites in order to improve developmentally appropriate instructional practices for prekindergarten students.
The Department shall establish prekindergarten provider hubs in centralized and diverse locations throughout the State.
Prekindergarten provider hubs shall be designed to help bring as many providers into the State’s mixed prekindergarten delivery system as possible.
Prekindergarten provider hubs shall form partnerships between:
Early childhood educators on the early childhood educator career ladder;
Child care centers licensed under Title 9.5, Subtitle 4 of this article;
Family child care homes or large family child care homes registered under Title 9.5, Subtitle 3 of this article; and
Any other entities that the Department determines will aid in bringing eligible children into the State’s mixed delivery system.
Prekindergarten provider hubs shall coordinate support among entities that serve children and their families to ensure that the maximum number of eligible children are able to be placed in a prekindergarten slot.
The Department shall establish a program to aid eligible prekindergarten providers in meeting the requirements of this subtitle.
The program shall provide to eligible private providers:
Information on professional development opportunities for teachers and teaching assistants;
Technical support for meeting requirements to enroll in child care support programs; and
Assistance with implementing early childhood curriculum standards.
To the extent practicable, the Department shall provide programmatic support in accordance with this subsection through prekindergarten provider hubs.
The Department shall publish a list of eligible private providers in each local school system on its website and distribute the list to the following entities and organizations located within the areas in which the eligible private providers are located:
A local office of economic development;
The Maryland Small Business Development Center;
A local management board;
A local workforce development board; and
A local office supporting minority and women–owned businesses.
An entity or organization listed under paragraph (1) of this subsection shall, if applicable, assist a private prekindergarten provider in its jurisdiction with:
Enrolling in business support services for which the provider qualifies; and
Adopting a business plan to help the provider meet the requirements of this subtitle.
To the extent practicable, organizations listed under paragraph (1) of this subsection shall work with prekindergarten provider hubs to provide support.
The Department shall publicize the availability of publicly funded prekindergarten programs to the public.
On or before December 1, 2021, and each December 1 thereafter, each county board shall submit the following information, disaggregated by eligible private and eligible public providers, to the Department and the Accountability and Implementation Board established under Title 5, Subtitle 4 of this article:
The number of eligible prekindergarten providers in the county;
The number of eligible prekindergarten providers in the county that, in the immediately preceding calendar year, expanded to offer prekindergarten programs that are open for pupil attendance a minimum of 6.5 hours during each school day;
The Maryland EXCELS program quality rating level of each eligible prekindergarten provider in the county;
The participation rate of all county 3– and 4–year olds in eligible prekindergarten providers established or expanded in accordance with this subtitle, disaggregated by age and tier, if applicable;
The number and proportion of eligible prekindergarten providers in the county that are eligible private providers;
A measure of school readiness in accordance with § 7–210 of this title; and
A demonstration that the expansion of prekindergarten programs in the county gave priority to:
Children in areas with limited or no access to quality child care, regardless of family income;
Tier I children; and
Students with disabilities, regardless of family income.
The Department shall adopt regulations to carry out the provisions of this subtitle.
The State Board shall develop and implement a program to be administered by the county boards in which each student who enters his first year in any primary grade in a public school is evaluated to identify any learning disability regardless of cause.
The State Board shall provide guidance and coordinate the development and implementation of educational programs based on the needs of disabled students in the public schools.
The State Board shall require a minimum level of reading ability for each grade 2 through 12 that rises for each succeeding grade.
If a county board, based on local assessment of student progress and in conjunction with the Maryland education accountability program, finds that a student in grade 3, 7, or 9 through 11 who is not moderately, severely, or profoundly intellectually limited has not met either a minimum grade level competency or the minimum reading level as required by the State Board for the previous grade, the student shall be:
Kept in the current grade; or
Enrolled in an appropriate reading assistance program as part of his instructional program.
The provisions of this section may not be the sole reason for withholding grade advancement more than once in grades 2 through 7.
The State Board shall adopt bylaws to implement this section.
In this section the following words have the meanings indicated.
“Content standards” means the statements for the program of instruction that describe the knowledge and skills students are expected to attain for each content area and grade level.
“Curriculum resources” means guidance documents and frameworks used by a county board to develop curricula to implement content standards.
“Curriculum standards” means the statements that outline approaches to learning for each content area across grade levels.
The Department shall, in consultation with experienced and highly effective teachers, including teachers on the career ladder under Title 6, Subtitle 10 of this article, develop content standards, curriculum standards, and curriculum resources for each subject at each grade level, that build on one another in logical sequence, in core subjects that may be used by local school systems and public school teachers.
The purpose of the curriculum standards and curriculum resources developed under this section is to provide county boards with technical assistance to inform high–quality instruction that will ultimately result in students meeting the college and career readiness standards in the manner described under § 7–205.1 of this subtitle.
The curriculum resources developed under this section shall include, for each core subject at each grade level:
Course syllabi;
Sample lessons for teachers to use as models;
Examples of student work that meet standards for proficiency;
Explanations of why student work examples meet proficiency standards so that teachers know what student knowledge is required; and
Curriculum units aligned with the course syllabi.
In developing the curriculum resources under this subsection, the Department:
May use as a model a course or unit developed by a teacher in or out of the State; but
Shall review each model course and unit for quality, using accepted benchmarks such as approval by EdReports or Tier 1 and Tier 2 evidence–based standards established by the federal Every Student Succeeds Act.
The Department shall compile curriculum units in such a manner that:
Complete courses are formed; and
When taken by a student in sequence, the student can achieve the college and career readiness standard adopted under § 7–205.1 of this subtitle by the end of grade 10.
The Department shall submit curriculum resources and curriculum standards developed under this section to the State Board for adoption.
The State Board shall establish a system of assessments to ensure that students are acquiring the knowledge contained in the curriculum standards in English, Mathematics, Science, and History or Social Studies.
Using the assessments established under subsection (e) of this section, the Department shall identify low–performing schools.
An Expert Review Team established under § 5–411 of this article, under the supervision of the Department, shall visit schools identified under paragraph (1) of this subsection according to the criteria established under § 5–411 of this article.
If the Department, based on a recommendation of an Expert Review Team, determines that a school’s low performance on assessments is, largely, due to curricular problems, the school shall adopt the curriculum resources developed under this section.
Except as provided in paragraph (3) of this subsection, this section does not require a public school or county board to adopt the Department’s curriculum standards and curriculum resources and may not be construed to restrict a county board’s authority to adopt curricula under § 4–111 of this article.
The State Board, the State Superintendent, each county board, and each public school shall implement a program of education accountability for the operation and management of the public schools.
A Consolidated State Plan to improve student outcomes submitted by the Department to the United States Department of Education under the federal Elementary and Secondary Education Act shall comply with the requirements of this subtitle.
In this subsection, “grade band assessment” means one assessment of a middle school student’s knowledge in a core academic subject area during grades 6 through 8.
The education accountability program shall include the following:
The State Board and the State Superintendent shall assist each county board to establish educational goals and objectives that conform with statewide educational objectives for subject areas including reading, writing, mathematics, science, and social studies;
With the assistance of its county board, each public school shall survey current student achievement in reading, language, mathematics, science, social studies, and other areas to assess its needs;
The State Board and the State Superintendent shall implement assessment programs in reading, language, mathematics, science, and social studies that include written responses;
The assessment program required in this subsection shall:
Provide information needed to improve public schools by enhancing the learning gains of students and academic mastery of the skills and knowledge set forth in the State’s adopted curricula or common core curricula;
Inform the public annually of the educational progress made at the school, local school system, and State levels; and
Provide timely feedback to schools and teachers for the purposes of adapting the instructional program and making placement decisions for students; and
The following assessments shall be implemented and administered annually:
At the middle school level, a statewide, comprehensive, grade band assessment program that measures the learning gains of each public school student towards achieving mastery of the standards set forth in the common core curricula or the State’s adopted curricula for the core content areas of reading, language, mathematics, science, and social studies; and
At the high school level, a statewide, standardized, end–of–course assessment that is aligned with and that measures each public school student’s skills and knowledge of the State’s adopted curricula for the core content areas of reading, language, mathematics, science, and social studies;
Each public school shall establish as the basis for its assessment of its needs, project goals and objectives that are in keeping with the goals and objectives established by its county board and the State Board;
With the assistance of its county board, the State Board, and the State Superintendent, each public school shall develop programs to meet its needs on the basis of the priorities it sets;
Evaluation programs shall be developed at the same time to determine if the goals and objectives are being met; and
A reevaluation of programs, goals, and objectives shall be undertaken regularly.
The State Board shall determine whether the assessments required under paragraph (2)(iii)3 of this subsection adequately measure the skills and knowledge set forth in the State’s adopted curricula for the core content areas of reading, language, mathematics, science, and social studies.
If the State Board makes a determination under subparagraph (i) of this paragraph that an assessment does not adequately measure the skills and knowledge set forth in the State’s adopted curricula for a core content area, the State Board shall develop a State–specific assessment in that core content area to be implemented in the 2018–2019 school year.
At the middle school level, the State Board shall develop, in collaboration with county boards, county curriculum specialists in social studies, middle school social studies teachers, and academics with expertise in social studies education, a social studies assessment that:
Consists, to the greatest extent possible, of criterion–referenced, performance–based tasks that require students to utilize critical and historical thinking skills and analyze primary sources;
Shall be administered, to the greatest extent possible, within existing class periods; and
Shall be implemented in the 2019–2020 school year.
At the high school level, when the Department’s contract for the current high school social studies assessment expires, the State Board shall, in collaboration with county boards, county curriculum specialists in social studies, high school social studies teachers, and academics with expertise in social studies education, redesign the high school level social studies assessment to:
Consist, to the greatest extent possible, of criterion–referenced, performance–based tasks that require students to utilize critical and historical thinking skills and analyze primary sources;
Be administered, to the greatest extent possible, within existing class periods; and
Be implemented in the 2018–2019 school year, and each year thereafter.
National standardized testing may not be the only measure for evaluating educational accountability.
An educational accountability program shall include at least three school quality indicators that measure the comparative opportunities provided to students or the level of student success in public schools.
One of the school quality indicators under subparagraph (i) of this paragraph shall be school climate surveys.
The school climate surveys shall include at least one question to educators regarding the receipt of critical instructional feedback.
Other school quality indicators may include:
Class size;
Case load;
Opportunities for:
Advanced Placement courses and International Baccalaureate Programs;
Career and Technology Education Programs; and
Dual enrollment;
Chronic absenteeism;
Data on discipline and restorative practices;
School staffing measures; and
Completion of well–rounded curriculum measures that are indicative of on–track progress at key transition points within elementary and secondary education.
Except for the completion of well–rounded curriculum measures, the school quality indicators used in subparagraph (i) of this paragraph may not be based on student testing.
The State Board shall establish a composite score that provides for meaningful differentiation of schools under the school accountability system.
The composite score established under subsubparagraph 1 of this subparagraph shall:
Include both academic and school quality indicators;
Incorporate a methodology that compares schools that share similar demographic characteristics, including the proportion of economically disadvantaged students, as defined by the State in accordance with federal law; and
Be reported in a manner that states for each score the individual indicator score that is used to calculate the composite score for each school.
The combined total of the academic indicators may not exceed 70% of the composite score.
The composite score:
Shall be calculated numerically in a percentile form;
Shall be reported showing the individual indicators; and
May not be reported using a letter grade model.
No academic indicator may be weighted as less than 10% of the total amount of the composite score.
No school quality indicator described under this paragraph may be weighted as less than 10% of the total amount of the composite score.
No academic indicator of proficiency may be weighted as more than 20% of the composite score.
Subject to this subparagraph, the final weights of the academic and school quality indicators shall be determined by the State Board, with stakeholder input.
When establishing or calculating the State accountability system, indicators established by the State Board may not incorporate, reference, or rely on any teacher evaluation.
The Department shall assist each county board to establish an education accountability program by providing:
Guidelines for development and implementation of the program by the county boards; and
Assistance and coordination where it is needed and requested by the county boards.
The Department shall survey a statewide, representative sample of public schools and public school teachers annually to measure:
The amount of instructional time spent on social studies and science instruction in elementary schools;
The availability and use of appropriate instructional resources and teaching technology in social studies and science classrooms;
The availability and use of appropriate professional development for social studies and science teachers; and
The number of secondary school social studies and science classes that are taught by teachers who are:
Certified in the subject being taught; and
Not certified in the subject being taught.
The Department shall:
Compile the results of the survey conducted under paragraph (1) of this subsection; and
Publish the results on the Department’s website.
On or before March 1 each year, the State Superintendent shall send the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly a report that includes:
Documentation of the progress of the Department, the county boards, and each public school in this State towards their respective goals and objectives; and
Recommendations for legislation that the State Board and the State Superintendent consider necessary to improve the quality of education in this State.
On the recommendation of the State Superintendent, the State Board shall include in its annual budget request the funds it considers necessary to carry out the provisions of this section.
In this subsection, “assessment” means a federal, State, or locally mandated test that is intended to measure a student’s academic readiness, learning progress, and skill acquisition.
“Assessment” does not include:
A teacher–developed quiz or test; or
A sampling test that is not administered to all students.
On or before August 1, 2017, and each August 1 thereafter in an odd–numbered year, a county board and the exclusive employee representative for teachers for that local school system shall meet and confer regarding:
A rubric for evaluating local assessments;
The time required to administer each local assessment; and
The purpose of each local assessment.
Beginning on or after January 1, 2018, and each January 1 thereafter in an even–numbered year, a county board shall establish a District Committee on Assessments that includes administrators, parents, and teachers selected by the exclusive bargaining unit to advise and make recommendations in the following areas:
The time required to administer each assessment;
The duplicativeness of assessments;
The purpose of assessments;
The value of feedback provided to educators; and
The timeliness of results.
On or before June 1, 2019, and each June 1 thereafter in an odd–numbered year, the District Committee on Assessments shall submit the Committee’s recommendations to the county board and exclusive employee representative for teachers for that local school system.
Subject to subparagraph (iv) of this paragraph, on or before December 1, 2017, and each December 1 thereafter in an odd–numbered year, a county board and the exclusive employee representative for that local school system shall mutually agree to the amount of time in the aggregate that shall be devoted to federal, State, or locally mandated assessments, on a grade–by–grade basis, for the following year.
Subject to subparagraph (v) of this paragraph, if a county board and the exclusive employee representative fail to mutually agree under subparagraph (iii) of this paragraph, the amount of time in the aggregate that shall be devoted to federal, State, or locally mandated assessments shall be no more than 2.2% of the minimum required annual instructional hours in accordance with § 7–103 of this title.
If a county board and the exclusive employee representative fail to mutually agree under subparagraph (iii) of this paragraph, the amount of time in the aggregate that shall be devoted to federal, State, or locally mandated assessments in the eighth grade shall be no more than 2.3% of the minimum required annual instructional hours in accordance with § 7–103 of this title.
A student may not be subject to the requirement under paragraph (2) of this subsection if the student participates in:
An advanced placement or international baccalaureate program; or
The Scholastic Aptitude Test (SAT), if administered during the regular school day.
Time devoted to teacher–selected classroom quizzes, exams, portfolio reviews, or performance assessments may not be counted toward the requirement under paragraph (2) of this subsection.
This subsection may not be construed to include the requirements of:
A student’s 504 plan;
The federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq.; or
Federal law relating to English language learners.
This subsection may not be construed to supersede the requirements of the federal Elementary and Secondary Education Act, 20 U.S.C. § 6301, et seq.
For fiscal years 2003 and 2004, the Department shall distribute grants to Tier I counties, as defined in § 1–101 of the Economic Development Article, for the administration of the Preliminary Scholastic Aptitude Test to 10th grade students.
For fiscal year 2005 and each subsequent fiscal year, the Department shall distribute grants to each county for the administration of the Preliminary Scholastic Aptitude Test to 10th grade students.
Subject to the availability of funding in the State budget, the amount of each county’s grant shall be in an amount sufficient for the administration of the test to all 10th grade students in the county.
In this section the following words have the meanings indicated.
“Four–year adjusted cohort” means a group of students who are entering the ninth grade for the first time from a cohort that is subsequently adjusted by adding any students who transfer into the cohort later during the ninth grade and the next three years and subtracting any students who transfer out, emigrate to another country, or die during that same period.
“Four–year adjusted cohort” also includes students retained in grade and only counted once as members of their original cohort.
“Graduation rate” means the percentage obtained from applying the graduation rate formula.
“Graduation rate formula” means the number of students who graduate on time with a Maryland high school diploma divided by the number of students in the four–year adjusted cohort.
“Graduation rate formula” does not include students who graduate on time with a GED or other certificate not aligned with State standards.
“On time” means on or before the conclusion of a four–year adjusted cohort’s fourth year of high school.
“On time” includes a senior summer session in a jurisdiction that offers senior summer sessions.
“Transfer out” means a student who the county board confirms, via written documentation, has enrolled in another high school or other educational program from which that student is expected to receive a Maryland high school diploma.
“Transfer out” does not include a student enrolled in:
A GED program; or
An alternative education program that does not issue or provide credits toward a Maryland high school diploma.
The purpose of this section is to:
Initiate a process by which the State may achieve the goal of collecting, maintaining, analyzing, and publicly reporting data relating to the graduation rates of students in public high schools as an essential step in addressing gaps in educational achievement among a diverse student population; and
Explicitly delineate the duties and responsibilities of the Department and the county boards in this regard.
Beginning on or before September 1, 2011, and each year thereafter, a county board shall:
Collect, maintain, and analyze graduation rates for public schools, local school systems, and the State; and
Report the information required under item (i) of this paragraph to the public and the Department in the aggregate and disaggregated by:
Hispanic or Latino of any race;
For individuals who are nonHispanic or nonLatino only:
American Indian or Alaska Native;
Asian;
Black or African American;
Native Hawaiian or other Pacific Islander;
White; or
Two or more races;
Students who are limited English proficient;
Students who receive free and reduced price meals; and
Students who receive special education services.
Beginning on or before October 1, 2011, and each year thereafter, the Department shall:
Compile the information received under paragraph (1) of this subsection and calculate a graduation rate for the State; and
Post the information obtained under this subsection for each county on its website in the aggregate and disaggregated by:
Hispanic or Latino of any race;
For individuals who are nonHispanic or nonLatino only:
American Indian or Alaska Native;
Asian;
Black or African American;
Native Hawaiian or other Pacific Islander;
White; or
Two or more races;
Students who are limited English proficient;
Students who receive free and reduced price meals; and
Students who receive special education services.
The county boards and the Department may develop and implement additional indicators to collect, maintain, analyze, and publicly report data regarding alternative high school completions.
The Department shall ensure that the information collected under paragraph (1) of this subsection is comparable for public schools and local school systems in the State.
The Department shall:
Implement training for administrators and other personnel responsible for collecting, maintaining, analyzing, and publicly reporting data regarding four–year adjusted cohorts and graduation rates;
Implement a standard process for verifying the accuracy of data including:
Statistical checks and analyses; and
On–site audits of record–keeping procedures;
Implement a public awareness campaign including outreach to civic associations, community–based groups, and parent organizations and the solicitation of suggestions and community support regarding the need for collecting, maintaining, analyzing, and publicly reporting accurate data regarding four–year adjusted cohorts and graduation rates;
Provide technical support to the county boards with collecting, maintaining, analyzing, and publicly reporting graduation rate data; and
Serve as a central repository for this data.
In this section, “assessment” means a locally, State, or federally mandated test that is intended to measure a student’s academic readiness, learning progress, and skill acquisition.
“Assessment” does not include a teacher–developed quiz or test.
This section does not apply to an assessment or test given to a student relating to:
A student’s 504 plan;
The federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400; or
Federal law relating to English language learners.
Subject to paragraph (2) of this subsection, unless a multistate assessment consortium in which the State participates requires certificated education professionals to administer an assessment, the principal of a public school may select any employee to administer an assessment.
The local superintendent shall review and approve the principal’s selection under paragraph (1) of this subsection before the assessment is administered.
For each assessment administered in a local school system, each county board shall provide the following information:
The title of the assessment;
The purpose of the assessment;
Whether the assessment is mandated by a local, State, or federal entity;
The grade level or subject area, as appropriate, to which the test is administered;
The testing window of the assessment; and
Whether accommodations are available for students with special needs and what the accommodations are.
On or before October 15 of each year, the information required under subsection (d) of this section shall be:
Updated;
Posted on the website of the county board; and
Included in the annual update of the county board’s master plan required under § 5–401 of this article.
For each public school identified by the Department for comprehensive support and improvement, the county board shall develop and implement a Comprehensive Support and Improvement Plan to improve student outcomes at the school.
The plan developed under paragraph (1) of this subsection shall:
Be developed in consultation with principals, parents, local community leaders, local employer leaders, local government leaders, teachers, school staff, and the exclusive bargaining representative;
Include the school quality indicators described under § 7–203(c) of this subtitle;
Include evidence–based interventions;
Be based on school–level needs assessments; and
Identify resource inequities and budgetary needs.
The school, county board, and the Department shall approve the plan.
The Department shall monitor and annually review the plan.
For each public school identified by the Department for targeted support and improvement, the school shall develop and implement a Targeted Support and Improvement Plan to improve student outcomes at the school.
The plan developed under paragraph (1) of this subsection shall meet the requirements of subsection (a)(2) of this section.
The county board shall monitor and annually review the plan.
Plans developed under subsections (a)(1) and (b)(1) of this section shall be implemented in compliance with existing collective bargaining agreements between the county board and the exclusive bargaining representative.
The Department shall distribute federal funds for the implementation of plans developed under subsections (a)(1) and (b)(1) of this section based on a formula and driven by the identified needs of each school identified by the Department.
After a 2–year period from the date of a plan’s implementation under subsections (a)(1) and (b)(1) of this section, if a county board determines that student outcomes have not improved at a public school, the county board shall consult with the school to develop additional strategies and interventions including funding, community supports, and grants provided in the Public School Opportunities Enhancement Program.
Notwithstanding any law, regulation, or executive order, a plan under this section may include a lengthening of the school year beyond 180 days or any other limitation.
Nothing in this subsection shall be construed to authorize the Department to require a county board to implement a specific intervention strategy.
After a 3–year period from the date of a plan’s implementation under subsections (a)(1) and (b)(1) of this section, if the Department determines that student outcomes have not improved at a public school and intervention is necessary, the Department shall collaborate with the county board in determining the appropriate intervention strategy, subject to existing collective bargaining agreements between the county board and the exclusive bargaining representative.
An intervention strategy determined under paragraph (1) of this subsection may not include:
Creating a State–run school district;
Creating a local school system in addition to the 24 school systems established in this article;
Converting or creating a new public school without local board approval;
Issuing scholarships to public school students to attend nonpublic schools through direct vouchers, tax credit programs, or education savings accounts; and
Contracting with a for–profit company.
A decision of the Department under this subsection is final.
Beginning with students in the 9th grade in the 2021–2022 school year, each school system shall implement a 9th grade tracker system to measure each student’s progress toward graduating on time, including credit accumulation and the number of semester core course failures during the first year of high school for students completing the 9th grade year.
Each county board periodically shall provide a report to the school where the student is enrolled for further academic intervention to allow the student to graduate on time.
On or before September 1, 2022, and each September 1 thereafter, each county board shall report to the Department the data collected under subsection (a) of this section on students in the 9th grade in the immediately preceding school year.
On or before December 1, 2022, and each December 1 thereafter, the Department shall compile and submit a statewide report on information reported under subsection (c) of this section to the Accountability and Implementation Board and the Maryland Longitudinal Data System Center.
In this section the following words have the meanings indicated.
“Criterion-referenced test” means a measuring instrument that meets common standards or criteria including validity, reliability, objectivity, efficiency, and usefulness.
“Measurement” means a procedure for determining quantity.
“Standardized test” means a measuring instrument that:
Is designed to measure important common outcomes of representative courses of study;
Is administered according to specific detailed directions prescribed in a manual;
Is scored by an objective procedure;
Provides norms for comparison of individual scores with representative group scores; and
Provides information needed for judging the value of the test.
“Test” means a method, technique, or instrument that measures the amount, status, or level of progress achieved toward an instructional objective.
“Test objectivity” means a set of conditions leading to standard procedure and interpretation, and the elimination of all elements of personal bias.
“Test reliability” means the consistency with which a test can be trusted to give the same or similar scores or descriptions of behaviors at different times.
“Test validity” means the extent to which an appraisal technique actually measures the element it is designed to measure.
The State Board shall conduct a comprehensive, in-depth assessment of State mandated testing and measurement programs.
The assessment shall include for each State mandated testing or measurement program an evaluation of:
Costs of materials for administering the testing and measurement programs;
The efficiency and effectiveness of the testing and measurement programs;
Administrative procedures and costs associated with the testing and measurement programs;
Allocation of time devoted to testing and measurement; and
Methods for scoring and utilization of test results.
The assessment shall include an analysis of the validity, reliability, and objectivity of all testing and measurement instruments including:
Standardized tests;
Criterion-referenced tests; and
The functional testing program established under § 7-203 of this subtitle.
For any test instrument authorized for use in a State mandated testing and measurement program, the Board shall recommend procedures and standards for determining test validity, test reliability, and test objectivity.
In this section, “homeless youth” has the meaning stated in the McKinney–Vento Homeless Assistance Act.
The promotion of students in a public school and graduation from a public high school shall be in accordance with:
Except as provided in subsection (d) of this section, policies established by the county board; and
The rules and regulations of the State Board.
Each student who graduates from a public high school shall receive the same type of diploma or certificate, regardless of the high school attended or the course taken.
The diploma or certificate shall state that the student has completed a program of studies satisfactorily in accordance with the requirements of the State Board.
Subject to paragraph (2) of this subsection, a county board shall waive all high school graduation requirements, including required coursework, established by the county board that are in addition to the high school graduation requirements established by the State Board for a student in foster care or who is a homeless youth, if the student while in grade 11 or 12 transfers into the local school system from a different local school system in the State.
A county board may not waive the requirements under paragraph (1) of this subsection if the county board makes a finding that the student is reasonably able to complete the county high school graduation requirements in time to graduate from high school while the student remains eligible for foster care benefits.
In this section, “CCR standard” means the college and career readiness standards established under this section.
The State Board shall establish high school curriculum, college and career readiness standards, and graduation requirements for all public schools in accordance with this section.
The State Board shall coordinate and consult with the Maryland Higher Education Commission, the Governor’s Workforce Development Board, the Maryland Association of Community Colleges, and the Accountability and Implementation Board in performing its duties under this subsection.
It is the goal of the State that students enrolled in public school shall meet the CCR standard before the end of the 10th grade and no later than the time the student graduates from high school.
It is the goal of the State that each student enrolled in public school, regardless of the student’s race, ethnicity, gender, address, socioeconomic status, or the language spoken in the student’s home, shall have equitable access to college and career readiness and shall meet the CCR standard at an equal rate.
A student shall meet the CCR standard when the student meets a standard in English language arts, mathematics, and, when practicable, science that enables the student to be successful in entry level credit bearing courses or postsecondary education training at a State community college.
The Blueprint for Maryland’s Future and the CCR standard established under this section are not intended to alter the need for high quality programs and content in fine arts, civics, physical education, and other areas that are necessary to provide a holistic education and enable every student to be well–rounded and meet the CCR standard.
On or before January 1, 2022, the Department shall develop and begin to implement a communication strategy to inform parents, students, educators, and the wider public about the CCR standard developed under this section.
Beginning with the 2021–2022 school year, each student shall be assessed no later than the 10th grade by a method adopted by the State Board to determine whether the student meets the CCR standard required under subsection (c) of this section.
Meeting the CCR standard shall initially require a student to achieve the equivalent of a score of 4 or 5 in the mathematics and English portions of the Partnership for Assessment of Readiness for College and Career grade 10 assessments or the Maryland Comprehensive Assessment Program grade 10 assessments or any successor assessments.
After the empirical study required under paragraph (3) of this subsection is complete, the CCR standard shall reflect the results of that study.
On or before July 1, 2022, the Department, in consultation with the Accountability and Implementation Board, shall contract with a public or private entity to conduct an empirical study of the CCR standard required under this subsection to determine whether that standard adequately meets the CCR standard required under subsection (c) of this section.
An entity with whom the Department contracts under this paragraph shall determine the levels and types of literacy in reading, writing, mathematics, and, when practicable, science, that are needed to succeed in entry–level courses and postsecondary training offered at community colleges in the State.
In performing the study required under this subparagraph, the entity shall:
Examine top–performing educational systems throughout the world, comparing these systems to the education offered in the State; and
Consider potential sources of bias in any proposed assessment and strive to eliminate any potential bias in a proposed CCR modification.
An entity responsible for conducting the study under this paragraph may not be reimbursed for international travel but may be reimbursed for reasonable domestic travel.
On or before September 1, 2023, the entity shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, and the Accountability and Implementation Board on the results of its study and recommendations to modify the CCR standard to align with the literacy standards necessary to be successful in State community colleges and, to the extent applicable, comparable postsecondary institutions in top performing systems.
After the study conducted under paragraph (3) of this subsection is complete, and periodically thereafter, the State Board shall:
Adopt a new CCR standard as required by paragraph (2) of this subsection;
Determine whether the assessments required under paragraph (1) of this subsection are sufficient to determine whether high school students meet the CCR standard, including whether the assessments contain any potential bias; and
If the assessments are not sufficient, adjust the assessments accordingly.
Each county board, in collaboration with the community colleges, shall develop and implement by the 2023–2024 school year a program of study for students who have not met the CCR standard by the end of the 10th grade.
Courses developed under this paragraph shall include applied experiential courses that are highly engaging and focus on the completion of projects and solution of problems as core course components.
Courses under this subsection shall be delivered:
In the 11th and 12th grades to students who have not achieved the CCR standard by the end of the 10th grade; and
Subject to the requirements under paragraph (4) of this subsection, before the 10th grade for a student who is not on track to meet the CCR standard by the end of the 10th grade.
The implementation of the courses required under this subsection:
Shall include an assessment or reassessment of the student after completion of the course;
May not preclude or replace enrollment in a course otherwise required for graduation from high school; and
Subject to subparagraph (ii) of this paragraph, beginning with the 2022–2023 school year, may not preclude enrollment in the initial stages of one or more post–CCR pathways established under subsection (g) of this section, including the opportunity to make progress towards a CTE credential.
When the Accountability and Implementation Board determines that the Blueprint for Maryland’s Future has been fully implemented, post–CCR pathways shall be available only to students who have met the CCR standard, except under limited circumstances determined by the Board.
A middle school or high school student who is not progressing in a manner that would predictably result in the student meeting the CCR standard by the end of the 10th grade shall be enrolled in an extended curriculum with alternative approaches that are tailored to the student’s specific circumstances and needs.
The extended curriculum may include culturally responsive lessons, adjustment in pedagogy, with an emphasis on project–based and problem–based applied learning, and varied instructional timing.
A student may be placed in the extended curriculum for specific subjects.
A student who is close to meeting the CCR standard by the end of the 10th grade may be enrolled in an extended summer curriculum.
A student who is placed in the extended curriculum and makes more progress than expected may be returned to other courses.
Each student who has not met the CCR standard by the end of the 10th grade shall receive an individualized plan designed to prepare the student for success in meeting the CCR standard.
A teacher working with a student under this subsection shall:
Assemble a team of other teachers to monitor the student’s progress;
Meet with the student’s parents or guardians to help plan for the student’s success; and
Work with public and private agencies to provide the student and the student’s family with support necessary to foster the student’s success.
Subject to paragraph (4) of this subsection, beginning in the 2023–2024 school year, each county board shall provide all students who meet the CCR standard required under subsection (c) of this section with access to the following post college and career readiness (post–CCR) pathways, at no cost to the student or the student’s parents, including the cost of any fees:
A competitive entry college preparatory program, chosen by the county board, consisting of:
The International Baccalaureate Diploma Program;
The Cambridge AICE Diploma Program; or
A comparable program consisting of Advanced Placement courses specified by the College Board;
A program that allows a student, through an early college program or dual enrollment at a student’s high school and an institution of higher education to earn:
An associate degree; or
At least 60 credits toward a bachelor’s degree; and
A robust set of career and technology education programs that are adopted by the CTE Committee and that allow students to complete:
A credit or noncredit certificate or license program, course, or sequence of courses, including a program, course, or courses taken through dual enrollment under § 15–127 of this article, at a secondary or postsecondary institution, through an Advanced Placement course at a secondary institution, or through an apprenticeship sponsor that leads to an industry recognized occupational–credential or postsecondary certificate;
A registered apprenticeship program approved by the Division of Workforce Development and Adult Learning within the Maryland Department of Labor; or
A youth apprenticeship program, under Title 18, Subtitle 18 of this article.
Each public high school shall provide access to the programs described under paragraph (1) of this subsection through that public school or through another public school in the county.
Each student who meets the CCR standard required under subsection (c) of this section shall be enrolled in at least one post–CCR pathway described in paragraph (1) of this subsection.
Each student who enrolls in a post–CCR pathway shall remain enrolled in the student’s public high school.
Each public high school shall provide to every student, regardless of whether the student is enrolled in a post–CCR pathway, the full range of services to which the student is entitled, including:
Personal, career, and academic advising; and
Counseling, in accordance with § 7–126 of this title, to help the student choose one or more post–CCR pathways, or courses within a post–CCR pathway, that fits with the student’s educational and career goals.
Priority for counseling and advising services described under subparagraph (iii) of this paragraph shall be given to students who have not met the CCR standard by the end of 10th grade.
Any high school graduation requirements that a student does not meet by the time the student has completed the assessment required under subsection (d) of this section shall be provided within the post–CCR pathway the student chooses.
To phase in expansion of dual enrollment to maximize the number of students who can earn the maximum number of dual enrollment credits consistent with the phased increases in school funding, for fiscal years 2025 through 2030, the State Board and the Accountability and Implementation Board, in consultation with each local school system, may limit the number and types of courses that a student dually enrolled at the student’s public high school and at an institution of higher education may enroll in during the school year at the institution of higher education as part of the post–CCR pathway in accordance with paragraph (1) of this subsection and § 15–127 of this article.
The State Board shall adopt regulations to carry out this subsection.
The regulations shall include standards that:
Guarantee, to the extent practicable, statewide uniformity in the quality of the post–CCR pathways;
Meet the requirements of paragraph (1) of this subsection; and
Require high school graduation credit to be awarded for any programs administered in accordance with this subsection.
Beginning with the 9th grade class of 2014, and subject to paragraph (2) of this subsection and subsection (j) of this section, each student shall enroll in a mathematics course in each year that the student attends high school.
The requirements of this subsection may be achieved under post–CCR pathways.
The Department shall adopt regulations that establish the mathematics and math–related courses that fulfill the requirements of this subsection, which may include math–related career and technical program courses.
It is the goal of the State that:
Subject to item (2) of this subsection, all students achieve mathematics competency in Algebra II; and
After the completion of the study required under subsection (d) of this section, all students achieve mathematics competency in the standard the State Board adopts in response to the study.
A student who is enrolled in a credit–bearing mathematics transition course under subsection (e) of this section:
Subject to item (2) of this subsection, shall be considered to meet the requirements of subsection (h) of this section; and
May not be considered to meet the requirements of subsection (h) of this section if other credit–bearing courses required for graduation have not been met.
The State Board may only require a passing score on a standardized assessment to evaluate a student for graduation from high school after the assessment has been field–tested and piloted for at least 1 year.
The Department shall adopt regulations to require the award of credit toward high school graduation requirements for the time students spend participating in post–CCR pathways under subsection (h) of this section.
The Department’s regulations shall include high school credit towards the high school graduation requirements for any college courses that are approved by the Department.
In this section the following words have the meanings indicated.
“Automated external defibrillator” has the meaning stated in § 13–517 of this article.
“Psychomotor skills” means the use of hands–on practicing to support cognitive learning.
Beginning with students entering grade 9 in the 2015–2016 school year, a student shall complete, as part of the health or physical education curriculum, instruction in cardiopulmonary resuscitation that includes hands–only cardiopulmonary resuscitation and the use of an automated external defibrillator.
Beginning in the 2015–2016 school year, each county board shall provide, as part of the health or physical education curriculum, instruction in cardiopulmonary resuscitation that includes hands–only cardiopulmonary resuscitation and the use of an automated external defibrillator in every public school that enrolls students in any of the grades 9 through 12 in the county.
The instruction required under subsections (b) and (c) of this section shall:
Use an instructional program that is:
Developed by the American Heart Association or the American Red Cross; or
Approved by the Department and the county board and is nationally recognized and based on the most current national evidence–based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator; and
Incorporate the psychomotor skills necessary to perform cardiopulmonary resuscitation and to use an automated external defibrillator.
If the instruction required under subsections (b) and (c) of this section is offered for certification, the course must be conducted by an individual who is certified by the American Heart Association, the American Red Cross, or a similar nationally recognized entity as an instructor of cardiopulmonary resuscitation and the use of an automated external defibrillator.
If the instruction required under subsections (b) and (c) of this section is not offered for certification, a teacher who is not a certified instructor of cardiopulmonary resuscitation and the use of an automated external defibrillator may facilitate, provide, or oversee the instruction.
The Department shall develop a process to monitor the implementation of the requirements established under this section.
Notwithstanding any other provision of law, a county board may award credit to a high school student toward a high school diploma or a postsecondary credential, or both, for the work–based training and classroom instruction completed under a registered apprenticeship program.
An individual honorably discharged from military service may apply to obtain a high school diploma if the individual withdrew from a regular full–time public or private high school accredited by the State Board to enlist in the armed forces during:
World War II;
The Korean Conflict; or
The Vietnam Conflict.
To obtain a high school diploma under subsection (a) of this section, the individual shall apply to the county board in the county where the individual resides or where the school from which the individual withdrew was located.
Each county board shall adopt rules and regulations to establish procedures for awarding diplomas under this section.
There is a program of State Merit Scholastic Awards.
The awards shall be issued annually by the Governor.
On or before April 1 of each year, the principal of each senior high school shall present to the Governor a list of nominees for a State Merit Scholastic Award.
The list shall consist of the names of the top 5 percent of the students in the graduating class.
Each nominee shall be recommended for scholastic achievement.
The Governor shall issue to each student nominated for the award an appropriate certificate that recognizes the excellence of scholastic achievement of the student.
In this section the following words have the meanings indicated.
“Eligible student” means a student who attends a public high school that participates in the Maryland Seal of Biliteracy Program.
“Foreign language” means a language other than English.
“Foreign language” includes American Sign Language and any Native American language.
“Program” means the Maryland Seal of Biliteracy Program.
There is a Maryland Seal of Biliteracy Program that recognizes public high school graduates in the State who have attained proficiency in speaking, reading, and writing in one or more languages in addition to English.
The purpose of the Program is to promote linguistic proficiency and cultural literacy in one or more languages in addition to English and to provide recognition of the attainment of those skills by affixing a Seal of Biliteracy to the student’s diploma or transcript at graduation, at no cost to the student.
Participation in the Program by a local school system is voluntary.
If a local school system chooses to participate in the Program, an individual school may not opt out of participation in the Program.
Beginning with the graduating class of 2017, each eligible student who meets the criteria and requirements established by the State Board in accordance with subsection (f)(1) of this section shall receive a Seal of Biliteracy.
A Seal of Biliteracy shall be affixed to the student’s diploma or transcript at graduation.
On or before October 1, 2016, the State Board shall:
Establish criteria and requirements a student must meet to receive a Seal of Biliteracy; and
Provide information to each local school system regarding how to participate in and how to implement the Program.
A local school system participating in the Program shall:
Maintain records necessary for determining a student’s eligibility for a Seal of Biliteracy; and
Affix a Seal of Biliteracy to the diploma or transcript of every eligible student meeting the criteria and requirements established by the State Board in accordance with subsection (f)(1) of this section.
The State Board shall adopt regulations to carry out this section.
Beginning in the 2022–2023 school year, a racially and culturally unbiased statewide kindergarten assessment that is administered with the purpose of measuring school readiness to be used for diagnostic purposes, curriculum development, and early detection of learning challenges shall be given to all incoming kindergarten students in the State and:
May include an evaluation of:
Language and literacy skills;
Academic knowledge in mathematics, science, and social studies;
Physical development; and
Social development; and
Shall be completed on or before October 10 with the aggregate results returned within 45 days after administration of the assessment.
Except as provided in paragraph (2) of this subsection, a statewide kindergarten assessment may not be administered to an enrolled prekindergarten student.
A statewide kindergarten assessment or early learning assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school–based professional who intends to use the results in order to identify a disability.
Subject to subsection (d) of this section, a county board:
Is encouraged to administer a portion of the assessment to students in the county during the summer months before kindergarten begins; and
May administer the remaining portion of the assessment during the school year.
Before administering the early learning assessment, a county board shall consult with kindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.
The assessment in this section shall be the sole diagnostic assessment for measuring school readiness.
The Department shall adopt regulations to implement the requirements of this section.
A local school system may not charge a student a fee for enrollment in a summer school course if:
The student attends a school in the local school system;
Credit for the course is required for graduation from a high school in the local school system; and
The student previously took the course, but did not successfully complete or receive credit for the course.
In this section the following words have the meanings indicated.
“FAFSA” means the Free Application for Federal Student Aid.
“MSFAA” means the Maryland State Financial Aid Application.
Each county board shall encourage and assist as many high school seniors as possible in completing and submitting a FAFSA, or a MSFAA if ineligible to complete a FAFSA, by the deadline for eligibility for State financial aid set by the Maryland Higher Education Commission.
A county board shall develop an outreach plan to achieve the objective under paragraph (1) of this subsection.
Each outreach plan shall include:
Completion of a data sharing agreement with the Commission to receive FAFSA Filing Status Information under the federal FAFSA Completion Initiative;
At least three evening or weekend financial aid nights at each school that provide information and assistance to students and their parents or guardians in completing the FAFSA, or the MSFAA if ineligible to complete the FAFSA;
A description of partnerships, if any, with:
A community college or 4–year institution of higher education servicing that jurisdiction; or
Nonprofit organizations with the purpose of assisting students with accessing postsecondary education or college access organizations;
A description of the county’s student awareness campaign about completing the FAFSA, or the MSFAA if ineligible to complete the FAFSA, and the postsecondary education financial aid planning process, including when during the high school years students will begin receiving information; and
Plans to ensure that students and their families from the following populations intentionally receive the necessary information, assistance, and support:
Traditionally underserved students, including low–income, minority, and nonnative English speakers;
Unaccompanied and homeless youth; and
Foster children.
Each county board shall:
Update its outreach plan each year to address gaps and disparities among schools and student populations; and
On or before October 1, 2022, and each October 1 thereafter, send a copy of its outreach plan required under this subsection to the Department, the Maryland Higher Education Commission, the Financial Assistance Advisory Council, and the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with § 2–1257 of the State Government Article.
On or before December 15 each year, beginning in 2023 and ending in 2028, the Maryland Longitudinal Data System Center shall submit a report to the Senate Education, Energy, and the Environment Committee, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, on:
The number of students who completed and submitted the FAFSA in the immediately preceding school year;
The number of students who did not complete and submit the FAFSA in the immediately preceding school year; and
The number of students who completed the FAFSA by the deadline for eligibility for State financial aid.
The Maryland Longitudinal Data System shall disaggregate the information reported under paragraph (1) of this subsection by county and other student subgroups.
The Commission shall provide the Maryland Longitudinal Data System Center with access to student FAFSA data:
In the federal Student Aid Internet Gateway; and
Collected by the Office of Student Financial Aid.
On or before April 1, 2022, the Financial Assistance Advisory Council in the Maryland Higher Education Commission shall submit a report to the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with § 2–1257 of the State Government Article, on ways to assist county boards with connecting students to financial aid opportunities, including:
Identifying best practices; and
Compiling relevant materials and toolkits.
On or before December 1, 2022, and each December 1 thereafter, the Financial Assistance Advisory Council in the Maryland Higher Education Commission shall review the plans submitted under subsection (b)(4) of this section and the data reported under subsection (c)(1) of this section to make recommendations on updates to county board outreach plans.
This section does not apply to a child under the age of 18 years who:
Has obtained a Maryland high school diploma, an equivalent out–of–state high school diploma, or a GED;
Is a student with disabilities and has completed the requirements for a Maryland high school certificate of completion;
Is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age;
Has completed an instruction program under item (3) of this subsection;
Is severely ill and requires home or hospital instruction;
Is married;
Is in military service;
Is committed by court order to an institution without an educational program;
Provides financial support to the child’s family as documented by a local department of social services;
Subject to the approval of the county superintendent, has been expelled under § 7–305 of this subtitle;
Is pregnant or a parent and is enrolled in an alternative educational program;
Attends an alternative educational program;
Subject to written parental consent and written agreement with the county board, attends a public school on a part–time basis and attends a private career school as defined under § 10–101 of this article; or
Is waived from the provisions of this section by the State Superintendent.
Except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 18 shall attend a public school regularly during the entire school year.
In accordance with regulations of the State Board of Education, a child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child’s parent or guardian files a written request with the local school system asking that the child’s attendance be delayed due to the child’s level of maturity.
Except as provided in subsection (f) of this section or in regulations of the State Board of Education, each child who resides in this State shall attend a kindergarten program regularly during the school year prior to entering the first grade unless the child is otherwise receiving regular, thorough instruction in the skills and studies usually taught in a kindergarten program of a public school.
A county superintendent, school principal, or an individual authorized by the county superintendent or principal may excuse a student for a lawful absence.
Each person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section.
This section applies to any child who has a mental, emotional, or physical handicap.
This section does not apply to a child:
Whose mental, emotional, or physical condition makes the child’s instruction detrimental to the child’s progress; or
Whose presence in school presents a danger of serious physical harm to others.
With the advice of the school principal, supervisor, pupil personnel supervisor, or visiting teacher and with the written recommendation of a licensed physician or a State Department of Education certified or licensed psychologist, the county superintendent may:
Make other appropriate provisions for the free education of any student excepted from attendance under paragraph (2) of this subsection; or
Permit the parents or guardians of that student to withdraw the child from public school, for as long as the attendance of the child in a public school would be detrimental to the child’s progress or the child’s presence in school would present a danger of serious physical harm to others.
If a child is withdrawn from a public school under this subsection, the county board shall make other appropriate provisions for the education of the child.
If an appropriate educational placement is not available immediately, the county board shall make interim provisions for the education of the child until an appropriate placement becomes available.
Any person who induces or attempts to induce a child to be absent unlawfully from school or employs or harbors any child who is absent unlawfully from school while school is in session is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
Any person who has legal custody or care and control of a child who is 5 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and:
For a first conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 3 days, or both; and
For a second or subsequent conviction is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 5 days, or both.
In addition to the penalties provided under paragraph (2) of this subsection, the court may order a person convicted under paragraph (2) of this subsection to perform community service.
For a person with legal custody or care and control of a child at the time of an alleged violation of this section, it is an affirmative defense to a charge under this section that the person made reasonable and substantial efforts to see that the child attended school as required by law but was unable to cause the child to attend school.
If the court finds the affirmative defense is valid, the court shall dismiss the charge under this section against the defendant.
As to any sentence imposed under this section, the court may suspend the fine or the prison sentence and establish terms and conditions that would promote the child’s attendance.
The suspension authority provided for under subparagraph (i) of this paragraph is in addition to and not in limitation of the suspension authority under § 6–221 of the Criminal Procedure Article.
This subsection applies only:
In a county in which the circuit administrative judge has established a Truancy Reduction Pilot Program under § 3–8C–02 of the Courts Article; and
To the extent that funds are provided in an annual State budget for a Truancy Reduction Pilot Program.
A charge under this section may be filed in the juvenile court and assigned to a truancy docket for disposition under Title 3, Subtitle 8C of the Courts Article.
The court may condition marking a charge under this section stet on participation of the defendant in the appropriate Truancy Reduction Pilot Program under Title 3, Subtitle 8C of the Courts Article.
A child may be exempted from attending kindergarten if a parent or guardian of the child files a written request with the local school system and verifies that the child is enrolled:
Full time in a licensed child care center;
Full time in a registered family child care home; or
Part time in a Head Start 5 year old program.
Subject to data being available through the Maryland Longitudinal Data System established under § 24–702 of this article and except as otherwise provided in this section, a child under the age of 18 years shall return to attendance at a public school regularly during the school year as required by this section, if the child:
Is no longer participating in GED courses; and
Has not obtained a passing score on the GED test that resulted in the issuance of a Maryland high school diploma.
A student’s absence due to a student’s pregnancy or parenting needs is a lawful absence as provided under this section.
Each county board shall develop a written attendance policy for pregnant and parenting students that, at a minimum, meets the requirements of this section.
The policy developed under subsection (b) of this section shall:
Excuse all absences due to pregnancy– or parenting–related conditions, including absences for:
Labor;
Delivery;
Recovery; and
Prenatal and postnatal medical appointments;
Provide at least 10 days of excused absences for a parenting student after the birth of the student’s child;
Excuse any parenting–related absences due to an illness or a medical appointment of the student’s child, including up to 4 days of absences per school year for which the school may not require a note from a physician;
Excuse any absence due to a legal appointment involving the pregnant or parenting student that is related to family law proceedings, including adoption, custody, and visitation; and
Excuse any parenting–related absence from a class due to use of a lactation space to nurse or express breast milk.
In addition to home and hospital services, the school may allow the student to:
Make up the work that the student missed in a time period that equals at least as many days that the student was absent; and
Choose one of the following alternatives to make up work that the student missed:
Retake a semester;
Participate in an online course credit recovery program; or
Allow the student 6 weeks to continue at the same pace and finish at a later date.
Each county board shall publish its written attendance policy for pregnant and parenting students on the county board’s website.
Notwithstanding any other provision of law, a county board may count toward high school attendance the time an apprentice or youth apprentice spends during work–based training with an employer under a registered apprenticeship program.
The Department and each county board shall adopt an attendance policy for public school students that:
Treats an absence due to a student’s behavioral health needs the same as an absence due to illness or another somatic health need; and
If the policy requires a note from a health care provider to excuse an absence, authorizes an appropriate health care provider licensed or certified under the Health Occupations Article to provide a note to excuse the absence.
If a student or the student’s parent or guardian notifies a public school that the student’s absence was due to a behavioral health need, the school shall provide information to the student or the student’s parent or guardian about school or community behavioral health resources that are available to the student.
A county board may adopt policies and procedures to carry out the requirements of this section.
In this section, “legislative body” means an entity that:
Meets to set or carry out public policy;
Is subject to the Open Meetings Act; and
Consists of members who are elected or appointed by the Governor or a local executive authority.
The student attendance policy of a county board shall include a provision allowing an excused or discretionary absence for a public school student participating in civic engagement activities.
Civic engagement activities shall include:
Testifying virtually or in person at a hearing of a legislative body;
Meeting with members of a legislative body;
Contributing to the consideration, development, or implementation of policy issues; and
Participating in the Maryland General Assembly Page Program.
If the attendance policy requires a note to excuse an absence, the policy shall authorize an appropriate representative to provide a note or reasonable documentation to excuse the student’s absence.
A county board shall adopt policies and procedures to carry out the requirements of this section.
The principal or head teacher of each public or private school in this State shall report immediately to the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent the name of each child enrolled in his school who has been absent or irregular in attendance, without lawful excuse, or who shows evidence of maladjustment, so that the causes may be studied and solutions worked out.
On receipt of a report from a principal or head teacher of a public school that a student has been habitually truant without lawful excuse, the appropriate representative of the school system:
Shall initiate an investigation into the cause of the child’s truancy;
May provide counseling regarding the availability of social, health, and educational services; and
Following the investigation or intervention:
May notify the Department of Juvenile Services that the student has been habitually truant, without lawful excuse;
Shall notify the appropriate local department that the student has been habitually truant, without lawful excuse, if a court has given the notice authorized by § 3–819(b–1) of the Courts Article; and
Shall notify the Department of Juvenile Services that the student has been habitually truant, without lawful excuse, if a court has given the notice authorized by § 3–8A–19(d)(6) of the Courts Article.
The county superintendent, the superintendent’s designee, or the supervisor of pupil personnel shall provide to the local education agency information regarding the number of students identified as being habitually truant.
To the extent possible, the appropriate representative of a county board shall provide to each individual who no longer attends a public high school in the county and has not obtained a high school certificate or diploma:
Information concerning alternative education programs; and
GED program requirements and testing locations.
In this section, “truant student” means a student:
Who is unlawfully absent from school for more than:
8 days in any quarter;
15 days in any semester; or
20 days in a school year; and
Whose absences for purposes of item (1) of this subsection are unlawful absences as defined by regulation.
Each county board shall develop a system of active intervention for truant students.
Each truant student attending kindergarten through 12th grade shall immediately be referred to the county board’s system of active intervention developed under this section.
This section does not prohibit a county board from intervening in the case of a student who is frequently absent from school for both lawful and unlawful purposes, but is not a truant student.
In this section the following words have the meanings indicated.
“Criminal organization” has the meaning stated in § 9–801 of the Criminal Law Article.
“Law enforcement agency” means the law enforcement agencies listed in § 3–101(e) of the Public Safety Article.
“Local school system” means the schools and school programs under the supervision of the local superintendent.
“Local superintendent” means:
The county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator; or
The superintendent of schools for the:
Archdiocese of Baltimore;
Archdiocese of Washington; and
Catholic Diocese of Wilmington.
“Reportable offense” means an offense that:
Occurred off school premises;
Did not occur at an event sponsored by the school; and
Involved any of the following:
A crime of violence, as defined in § 14–101 of the Criminal Law Article;
Any of the offenses enumerated in § 3–8A–03(d)(4) of the Courts Article;
A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the Criminal Law Article;
A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, or § 5–628 of the Criminal Law Article;
A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law Article;
A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the Criminal Law Article;
A violation of § 9–802 or § 9–803 of the Criminal Law Article;
A violation of § 3–203 of the Criminal Law Article;
A violation of § 6–301 of the Criminal Law Article;
A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law Article;
A violation of § 7–105 of the Criminal Law Article;
A violation of § 6–202 of the Criminal Law Article; or
A violation of § 10–606 of the Criminal Law Article.
“School principal” means the principal of the public or nonpublic school in which a student is enrolled, or a designee of the principal, who is an administrator.
“School security officer” includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
“School security officer” does not include a teacher.
“Student” means an individual enrolled in a public school system or nonpublic school in the State who is 5 years of age or older and under 22 years of age.
If a student is arrested for a reportable offense or an offense that is related to the student’s membership in a criminal organization, the law enforcement agency making the arrest:
Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as soon as practicable:
The local superintendent;
The school principal; and
For a school that has a school security officer, the school security officer; and
May notify the State’s Attorney of the arrest and charges.
The State’s Attorney shall promptly notify either the local superintendent or the school principal of the disposition of the reportable offense required to be reported under subsection (b) of this section.
Except by order of a juvenile court or other court upon good cause shown, the information obtained by an individual pursuant to subsections (b) and (c) of this section:
Is confidential and may not be redisclosed by subpoena or otherwise except as provided pursuant to subsections (e) and (f) of this section; and
May not be made part of the student’s permanent educational record.
Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local superintendent or school principal from transmitting the information obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local superintendent of another public school system in the State or another nonpublic school in the State in which the student has enrolled or been transferred in order to carry out the purposes of this section if the disposition of the reportable offense was a conviction or an adjudication of delinquency or the criminal charge or delinquency petition is still pending.
A local superintendent or school principal who transmits information about a student under this subsection shall include in the transmittal information regarding any educational programming and related services provided to the student.
The State Board shall adopt regulations to ensure that information obtained by a local superintendent, a school principal, or a school security officer under subsections (b), (c), and (e) of this section is:
Used to provide appropriate educational programming and related services to the student and to maintain a safe and secure school environment for students and school personnel;
Transmitted only to school personnel of the school in which the student is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; and
Destroyed when the student graduates or otherwise permanently leaves school or turns 22 years old, whichever occurs first.
Except as otherwise provided in paragraph (2) of this subsection, the local superintendent and the school principal shall consider prohibiting a student who is arrested for a reportable offense involving rape or a sexual offense from attending the same school or riding on the same school bus as the alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical or psychological well–being of the alleged victim.
If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim.
Nothing in this section is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means other than that set forth in subsections (b), (c), and (e) of this section.
Each public school that enrolls students in grades six through twelve in the State shall designate at least one school security officer.
On or before December 30 each year, the Department, in accordance with State and federal privacy laws, shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report that includes the following information about each reportable offense for which a local school received information under subsection (b) of this section in the preceding school year:
The nature of the reportable offense;
Verification that the offense occurred off school premises;
Action taken by the local school and county board after being notified of the reportable offense;
The race, ethnicity, gender, and disability status of the student arrested for the reportable offense;
The grade of the student arrested for the reportable offense;
The regular school program of the student arrested for the reportable offense;
Whether the student’s regular school program was altered as a result of the reportable offense;
If the student was removed from the student’s regular school program as a result of the reportable offense:
The amount of time during which the student was removed; and
The student’s placement and educational programming during the period of removal; and
If removed from the student’s regular school program, the student’s academic performance during the time period the student was removed, including attendance, grades, and standardized test scores, and any additional disciplinary actions.
Each county board and public school shall provide the Department with any information necessary to issue its report in accordance with this section.
If a student is removed or excluded from the student’s regular school program for a reportable offense, the principal or county superintendent shall invite the student’s attorney, if the student has an attorney, to participate in the conference between the student or the student’s parent or guardian and the principal or county superintendent, and the manifestation determination review, if applicable.
In this section, “school principal” means the principal of a public or nonpublic school, or a designee of the principal who is an administrator.
A school principal may make a report to any relevant law enforcement agency if, after an investigation is completed, the school principal has reason to believe that a student has engaged in conduct that constitutes an offense under:
§ 3–201 of the Criminal Law Article (assault in the first degree);
§ 3–202 of the Criminal Law Article (assault in the second degree);
§ 3–805 of the Criminal Law Article (misuse of electronic communication or interactive computer service); or
§ 3–809 of the Criminal Law Article (revenge porn).
The purpose of this section is to require each county board of education to provide a continuum model of prevention and intervention activities and programs that encourage and promote positive behavior and reduce disruption.
Each county board of education and the Board of School Commissioners of Baltimore City shall establish special programs in the county and Baltimore City for students in the public school system who exhibit disruptive classroom behavior.
Two or more county boards may establish special programs for their joint use.
In this section, “positive behavioral interventions and support program” means the research–based, systems approach method adopted by the State Board to build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn.
Subject to paragraph (3) of this subsection, each county board shall require an elementary school that has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection to implement:
A positive behavioral interventions and support program; or
An alternative behavior modification program in collaboration with the Department.
An elementary school is subject to this subsection if it has a suspension rate that exceeds:
18 percent of its enrollment for the 2005–2006 school year;
16 percent of its enrollment for the 2006–2007 school year;
14 percent of its enrollment for the 2007–2008 school year;
12 percent of its enrollment for the 2008–2009 school year; and
10 percent of its enrollment for the 2009–2010 school year and each school year thereafter.
An elementary school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its existing program if it has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection.
Subject to paragraph (3) of this subsection, each county board shall require a school that has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection to implement:
A positive behavioral interventions and support program; or
An alternative, research–based, positive, and effective behavior modification program in collaboration with the Department.
A school is subject to this subsection if it has a truancy rate that exceeds:
8 percent of its enrollment for the 2008–2009 school year;
6 percent of its enrollment for the 2009–2010 school year;
4 percent of its enrollment for the 2010–2011 school year;
2 percent of its enrollment for the 2011–2012 school year; and
1 percent of its enrollment for the 2012–2013 school year and each school year thereafter.
A school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its program if it has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection.
The State Board shall adopt regulations to implement the provisions of this section.
Except as provided in subsection (b) of this section and § 7–305.1 of this subtitle, in accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal.
The student or the student’s parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period.
The student or the student’s parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7–310 of this subtitle.
Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled from school solely for attendance–related offenses.
Paragraph (1) of this subsection does not apply to in–school suspensions for attendance–related offenses.
Except as provided in § 7–305.1 of this subtitle, at the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student.
If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent.
The county superintendent or the county superintendent’s designated representative promptly shall make a thorough investigation of the matter.
If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent’s designated representative promptly shall arrange a conference with the student and his parent or guardian.
The student or the student’s parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7–310 of this subtitle.
If after the conference the county superintendent or the county superintendent’s designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student’s parent or guardian may:
Appeal to the county board within 10 days after the determination;
Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under § 6–203 of this article; and
Bring counsel and witnesses to the hearing.
Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board.
The appeal to the county board does not stay the decision of the county superintendent.
The decision of the county board is final.
Any student expelled or suspended from school:
Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and
May not participate in school sponsored activities.
The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian.
Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.
If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student’s parent or guardian.
If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher’s classroom.
A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion.
A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information.
In this subsection, “firearm” means a firearm as defined in 18 U.S.C. § 921.
Except as provided in paragraph (3) of this subsection, if the county superintendent or the superintendent’s designated representative finds that a student has brought a firearm onto school property, the student shall be expelled for a minimum of 1 year.
The county superintendent may specify, on a case by case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the county board, for a student who has brought a firearm onto school property.
The State Board shall adopt regulations to implement this subsection.
The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, or removal or exclusion of the child from the child’s regular school program for more than ten consecutive school days for a reportable offense, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code, including the requirements related to a manifestation determination.
If a child with a disability is being considered for suspension or expulsion, the child or the child’s parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board.
The provisions of this section apply to a student regardless of the cause for which a student is being disciplined, including any removal or exclusion of a student from the student’s regular school program arising out of a reportable offense under § 7–303 of this subtitle.
This subsection does not apply if the student is referred to the Department of Juvenile Services.
If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student’s parent or guardian and any other appropriate person, the principal shall require the student or the student’s parent to make restitution.
The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student’s assignment to a school work project, or both.
In this section the following words have the meanings indicated.
“Prekindergarten program” means:
Any qualified vendor of prekindergarten services as defined in § 7–101.2(a)(7) of this title; or
A prekindergarten program as defined in § 7–1A–01 of this title.
“Restorative practices” means practices conducted in a whole–school ethos or culture that supports peacemaking and solves conflict by building a community and addressing harm in a school setting and that:
Are conducted by trained staff;
Focus on repairing the harm to the community through dialogue that emphasizes individual accountability; and
Help build a sense of belonging, safety, and social responsibility in the school community.
Except as provided in paragraph (2) of this subsection, a student enrolled in a prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school.
A student described under paragraph (1) of this subsection may only be:
Expelled from school if required by federal law; or
Suspended for not more than 5 school days if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports.
The principal or school administration shall promptly contact the parent or guardian of a student suspended or expelled under paragraph (2) of this subsection.
The school shall provide intervention and support to address the student’s behavior if the student is:
Suspended under subsection (b) of this section; or
Enrolled in prekindergarten, kindergarten, first grade, or second grade and:
Is disruptive to the school environment; or
Commits an act that would be considered an offense subject to suspension but for the student’s grade.
Intervention and support provided under paragraph (1) of this subsection includes:
Positive behavior interventions and supports;
A behavior intervention plan;
A referral to a student support team;
A referral to an individualized education program team; and
A referral for appropriate community–based services.
The school system shall remedy the impact of a student’s behavior through appropriate intervention methods that may include restorative practices.
On or before May 1, 2018, the Department shall adopt regulations to carry out the requirements of this section.
In this section, “restorative practices” means a communally and culturally responsive, relationship–focused student discipline model that:
Is preventive and proactive;
Emphasizes building strong relationships and setting clear behavioral expectations that contribute to the well–being of the school community;
In response to behavior that violates the clear behavioral expectations that contribute to the well–being of the school community, focuses on accountability for any harm done by the problem behavior; and
Addresses ways to repair the relationships affected by the problem behavior with the voluntary participation of an individual who was harmed.
“Restorative practices” may include:
Conflict resolution;
Mediation;
Peer mediation;
Circle processes;
Restorative conferences;
Social emotional learning;
Trauma–informed care;
Positive behavioral intervention supports; and
Personal accountability.
Notwithstanding any bylaw, rule, or regulation made or approved by the State Board, a principal, vice principal, or other employee may not administer corporal punishment to discipline a student in a public school in the State.
The State Board shall:
Establish guidelines that define a State code of discipline for all public schools with standards of conduct and consequences for violations of the standards;
On request, provide technical assistance and training to county boards regarding the use of restorative practices, including technical assistance in becoming a Restorative Practices School in accordance with § 7–306.1 of this subtitle; and
Assist each county board with the implementation of the guidelines.
Subject to the provisions of subsections (b) and (c) of this section, each county board shall adopt regulations designed to create and maintain within the schools under its jurisdiction the atmosphere of order and discipline necessary for effective learning.
The regulations adopted by a county board under this subsection:
Shall provide for educational and behavioral interventions, restorative practices, counseling, and student and parent conferencing;
Shall provide alternative programs, which may include in–school suspension, suspension, expulsion, or other disciplinary measures that are deemed appropriate; and
Shall state that the primary purpose of any disciplinary measure is rehabilitative, restorative, and educational.
On or before October 1 each year, the Department shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a student discipline data report that includes a description of the uses of restorative practices in the State and a review of disciplinary practices and policies in the State.
The Department shall disaggregate the information in any student discipline data report prepared by the Department by race, ethnicity, gender, disability status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic status, English language proficiency, and type of discipline for:
The State;
Each local school system; and
Each public school.
Special education–related data in any report prepared under this subsection shall be disaggregated by race, ethnicity, and gender.
In this subsection, “alternative school discipline practice” means a discipline practice used in a public school that is not an in–school suspension or an out–of–school suspension.
The Department shall collect data on alternative school discipline practices in public schools for each local school system, including:
The types of alternative school discipline practices that are used in a local school system; and
The type of misconduct for which an alternative discipline practice is used.
In this section the following words have the meanings indicated.
“Restorative practices” has the meaning stated in § 7–306 of this subtitle.
“Restorative Practices School” means a public school that integrates restorative practices into daily practices and activities of the whole school.
On or before July 1, 2026, the Department shall develop a comprehensive plan for the establishment of Restorative Practices Schools.
In developing a comprehensive plan, the Department shall consult with and seek insight from:
Educators and administrators who have effectively established and operated schools that integrate restorative practices into the daily practices and activities of the whole school; and
State and national organizations that have studied the effective use of restorative practices and have established the most appropriate methods of integrating restorative practices in the school setting.
The comprehensive plan required under subsection (b) of this section shall:
Provide a framework for local school systems to identify school personnel qualified to provide initial restorative practices training as restorative practices coaches to other school staff;
Establish model training material in restorative practices for personnel identified under item (1) of this subsection to use in training other school staff in a manner that results in restorative practices being integrated into schoolwide practices and activities;
Establish standards for when a school may be designated a Restorative Practices School; and
Develop the intended outcomes and performance metrics that the use of restorative practices are designed to achieve, including improvements in the following areas:
Student conduct that leads to disciplinary actions, including student office referrals, suspensions, expulsions, and school arrests;
Student absenteeism and truancy;
Rates of teacher turnover and absenteeism;
Relevant mental health indicators; and
School climate indicators.
If a county board chooses to establish a Restorative Practices School within the local school system, the county board shall use the comprehensive plan developed by the Department.
A principal, teacher, school security guard, or other school system personnel in any public school may take reasonable action necessary to prevent violence on school premises or on a school-sponsored trip, including intervening in a fight or physical struggle that takes place in his or her presence, whether the fight is among students or other individuals.
The degree and force of the intervention may be as reasonably necessary to prevent violence, restore order and to protect the safety of the combatants and surrounding individuals.
A principal, teacher, school security guard, or other school system personnel who is hurt while taking preventive action or intervening in a fight under this section:
Shall be compensated by the county board for any necessary medical expenses that result directly from the preventive action or intervention; and
May not lose any compensation for time lost from school duties that results directly from the preventive action or intervention, but compensation may be reduced by any payments made under the Maryland Workers’ Compensation Act.
In any suit, claim, or criminal charge brought by a parent or other claimant of one of the combatants against the principal, teacher, school security guard, or other school system personnel because of the preventive action or intervention, the county board:
Shall provide legal counsel for the principal, teacher, school security guard, or other school system personnel or may provide reimbursement for the reasonable expenses of the legal defense of any criminal charge if the county board considers it appropriate; and
Shall save the principal, teacher, school security guard, or other school system personnel harmless from any award or decree against him.
A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student’s possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.
Subject to the provisions of paragraph (2) of this subsection, a county board may authorize a teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the teacher has a reasonable belief that the student has in the student’s possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.
To qualify to conduct a search under this subsection, a teacher shall be designated in writing by a principal and receive training to conduct a search commensurate with the training received by a principal.
A search under subsection (a) or (b) of this section shall be made in the presence of a third party.
A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances including the lockers of students.
The right of the school official to search the locker shall be announced or published previously in the school.
The Department shall adopt rules and regulations relating to the searches permitted under this section.
In this section, “residential child care program” means a program that:
Provides care for children 24 hours a day within a structured set of services and activities designed to achieve objectives related to the needs of the children served; and
Is licensed by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
A “residential child care program” includes:
Group homes;
Alternative living units; and
Emergency shelter care.
Each licensed operator of a residential child care program who has legal custody or care and control of a child who is at least 5 years old and under the age of 16 years and receives State funding as provided in § 5–526 of the Family Law Article:
Shall enroll the child in the local school system where the residential child care program is located unless the residential child care program operates an approved educational program in accordance with the licensing regulations that govern the residential child care program;
Shall expeditiously initiate and monitor the transfer of the academic records of a child in the operator’s care from the transferring school to insure that the academic records are transferred to the school that the child will be attending while living in the operator’s care;
May request a meeting with the child’s teachers; and
Shall meet the child’s teachers at the time of enrollment and at any other time the school or a teacher requests; and
Shall sign the child’s report card, insure that the report card is returned to school, and include a copy of the report card in the child’s case record.
Each county board shall develop and disseminate to each public school within the county board’s jurisdiction a community resources list.
The community resources list may include the name and contact information of local and statewide social services and nonprofit health care providers that provide nondiscriminatory services to children and families in need of assistance.
With the assistance of the county health department, each county board shall provide:
Adequate school health services;
Instruction in health education, including the importance of physical activity in maintaining good health; and
A healthful school environment.
The Department and the Maryland Department of Health jointly shall:
Develop public standards and guidelines for school health programs; and
Offer assistance to the county boards and county health departments in their implementation.
Each county board shall designate a school health services program coordinator.
A county board may authorize the county health department to designate the school health services program coordinator.
The school health services program coordinator shall:
Implement State and local health policies in the public schools;
Ensure that public schools adhere to local health services guidelines; and
Communicate State and local health policies to the parents and guardians of public school students.
Except as provided in subparagraph (ii) of this paragraph, the county board shall grant the school health services program coordinator the authority to carry out the provisions of this subsection.
The county board shall consult with a county superintendent before any change in the hiring or termination of personnel in connection with a school health services program.
The Department shall conduct at least two meetings annually with all school health services program coordinators in the State.
On or before December 1, 2015, and every 5 years thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a summary of the information reported to the State Superintendent during the COMAR certification process.
The Department in consultation with the Maryland Department of Health shall adopt regulations requiring a physical examination for children entering the Maryland Public School System for the first time.
The regulations shall require each child entering the Maryland Public School System for the first time to have a physical examination completed within:
The 9–month period before entering the public school system; or
The 6–month period after entering the public school system.
The physical examination required under subsection (b) of this section shall be completed by:
A licensed physician;
A licensed physician assistant who has an active collaboration agreement; or
A certified nurse practitioner.
For each school year each public school shall report to the county board or county health department the number of children entering the public school system for the first time who have not had a physical examination because of:
The lack of access to health care;
Insufficient financial resources; or
Any other reason, including a religious reason, as the public school deems appropriate.
The county board or county health department shall report the information obtained under paragraph (1) of this subsection to the Maryland Department of Health.
In cooperation with the State Board and the Maryland State Medical Society, the Maryland Department of Health shall adopt rules and regulations regarding blood tests for lead poisoning required of children entering schools.
In cooperation with the State Board and the Statewide Advisory Commission on Immunizations, the Maryland Department of Health shall adopt rules and regulations regarding immunizations required of children entering schools.
These rules and regulations shall:
Be adopted in compliance with the Administrative Procedure Act;
Provide that any child may have the immunization administered by his personal physician; and
By September 2003, in areas designated as at risk for lead poisoning, as determined under § 18–106 of the Health – General Article, when a child enters a public prekindergarten program, kindergarten program, or first grade, require the parent or legal guardian of the child to provide documentation from a health care provider, on a form developed by the Maryland Department of Health, certifying that the child has undergone blood testing for lead poisoning administered in accordance with the guidelines of the Centers for Disease Control and Prevention in the screening of young children for lead poisoning: Guidance for State and Local Public Health Officials (November 1997) and any subsequent guidelines; and
By September 2003, require a program or school to report the name, last known address, and telephone number of each child for whom certified documentation of a lead test is not provided under item 1 of this item, as determined by regulation, to the local health department in the jurisdiction where the child resides.
Any requirement for the administration of pertussis vaccine shall be consistent with § 18–332(b) of the Health – General Article.
Unless the Secretary of Health declares an emergency or an epidemic of disease, a child whose parent or guardian objects to immunization on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices may not be required to present a physician’s certification of immunization in order to be admitted to school.
The Secretary of Health shall adopt rules and regulations for religious exemptions under this subsection.
Each county board or county health department shall provide hearing and vision screenings for all students in the public schools.
Each county health department shall provide and fund hearing and vision screenings for all students:
In any private school that has received a certificate of approval under § 2–206 of this article; and
In any nonpublic educational facility in this State approved as a special education facility by the Department.
Unless evidence is presented that a student has been tested by an optometrist or ophthalmologist within the past year, the screenings required under subsection (a) of this section shall be given in the year that a student enters a school system, enters the first grade, and enters the eighth or ninth grade.
Further screening shall be done in accordance with:
The bylaws adopted by the State Board; or
Policies adopted by a county board or a county health department.
The results of the hearing and vision screenings required by this section shall be:
Made a part of the permanent record file of each student;
Given to the parents or guardians of each student, with educational materials that include the following:
A disclaimer that a vision screening is not a substitute for a comprehensive eye exam performed by an optometrist or ophthalmologist;
An overview of visual impairments and an explanation of the potential educational impact of untreated visual impairments; and
A list of at–risk groups that are encouraged to have a comprehensive eye examination by an optometrist or ophthalmologist; and
Reported to the county board or the county health department.
Additional information shall be provided to the parents or guardians of a student who fails the vision screening that includes:
Notice that the results of the screening indicate that the student may have a vision disorder;
A recommendation to the parent or guardian that the student be tested by an optometrist or ophthalmologist;
A description of the warning signs, symptoms, risk factors, and behavioral problems associated with vision disorders or eye conditions;
A description of the difference between eye examinations and the vision screenings required under this section;
Information on how to enroll in the Maryland Medical Assistance Program; and
Information on locally available free or low–cost nonprofit programs that provide eye examinations and eyeglasses for children, if any.
On a form provided by the county board or the county health department, a parent or guardian shall report to the county board or the county health department on the recommended services received by a student who failed the screenings.
The county board or the county health department shall report to the Maryland Department of Health:
The results of the hearing and vision screenings; and
To the extent practicable, the number of students receiving the recommended services.
The Maryland Department of Health shall:
Review the reports submitted under this subsection; and
In counties where fewer than 50% of students who have failed the screenings are receiving the recommended services, coordinate with the county board or the county health department to implement measures to improve the number of students receiving the recommended services.
In cooperation with the Maryland Department of Health, the Department shall adopt standards, rules, and regulations to carry out the provisions of this section.
A student whose parent or guardian objects in writing to hearing and vision screening on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which he is an adherent or member may not be required to take these screenings.
An individual who has tuberculosis in a communicable stage may not work in any capacity in a public, private, or parochial school.
A school employee may be required to furnish a current certification to the school administration that the employee is free of tuberculosis in a communicable stage.
The health officer of a county or the Baltimore City Commissioner of Health may require an employee to furnish the certification when:
The employee is first employed; and
At any other time that the health officer or the Baltimore City Commissioner of Health deems necessary.
This certification shall be based on results of specific tests.
The types of tests and the intervals between these tests shall:
Be regulated by the health officer or Commissioner; and
Conform to the standards of the Maryland Department of Health.
In this section, “industrial quality eye protective device” means a device that meets the standards of the American Standard Safety Code for Head, Eye, and Respiratory Protection, Z 2.1–1959, adopted by the American Standards Association, Incorporated.
Each student and teacher in a school or other educational institution shall be required to wear an industrial quality eye protective device at all times while working in:
A career and technology classroom or laboratory that involves the use of or exposure to:
Hot molten metal;
Milling, sawing, turning, shaping, cutting, or stamping of any solid material;
Heat treatment, tempering, or kiln firing of any metal or other material;
Gas or electric arc welding;
Repair or servicing of any vehicle; or
Any caustic or explosive material; or
A chemical or combined chemical–physical laboratory that involves any caustic or explosive chemical or hot liquid or solid.
The school may furnish industrial quality eye protective devices to its students and teachers and to any visitor to its classrooms or laboratories specified in subsection (b) of this section.
The school may buy these protective eye devices in large quantities and sell them at cost to its students and teachers.
The State Superintendent shall require each county superintendent to hold a fire drill in each public school in accordance with the State Fire Prevention Code established under § 6–206 of the Public Safety Article.
Each public school shall:
Keep records of these fire drills; and
Send a copy to the county superintendent.
Each nonpublic school in the State shall hold fire drills in accordance with the State Fire Prevention Code established under § 6–206 of the Public Safety Article.
Each nonpublic school shall:
Keep records of these fire drills; and
Send a copy of the records to the State Board.
Each public school shall have a program of physical education that is given in a planned and sequential manner to all students, kindergarten through grade 12, to develop their good health and physical fitness and improve their motor coordination and physical skills.
The Department shall:
Employ a full–time director of physical education;
Subject to paragraph (2) of this subsection, adopt regulations that require a public school building that is newly constructed or completely renovated and occupied on or after January 1, 2013, to include a gymnasium and adequate support space for physical education instruction; and
Adopt guidelines for facilities for physical education programs.
The regulations adopted under paragraph (1)(ii) of this subsection shall include a process by which a local school system that is conducting a complete renovation of a public school building may request a waiver, based on land or zoning constraints, from the requirement to include a gymnasium.
Each local school system may develop and implement an annual Wellness Policy Implementation and Monitoring Plan to be used to:
Establish baseline student data for the health–related components of physical fitness;
Assist students with the development of personal physical fitness plans;
Encourage appropriate interventions for students identified as having unhealthy levels of physical fitness;
Identify effective practices for improvement of student health–related physical fitness; and
Encourage partnerships with health agencies to address student health–related issues in the State.
The Department shall:
Develop a procedure to monitor and measure the implementation of a local school system’s Wellness Policy Implementation and Monitoring Plan;
Provide feedback and technical assistance to each local school system that implements a Wellness Policy Implementation and Monitoring Plan;
Identify and distribute to each local school system effective wellness policy practices for physical activity and physical education; and
Provide staff support to each local school system that implements a Wellness Policy Implementation and Monitoring Plan.
Each local school system that implements a Wellness Policy Implementation and Monitoring Plan under subsection (c) of this section shall submit to the Department:
The local school system’s Wellness Policy Implementation and Monitoring Plan, that shall include:
Policy goals;
Activities;
Expected outcomes; and
Measurements for physical activity and physical education; and
An annual report on the local school system’s progress toward achieving the policy goals of the implementation plan.
The Department shall establish an Advisory Council on Health and Physical Education.
The Advisory Council shall consist of the following members, selected by each organization from which the member is a representative:
A representative from the Department;
A representative from the Maryland Parent–Teacher Association;
A representative from the Maryland State Teachers Association;
A representative from the Public School Superintendents Association of Maryland;
Representatives from each local school system;
A representative from the Maryland Association of Boards of Education;
A representative from the Maryland Association of Counties;
A representative from the Governor’s Council on Physical Fitness and Sport;
A representative of the Professional Organization for Health, Physical Education, Recreation, and Dance;
A representative from an institution of higher education having a health and physical education teacher education program;
A representative from Special Olympics of Maryland;
A representative from the Maryland Department of Health;
A representative from the American Academy of Pediatrics; and
Representatives from the following health organizations:
The American Heart Association;
The American Cancer Society; and
The American Diabetes Association.
From among its members, the Council shall elect a chair, vice chair, and any other officers necessary to carry out the Advisory Council’s functions.
The Department shall provide staff and other necessary support to the Advisory Council using existing resources.
A member of the Advisory Council may not receive compensation for serving on the Advisory Council, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Advisory Council shall meet at least twice each year and may hold additional meetings at the discretion of the chair or at the request of a majority of the members.
The Advisory Council shall:
Develop and coordinate programs in collaboration with public schools to educate students regarding the importance of:
Physical activity and physical movement;
The relationship of physical activity to a healthy lifestyle and improved fitness;
The relationship between healthy eating, physical activity, and maintaining a healthy weight; and
The value of physical activity and its relationship to improved academic achievement and stress reduction;
Identify promising health and physical education practices in the State;
Build a network of health and physical education professionals to share information and strengthen partnerships;
Support successful health and physical education programs in the State and encourage the expansion of those programs; and
Consult with organizations represented on the Advisory Council as appropriate.
The Advisory Council may:
Seek, accept, and expend funds from any source, including donations, State appropriations, and federal grants; and
Seek, accept, and use services from individuals, corporations, and government entities.
Each public school shall have a program of safety education that is organized and administered under the bylaws, rules, and regulations of the State Board.
The State Board shall develop and implement a program of drug addiction and prevention education in the public schools.
Except as provided in subsection (c)(2) of this section, this program shall be started before the sixth grade in each public school by teachers who are trained in the field of drug education.
The State Board shall establish standards for determining how a teacher is considered to be “trained in the field of drug addiction and prevention education” for the purposes of this section.
The program shall include instruction related to heroin and opioid addiction and prevention, including information relating to the lethal effect of fentanyl.
The instruction required under paragraph (1) of this subsection shall be:
Delivered in grade bands as follows:
Third grade through fifth grade;
Sixth grade through eighth grade; and
Ninth grade through twelfth grade; and
A stand–alone unit in the program.
This program shall be coordinated with other State agencies that are responsible for drug abuse education and control.
The State Board shall encourage the county boards to incorporate age–appropriate lessons on dating violence, diabetes and its treatment and prevention, oral disease prevention, and dental health promotion into the county boards’ health education curriculum.
On or before December 1, 2015, and every 5 years thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a summary of the information reported to the State Superintendent during the COMAR certification process.
If a student seeks information to overcome any form of drug abuse, as defined in § 8-101 of the Health - General Article, from a teacher, counselor, principal, or other professional educator employed by an educational institution that has received a certificate of approval under § 2-206 of this article, a statement, whether oral or written, made by the student or an observation or conclusion derived from the statement is not admissible against the student in any proceeding.
A rule, regulation, or order may not require disclosure of any report, statement, observation, conclusion, or other information that has been assembled or obtained by an educator through this contact.
By the fall of 1978, the State Board shall develop and implement a program of health education that deals specifically with the abuse of alcohol.
This program may be included in the drug education program under § 7-411 of this subtitle.
This program shall be coordinated with other State agencies that are responsible for alcohol abuse education and control.
Each county board may offer instruction in the safe operation of a motor vehicle to high school students who are 15 years old or older.
The instruction shall be given as provided by Title 16, Subtitle 5 of the Transportation Article.
Each county board shall determine whether the course is an elective or a required course.
The State Board shall determine what credit, if any, is allowed to successful students of the course.
The principal of each school that offers the driver education course shall arrange the time set aside for actual driving instruction so that it does not interfere with other school work.
Each motor vehicle used for instruction shall bear the identification required by the Motor Vehicle Administration.
If practicable, the actual driving instruction shall be conducted on private or public property that is removed from State roads.
In this section the following words have the meanings indicated.
“Fund” means the Driver Education in Public High Schools Fund.
“Program” means the Driver Education in Public High Schools Grant Program.
There is a Driver Education in Public High Schools Grant Program in the Department.
The purpose of the Program is to provide grants to public high schools and nonprofit organizations to assist public high schools in offering driver education courses for students consistent with the requirements of § 7–414 of this subtitle.
The Department shall:
Administer the Program;
Establish application procedures for the Program; and
Award grants from the Program.
Subject to the availability of money in the Fund, a public school or nonprofit organization may apply for a grant under the Program for expenses paid or incurred, or that will be paid or incurred, to offer a driver education course for students consistent with the requirements of § 7–414 of this subtitle.
When making grants, the Department shall prioritize:
Public high schools at which at least 40% of the registered students are eligible for the federal free or reduced price meal program; and
Nonprofit organizations working to offer a driver education course in a school at which at least 40% of the registered students are eligible for the federal free or reduced price meal program.
There is a Driver Education in Public High Schools Fund.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money received by the Fund from fines for vehicle security lapses under § 17–106 of the Transportation Article; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
Providing grants under the Program; and
Administrative costs of the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the General Fund of the State.
The Department shall adopt regulations to carry out this section.
There is a School Health Program.
The general purpose of the Program is to implement a program in two areas of this State in which portions of the population currently are underserved.
The Program is designed to:
Improve the health of school age children in this State; and
Provide reports on the performance of the Program.
Each of the two areas of this State shall be served by separate and equal component parts. One part of the Program will be operated in Baltimore City and the other in Caroline County.
The specific purposes and objectives of the Program operated in Baltimore City are:
To encourage and promote appropriate and cost effective use of health care services;
To reduce unnecessary use of hospital emergency room services;
To demonstrate the efficacy of involving parents, students, and community organizations in school health programs, particularly with regard to recruiting and retaining students in school health programs; and
To assess whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care.
The specific purposes and objectives of the Program operated in Caroline County are:
To concentrate on the early identification, health counseling, and referral for mental health problems to prevent suicides;
To assess whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care; and
To provide the following health and referral services for students:
First aid;
Physical exams and sports physicals;
Care for minor and chronic illnesses;
Immunizations;
Preventive health education services;
Referrals for counseling at the County Health Department; and
Social services referrals.
Funds for this Program shall be used to acquire:
For the Baltimore City Program, the services of one full–time nurse practitioner, physician assistant, or other appropriate health care provider; and
For the Caroline County Program, the services of one full–time nurse practitioner, physician assistant, or other appropriate health care provider.
The local subdivisions shall be reimbursed for the purchase of necessary supplies for the Program.
The Maryland Department of Health or the Baltimore City Health Department shall designate a part–time health research design analyst:
To work with the local subdivisions to collect and analyze data during the Program period; and
Subject to § 2–1257 of the State Government Article, to prepare the reports to the General Assembly and the Secretary of Health on July 1, 1992, July 1, 1997, and July 1, 2001, on the status and success of the Program.
The Program staff shall develop or appropriately adapt an existing parental consent form for the provision of health services.
In Baltimore City, the nurse practitioner, physician assistant, or other appropriate health care provider shall be assigned to Walbrook Senior High School, P.S. 411.
The range of services provided by the nurse practitioner, physician assistant, or other appropriate health care provider with appropriate physician collaboration should, to the extent feasible, include:
Total health assessment including history, physical examination, and neurological evaluation for all entering students and handicapped students, provided however, that existing health records of the student shall be used if available;
Referral to and follow–up with identified primary care sources for each student in the targeted population;
Follow–up on treated sports injuries;
Management of selected minor illnesses and injuries in the school according to treatment protocols which will be developed; and
Establishment of working relationships with all teachers, especially health education teachers.
The nurse practitioner, physician assistant, or other appropriate health care provider shall, to the extent practicable:
Participate actively in the School Screening Committee;
Be responsible for the basic medical evaluation and certification for student placement;
Concentrate on early identification, health counseling, and referral for:
Venereal disease;
Drug abuse;
Alcoholism;
Handicapping conditions; and
Mental health problems;
Evaluate the relationship between use of the school health clinic services and use of hospital emergency room services;
Establish working relationships with parents, students, and community organizations to demonstrate the efficacy of involving parents, students, and community organizations in school health clinics to enhance recruitment and retention of students;
Evaluate, to the extent possible, the effect of participation in the program on the physical and mental well–being and school performance of the students;
Assess, to the extent possible, whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care;
Be responsible to the Bureau of School Health of the Baltimore City Health Department; and work closely with the school principal and staff;
Continue to function within the Baltimore City Health Department when the schools are not in session, by managing his or her caseload of school–age children in the community, including follow–through on referrals made during the school year, and the assessment of selected children in summer programs for certification of school placement; and
Be a part of the well–child clinic delivery system provided by the Baltimore City Health Department.
Physician consultation and collaboration in medical management of care shall be available at all times on–site or by telephone.
Other consultant services in the school health program, in the maternal child health program, or in the community health nursing program will be available as needed by the nurse practitioner, physician assistant, or other appropriate health care provider.
In Caroline County the nurse practitioner, physician assistant, or other appropriate health care provider will be assigned, to the extent practicable, to elementary and middle schools.
The services provided by the nurse practitioner, physician assistant, or other appropriate health care provider shall, to the extent practicable, include:
Assessment of the health status of all targeted students in the selected elementary and middle schools including history, physical examination, neuro-developmental evaluation, and all required early and periodic screening, diagnosis, and treatment programs;
Provision of health care including well-child care and treatment of common injuries and illnesses; and
Integration of health care with existing health care providers and health education programs directed at students, teachers, and parents.
The nurse practitioner, physician assistant, or other appropriate health care provider shall:
Collaborate with board certified or board eligible pediatricians in the health management of the school children;
Concentrate on the early identification, health counseling, and referral for mental health problems, with an emphasis on suicide prevention; and
Assess, to the extent possible, whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care.
A county board shall keep a copy of each inspection report concerning the asbestos inspection of each public school in the county.
Each public school shall keep for review during regular school hours upon request by any member of the public a copy of the inspection report concerning the asbestos inspection at the public school.
The Department, in coordination with the Maryland Department of Health, shall establish procedures for the administration of the Centers for Disease Control and Prevention Youth Risk Behavior Survey/Youth Tobacco Survey to public middle school and high school students in the State.
The Department, in coordination with the Maryland Department of Health:
May omit up to a maximum of one–third of the survey questions if the Department considers the content of the questions inappropriate; and
Shall include in the survey at least five questions from the Centers for Disease Control and Prevention Youth Risk Behavior Survey on adverse childhood experiences or positive childhood experiences.
The Department, in coordination with the Maryland Department of Health, shall require a local school system to utilize passive parental consent before administering the survey.
The local school system shall provide each parent with:
A statement that:
Notifies the parent that:
The survey is confidential;
The answers will be kept private;
The student’s name will not be required on the survey response sheet; and
The survey is designed to identify risk behaviors that may include safety behaviors such as use of helmets and seat belts, depression and mental health, use of tobacco, alcohol, or other drugs, nutrition and physical activity, and sexual behavior; and
Explains how a parent can obtain a copy of the survey questions that will be administered and more information regarding the survey, including the mailing address, telephone number, and website address of the Centers for Disease Control and Prevention; and
Subject to subsection (d) of this section, a denial of permission form that may be returned by the parent to the school.
For the academic year during which the survey will be conducted, the denial of permission form shall be a part of the request for emergency contact information that is distributed by the public school to each student or parent or guardian of the student.
The denial of permission form shall be distributed only to a student or the parent or guardian of a student who may be subject to the survey administered under this section.
In this section the following words have the meanings indicated.
“Health practitioner” means a physician or other individual authorized by law to prescribe prescription drugs or devices.
“Medication” means an asthma inhaler or other emergency drug that is dispensed for a student only on the prescription of a health practitioner and pertains to the student’s asthma or other airway-constricting disease.
“Self-administer” means the application or consumption of medication in a manner directed by the health practitioner without additional assistance or direction.
Subject to the provisions of this subsection, each public school system shall adopt a written policy authorizing a student to possess and self-administer medication while:
In school;
At school-sponsored activities; or
On a school bus or other school property.
A student who self-administers medication must have a prior written order from the student’s health care provider and, if the student is a minor, the prior written approval of the student’s parent or guardian.
The health care provider’s order must be maintained in the student’s educational record at the school.
A student’s parent or guardian must obtain written verification from the student’s health care provider confirming that the student has the knowledge and skills to safely possess and self-administer the medication.
The written statements required under this subsection shall be provided to the school at least annually.
The school nurse shall assess the student’s ability to demonstrate the skill level necessary to ensure proper and effective use of the medication in school.
A student may be subject to disciplinary action if the student does not use the medication in a safe and proper manner.
The Department shall provide each public school system with written State guidelines to implement this section.
Each public school that receives notice of a contaminated drinking water supply from the school’s supplier of water, in accordance with § 9-410 of the Environment Article or otherwise, shall send notice of the drinking water contamination to the parent or legal guardian of each student attending the school.
The notice shall:
Be sent by the school within 10 business days after receipt of the notice of contamination from the school’s water supplier;
Be in writing;
Identify the contaminants and their levels in the school’s water supply; and
Describe the school’s plan for dealing with the water contamination problem until the school’s water is determined by the appropriate authority to be safe for consumption.
This section only applies to vending machines in public schools that sell food items of minimal nutritional value, as defined by the Department.
By August 1, 2006, vending machines in public schools shall have and use a timing device to automatically prohibit or allow access to vending machines in accordance with the nutrition policies established by the county board.
This section applies only in Baltimore County.
Except as provided in subsection (c) of this section, an Executive Branch agency may ban or regulate the sale of coffee in conjunction with a career exploration and development activity in a public high school.
An Executive Branch agency may not ban or regulate the sale of coffee in conjunction with a career exploration and development activity in a public high school that sold coffee on or before June 30, 2018.
In this section the following words have the meanings indicated.
“Bullying, harassment, or intimidation” means intentional conduct, including verbal, physical, or written conduct, or an intentional electronic communication, that:
Creates a hostile educational environment by substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student’s physical or psychological well–being and is:
Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;
Sexual in nature, including descriptions or depictions of a student with the student’s intimate parts exposed or while engaged in an act of sexual contact; or
Threatening or seriously intimidating; and
Occurs on school property, at a school activity or event, or on a school bus; or
Substantially disrupts the orderly operation of a school.
“Electronic communication” means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager.
“Intimate parts” means the naked genitals, pubic area, buttocks, or female nipple.
“Sexual contact” means sexual intercourse, including genital–genital, oral–genital, anal–genital, or oral–anal, whether between persons of the same or opposite sex.
The Department shall require a county board to report incidents of bullying, harassment, or intimidation against students attending a public school under the jurisdiction of the county board.
An incident of bullying, harassment, or intimidation may be reported by:
A student;
The parent, guardian, or close adult relative of a student; or
A school staff member.
The Department shall create a standard victim of bullying, harassment, or intimidation report form.
Each victim of bullying, harassment, or intimidation report form shall:
Identify the victim and the alleged perpetrator, if known;
Indicate the age of the victim and alleged perpetrator;
Describe the incident, including alleged statements made by the alleged perpetrator;
Identify any actual or perceived personal characteristics described in subsection (a)(2)(i)1 of this section that are believed to have been a motivating factor in the incident;
Indicate the location of the incident;
Identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;
Indicate the number of days a student is absent from school, if any, as a result of the incident;
Identify any request for psychological services initiated by the victim or the victim’s family due to psychological injuries suffered; and
Include instructions on how to fill out the form and the mailing address to where the form shall be sent.
A county board shall distribute copies of the victim of bullying, harassment, or intimidation report form to each public school under the county board’s jurisdiction.
A county board may establish an anonymous two–way electronic tip program to allow the reporting of an act of bullying, harassment, or intimidation of a student.
The purpose of the anonymous two–way electronic tip program is for a student, a parent, guardian, or close adult relative of a student, or a school staff member to report acts of bullying, harassment, or intimidation.
Each county board that establishes an anonymous two–way electronic tip program shall publicize the anonymous two–way electronic tip program in student handbooks, school system websites, and other locations that the county board determines are necessary or appropriate.
On receipt of a report of an act of bullying, harassment, or intimidation from an anonymous two–way electronic tip, the recipient of the report or the recipient’s designee shall:
Complete a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section; and
Provide a transcript of the conversation to a designated person in the school.
The Governor may include funding in the State budget to provide grants to county boards to establish an anonymous two–way electronic tip program.
Subject to the requirements of this subsection, each county board shall submit summaries of report forms filed with the county board to the State Board on or before January 31 each year.
A county board shall delete any information that identifies an individual.
A county board shall include in its report incidents of bullying, harassment, or intimidation that, after a thorough and impartial investigation, are determined to have been motivated in whole or in substantial part by personal characteristics described in subsection (a)(2)(i)1 of this section of members of a particular group, if:
There has been a substantial increase in incidents of bullying, harassment, or intimidation for students in that group over the previous school year;
There has been a substantial decrease in incidents of bullying, harassment, or intimidation for students in that group over the previous school year; or
There is a disproportionate incident rate of bullying, harassment, or intimidation for students in that group.
On or before July 1, 2027, the Department shall establish standards for the conditions described under subparagraph (i) of this paragraph.
Subject to paragraph (2) of this subsection, on or before January 31 each year, each county board shall make available on request information described under subsection (e)(3) of this section.
A county board may not publish any information that could be used to identify an individual student.
The information contained in a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section or received from an anonymous two–way electronic tip in accordance with subsection (d) of this section:
Is confidential and may not be redisclosed except as otherwise provided under the Family Educational Rights and Privacy Act or this section; and
May not be made a part of a student’s permanent educational record.
The Department shall submit a report on or before March 31 each year to the Senate Education, Energy, and the Environment Committee and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, consisting of a summary of the information included in the victim of bullying, harassment, or intimidation report forms filed with the county boards the previous year.
The report submitted by the Department shall include, to the extent feasible:
A description of the act constituting the bullying, harassment, or intimidation;
The age of the victim and alleged perpetrator;
The allegation of the alleged perpetrator’s motive;
A description of the investigation of the complaint and any corrective action taken by the appropriate school authorities;
The number of days a student is absent from school, if any, as a result of the incident; and
The number of false allegations reported.
In this section, “bullying, harassment, or intimidation” has the meaning stated in § 7–424 of this subtitle.
By March 31, 2009, the State Board, after consultation with and input from local school systems, shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.
The model policy developed under paragraph (1) of this subsection shall include:
A statement prohibiting bullying, harassment, and intimidation in schools;
A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;
A definition of bullying, harassment, or intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;
Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation;
Standard consequences and remedial actions for persons found to have made false accusations;
Model procedures for reporting acts of bullying, harassment, and intimidation;
Model procedures for providing notice of an act of bullying, harassment, or intimidation to:
A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and
A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;
Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;
Information about the types of support services available to the student bully, victim, and any bystanders;
Information regarding the availability and use of the bullying, harassment, or intimidation form under § 7–424 of this subtitle; and
Information regarding the availability and use of an anonymous two–way electronic tip program established under § 7–424 of this subtitle.
By September 1, 2016, and every 5 years thereafter, the State Board, after consultation with local school systems, shall update the model policy required under paragraph (1) of this subsection.
Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school based on the model policy.
The policy shall address the components of the model policy specified in subsection (b)(2) of this section.
A county board shall develop the policy in consultation with representatives of the following groups:
Parents or guardians of students;
School employees and administrators;
School volunteers;
Students; and
Members of the community.
By January 1, 2017, and every 5 years thereafter, each county board shall update its policy based on the State Board’s update of the model policy under subsection (b)(3) of this section.
Each county board shall publicize its policy in student handbooks, school system websites, and any other location or venue the county board determines is necessary or appropriate.
Each county board policy shall include information on the procedure for reporting incidents of bullying, harassment, or intimidation, including:
A chain of command in the reporting process; and
The name and contact information for an employee of the Department, designated by the Department, who is familiar with the reporting and investigation procedures in the applicable school system.
By July 1, 2009, each county board shall submit its policy to the State Superintendent.
By January 1, 2017, and every 5 years thereafter, each county board shall submit its updated policy to the State Superintendent.
Each county board shall develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation in schools:
An educational bullying, harassment, and intimidation prevention program for students, staff, volunteers, and parents; and
A teacher and administrator development program that trains teachers and administrators to implement the policy.
A school employee who reports an act of bullying, harassment, or intimidation under this section in accordance with the county board’s policy established under subsection (c) of this section is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation under this section.
The provisions of this section may not be construed to limit the legal rights of a victim of bullying, harassment, or intimidation.
In this section, “school security officer” includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
“School security officer” does not include a teacher.
By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Services, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.
The model policy developed under subsection (b) of this section shall include:
A statement prohibiting gang activity in schools;
A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;
A definition of gang and gang activity;
Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;
Standard consequences and remedial actions for individuals found to have made false accusations;
Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;
Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;
Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and
Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.
The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.
Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:
Parents or guardians of students;
School employees and administrators;
School volunteers;
Students;
Local law enforcement;
Gang prevention and intervention programs;
The Office of the Public Defender;
The Maryland State’s Attorneys Association; and
Members of the community.
Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.
Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.
Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:
An educational gang awareness program for students, staff, volunteers, and parents; and
A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.
A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.
The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.
Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.
The following individuals shall participate in the meetings described in paragraph (1) of this subsection:
School principals;
School security officers;
Guidance counselors;
Local law enforcement officers;
Representatives from the county State’s Attorney’s Office;
Representatives from the Office of the Public Defender;
Gang prevention and intervention program representatives; and
Any other individuals that the county superintendent considers appropriate.
Each county superintendent shall enter into a memorandum of understanding with the county State’s Attorney’s Office to foster coordination of gang prevention, intervention, and suppression efforts.
On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.
In this section the following words have the meanings indicated.
“Bullying, harassment, or intimidation” has the meaning stated in § 7–424 of this subtitle.
“Nonpublic school” means a nonpublic school that participates in State–funded education programs.
By March 31, 2012, each nonpublic school shall adopt a policy prohibiting bullying, harassment, and intimidation.
The policy adopted under subsection (b) of this section shall include:
A statement prohibiting bullying, harassment, and intimidation in the school;
A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;
A definition of bullying, harassment, and intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;
Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation, including:
Specific penalties for persons who repeatedly commit acts of bullying, harassment, or intimidation; and
A requirement that persons who commit acts of bullying, harassment, or intimidation receive educational and therapeutic services concerning bullying prevention;
Standard consequences and remedial actions for persons found to have made false accusations;
Standard procedures for reporting acts of bullying, harassment, or intimidation, including a chain of command in the reporting process;
Standard procedures for providing notice of an act of bullying, harassment, or intimidation to:
A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and
A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;
Standard procedures for the prompt investigation of acts of bullying, harassment, or intimidation;
Standard procedures for protecting victims of bullying, harassment, or intimidation from additional acts of bullying, harassment, or intimidation, and from retaliation; and
Information about the types of support services available to a student bully or victim and any bystanders.
A nonpublic school is encouraged to develop the policy adopted under subsection (b) of this section in consultation with the following groups:
Parents or guardians of students;
School employees and administrators;
School volunteers; and
Students.
A nonpublic school is encouraged to publicize the policy adopted under subsection (b) of this section in student handbooks, on the school’s website, and any other location or venue the school determines is necessary or appropriate.
A nonpublic school is encouraged to develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation:
An educational bullying, harassment, and intimidation prevention program for students, staff, volunteers, and parents; and
A teacher and administrator development program that trains teachers and administrators to implement the policy adopted under subsection (b) of this section.
An employee of a nonpublic school who reports an act of bullying, harassment, or intimidation in accordance with the nonpublic school’s policy adopted under subsection (b) of this section is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation in accordance with the policy.
The provisions of this section may not be construed to:
Limit the legal rights of a victim of bullying, harassment, or intimidation; or
Require a statewide policy in nonpublic schools relating to bullying, harassment, and intimidation.
Each county board shall develop and implement an automated external defibrillator program that meets the requirements of § 13–517 of this article for each high school and middle school in the county.
The Department, in consultation with the Maryland Department of Health, the Maryland State School Health Council, and the Maryland Institute for Emergency Medical Services Systems, shall adopt regulations that:
Establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators; and
Assist county boards in carrying out the provisions of this section.
Each middle school and high school shall develop a venue–specific emergency action plan for the operation and use of automatic external defibrillators that meets the requirements of § 7–450 of this subtitle.
The Department and the Maryland Department of Health shall jointly establish guidelines for public schools regarding providing emergency medical care to students with special health needs.
The guidelines shall include:
Procedures for the emergency administration of medication and the proper follow–up emergency procedures;
A description of parental or caregiver responsibilities, including:
School notification of a child’s special health care needs or diagnosis;
Providing appropriate medication and delivery devices and medical condition indication devices including Medic Alert bracelets or necklaces;
Parental consent for the administration of medications; and
Providing an emergency card for medical emergencies with current contact names and telephone numbers;
A description of school responsibilities, including:
Training for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel;
Providing and distributing the required notices and forms for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate material; and
Providing outreach and education for parents and other caregivers regarding providing emergency medical care to students with special health needs;
A description of student responsibilities that are age and condition appropriate; and
Any other issue that is relevant to the emergency medical care of students with special health needs.
The Department and the Maryland Department of Health shall:
Provide technical assistance to schools to:
Implement the guidelines established under this section; and
Train school personnel at the local level; and
Develop a process to monitor the implementation of the guidelines established under this section.
In this section the following words have the meanings indicated.
“Anaphylactic allergy” means a food allergy that causes a severe, systematic reaction resulting in circulatory collapse or shock that may be fatal.
“Employee” means an individual who is employed by a local board of education, including part–time employees, certified and noncertified substitute teachers employed by the local board of education for at least 7 days each school year, maintenance workers, and administrative staff.
“Major food allergen” means:
Milk;
Eggs;
Fish;
Crustacean shellfish;
Tree nuts;
Wheat;
Peanuts;
Soybeans; and
Sesame.
“Self–administer” means the application or consumption of medications in a manner prescribed by a health practitioner who is licensed, certified, or otherwise authorized under the Health Occupations Article to prescribe medications and medication delivery devices by the individual for whom the medication was prescribed without additional assistance or direction.
Before the start of the 2024–2025 school year, each county board shall adopt and implement guidelines in accordance with the Maryland State school health service guidelines to reduce the risk of exposure to anaphylactic major food allergens in classrooms and common areas.
At a minimum, the guidelines under paragraph (1) of this subsection shall:
If appropriate, in accordance with the collective bargaining agreement, describe the roles and responsibilities of parents, administrators, health care staff, educators, food service employees, and operations staff;
Emphasize communication and collaboration between school staff, students, and parents, including:
Notification of a student’s anaphylactic allergy to educators and other school staff who come into contact with the student; and
Notification to parents and students about measures the school is taking to avoid exposure to food allergens;
Provide information to parents about 504 plans and their applicability to students with anaphylactic allergies;
Designate school areas that are food–free;
Designate tables in the cafeteria to be used by students with anaphylactic allergies that are free of foods containing the major food allergens of the student users;
Provide guidelines for who may use or accompany students using tables free of major food allergens;
Promote handwashing and other methods for the safe handling of food;
Provide guidelines for the handling of food on school–provided transportation;
Provide guidelines designed to ensure that students with anaphylactic allergies are able to participate in school events, after–school activities, and field trips;
Provide guidance for food distribution by outside public or private individuals, groups, and entities holding functions on school grounds; and
Establish strategies to reduce bullying and harassment of students with anaphylactic allergies.
Each county board shall publish the guidelines adopted under this subsection on its website and by any other method determined appropriate by the board.
Subject to paragraph (3) of this subsection, each public school shall develop a system to disclose, within a reasonable time in advance of service, the foods served in the school and the major food allergens contained in the food.
A disclosure made under this subsection may be by:
Direct electronic or physical messages sent to the school community; or
Posting on the Internet.
Before January 1, 2026, a public school may not be required to dispose of a food product made or purchased before January 1, 2023, that was labeled in accordance with federal law before the effective date of the requirement that sesame be listed on the food product label under the federal Food Allergy Safety, Treatment, Education, and Research Act of 2021.
If a public school is using a food product that was made or purchased before January 1, 2023, the school shall disclose that the food may contain sesame.
In consultation with a school health professional, the principal of a public school that has a child attending the school who has been identified to the school as having an anaphylactic allergy shall:
Monitor and implement, as necessary, the strategies developed in accordance with the Maryland State school health service guidelines to reduce the risk of exposure to anaphylactic causative agents in classrooms and common areas;
Monitor and implement the guidelines established by the county board under subsection (b) of this section; and
Establish procedures for self–administration of medication by the child if the child is determined to be capable of and responsible for self–administration by the principal, parent or guardian of the child, and physician of the child.
A school may revoke the authority of a child to self–administer medication if the child endangers himself or herself or another child through misuse of the medication.
Except for any willful or grossly negligent act, an employee who responds in good faith to the anaphylactic reaction of a child in accordance with this section is immune from civil liability for any act or omission in the course of responding to the reaction.
If a child has authority to self–administer medication in accordance with subsection (d)(3) of this section, a local county board may require the parent or guardian of the child to sign a statement acknowledging that the school or its employee incurs no liability as a result of injury arising from self–administration by the child.
In this section the following words have the meanings indicated.
“Anaphylaxis” means a sudden, severe, and potentially life–threatening allergic reaction that occurs when an individual is exposed to an allergen.
“Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
Each county board shall establish a policy for public schools within its jurisdiction to authorize the school nurse and other school personnel to administer emergency use epinephrine, if available, to a student who is determined to be or perceived to be in anaphylaxis, regardless of whether the student:
Has been identified as having an anaphylactic allergy, as defined in § 7–426.1 of this subtitle; or
Has a prescription for epinephrine as prescribed by an authorized licensed health care practitioner under the Health Occupations Article.
The policy established under subsection (b) of this section shall include:
Training for school personnel on how to recognize the symptoms of anaphylaxis;
Procedures for the emergency administration of emergency use epinephrine;
The proper follow–up emergency procedures;
A provision authorizing a school nurse to obtain and store at a public school emergency use epinephrine to be used in an emergency situation; and
A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.
Except for any willful or grossly negligent act, a school nurse or other school personnel who respond in good faith to the anaphylactic reaction of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the reaction.
Each public school shall submit, on the form that the Department requires, a report to the Department on each incident at the school or at a related school event that required the use of emergency use epinephrine.
The Department shall develop and disseminate a standard form to report each incident requiring the use of emergency use epinephrine at a public school.
In this section the following words have the meanings indicated.
“Anaphylaxis” means a sudden, severe, and potentially life–threatening allergic reaction that occurs when an individual is exposed to an allergen.
“Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
“School personnel” means individuals who are employed by a nonpublic school, including part–time employees, teachers and substitute teachers employed by the school for at least 7 days each school year, a school nurse, registered nurse case manager, delegating nurse, and administrative staff.
Each nonpublic school in the State may establish a policy authorizing school personnel to administer emergency use epinephrine, if available, to a student who is determined to be or perceived to be in anaphylaxis, regardless of whether the student:
Has been identified as having an anaphylactic allergy, as defined in § 7–426.1 of this subtitle; or
Has a prescription for epinephrine as prescribed by an authorized licensed health care practitioner under the Health Occupations Article.
The policy established under subsection (b) of this section shall include:
Training for school personnel on how to recognize the signs and symptoms of anaphylaxis by a licensed health care practitioner who is authorized to administer emergency use epinephrine and who has been trained in an established protocol on how to recognize the signs and symptoms of anaphylaxis;
Procedures for the emergency administration of emergency use epinephrine;
The proper follow–up emergency procedures;
A provision authorizing a school nurse or other licensed health care practitioner to obtain, and school personnel to store, at a nonpublic school emergency use epinephrine to be used in an emergency situation;
A requirement that the nonpublic school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year; and
An ongoing process for oversight and monitoring by a licensed health care practitioner of the implementation of the policy established under subsection (b) of this section.
Except for any willful or grossly negligent act, school personnel who respond in good faith to the anaphylactic reaction of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the reaction.
The Department and the Maryland Department of Health jointly shall establish guidelines for public schools regarding the administration of health care services to students with diabetes.
The guidelines shall include:
Procedures for treating and administering medication to control diabetic symptoms;
Procedures for monitoring blood glucose and ketone levels;
A description of parental or caregiver responsibilities in relation to the care of their child with diabetes, including:
Notifying a school of a child’s diabetes diagnosis;
Providing appropriate medication, delivery devices, and medical condition indication devices, including Medic Alert bracelets or necklaces;
Providing parental consent for the administration of medications; and
Providing an emergency card for medical emergencies with up–to–date contact names and telephone numbers;
A description of school responsibilities in relation to the care of a student with diabetes, including:
Instruction by the school nurse for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel, as determined by the school nurse, including instruction on:
Recognizing the symptoms of hypoglycemia and hyperglycemia and the appropriate actions to take to control the symptoms;
Administering glucagon in an emergency in accordance with health care provider orders; and
Implementing a student’s medical plan and a student’s 504 plan;
Providing and distributing the required documents for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate documents to the appropriate individuals or entities; and
Ensuring that appropriate school personnel are available to administer insulin during the school day and during other school–sponsored events and activities;
A description of student responsibilities in relation to the student’s diabetes care that are age and clinically appropriate;
Establishing procedures for students who have been determined by the school nurse to be capable of and responsible for self–management of their diabetes in accordance with health care provider orders; and
Any other issue that is relevant to the administration of health care services to students with diabetes.
The Department and the Maryland Department of Health shall:
Provide technical assistance to schools to:
Implement the guidelines established under this section; and
Instruct school personnel at the local level regarding the guidelines established under this section; and
Develop a process to monitor the implementation of the guidelines established under this section.
An individual who has received instruction to provide diabetes care services to students in accordance with the guidelines adopted under this section is not civilly liable for any act or omission in the course of providing diabetes care services to a student if:
The individual is acting in good faith while providing diabetes care services to a student who is in need of diabetes care services or to a student who the individual believes in good faith to be in need of diabetes care services;
The diabetes care services are provided in a reasonably prudent manner; and
The diabetes care services are provided to the student without fee or other compensation.
Paragraph (1) of this subsection does not affect, and may not be construed to affect, any immunities from civil liability or defenses established by any other provision of law to which an individual may be entitled.
Each county board shall establish a policy in accordance with school health guidelines and State laws and regulations for public schools within its jurisdiction to authorize the school nurse, school health services personnel, and other school personnel to administer naloxone or other overdose–reversing medication to a student or other person located on school property who is reasonably believed to be experiencing an opioid overdose.
The policy established under subsection (a) of this section shall include:
A provision requiring all public schools to obtain and store at the public school naloxone or other overdose–reversing medication to be used in an emergency situation; and
A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.
Except for any willful or grossly negligent act, any of the following individuals who respond in good faith to the overdose emergency of a student in accordance with this section may not be held personally liable for any act or omission in the course of responding to the emergency:
A school nurse;
Other school health services personnel who are licensed or certified to practice a health occupation under the Health Occupations Article; or
Other school personnel.
The county board or the local health department shall, by local agreement:
Hire a sufficient number of either county or regional community action officials; or
Develop and implement a program that provides the community relations and education functions required to be conducted by community action officials in paragraph (2) of this subsection.
A county or regional community action official shall:
Coordinate school–based community forums, in cooperation with local law enforcement officials; and
Conduct public relations efforts that include the following:
Parent contact;
Electronic media; and
Public service announcements.
For fiscal year 2019, the Governor shall include an appropriation of at least $3,000,000 in general funds in the State budget for the Department for the purpose of awarding grants to county boards to implement the policy and conduct the training required under this section.
The Department shall disburse the grants authorized under paragraph (1) of this subsection based on the enrollment count of students in public schools in the State for the prior fiscal year.
On or before October 1 each year, each public school shall submit, on the form that the Department requires, a report to the Department on each incident at the school that required the use of naloxone or other overdose–reversing medication.
The Department shall develop and disseminate a standard form to report each incident requiring the use of naloxone or other overdose–reversing medication at a public school.
On or before December 1, 2018, December 1, 2019, and December 1, 2020, the Department shall report the information provided under paragraph (1) of this subsection to the General Assembly in accordance with § 2–1257 of the State Government Article.
In this section the following words have the meanings indicated.
“Asthma” means a chronic lung disease that inflames and narrows air passages, causing recurring periods of wheezing, chest tightness, shortness of breath, and coughing.
“Bronchodilator” means medication that relaxes bronchial muscles, resulting in the expansion of bronchial air passages to provide fast treatment of asthma–related symptoms and symptoms of respiratory distress.
“School personnel” means individuals who are employed by a public school, or, in the case of some school health staff, by a local health department.
“School personnel” includes part–time employees, teachers, substitute teachers employed by the school for at least 7 days each school year, registered nurse case managers, delegating nurses, and administrative staff.
Except as provided in paragraph (2) of this subsection, the Maryland Department of Health, in consultation with county boards, shall establish a policy for public schools to authorize the school nurse and designated school personnel to administer a bronchodilator to a student who is determined by an individual who has undergone the training provided under subsection (c) of this section to be, or is perceived to be, experiencing asthma–related symptoms or is perceived to be in respiratory distress, regardless of whether the student:
Has been diagnosed with asthma or reactive airway disease; or
Has been prescribed a bronchodilator by an authorized licensed health care practitioner under the Health Occupations Article.
Neither a school nurse nor any other designated school personnel may administer a bronchodilator to a prekindergarten student unless the student has been diagnosed with asthma or a reactive airway disease and has a prescription for a bronchodilator as prescribed by the student’s health care practitioner.
The Department, in consultation with the Maryland Department of Health, the American Lung Association, and the Asthma and Allergy Foundation of America, shall identify or develop training to:
Identify the symptoms of asthma and respiratory distress;
Identify the symptoms of anaphylaxis; and
Distinguish between anaphylaxis and asthma or respiratory distress.
The training identified or developed under paragraph (1) of this subsection shall be provided to school nurses and voluntary school personnel who are designated by a school nurse and, in the clinical judgment of the school nurse, are appropriate recipients of the training.
The training provided under this subsection shall be a paid professional development training.
The policy established under subsection (b) of this section shall include:
The training required under subsection (c) of this section;
Procedures for the emergency administration of a bronchodilator by a school nurse or designated school personnel;
Procedures for recognizing the need to administer a bronchodilator and for administering a bronchodilator based on the severity of the symptoms being experienced by a student;
The proper follow–up emergency procedures;
A provision requiring that bronchodilators and modes of delivery, including inhalers with spacers, be stored in public schools to be used in an emergency situation;
A provision authorizing a county board to obtain a standing order for the administration of bronchodilators; and
A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.
An authorized licensed health care practitioner may provide bronchodilators to a school nurse or designated school personnel for use in accordance with this section.
Bronchodilators and modes of administration, including inhalers with spacers, used by a school nurse or designated school personnel must be from a licensed pharmacy or manufacturer.
A county board or public school may accept donated bronchodilators and modes of administration, including inhalers with spacers, from a licensed pharmacy or manufacturer.
A county board may apply for grants to obtain funding for the purchase of bronchodilators and modes of administration, including inhalers with spacers.
Except for any willful or grossly negligent act, a school nurse or any other school personnel who respond in good faith to the asthma attack or respiratory distress of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the child in distress.
Except for any willful or grossly negligent act, a health care provider who prescribes or dispenses a bronchodilator used to treat a child in accordance with paragraph (1) of this subsection may not be held personally liable for any act or omission that occurs in the course of responding to the child in distress.
For each incident at the school or at a related school event that requires the use of a stock bronchodilator in accordance with this section, each public school shall:
Notify the student’s parent or legal guardian of the incident; and
Make a record of the incident, on the form that the Department requires, and file the form in the student’s school medical record.
Each public school shall submit to the Department a report, on the form and schedule required by the Department, on the number of incidents at the school or at a related school event that required the use of a stock bronchodilator in accordance with this section.
The Department shall develop and disseminate standard forms to record each incident and report incidents requiring the use of a bronchodilator at a public school.
In this section the following words have the meanings indicated.
“Asthma” means a chronic lung disease that inflames and narrows air passages, causing recurring periods of wheezing, chest tightness, shortness of breath, and coughing.
“Bronchodilator” means medication that relaxes bronchial muscles, resulting in the expansion of bronchial air passages to provide fast treatment of asthma–related symptoms and symptoms of respiratory distress.
“School personnel” means individuals who are employed by a nonpublic school, including part–time employees, teachers and substitute teachers employed by the school for at least 7 days each school year, registered nurse case managers, delegating nurses, and administrative staff.
Except as provided in paragraph (2) of this subsection, each nonpublic school in the State may establish a policy authorizing the school nurse and designated school personnel to administer a bronchodilator to a student who is determined by an individual who has undergone the training developed under § 7–426.6(c) of this subtitle to be, or is perceived to be, experiencing asthma–related symptoms or is perceived to be in respiratory distress, regardless of whether the student:
Has been diagnosed with asthma or reactive airway disease; or
Has been prescribed a bronchodilator by an authorized licensed health care practitioner under the Health Occupations Article.
A school nurse or any other designated school personnel may not administer a bronchodilator to a prekindergarten student unless the student has been diagnosed with asthma or a reactive airway disease and has a prescription for a bronchodilator as prescribed by the student’s health care practitioner.
The policy established under subsection (b) of this section shall include:
The training identified or developed under § 7–426.6(c) of this subtitle for school nurses and voluntary school personnel who are designated by a school nurse and, in the clinical judgment of the school nurse, are appropriate recipients of the training;
Procedures for the emergency administration of a bronchodilator by a school nurse or designated school personnel;
Procedures for recognizing the need to administer a bronchodilator and for administering a bronchodilator based on the severity of the symptoms being experienced by a student;
The proper follow–up emergency procedures;
A provision requiring that bronchodilators and modes of delivery, including inhalers with spacers, be stored in nonpublic schools to be used in an emergency situation;
A requirement that the nonpublic school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year;
A provision authorizing a nonpublic school to obtain a standing order for the administration of bronchodilators; and
An ongoing process for oversight and monitoring by a licensed health care practitioner of the implementation of the policy established under subsection (b) of this section.
An authorized licensed health care practitioner may provide bronchodilators to a school nurse or designated volunteer for use in accordance with this section.
Bronchodilators and modes of administration, including inhalers with spacers, used by a school nurse or designated school personnel must be from a licensed pharmacy or manufacturer.
A nonpublic school may accept donated bronchodilators and modes of administration, including inhalers with spacers, from a licensed pharmacy or manufacturer.
A nonpublic school may apply for grants to obtain funding for the purchase of bronchodilators and modes of administration, including inhalers with spacers.
Except for any willful or grossly negligent act, a school nurse or any other school personnel who respond in good faith to the asthma attack or respiratory distress of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the child in distress.
Except for any willful or grossly negligent act, a health care provider who prescribes or dispenses a bronchodilator used to treat a child in accordance with paragraph (1) of this subsection may not be held personally liable for any act or omission that occurs in the course of responding to the child in distress.
The Department, in collaboration with the Maryland Department of Health, shall provide awareness and training for Directors of Student Services in local education agencies on self–mutilation, including injury by cutting.
The Maryland Department of Health shall provide to the Department:
Resource information on self–mutilation, including injury by cutting, to be distributed to local school supervisors of health, counseling, and psychology; and
Materials for distribution that describe local, State, and national resources to which students, parents, counselors, and school personnel can refer for information on self–mutilation, including injury by cutting.
In this section the following words have the meanings indicated.
“Trauma–informed approach” means a method for understanding and responding to an individual with symptoms of chronic interpersonal trauma or traumatic stress.
“Trauma–informed school” means a school that:
Acknowledges the widespread impact of trauma and understands the potential paths for recovery;
Recognizes the signs and symptoms of trauma in students, teachers, and staff;
Integrates information about trauma into policies, procedures, and practices; and
Actively resists retraumatizing a student, teacher, or staff member who has experienced trauma.
The Department, in consultation with the Maryland Department of Health and the Department of Human Services, shall develop guidelines on a trauma–informed approach that will assist schools with:
Implementing a comprehensive trauma–informed policy at the school;
The identification of a student, teacher, or staff member who has experienced trauma;
The appropriate manner for responding to a student, teacher, or staff member who has experienced trauma;
For schools participating in the Handle With Care program, the appropriate manner for responding to a student who is identified as a “handle with care” student; and
Becoming a trauma–informed school.
The Department shall:
Distribute the guidelines developed under this subsection to each local school system; and
Publish the guidelines on the trauma–informed approach on the Department’s website.
The Department, in collaboration with the Maryland Department of Health, shall provide awareness and training for Directors of Student Services in local education agencies on inhalant abuse.
The Maryland Department of Health shall provide to the Department:
Resource information on inhalant abuse to be distributed to local school supervisors of health, counseling, and psychology; and
Materials for distribution that describe local, State, and national resources to which students, parents, counselors, and school personnel can refer for information on inhalant abuse.
This section applies only in Howard County.
The county board shall cause to be conducted a test and inspection of the water for bacteria in each public school in the county that is served by well water.
On receipt of the results of each test and inspection, the county board shall post the information on its public website.
The Maryland Police Training and Standards Commission, in consultation with the Department, shall develop a cultural competency model training curriculum for law enforcement officers assigned to public schools.
The cultural competency model training curriculum shall teach behaviors, attitudes, and policies that enable law enforcement officers to understand, communicate with, and effectively interact with the individuals, organizations, and institutions in the community in which the public school to which a law enforcement officer is assigned is located.
The cultural competency model training curriculum shall include:
Personal exposure to the individuals, organizations, and institutions within the assigned community; and
Knowledge of government and community services available to help prevent juvenile arrests.
A law enforcement officer who is assigned to patrol a school building or school grounds is encouraged to complete the cultural competency model training curriculum established under subsection (b) of this section before the law enforcement officer begins an assignment in a public school.
Each county board shall provide each student in grades six through twelve with the telephone number of the 988 Suicide and Crisis Lifeline by:
Printing the telephone number prominently in the school handbook; and
Printing the telephone number on a student’s school identification card, if provided.
The Department, in collaboration with the Maryland Department of Health, shall provide awareness and training for Directors of Student Services in local education agencies on human trafficking, including strategies for the prevention of trafficking of children.
The Maryland Department of Health, in consultation with experts in the field of human trafficking prevention, shall provide to the Department:
Resource information on human trafficking, including strategies for prevention of trafficking of children, to be distributed to local school supervisors of health, counseling, and psychology; and
Materials for distribution that describe local, State, and national resources to which students, parents, counselors, and school personnel can refer for information on human trafficking, including strategies for prevention of trafficking of children.
In this section the following words have the meanings indicated.
“Concussion” means a traumatic injury to the brain causing an immediate and, usually, short–lived change in mental status or an alteration of normal consciousness resulting from:
A fall;
A violent blow to the head or body; or
The shaking or spinning of the head or body.
“Youth sports program” means a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years.
The Department shall develop policies and implement a program to provide awareness to coaches, school personnel, students, and the parents or guardians of students, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, the Brain Injury Association of Maryland, and representatives of licensed health care providers who treat concussions, on:
The nature and risk of a concussion or head injury;
The criteria for removal from and return to play;
The risks of not reporting injury and continuing to play; and
Appropriate academic accommodations for students diagnosed as having sustained a concussion or head injury.
The program shall include a process to verify that a coach has received information on the program developed under paragraph (1) of this subsection.
Before a student enrolled in a public school system in the State may participate in an authorized interscholastic athletic activity, the county board shall provide a concussion and head injury information sheet to the student and a parent or guardian of the student.
The student and the parent or guardian of the student shall sign a statement acknowledging receipt of the information sheet.
The Department shall create the information sheet and acknowledgment statement required under this paragraph.
The Department may use materials available from the Centers for Disease Control and Prevention, the Brain Injury Association of Maryland, or any other appropriate entity to carry out the requirements of this subsection.
A student who is suspected of sustaining a concussion or other head injury in a practice or game shall be removed from play at that time.
A student who has been removed from play may not return to play until the student has obtained written clearance from a licensed health care provider trained in the evaluation and management of concussions.
Before an individual participates in an authorized athletic activity on school property, the county board shall provide, or require that a third party provide:
Information on concussions and head injuries to the individual and, if applicable, a parent or guardian of the individual; and
Notice that acknowledgment of the receipt of the information by the individual and, if applicable, the parent or guardian of the individual, is required.
The information required under paragraph (1) of this subsection shall be in the form of:
A separate information sheet; or
A notice on the registration form for a youth sports program stating that information on concussion and head injury is available, including directions on how to receive the information electronically.
The individual and, if applicable, the parent or guardian of the individual shall:
Acknowledge receipt of the information by:
Signature;
Checking an acknowledgment box on the registration form; or
Another method of written or electronic acknowledgment; and
Return the acknowledgment to the county board or third party.
A youth sports program that uses a public school facility shall provide annually to the county board or the board’s agent a statement of intent to comply for all of its athletic activities with the requirements for the management of a concussion or other head injury of a participant under this section.
In this section the following words have the meanings indicated.
“Heat acclimatization” means enhancing an individual’s exercise heat tolerance and ability to exercise safely and effectively in warm to hot conditions.
“Practice” means a period of time a student athlete engages in physical activity during a coach–supervised, school–approved sports– or conditioning–related activity, including warm–up, stretching, weight training, and cool–down periods.
“Preseason practice” means the initial 14 days of practice for a student athlete.
“Recovery period” means the time between the end of one practice or walk–through and the beginning of the next practice or walk–through.
“Student athlete” means a student who participates in an athletic program for high school students in a State secondary school that is a member of the Maryland Public Secondary Schools Athletic Association.
“Walk–through” means a teaching opportunity when an athlete is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or shin guards, or using other sports–related equipment.
“Walk–through” does not include any part of a practice period.
The Department, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, and representatives of licensed health care providers who treat student athletes, shall develop a model policy for preseason–practice heat acclimatization guidelines for student athletes.
Each local board shall adopt preseason–practice heat acclimatization guidelines for student athletes consistent with the Model Policy for Preseason–Practice Heat Acclimatization Guidelines for Student Athletes established under paragraph (1) of this subsection.
The preseason–practice heat acclimatization guidelines shall include requirements for the duration of a practice time, a walk–through, and a recovery period during preseason practice.
Each middle school and high school shall develop a venue–specific emergency action plan for heat acclimatization that meets the requirements of § 7–450 of this subtitle.
On or before December 1, 2017, the Department shall, in consultation with disability advocacy groups, update the Emergency Planning Guidelines for Local School Systems and Schools to accommodate, safeguard, and evacuate students, staff, and visitors with disabilities on public school grounds in accordance with the federal Americans with Disabilities Act.
On or before July 1, 2018, each local school system shall update the local school system’s emergency plan to comply with the update of the Department’s guidelines and regulations under subsection (a) of this section.
If a student with an IEP requires specific accommodations for evacuation in an emergency, the student’s IEP shall include accommodations for the student during an emergency.
If a student with a 504 plan requires specific accommodations for evacuation in an emergency, the student’s 504 team shall discuss and address the student’s needs as necessary.
In this section the following words have the meanings indicated.
“Athletic activity” means:
Interscholastic athletics;
An athletic contest or competition that is sponsored by or associated with a school; and
Practices and scrimmages.
“Athletic activity” includes cheerleading and sports sponsored by school–affiliated organizations.
“Sudden cardiac arrest” means a condition in which the heart suddenly and unexpectedly stops beating.
“Youth sports program” means a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years.
Nothing in this section may be construed to create, establish, expand, reduce, contract, or eliminate any civil liability on the part of a county board employee, school employee, or youth sports program volunteer.
The Department shall develop policies and implement a program to provide awareness to coaches, school personnel, students, and the parents or guardians of students, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, Parent Heart Watch, and licensed health care providers who treat heart issues, on:
The nature and warning signs of sudden cardiac arrest, including fainting, difficulty breathing, chest pains, dizziness, and abnormal heart rate; and
The risks associated with continuing to play or practice after experiencing a symptom of sudden cardiac arrest.
The program shall include a process to verify that a coach has received information on the program developed under paragraph (1) of this subsection.
Before a student enrolled in a public school system in the State may participate in an authorized athletic activity, the county board shall provide a sudden cardiac arrest symptoms and warning signs information sheet to the student and a parent or guardian of the student.
The student and the parent or guardian of the student shall sign a statement acknowledging receipt of the information sheet.
The Department shall create the information sheet and acknowledgment statement required under this paragraph.
The Department may use materials available from the Centers for Disease Control and Prevention, Parent Heart Watch, Sudden Arrhythmia Death Syndromes Foundation, or any other appropriate entity to carry out the requirements of this subsection.
A public school may hold an informational meeting before the start of each athletic season regarding the symptoms and warning signs of sudden cardiac arrest.
Before an individual participates in an authorized athletic activity on school property, the county board shall provide, or require that a third party provide:
Information on sudden cardiac arrest to the individual and, if applicable, a parent or guardian of the individual; and
Notice that acknowledgment of the receipt of the information by the individual and, if applicable, the parent or guardian of the individual, is required.
The information required under paragraph (1) of this subsection shall be in the form of:
A separate information sheet; or
A notice on the registration form for a youth sports program stating that information on sudden cardiac arrest is available, including directions on how to receive the information electronically.
The individual and, if applicable, the parent or guardian of the individual shall:
Acknowledge receipt of the information by:
Signature;
Checking an acknowledgment box on the registration form; or
Another method of written or electronic acknowledgment; and
Return the acknowledgment to the county board or third party.
A youth sports program that uses a public school facility shall provide annually to the county board or the board’s agent a statement of intent to comply for all its athletic activities with the requirements of subsection (e) of this section.
A youth sports program that does not use a public school facility is encouraged to follow the guidelines of this section.
In this section the following words have the meanings indicated.
“Behavioral health services” means prevention, intervention, and treatment services for the social–emotional, psychological, behavioral, and physical health of students, including mental health and substance abuse disorders.
“Community–partnered school behavioral health services program” means a program that provides behavioral health services to students by community behavioral health providers in partnership with public schools and families that augment the behavioral health services and supports provided by public schools.
“Community–partnered school behavioral health services program” does not include school–based health centers.
The Department, in consultation with the Maryland Department of Health, county boards, and other interested stakeholders, as determined by the Department, shall develop and implement a standardized reporting system to determine the effectiveness of community–partnered school behavioral health services programs.
The standardized reporting system developed under paragraph (1) of this subsection shall use measures that collect data on the outcomes of students who receive behavioral health services from community–partnered school behavioral health services programs, including a student’s academic, behavioral, social, and emotional functioning and progress.
On or before December 1, 2017, and every 2 years thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly that provides an analysis of the effectiveness of community–partnered school behavioral health services programs.
In this section, “nonpublic school” means a noncollegiate educational institution that:
Holds a certificate of approval from the State Board under § 2–206(e) of this article; and
Participates in the Nonpublic Schools Textbook and Technology Grants Program.
The State Board and each nonpublic school in the State shall develop and implement a program of age–appropriate education on the awareness and prevention of sexual abuse and assault.
The program required under paragraph (1) of this subsection shall be:
Taught by a teacher who is trained to provide instruction on the awareness and prevention of sexual abuse and assault; and
Incorporated into the health curriculum of each county board and each nonpublic school.
The State Board shall adopt regulations to carry out the provisions of this section.
In this section the following words have the meanings indicated.
“Behavioral health counseling services” means prevention, intervention, and treatment services for the social–emotional, psychological, behavioral, and physical health of students, including mental health and substance abuse disorders.
“Health care provider” has the meaning stated in § 20–104 of the Health – General Article.
The Maryland Department of Health, in conjunction with the Department, shall recommend best practices for county boards of education to provide to students:
Behavioral needs assessments; and
Individualized or group behavioral health counseling services with a health care provider through a school–based health center or through community partnered school–based behavioral health services.
This section may not be construed to require a county board to provide behavioral needs assessments or individualized or group behavioral health counseling services to students.
Each public school is encouraged to post the appropriate telephone number for reporting suspected child abuse or neglect conspicuously in a high–traffic, widely used area of the school.
Each county board shall ensure that the appropriate telephone number for reporting suspected child abuse or neglect is published:
In each public school’s student handbook; and
On the website of the county board or local school system.
In this section, “sunscreen” means a topical sunscreen product that is:
Used to prevent the effects of overexposure to the sun and not for medical treatment of an injury or illness; and
Approved by the federal Food and Drug Administration for over–the–counter use.
Each county board shall adopt a written policy authorizing a student to possess and use sunscreen on school property or at a school–sponsored activity without written permission from a health care provider.
Each county board shall encourage public schools to educate students about sunscreen, sun safety, and the policy established under subsection (b) of this section.
On or before June 1, 2019, the Department, in consultation with the Maryland Department of Health, shall develop health and safety best practices for the use of digital devices in school classrooms.
On or before July 1, 2019, the Department shall provide the best practices to each county board and nonpublic school for consideration and adoption.
On or before August 1, 2019, the Department and the Maryland Department of Health shall develop guidelines for public schools regarding the administration of health care services to students with sickle cell disease.
The guidelines shall include:
Procedures for educating clinical and nonclinical school personnel and individuals who work with students who are participating in school–related activities about symptoms of distress related to sickle cell disease;
Protocols to ensure students with sickle cell disease receive care as determined by orders from the student’s provider and the school nurse’s assessment during school and school–sponsored after–school activities; and
Any other issue pertaining to the administration of health care services to students with sickle cell disease.
On or before September 1, 2019, the Department and the Maryland Department of Health shall:
Provide technical assistance to schools to:
Implement the guidelines established under this section; and
Instruct school personnel at the local level regarding the guidelines established under this section; and
Develop a process to monitor the implementation of the guidelines.
In this section, “consent” means the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect for personal boundaries.
Beginning in the 2018–2019 school year, a county board shall provide age–appropriate instruction on the meaning of “consent” and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade in which the curriculum is taught in public schools in the county.
On or before December 31, 2020, the Department and the Natalie M. LaPrade Medical Cannabis Commission jointly shall develop guidelines for public schools allowing the administration of medical cannabis to students who are qualifying patients under Title 13, Subtitle 33 of the Health – General Article during school hours and school–sponsored activities and while on a school bus.
The guidelines shall establish:
The school personnel who are authorized to administer medical cannabis to a student who is a qualifying patient during school hours and school–sponsored activities and while on a school bus;
Specific locations, including a requirement that a school allow the administration of medical cannabis in the school building, where medical cannabis may be administered to a student who is a qualifying patient during school hours and school–sponsored activities and while on a school bus;
Procedures for educating any designated school personnel on safety considerations for patient use of medical cannabis as it relates to a school setting;
Protocols to ensure students who are qualifying patients receive care during school hours and school–sponsored activities and while on a school bus;
Security protocols for the possession, storage, and loss or theft of medical cannabis on school property;
A plan for the administration of medical cannabis that must include labeling as well as dosing, timing, and delivery route instructions as provided by the certifying provider’s written instructions;
A clear prohibition on any method of administration of medical cannabis that includes smoking or vaping;
Notice requirements to appropriate school personnel, parents and guardians or caregivers, and local law enforcement, if necessary;
Whether the medical cannabis may be retained on school grounds at the end of the school day or school–sponsored activity or whether it must be returned to the student’s caregiver; and
Any other necessary guidelines on issues concerning the administration of medical cannabis to students who are qualifying patients during school hours and school–sponsored activities and on a school bus.
Each nonpublic school in the State may establish a policy regarding the administration of medical cannabis to students who are qualifying patients under Title 13, Subtitle 33 of the Health – General Article during school hours and school–sponsored activities.
Notwithstanding subsection (b) of this section, a school nurse may not be required to administer medical cannabis to a student who is a qualifying patient.
In this section the following words have the meanings indicated.
“Behavioral health services” means trauma–informed prevention, intervention, and treatment services for the social–emotional, psychological, and behavioral health of students, including mental health and substance use disorders.
“Coordinated community supports partnership” has the meaning stated in § 7–447.1 of this subtitle.
Each local school system shall appoint a behavioral health services coordinator.
In addition to the requirements under Subtitle 15 of this title, each behavioral health services coordinator shall:
Coordinate existing behavioral health services and referral procedures for behavioral health services within the local school system, including through a coordinated community supports partnership;
Working in collaboration with the local health department, the local department of social services, and other local entities that provide behavioral health services, including a community supports partnership, ensure that a student who is referred for behavioral health services obtains the necessary services in a timely manner;
Maximize external funding for behavioral health and wraparound services;
Have at a minimum a master’s degree and behavioral health training experience in schools;
Provide the required behavioral health training under § 6–122 of this article; and
Develop and implement a standardized screening to identify students with behavioral health services needs using an evidence–based measurement approach.
The Department shall dedicate staff to coordinate with behavioral health services coordinators and staff in local education agencies.
The Department shall designate an employee to be the primary contact for school behavioral health services to work with school–based behavioral health providers and to assist in expanding services through coordinated community supports partnerships.
The Maryland Department of Health shall designate an employee to be the primary contact for school behavioral health services to work with school–based behavioral health providers and to assist in expanding services through coordinated community supports partnerships.
The staff in the Department will be responsible for close collaboration with other youth–serving agencies, the Maryland Consortium of Coordinated Community Supports, and the Maryland Longitudinal Data System Center to establish:
Shared goals;
Processes to collect and share data; and
Ways to leverage and blend funding to support behavioral health in schools and community–based settings.
In this section the following words have the meanings indicated.
“Behavioral health services” has the meaning stated in § 7–447 of this subtitle.
“Commission” means the Maryland Community Health Resources Commission.
“Consortium” means the Maryland Consortium on Coordinated Community Supports established under subsection (b) of this section.
“Coordinated community supports” means a holistic, nonstigmatized, and coordinated approach, including among the following persons, to meeting students’ behavioral health needs, addressing related challenges, and providing community services and supports to the students:
Teachers, school leadership, and student instructional support personnel;
Local school systems;
Local community schools;
Behavioral health coordinators appointed under § 7–447 of this subtitle;
Local health departments;
Nonprofit hospitals;
Other youth–serving governmental entities;
Other local youth–serving community entities;
Community behavioral health providers;
Telemedicine providers;
Federally qualified health centers; and
Students, parents, and guardians.
“Coordinated community supports partnership” means an entity formed to deliver coordinated community supports.
“National Center for School Mental Health” means the National Center for School Mental Health at the University of Maryland, Baltimore Campus.
There is a Maryland Consortium on Coordinated Community Supports in the Commission.
The Commission shall provide staff to the Consortium.
Four additional staff shall be added to the Commission to staff the Consortium.
The purposes of the Consortium are to:
Support the development of coordinated community supports partnerships to meet student behavioral health needs and other related challenges in a holistic, nonstigmatized, and coordinated manner;
Provide expertise for the development of best practices in the delivery of student behavioral health services, supports, and wraparound services; and
Provide technical assistance to local school systems to support positive classroom environments and the closing of achievement gaps so that all students can succeed.
The Consortium consists of:
The following members representing government agencies:
The Secretary of Health, or the Secretary’s designee;
The Secretary of Human Services, or the Secretary’s designee;
The Secretary of Juvenile Services, or the Secretary’s designee;
The State Superintendent of Schools, or the State Superintendent’s designee;
The Chair of the Commission, or the Chair’s designee;
The Director of Community Schools in the Department, or the Director’s designee;
One member of the Senate of Maryland, appointed by the President of the Senate; and
One member of the House of Delegates, appointed by the Speaker of the House;
The following members representing other organizations and entities:
One member of the Maryland Council on Advancement of School–Based Health Centers, appointed by the Chair of the Council;
One county superintendent of schools, designated by the Public School Superintendents Association of Maryland;
One member of a county board of education, designated by the Maryland Association of Boards of Education;
One teacher who is teaching in the State, designated by the Maryland State Education Association;
One social worker practicing at a school in the State, designated by the Maryland Chapter of the National Association of Social Workers;
One psychologist practicing in a school in the State, designated by the Maryland School Psychologists Association;
One representative of nonprofit hospitals, designated by the Maryland Hospital Association;
One member of the Commission, designated by the Chair of the Commission;
One representative of the Maryland Medical Assistance Program, designated by the Secretary of Health; and
One school counselor certified by the Department under Title 6, Subtitle 7 of this article, designated by the Maryland School Counselor Association;
The following members appointed by the Governor:
One representative of the behavioral health community with expertise in telehealth;
One representative of local departments of social services; and
One representative of local departments of health; and
The following members appointed jointly by the President of the Senate and the Speaker of the House:
One individual with expertise in creating a positive classroom environment;
One individual with expertise in equity in education; and
Two members of the public.
This subsection applies only to the members appointed under subsection (d)(2), (3), and (4) of this section.
A member serves for a term of 4 years beginning on the date of the member’s appointment and until a successor is appointed and qualifies.
A member may not serve for more than two consecutive terms.
The terms of the members are staggered as required by the terms of the members serving on the Consortium on July 1, 2023.
The chair of the Consortium shall be appointed jointly by the President of the Senate and the Speaker of the House from among the members of the Consortium.
The National Center for School Mental Health shall provide technical assistance.
The assistance provided under subparagraph (i) of this paragraph may include the creation of partnership coordinators to support the work of local behavioral health services coordinators appointed under § 7–447 of this subtitle.
A three–party memorandum of understanding shall be entered into and signed by the Consortium, the Commission, and the National Center for School Mental Health regarding the provision of technical assistance.
A member of the Consortium:
May not receive compensation as a member of the Consortium; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
A majority of the appointed members then serving on the Consortium is a quorum.
The Consortium may use subcommittees, including subcommittees that include nonmember experts, as necessary, to meet the requirements of this section.
The Consortium shall:
Develop a statewide framework for the creation of coordinated community supports partnerships;
Ensure that community supports partnerships are structured in a manner that provides community services and supports in a holistic and nonstigmatized manner that meets behavioral health and other wraparound needs of students and is coordinated with any other youth–serving government agencies interacting with the students;
Develop a model for expanding available behavioral health services and supports to all students in each local school system through:
The maximization of public funding through the Maryland Medical Assistance Program, including billing for Program administrative costs, or other public sources;
Commercial insurance participation;
The implementation of a sliding scale for services based on family income; and
The participation of nonprofit hospitals through community benefit requirements;
Provide guidance and support to the Commission for the purpose of developing and implementing a grant program to award grants to coordinated community supports partnerships with funding necessary to deliver services and supports to meet the holistic behavioral health needs and other related challenges facing the students proposed to be served by the coordinated community supports partnership and that sets reasonable administrative costs for the coordinated community supports partnership;
Evaluate how a reimbursement system could be developed through the Maryland Department of Health or a private contractor to reimburse providers participating in a coordinated community supports partnership and providing services and supports to students who are uninsured and for the difference in commercial insurance payments and Maryland Medical Assistance Program fee–for–service payments;
In consultation with the Department, develop best practices for the implementation of and related to the creation of a positive classroom environment for all students using evidence–based methods that recognize the disproportionality of classroom management referrals, including by:
Creating a list of programs and classroom management practices that are evidence–based best practices to address student behavioral health issues in a classroom environment;
Evaluating relevant regulations and making recommendations for any necessary clarifications, as well as developing a plan to provide technical assistance in the implementation of the regulations by local school systems to create a positive classroom environment; and
Developing a mechanism to ensure that all local school systems implement relevant regulations in a consistent manner; and
Develop a geographically diverse plan that uses both school–based behavioral health services and coordinated community supports partnerships to ensure that each student in each local school system has access to services and supports that meet the student’s behavioral health needs and related challenges within a 1–hour drive of a student’s residence.
A coordinated community supports partnership shall provide systemic services to students in a manner that is:
Community–based;
Family–driven and youth–guided; and
Culturally competent and that provides access to high–quality, acceptable services for culturally diverse populations.
The Consortium, in consultation with the National Center on School Mental Health, shall develop accountability metrics that may be used to demonstrate whether the services and supports provided through a coordinated community supports partnership that receives a grant from the Commission are positively impacting the students served by the coordinated community supports partnership, their families, and the community, including metrics that would measure:
Whether there have been any:
Increases in services provided;
Reductions in absenteeism;
Repeat referrals to the coordinated community supports partnership;
Reductions in interactions of the students with youth–serving agencies; and
Increases in funding through federal, local, and private sources; and
Any other identifiable data sets that would demonstrate whether a coordinated community supports partnership is successfully meeting the behavioral health needs of students.
The development of the metrics under paragraph (1) of this subsection shall be coordinated with the Maryland Longitudinal Data System Center and the Accountability and Implementation Board, established under § 5–402 of this article, to ensure consistency with other data collection efforts.
Beginning in fiscal year 2025 and each fiscal year thereafter, the Consortium shall use the accountability metrics developed under subsection (m) of this section to develop best practices to be used by a coordinated community supports partnership in the delivery of supports and services and the maximization of federal, local, and private funding.
Notwithstanding any other provision of law, a nonprofit hospital that receives funding for coordinating or participating in a coordinated community supports partnership may include the value of services provided through the coordinated community supports partnership towards meeting community benefit requirements under § 19–303 of the Health – General Article.
In this subsection, “Fund” means the Coordinated Community Supports Partnership Fund.
There is a Coordinated Community Supports Partnership Fund.
The purpose of the Fund is to support the delivery of services and supports provided to students to meet their holistic behavioral health needs and address other related challenges.
The Commission shall administer the Fund and the provision of grants and reimbursements under the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted for the benefit of the Fund.
Except as provided in paragraph (8) of this subsection, the Fund may be used by the Commission only for:
Providing reimbursement, under a memorandum of understanding, to the National Center for School Mental Health and other technical assistance providers to support the work of the Consortium;
Providing grants to coordinated community supports partnerships to deliver services and supports to meet students’ holistic behavioral health needs and to address other related challenges; and
Paying any associated administrative costs.
For fiscal year 2025 only, the Fund may be used to:
Provide school–based behavioral health services; and
Reimburse the Medical Care Programs Administration for school–based behavioral health services provided on a fee–for–service basis through a Medicaid waiver.
The Governor shall include in the annual budget bill the following appropriations for the Fund:
$25,000,000 in fiscal year 2022;
$50,000,000 in fiscal year 2023;
$85,000,000 in fiscal year 2024;
$40,000,000 in fiscal year 2025;
$70,000,000 in fiscal year 2026; and
$100,000,000 in fiscal year 2027 and each fiscal year thereafter.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Any grant funding or local school system implementation assistance provided under this section through the Commission and coordinated community supports partnerships shall be supplemental to, and may not supplant, existing funding provided as of fiscal year 2022 to local school systems through local government expenditures or local school system expenditures, or other funding sources, for school–based behavioral health personnel, services, supports, or other school–based behavioral health purposes.
The State funding provided under the Fund is supplemental to and not intended to take the place of funding that would otherwise be appropriated to the Maryland Community Health Resources Commission Fund in the State budget.
Beginning on July 1, 2022, and each July 1 thereafter, the Consortium shall submit to the Accountability and Implementation Board, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a report on:
The activities of the Consortium;
The creation of coordinated community supports partnerships and the area served by each partnership;
Grants awarded to coordinated community supports partnerships; and
All other activities of the Consortium to carry out the requirements of this section.
The Commission may adopt rules and regulations to carry out this section.
In this section the following words have the meanings indicated.
“Electric retractable room partition” means a room partition, divider, curtain, or any other similar device that is opened and retracted by operation of an electric motor.
“School employee” means an employee of a public school or nonpublic school.
A school employee may not operate an electric retractable room partition in a school building unless:
The partition includes a safety sensor that automatically stops the movement of the partition when a body passes between the leading edge and a wall, an opposing partition, or the stacking area of the partition;
No students are present in the school building; or
The room or area where the partition is located is locked or otherwise free of or inaccessible to students.
Any annual safety review, evaluation, or exercise for school employees in a school building with an electric retractable room partition shall include information and demonstrations, as appropriate, regarding the safe operation of the electric retractable room partition in accordance with subsections (b) and (d) of this section.
The Department shall:
Develop and disseminate to each county board and each nonpublic school model safety guidelines regarding the operation of electric retractable room partitions; and
Publish the model safety guidelines on its public website.
In this section, “menstrual hygiene products” means size–appropriate tampons or sanitary napkins for use in connection with the menstrual cycle.
Subject to subsection (c) of this section, each county board shall ensure that each public school provide, at no charge to students, menstrual hygiene products via dispensers in the women’s restrooms at the school.
A public middle or high school shall install menstrual hygiene product dispensers in:
At least two women’s restrooms on or before October 1, 2022; and
On or before August 1, 2025, all women’s restrooms.
A public elementary school shall install menstrual hygiene product dispensers in at least one restroom on or before October 1, 2022.
The State shall reimburse a county board for the costs of purchasing and installing menstrual hygiene product dispensers to comply with the requirements of subsection (c) of this section.
Each county board shall submit to the Department a request for reimbursement for the costs of purchasing and installing menstrual hygiene product dispensers to comply with the requirements of:
Subsection (c)(1)(i) and (2) of this section, on or before November 1, 2022; and
Subsection (c)(1)(ii) of this section, on or before September 1, 2025.
For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $500,000 to be used to reimburse each county board for the costs reported to the Department under paragraph (2) of this subsection.
In this section, “seizure action plan” means a written individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.
Beginning in the 2023–2024 school year, a county board shall require at least two school personnel at each public school, subject to paragraph (2) of this subsection, to complete a paid professional development training, administered online or in–person, in:
Recognizing the signs and symptoms of a seizure;
Appropriate steps for administering first aid for a seizure; and
If written authorization is given by a parent or guardian under subsection (g) of this section, administering or assisting with the self–administration of a seizure rescue medication, medication prescribed to treat seizure disorder symptoms approved by the U.S. Food and Drug Administration, and manual vagus nerve stimulation.
A school nurse, certified nursing assistant, or certified medication technician shall serve as one of the trained school personnel required under paragraph (1) of this subsection.
An individual who is recommended by the school nurse or other school health practitioner and who volunteers may serve as one of the trained school personnel under paragraph (1) of this subsection.
The training required under paragraph (1) of this subsection may count toward the renewal of a professional certificate issued by the Department.
Beginning in the 2023–2024 school year, a public school shall require an individual trained under subsection (b) of this section to present, every 2 years, to all school personnel who have direct contact and supervision of students an abridged version of the best practices for seizure response, based on the school health services guidelines developed under subsection (d) of this section, including:
Recognizing the signs and symptoms of a seizure; and
Procedures for notifying the school personnel trained in administering first aid for a seizure.
School personnel shall attend the presentation required under paragraph (1) of this subsection during professional development, a preservice meeting, or a staff meeting.
A county board is encouraged to provide to school bus drivers and school bus aides:
The presentation required under paragraph (1) of this subsection during their work hours; or
The information from the presentation required under paragraph (1) of this subsection.
The Department and the Maryland Department of Health, in consultation with the Epilepsy Foundation of America and other interested stakeholders, shall develop school health services guidelines and a training program for the school personnel under subsection (b) of this section on the management of a student diagnosed with a seizure disorder.
Beginning in the 2023–2024 school year, a nonpublic school may require at least two school personnel to be trained in:
Recognizing the signs and symptoms of a seizure;
Appropriate steps for administering first aid for a seizure; and
Subject to paragraph (3) of this subsection, administering or assisting with the self–administration of a seizure rescue medication, medication prescribed to treat seizure disorder symptoms approved by the U.S. Food and Drug Administration, and manual vagus nerve stimulation.
A school nurse or other school health care practitioner may serve as one of the trained school personnel required under paragraph (1) of this subsection.
In order to authorize school personnel to administer or assist in the administration of seizure medication, a nonpublic school shall obtain written authorization from a parent or guardian in accordance with subsection (g) of this section.
The parent or guardian of a student diagnosed with a seizure disorder shall collaborate with school personnel to create a seizure action plan.
The Department, in collaboration with the Maryland Department of Health, shall ensure:
Health guidelines include seizure first aid procedures; and
Health plans include seizure action plans.
A copy of a seizure action plan shall be:
Retained in the office of the school nurse or an administrator; and
Distributed to any school personnel or volunteer responsible for the supervision or care of a student diagnosed with a seizure disorder.
The parent or guardian of a student diagnosed with a seizure disorder shall provide the school with:
A written authorization for a trained school employee to administer or assist with administering seizure medication at school;
The prescribed medication in an unopened, sealed package with the label affixed by the dispensing pharmacy intact; and
A written statement from the student’s health care practitioner that includes:
The student’s name;
The name and purpose of the medication;
The prescribed dosage;
The route of administration;
The frequency that the medication may be administered; and
The circumstances under which the medication may be administered.
A written authorization for the administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms shall be:
Effective for the school year in which it is submitted; and
Renewed each school year if the requirements of this subsection are fulfilled.
Nothing in this section may be construed to authorize any public school personnel to administer or assist in self–administration of medication for a seizure, unless the personnel:
Has completed the paid professional development training under subsection (b) of this section; and
Is authorized through written authorization under subsection (g) of this section to administer or assist in self–administration of medication.
Except for any willful or grossly negligent act, an employee or other school personnel who responds in good faith to a student experiencing a seizure or seizure disorder symptoms in accordance with this section is immune from civil liability for any act or omission in the course of responding to the situation.
Each middle school and high school shall develop a venue–specific emergency action plan for all athletic facilities.
A venue–specific emergency action plan includes:
The operation and use of automatic external defibrillators in accordance with § 7–425 of this subtitle;
Heat acclimatization in accordance with § 7–434 of this subtitle;
Coordination of care for other emergent injuries, including cervical spinal injury, concussion and closed head injury, major orthopedic injuries, and severe weather for outdoor facilities; and
A cardiac emergency response plan in accordance with subsection (e) of this section.
A venue–specific emergency action plan developed under this section shall be:
Posted at each athletic facility at the school;
Available on the school’s website for viewing by a student athlete’s parent or guardian at the beginning of each school year;
Distributed to each member of the coaching staff; and
Rehearsed in person and interactively by all of the coaching staff of each sport before each of their respective seasons.
The provisions of a venue–specific emergency action plan for the operation and use of automatic external defibrillators shall ensure that:
An automated external defibrillator is provided on–site and is located at or within a brief walk from an athletic practice or event on school property;
An automated external defibrillator is freely accessible during all school functions;
All members of the coaching staff are trained in the operation and use of an automated external defibrillator; and
A trained member of the coaching staff is present at all athletic practices and events on school property.
The provisions of a venue–specific emergency action plan for heat acclimatization shall:
Include guidelines for student athletes consistent with the Model Policy for Preseason–Practice Heat Acclimatization Guidelines for Student Athletes established under § 7–434 of this subtitle;
Ensure that each school is properly prepared and equipped to initiate cold water immersion for the treatment of exertional heat stroke;
Ensure that the cooling modality is readily available to student athletes at all athletic practices and events on school property;
Ensure that all members of the coaching staff are trained in cold water immersion; and
Ensure that a trained member of the coaching staff is present at all athletic practices and events on school property.
Each venue–specific emergency action plan shall include a cardiac emergency response plan.
The cardiac emergency response plan shall:
Identify the appropriate school personnel to serve as the cardiac emergency response team who will be tasked with responding to incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility;
Coordinate with first responders in the local emergency medical services to integrate the cardiac emergency action plan into local emergency response protocols; and
Include, at minimum, the following evidence–based core elements recommended by an appropriate national organization, including the American Heart Association:
Procedures for activating the cardiac emergency response team during incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility; and
Requiring specified school personnel to have training in first aid, cardiopulmonary resuscitation (CPR), and the operation and use of automated external defibrillators, in accordance with § 7–425 of this subtitle, including cardiac emergency response team members, athletic coaching and training staff, school nurses, and any other individuals identified by the cardiac emergency response team.
Each year, each middle school and high school shall review and update the cardiac emergency response plan required under this subsection.
Each nonpublic middle school and high school that receives State funding shall develop a venue–specific emergency action plan for all athletic facilities.
A venue–specific emergency action plan developed by a nonpublic school shall include:
The operation and use of automated external defibrillators in a manner consistent with the requirements of § 13–517 of this article;
Heat acclimatization in a manner consistent with the model policy developed under § 7–434 of this subtitle;
Coordination of care for other emergent injuries, including cervical spinal injury, concussion and closed head injury, major orthopedic injuries, and severe weather for outdoor facilities; and
A cardiac emergency response plan in accordance with subsection (e) of this section.
A venue–specific emergency action plan developed under this section shall be:
Posted at each athletic facility at the school;
Available on the school’s website for viewing by a student athlete’s parent or guardian at the beginning of each school year;
Distributed to each member of the coaching staff; and
Rehearsed in person and interactively by all of the coaching staff of each sport before each of their respective seasons.
The provisions of a venue–specific emergency action plan for the operation and use of automated external defibrillators shall ensure that:
An automated external defibrillator is provided on–site and is located at or within a brief walk from an athletic practice or event on school property;
An automated external defibrillator is freely accessible during all school functions;
All members of the coaching staff are trained in the operation and use of an automated external defibrillator; and
A trained member of the coaching staff is present at all athletic practices and events on school property.
The provisions of a venue–specific emergency action plan for heat acclimatization shall:
Include guidelines for student athletes consistent with the Model Policy for Preseason–Practice Heat Acclimatization Guidelines for Student Athletes established under § 7–434 of this subtitle;
Ensure that each school is properly prepared and equipped to initiate cold water immersion for the treatment of exertional heat stroke;
Ensure that the cooling modality is readily available to student athletes at all athletic practices and events on school property;
Ensure that all members of the coaching staff are trained in cold water immersion; and
Ensure that a trained member of the coaching staff is present at all athletic practices and events on school property.
Each venue–specific emergency action plan shall include a cardiac emergency response plan.
The cardiac emergency response plan shall:
Identify the appropriate school personnel to serve as the cardiac emergency response team who will be tasked with responding to incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility;
Coordinate with first responders in the local emergency medical services to integrate the cardiac emergency action plan into local emergency response protocols; and
Include, at minimum, the following evidence–based core elements recommended by an appropriate national organization, including the American Heart Association:
Procedures for activating the cardiac emergency response team during incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility; and
Requiring specified school personnel to have training in first aid, cardiopulmonary resuscitation (CPR), and the operation and use of automated external defibrillators, in a manner consistent with § 7–425 of this subtitle, including cardiac emergency response team members, athletic coaching and training staff, school nurses, and any other individuals identified by the cardiac emergency response team.
Each year, each middle school and high school shall review and update the cardiac emergency response plan required under this subsection.
In this section the following words have the meanings indicated.
“Network” means a Student Support Specialist Network.
“Plan” means a Student Support Success Action Plan.
“Template” means the template developed by the Prince George’s County Board of Education used by a Student Support Specialist Network.
This section applies only in Prince George’s County.
There is a Student Support Specialist Network in each public high school in the county.
Each Network shall include the following members, if applicable:
The vice principal of the school;
Professional school–based counselors;
School–based psychologists;
School–based nurses;
Licensed clinical social workers;
Crisis Intervention Resource Teachers;
Career coaches;
Community school coordinators;
School resource officers; and
School security employees.
On or before December 31, 2024, the Prince George’s County Board of Education shall develop, approve, and disseminate a template for a Student Support Success Action Plan to be used by each Network.
The template for a plan developed under this subsection shall include metrics to measure and concrete steps to achieve improvements in:
The number of students who have access to behavioral and mental health supports;
The ratio of licensed clinical social workers, licensed professional counselors, Crisis Intervention Resource Teachers, and clinical therapists to students;
Referrals of students to mental health services, nurses, career counseling, and food pantries;
Community school assessment results;
The use of restorative approaches in addressing student misconduct;
The use of trauma–informed approaches to a student in distress;
The number of school–based arrests;
The number of student disciplinary referrals issued;
The number of suspensions;
Referrals to the Department of Juvenile Services; and
The number of expulsions for nonviolent behavior.
In addition to the metrics required under paragraph (2) of this subsection, the template for a plan developed under this subsection shall also address:
Strengthening school culture, climate, and community;
Fostering cooperation and coordination between Networks;
Ensuring students in crisis are supported;
Reducing out–of–school suspensions and expulsions;
Increasing access to and knowledge of behavioral health supports;
Reducing in–school violence, gang–related activity, and substance abuse;
Cultivating positive relationships of understanding between school personnel, school resource officers, security personnel, and students; and
Strengthening the network of services for students and staff who are in crisis.
Subject to subsection (g) of this section, each Network shall collectively develop, complete, and implement a plan utilizing the approved county board template.
Before implementing a plan in accordance with subsection (f) of this section, each Network shall submit the plan to the county board for approval.
The deadline for submission shall be determined by the county board.
On or before July 1, 2025, and on or before each July 1 thereafter, each Network shall report the results of the implementation of the Network’s plan to the county board.
In this section, “athletic program” means an intramural, interscholastic, or other school sponsored athletic program that is developed and offered to students in accordance with criteria established by the State Board.
The Department, in collaboration with the Maryland Department of Health, each county board, and the Maryland Public Secondary Schools Athletic Association, shall develop guidelines for public schools to train coaches to recognize indicators of mental illness and behavioral distress in students, including:
Depression;
Trauma;
Violence;
Youth suicide; and
Substance abuse.
Each public school in the State that offers an athletic program shall provide training in accordance with the guidelines developed under subsection (b) of this section to each coach participating in the athletic program.
In this section the following words have the meanings indicated.
“Drink spiking detection product” means a product that has one or more test spots that allow the user to test a portion of a beverage to determine whether the beverage has been contaminated with the drug gamma–hydroxybutyric acid (GHB) or ketamine.
“Drug detection strip” means a disposable test strip that allows an individual to test a drug for the presence of fentanyl.
This section applies only in Prince George’s County.
It is the intent of the General Assembly that the public high schools in Prince George’s County provide drink spiking detection products and drug detection strips to their students.
Subject to paragraph (3) of this subsection, beginning in the 2026–2027 school year, the Prince George’s County Board of Education shall require each public high school in the county to provide, at no cost to students:
Drink spiking detection products; and
Drug detection strips, if a public high school in the county reports an incident at the school requiring the use of naloxone or other overdose–reversing medication in accordance with § 7–426.5(f)(1) of this subtitle.
Public high schools in the county are required to provide drink spiking detection products and drug detection strips in accordance with paragraph (2) of this subsection only if the products are provided to the public high schools at no cost to the schools.
The drink spiking detection products and drug detection strips provided to high school students under this section may be made available in school–based health clinics or school libraries.
On or before October 1, 2027, and each October 1 thereafter, each public high school in the county shall report to Maryland’s Office of Overdose Response on the quantity of drug detection products distributed by the school during the previous school year.
In this subtitle the following words have the meanings indicated.
“Adapted program” means a program that is developed for a student with a disability.
“Allied sports or unified program” means a program that is specifically designed to combine groups of students with and without disabilities together in physical activity.
“Mainstream athletic program” means intramural or interscholastic athletic activity that is developed and offered to students in accordance with criteria established by the State Board.
“Mainstream physical education program” means a physical education program that is developed and offered to students in accordance with criteria established by the State Board.
“Student with a disability” means a student who meets the definition of a “qualified individual with a disability” as defined in 45 C.F.R. § 84.10.
Subject to subsection (b) of this section, the State Board and each county board shall:
Ensure that students with disabilities have an equal opportunity to:
Participate in mainstream physical education programs; and
Try out for and, if selected, participate in mainstream athletic programs;
Ensure the provision of reasonable accommodations necessary to provide students with disabilities equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and
Ensure that adapted, allied, or unified physical education and athletic programs are available and adequately funded by the county board.
An exception to the requirements under subsection (a) of this section may be made when the inclusion of a student:
Presents an objective safety risk to the student or to others, based on an individualized assessment of the student; or
Fundamentally alters the nature of the school’s mainstream physical education or mainstream athletic program.
The provision of adapted, allied, or unified programs for students with disabilities does not mitigate the duty of a county board to provide an individual student with a disability an equal opportunity to be fully included in mainstream physical education and mainstream athletic programs.
A county board shall:
Develop policies and procedures to promote and protect the inclusion of students with disabilities into mainstream physical education and mainstream athletic programs; and
Provide the opportunity for students with disabilities to participate in extracurricular or interscholastic competition, as demonstrated by:
Equivalent opportunities for participation in extracurricular or interscholastic athletic programs; or
Evidence indicating that the interests and abilities of students with disabilities have been fully and effectively accommodated by the county board’s implemented programs.
The State Board shall adopt a model policy to assist a county board with the implementation of this section.
The Department shall monitor the compliance of county boards with the provisions of this subtitle.
The Department may investigate and take corrective action in response to complaints from parents, guardians, or legal representatives of students with disabilities who allege a violation of the provisions of this subtitle.
On or before May 15 of each year, each county board shall submit to the Department a report of the school system’s compliance with the provisions of this subtitle.
The first annual report completed by a county board in accordance with subsection (a) of this section shall include:
The number of students with disabilities that participate in the school system’s mainstream physical education or mainstream athletic programs; and
A description of plans by the county board to affirmatively engage students with disabilities in mainstream physical education or mainstream athletic programs.
Reports submitted by a county board subsequent to the report submitted under subsection (b) of this section shall be consistent with regulations adopted by the State Board.
On or before August 1 of each year, the Department shall, subject to § 2–1257 of the State Government Article, submit to the General Assembly a report of compliance with the provisions of this subtitle.
.
The Department shall adopt regulations as necessary to implement this subtitle.
The Department shall provide technical assistance to county boards concerning the provisions of this subtitle.
The General Assembly finds and declares that:
A statewide Youth Suicide Prevention School Program is essential to address the continuing problem of youth suicide throughout the State;
The youth suicide problem often exists in combination with other problems, including drug abuse, alcohol use, and gambling addiction;
A suicide prevention program for young people should promote recognizing student behavioral health issues, recognizing students experiencing trauma or violence out of school, and referring students to behavioral health services;
A suicide prevention program for young people must emphasize a partnership between educational programs at the State and local levels and community suicide prevention and crisis center agencies;
It is of vital importance that a statewide Youth Suicide Prevention School Program be established with shared responsibility at both the State and county levels, and that this cooperation shall be a major tool in efforts to achieve the successful prevention of youth suicide; and
County suicide prevention and crisis center agencies along with local education agencies are best suited for developing and implementing programs for statewide youth suicide prevention.
In this subtitle the following words have the meanings indicated.
“Program” means a Youth Suicide Prevention School Program established under this subtitle.
“Youth service bureau” means a program defined under § 9–233 of the Human Services Article.
There is a statewide Youth Suicide Prevention School Program administered by the Department in cooperation with:
Participating local education agencies;
Local community agencies involved in suicide prevention;
Local community mental health programs; and
Youth service bureaus.
On or before October 1, 1986, the Department may establish a demonstration Youth Suicide Prevention School Program in cooperation with local education agencies in the following political subdivisions:
Anne Arundel County;
Baltimore City;
Baltimore County;
Harford County;
Howard County; and
Montgomery County.
Any political subdivision in the State may apply for assistance or grant funds under this subtitle to establish a local Youth Suicide Prevention School Program.
The Department shall adopt regulations that set eligibility guidelines for State funding of Youth Suicide Prevention School Programs under this subtitle.
The regulations shall:
Establish procedures for developing local programs, in cooperation with local education agencies, youth service bureaus, and community mental health centers; and
Establish standards and policies for programs to offer:
Individual, family, and group counseling related to youth suicide prevention;
Referral, crisis intervention, and information for students, parents, and school personnel; and
Training for school personnel, and others responsible for counseling or supervising student activities.
A Youth Suicide Prevention School Program established under this subtitle shall plan, fund, and implement educational programs, which may include any of the following:
Classroom instruction designed to achieve any of the following objectives:
Encourage sound decision making and promote ethical development;
Increase pupils’ awareness of the relationship between drug and alcohol use, gambling, and youth suicide;
Teach pupils to recognize signs of suicidal tendencies, and other facts about youth suicide;
Inform pupils of available community youth suicide prevention services;
Enhance school climate and relationships between teachers, counselors, and pupils; and
Further cooperative efforts of school personnel and community youth suicide prevention program personnel;
School or community based alternative programs outside of the classroom, including:
Positive peer group programs;
A 24–hour “hotline” telephone service, staffed by trained professional counselors;
Programs to collect data on youth suicide attempts;
Intervention and follow–up;
Mental health programs to promote mental health awareness and encourage pupils to seek help as soon as it is needed; and
Parent education and training programs; and
Teacher training programs.
Any program established under this subtitle shall:
Assist in increasing the awareness, among school personnel and community leaders, of the incidence of teenage suicide;
Train school personnel in individual and schoolwide strategies for teenage suicide prevention;
Develop and implement school–based teenage suicide prevention programs and pilot projects;
Develop and implement school–based pilot mental health programs and peer–to–peer support to address the needs of students suffering from mental illness; and
Through cooperative efforts, utilize community resources in the development and implementation of teenage suicide prevention programs under this subtitle.
The Department may assist local school systems in implementing pilot peer–to–peer mental health awareness programs.
The Department shall:
As to each program receiving State funding:
Monitor its operations; and
Evaluate annually its effectiveness; and
Review and either approve or disapprove the application for State funding of a proposal program.
The funding of an eligible program shall be a shared responsibility of this State and local education agencies.
Each eligible program shall submit to the Department a proposed annual budget for review and approval, at the times that the Department specifies.
The proposed budget of the Department shall list the eligible programs and estimate the amount of State funds to be allocated to each.
The Department shall seek federal funds for Youth Suicide Prevention School Programs under the Garret Lee Smith Memorial Act.
The State funds designated for Youth Suicide Prevention School Programs may be included in the budgets of:
The Department; and
The Maryland Department of Health.
The local education agency and the local health department shall identify funds from public and private agencies for development and implementation of the Program.
The Governor shall include funds in the budget to carry out the provisions of this subtitle.
The State Board shall adopt and publish standards for the administration of the free feeding program.
The standards shall provide for eligibility requirements for the program.
There is a State Free Feeding Program.
Each year the State Superintendent shall determine the amount of State money required to provide the Program in accordance with the standards adopted by the State Board under this subtitle.
The amount included for this Program in the annual State budget, including any federal funds, and as submitted to and appropriated by the General Assembly, shall be distributed to the county boards and participating nonpublic schools in the same manner as the process established under § 5–205 of this article.
A nonpublic school in the State that participates in the federal School Breakfast Program or the National School Lunch Program may participate in the State free feeding program.
If a nonpublic school participates in the State free feeding program, the State shall be responsible for reimbursing the participating nonpublic school under subsection (d) of this section.
The State shall be responsible for reimbursing a county board or a participating nonpublic school for the student share of the costs of:
Breakfasts provided to all students eligible for a reduced price breakfast under the federal School Breakfast Program according to the following schedule:
For fiscal year 2020, 10 cents per student;
For fiscal year 2021, 20 cents per student; and
For fiscal year 2022 and each fiscal year thereafter, the greater of 30 cents per student or the required federal per meal charge to students; and
Lunches provided to all students eligible for a reduced price lunch under the National School Lunch Program according to the following schedule:
For fiscal year 2020, 10 cents per student;
For fiscal year 2021, 20 cents per student;
For fiscal year 2022, 30 cents per student; and
For fiscal year 2023 and each fiscal year thereafter, the greater of 40 cents per student or the required federal per meal charge to students.
Beginning in fiscal year 2022, a county board or participating nonpublic school may not charge a student who is eligible for a reduced price breakfast for any portion of the cost of the meal.
Beginning in fiscal year 2023, a county board or participating nonpublic school may not charge a student who is eligible for a reduced price lunch for any portion of the cost of the meal.
Each public school and participating nonpublic school in this State shall provide a free feeding program for children who meet the standards adopted by the State Board under this subtitle.
Funds appropriated for the free feeding program shall be used to reimburse each county board and participating nonpublic school for the difference between costs and all available reimbursements and other funds.
The General Assembly finds the following policies desirable in the administration and application of the school feeding program:
Private organizations and corporations should be encouraged to participate in the program;
The identity of children who participate in the free feeding program should remain anonymous and positive procedures should be adopted to accomplish this; and
Applications for participants in the program should be brief and simple, based on a statement of present income and family size or of participation in a social services or welfare program.
There may not be discrimination in this program for elementary, junior high, and high school students.
The State Board shall require each county board to provide in each elementary school a free breakfast, unless the school is exempted under § 7–702 of this subtitle.
A nonpublic elementary school may provide a free breakfast program in accordance with this subtitle.
If a nonpublic elementary school provides a free breakfast program, the participating nonpublic elementary school shall be eligible for the State reimbursement of the student share of the costs for those breakfasts under § 7–703 of this subtitle.
The free breakfast required to be provided under this section shall meet the standards of the U.S. Department of Agriculture.
The State Superintendent shall exempt any elementary school from the requirements of this subtitle if:
The school has made a breakfast program available for at least 3 consecutive months; and
The participation is less than 25% of the number of students eligible for free and reduced price eligible meals in each month;
The county board approves an alternative nutrition program that the school has instituted;
The school regularly conducts an assessment of the alternative program that provides evidence of success in achieving program objectives; and
The school submits an annual report of the assessment to the county board and the State;
The school requests an exemption for reasons of a compelling nature to the county board; and
After review and approval, the county board submits the request for exemption to the State Superintendent; or
The school has less than 15% of its enrollment approved for free and reduced price eligible meals.
The exemption in subsection (a)(4) of this section shall continue from year to year without the need for reapplication, until there is a 10% increase in the number of students approved for free and reduced price eligible meals.
The free breakfast program under this subtitle shall be suspended if the per meal reimbursement that the federal government provides for the breakfast program is:
Reduced below the rate prescribed on July 1, 2013; or
Adjusted by the Secretary of the U.S. Department of Agriculture, as of the most recent July 1 under the national Child Nutrition Act, and the per meal reimbursement is below the adjusted rate.
The State reimbursement to a county board of education or a participating nonpublic school for each meal under subsection (a) of this section shall be determined as follows:
Multiply the number of reduced price eligible breakfasts served statewide times the sum of the federal reimbursement rate for those breakfasts plus the student share of the cost for those breakfasts;
Multiply the number of free breakfasts served statewide times the federal reimbursement rate for those breakfasts; and
Divide the total of items (1) and (2) of this subsection by the total number of free and reduced price eligible breakfasts.
In this section the following words have the meanings indicated.
“Program” means the Maryland Meals for Achievement In–Classroom Breakfast Program.
“Secondary schools” includes middle schools and high schools.
There is a school breakfast program in the State, known as the Maryland Meals for Achievement In–Classroom Breakfast Program.
The Program is a joint effort of the Department and the county boards or sponsoring agencies for eligible nonpublic schools.
The purpose of the Program is to provide funding for a school that makes an in–classroom breakfast available to all students in the school.
The funding is intended to complement the funding received by a school from the federal government for a school breakfast program.
The Department shall:
Develop an application form for a school that desires to participate in the Program;
Ensure that the schools that participate in the Program represent geographic and socioeconomic balance statewide;
Subject to subsection (e) of this section, ensure that a school that participates in the Program is a school at which at least 40% of the registered students are eligible for the federal free or reduced price meal program;
Select schools to participate in the Program, ensuring that an annual evaluation of the Program is conducted by the Department;
Annually review and set the meal reimbursement rate for schools that participate in the Program to complement the federal meal reimbursement rate determined under § 7–703 of this subtitle; and
Disburse the Program funds to the county board or the sponsoring agency.
If a school that participates in the Program has less than 40% of the registered students eligible for the federal free or reduced price meal plan, the school shall remain eligible to participate in the Program for 1 year.
If, after 1 year, the school’s percent of registered students eligible for the federal free or reduced price meal plan is less than 40%, the school is no longer eligible to participate in the Program.
A county board or a sponsoring agency for an eligible nonpublic school shall:
Apply to the Department for funds for schools within the jurisdiction of the board or for schools that are under the sponsoring agency that:
Are eligible to participate in the Program; and
Apply to the board or to the sponsoring agency to participate in the Program; and
Submit an annual report to the Department on the Program, including the manner in which the funds have been expended.
A school that participates in the Program shall:
Implement an in–classroom breakfast program in which all students in the school may participate regardless of family income;
Serve a breakfast that meets the guidelines of the Department and the nutritional standards of the U.S. Department of Agriculture for schools that participate in the federal school breakfast program;
Except as provided in subsection (h) of this section, serve the breakfast in the classroom after the arrival of students to the school;
Collect the data that the county board or the sponsoring agency and the Department require from participants in the Program; and
Submit an annual report to the county board or the sponsoring agency.
Secondary schools may serve breakfast in any broadly accessible part of the school, including from “Grab and Go” carts after the arrival of students to the school.
If approved by the Department and the applicable county board, elementary schools may serve breakfast in any broadly accessible part of the school, including from “Grab and Go” carts after the arrival of students to the school, provided that students are allowed to consume the meal in the classroom after the start of the school day.
The employee organization that is the exclusive representative of the certificated public school employees of a county board and the employee organization that is the exclusive representative of the noncertificated employees of a county board and the county board shall negotiate the terms of the participation of the employees in the Program.
The Governor shall include in the annual budget bill an appropriation of $12,050,000 to the Program.
In this section the following words have the meanings indicated.
“Nonpublic school” means an elementary or secondary school in the State that is not part of the public elementary and secondary education system of this State.
“Nonpublic school” includes an elementary or secondary school in Calvert County that does not receive State aid.
“Public school bus” includes any other conveyance used to transport students to a public school.
At its own expense, a county governing body may provide transportation for public school students in addition to the transportation provided by the State.
In Montgomery County, a fee may not be charged for transporting public school students to school from their designated bus stop locations or from school to their designated bus stop locations.
A county board may provide transportation to and from school using a vehicle other than a Type I or Type II school vehicle, as defined in § 11–154 of the Transportation Article, when a school vehicle cannot reasonably be provided for the following public school students:
Preschool–age students;
Students with disabilities;
Homeless youth;
Children in foster care;
Students without access to school buses;
Students in a nonpublic school placement; or
Students in dual enrollment programs, work programs, or other educational programs based off the school campus.
A county board may provide transportation in accordance with this subsection to a particular student group that is not listed under paragraph (1) of this subsection through a written determination by the county board.
The Department, in consultation with county boards and the Motor Vehicle Administration, shall adopt regulations establishing minimum vehicle and driver safety standards for transportation provided in accordance with this subsection.
Subject to the requirements of paragraph (2) of this subsection, in Calvert County the county board may provide transportation to and from school on a public school bus for a student who attends a nonpublic school.
Transportation offered by the Calvert County Board under this section shall be offered to a student attending a nonpublic school:
If there is sufficient capacity on the school bus;
If the student resides on, along, or near a public highway in the county on which a public school bus or conveyance operates;
If the student resides in the public school transportation district served by the public school bus;
Only on the routes, school days, and hours of transportation that coincide with the routes, school days, and hours of transportation for students attending public schools in the county; and
In the case of a student who attends a nonpublic school that is not on the public school bus route, only to the public school on the route which is nearest to the nonpublic school.
The Calvert County Board is not responsible for the safety of any nonpublic school student who is transported on a public school bus under this subsection after the student is discharged from the public school bus, and the board may not be held liable in any civil action arising from an act or omission that occurs after the student is discharged from the public school bus.
This section applies only:
In Montgomery County; and
To a school bus stop at a location for which at least 400 citations were issued in the preceding fiscal year to drivers traveling in the opposite direction of the bus stop.
Beginning on December 31, 2028, a school bus stop may not be located on any highway with five or more undivided traffic lanes unless:
A school crossing guard is posted at the school bus stop to assist students in crossing the highway; or
A traffic control device that maintains a red signal while a student is boarding or exiting a school bus is placed at the school bus stop.
If an individual meets all other requirements established by the State Board, he may not be prohibited from operating a school bus solely because of his age.
Each county board may establish a procedure to provide for the use of its school buses, on application, for the transportation of individuals 60 years old or older to civic, educational, social, or recreational activities if this use:
Does not interfere with the transportation of school children; and
Is available to all individuals 60 years old or older.
Each county may:
Contract with its county board for the use of school buses; and
Include funds in the county budget to pay the expenses, including payment of school bus drivers and insurance, incurred by the county board in the use of school buses as provided in this section.
In this section, “school vehicle” has the meaning stated in § 11–154 of the Transportation Article.
Except as provided in paragraphs (2) and (3) of this subsection, unless it fails to meet the applicable school bus and motor vehicle safety standards, a school vehicle may be operated for 12 years.
In Allegany, Anne Arundel, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, unless it fails to meet the applicable school bus and motor vehicle safety standards, a school vehicle may be operated for 15 years.
A school vehicle operating under subparagraph (i) of this paragraph shall be maintained as provided in subsection (c) of this section.
Any school vehicle in operation or accepted before July 1, 2004, or under contract to be purchased before July 1, 2004, that meets the specifications of the Department and of the Motor Vehicle Administration for transit style school vehicles may be operated for 15 years.
Notwithstanding the 12–year limitation in subsection (b)(1) of this section, a school vehicle may be operated for additional years if:
The school vehicle is maintained under a preventive maintenance plan approved by the Motor Vehicle Administration and the Automotive Safety Enforcement Division of the Department of State Police that includes an inspection at the end of the 12th year and a minimum of 2 inspections by the Motor Vehicle Administration each year thereafter;
Any structural repairs to the school vehicle necessitated by accident, metal fatigue, or any other cause are certified by an independent expert approved by the Motor Vehicle Administration to meet or exceed the manufacturer’s original manufacturing standards;
The school vehicle is equipped with:
The body originally placed on the chassis by the manufacturer;
An 8 light warning system;
A left side stop arm;
A fire–retardant driver’s seat;
Fire–retardant barriers in the case of a school vehicle with a front engine; and
A fire–retardant rear seating area in the case of a school vehicle with a rear engine; and
The State Superintendent grants approval.
If a school vehicle passes an inspection that is required under subsection (c)(1) of this section:
The inspection shall be valid in the county in which the inspection was completed; and
If ownership of the school vehicle is transferred to a person who operates the school vehicle in a county in which school vehicles are authorized under subsection (b)(2) of this section to be operated for 15 years, the inspection shall be valid in that county for the length of time that the inspection would have been valid in the county where the inspection was completed.
A school bus may be used to transport any student who lives within the mileage limit, if a mileage limit has been established by a local board of education, and if:
The school bus is not filled to capacity;
No additional bus stop is added to the route to transport the student; and
The transportation officer or his designee has identified a specific existing hardship that would justify allowing the student to be transported.
The transportation allocation of a county may not be reduced because of compliance with this section.
In Baltimore County, the Superintendent of Schools shall establish a Pupil Transportation Safety Advisory Committee.
The Pupil Transportation Safety Advisory Committee shall be composed of at least the following:
Two parent members, appointed by the Superintendent;
A representative of the Baltimore County Police Department;
A representative of the Baltimore County Highway Department;
A representative of the Baltimore County traffic engineering office; and
A representative of the State Highway Administration.
The committee shall be available to advise the pupil transportation staff of the Baltimore County Board of Education with regard to matters of safety of school bus stops and the safety of student walking conditions.
This section applies only to Baltimore County.
A school bus driver shall pick up or discharge a student at a designated bus stop that is located along a public road or highway in a manner that does not require the student to walk across the public road or highway:
If the student is an elementary school student and the public road or highway has a posted speed limit of 35 miles per hour or greater; and
If the student is a secondary school student and the public road or highway has a posted speed limit of 40 miles per hour or greater.
A public awareness campaign concerning school bus pick up and discharge shall be conducted by the Baltimore County Board of Education and the Transportation Department of the Baltimore County Public Schools, in conjunction with the Baltimore County Police Department, 1 month prior to the opening of school and during the first month of each school year.
In this section, “school bus” has the meaning stated in § 11–153 of the Transportation Article.
Except as provided in paragraph (2) of this subsection, a school bus shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation specifications and procedures adopted at the most recent National Congress on School Transportation.
The requirements of paragraph (1) of this subsection do not apply to the driver’s seat of a school bus.
The Motor Vehicle Administration, with the advice of the Department, shall adopt regulations to promote fire safety standards of school buses.
In Montgomery County, notwithstanding any other provision of law, the Montgomery County Board of Education may utilize a school bus with doors that lock to transport students in the county if the school bus’s locking system prevents the school bus from being operated when any bus exit is locked.
In this section the following words have the meanings indicated.
“Fund” means the State–Aided Institutions Field Trip Fund.
“Program” means the State–Aided Institutions Field Trip Grant Program.
There is a State–Aided Institutions Field Trip Grant Program in the Department.
The purpose of the Program is to provide grants to public schools to provide transportation to students for field trips to educational institutions that are qualified as State–aided educational institutions under Title 5, Subtitle 5 of this article.
The Department shall:
Administer the Program;
Establish application procedures for the Program; and
Award grants from the Program.
Subject to the availability of money in the Fund, a public school may apply for a grant under the Program for expenses paid or incurred, or that will be paid or incurred, to provide transportation to students for field trips to educational institutions that are qualified as State–aided educational institutions under Title 5, Subtitle 5 of this article.
When making grants, the Department shall prioritize public schools at which at least 40% of the registered students are eligible for the federal free or reduced price meal program.
There is a State–Aided Institutions Field Trip Fund.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money received by the Fund from fines for vehicle security lapses under § 17–106 of the Transportation Article; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
Providing grants under the Program; and
Administrative costs of the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the General Fund of the State.
The Department shall adopt regulations to carry out this section.
In this subtitle the following words have the meanings indicated.
“Computer-based technology” means computer hardware or software used by teachers and students in the delivery of an instructional program.
“Eligible consortium” includes a local educational agency and a public or private nonprofit organization.
“Instructional programming” means the full range of audio and video text, graphics, or additional state-of-the-art communications distributed through interactive, command and control, or passive methods for the purpose of education and instruction.
“Students” means students from a broad range of backgrounds and circumstances, including:
Disadvantaged students;
Students with diverse racial, ethnic, and cultural backgrounds;
Students with disabilities;
Students with limited English proficiency;
Students who have dropped out of school; and
Academically talented students.
“Technology” means the latest state-of-the-art technology products and services, including:
Closed circuit television systems;
Educational television and radio broadcasting;
Cable television;
Satellite;
Copper and fiber-optic transmission;
Computer and computer-based technology;
Video and audio laser and CD ROM discs;
Video and audio tapes or other technologies; and
Web-based resources and courses.
The General Assembly finds that:
Technology applications can propel the State’s school systems into immediate and dramatic reform, without which the State will not meet the very ambitious National Education Goals;
Creative uses of technology can reshape the State’s outdated method of providing education and empower teachers to create an environment where students can be challenged through rigorous, rich classroom instruction at a pace that suits the learning style of each individual student;
The acquisition and use of technology in education throughout the State has been enhanced by:
The increased exposure of students and teachers to the power of technology as a cost–effective tool to improve student learning and achievement;
The ability of the State and county boards to invest in and support needed technologies;
The increased networking infrastructure and Internet access in schools and in classrooms; and
The increased availability of technology–enhanced curriculum, staff development, and administrative support resources and services in the educational marketplace;
Advancements in technology offer new and interesting possibilities to promote new partnerships among teachers, students, parents, communities, and industry in the quest for knowledge and the process for learning;
The use of technology will cultivate and maintain a technologically literate citizenry and internationally competitive workforce when used as an essential tool in the learning process;
In support of the overall national technology policy, the State Department of Education and the Department of Commerce must assume a vital leadership and coordinating role in providing the State’s vision and strategy to infuse advanced technology throughout all educational programs;
State support can ease the burden at the local level by enabling the acquisition of advanced technology, teacher training and support, Web–based distance–learning resources, and market development for new educational products;
Continuing professional development for teachers and administrators requires constant access to the latest advancements in technology to keep teachers and administrators excited and knowledgeable about the unfolding opportunities for the classroom; and
The increasing use of new technologies and telecommunications systems in business has increased the gap between schooling and workforce preparation.
It is the purpose of this subtitle:
To offer incentives and opportunities for creative public and private partnerships within the marketplace to develop state–of–the–art educational technology products and services that promote the use of advanced technologies in the classroom;
To avoid duplication and the development of incompatible systems by strengthening and building upon existing telecommunications infrastructure dedicated to educational purposes;
To provide Maryland public school students with equal opportunities to develop a strong academic foundation;
To facilitate expanded educational choices not otherwise available to Maryland public school students through online courses and services; and
To expand professional development opportunities available to educational staff in Maryland public schools through online courses and services.
The State Superintendent may:
Procure and develop curriculum-based learning resources using state-of-the-art technologies and techniques designed to increase the achievement levels of all students in all subject areas;
Procure and develop long-term comprehensive instructional programming and associated support resources that ensure maximum access by all educational institutions;
Develop standards for teachers and other school system employees for the offering of courses or services on the Internet or through other developing technologies;
Review courses and courseware to assure quality and alignment with the Maryland content standards and other appropriate standards;
Track and issue periodic reports on the type and frequency of courses or services utilized by teachers and other professionals under this section; and
Award grants to eligible private or public consortia to enable eligible consortia to develop state-of-the-art technology-enhanced instructional products, resources, and services for use in the classroom, including:
The development, production, and distribution of instructional programming for students;
Staff development programming for teachers; and
Incorporation of creative state-of-the-art applications of technology-enhanced learning resources, such as:
Computer software;
Databases;
Films;
Transparencies;
Multimedia video and audio discs;
Telecommunications;
Educational television;
Print resources; and
Web-based resources and courses.
In accordance with Subtitle 10A of this title, the State Superintendent shall award a grant for the implementation of a pilot program to introduce elementary age students to computer technology and train teachers to integrate that technology into their curriculum.
In awarding grants under § 7-904(a) of this subtitle, the State Superintendent shall give priority to applications describing programs or systems that are developed:
For statewide application at a reasonable cost;
In consultation with classroom teachers; and
Through consultation and collaboration with appropriate educational entities to ensure relevance to State content standards and to other appropriate State standards.
Notwithstanding any other provision of law, any royalties or fees paid to any county board or to the Department as a result of assistance provided under this subtitle shall be used by the county board or Department for further development of curriculum-based learning resources authorized under this subtitle.
The State Superintendent shall allow an eligible consortium to receive a financial benefit from the distribution of programming assisted under this subtitle.
An eligible consortium that receives a financial benefit shall use the benefit:
To support further development of curriculum-specific programming; and
To provide greater access to a wider audience of educational programming.
The State Superintendent and the Secretary of Commerce may provide assistance to an eligible consortium to enable the eligible consortium to establish, promote, advance, improve, and participate in projects for the purpose of encouraging the understanding and use of technology in connection with education.
An eligible consortium assisted under subsection (a) of this section shall develop:
An interactive video, audio, and text communications database;
Connectivity between elementary and secondary schools, colleges, and universities;
A means to provide information to teachers, administrators, parents, and other interested community entities on State and local educational technology initiatives;
A staff demonstration project; and
A significant contribution and participation from business and industry, local government, teacher associations, administrator associations, regional high technology councils, and community leaders.
The State Superintendent, in collaboration with the Secretary of Commerce, may:
Provide direction and support for the conduct of research on advanced educational technologies;
Provide support for long–term comprehensive educational applications of advanced high performance computer and communication technologies and video technologies in support of the core subjects of the National Education Goals;
Ensure that high performance computing and telecommunications networks (or information highways) are developed with consideration to the needs of elementary and secondary education to facilitate educational uses, to provide access to classrooms and libraries in elementary and secondary schools, and to improve student learning; and
Assess the effectiveness of technology in education programs.
The State Superintendent may award grants to or enter into contracts with eligible consortia for research projects intended to develop educational applications using advanced technologies.
To obtain a grant or a contract under this section, an eligible consortium shall submit to the State Superintendent an application at the time and in the form that the State Superintendent requires.
The State Superintendent shall require an application submitted under paragraph (1) of this subsection clearly to define:
The scope and content of the subject matter of the research; and
The relevance of the advanced technology to the content for purposes of improving both the educational system and the State’s economic competitiveness.
In this section the following words have the meanings indicated.
“Digital tool” means:
An online platform;
An online course;
Information and communication technology services, including software and operating systems, that are directly connected to student instruction;
Digital content; or
Other digital technologies not requiring sight in an equally effective and integrated manner.
“Equivalent access” means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology, including by nonvisual means, so that a student with disabilities can access the same services as a student without disabilities with substantially equivalent ease of use.
“Equivalent access” includes:
Keyboard controls used for input and synthesized speech;
Braille; and
Other audible or tactile means used for output.
“Nonvisual access” means the ability to receive, use, and manipulate information and operate controls necessary to access information and communications technology through keyboard controls, synthesized speech, braille, or other methods not requiring sight.
Beginning with the 2025–2026 school year through the 2027–2028 school year, this section does not apply to the procurement and use of a digital tool that utilizes artificial intelligence, as defined in § 3.5–801 of the State Finance and Procurement Article, to support student learning.
The State Superintendent and the Secretary of Disabilities jointly shall ensure that specifications used in all grants and procurement contracts for digital tools require equivalent access for students with disabilities, including blindness, in accordance with the technical standards for electronic and information technology issued under subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2).
Specifications used in all grants and procurement contracts for digital tools shall give primary consideration to the pedagogical value of the digital tools.
Invitations for bids, requests for proposals, procurement contracts, grants, or modifications to contracts or grants issued by the State or any local school system shall include notice of the equivalent access requirement whenever funds awarded may be used to develop or obtain digital tools.
Beginning September 1, 2023, an invitation for bids or request for proposals for a digital tool issued by the State Board or a local school system shall require a vendor to submit an accessibility conformance report that includes a Voluntary Product Accessibility Template.
The accessibility conformance report required in subparagraph (i) of this paragraph shall explain how information and communication technology products, including software, electronic content, and support documentation, conform to the most recent Section 508 standards for information technology accessibility under the federal Rehabilitation Act of 1973.
A local school system shall establish a process to evaluate a digital tool being considered for development or purchase for conformity with the requirements of this section.
The evaluation process established under subparagraph (i) of this paragraph shall include evaluation of the digital tool for equivalent access and nonvisual access by an employee or a contractor of the local school system who:
Specializes in accessibility and Web Content Accessibility Guidelines; or
Is a blindness specialist who is knowledgeable in accessibility.
A procurement contract for a digital tool shall require a vendor to indemnify the State Board or a local school system for liability and costs arising from the failure of the digital tool to meet the requirements of this section.
Except as provided in subsection (e)(2) of this section, the State Board or a local school system may not approve a procurement contract for a digital tool that fails to meet the requirements of this section.
The State and each local school system shall also ensure that the equivalent access standards are included in guidelines used for design specifications for and evaluation and selection of digital tools.
Following an evaluation of digital tools, the State or local school system shall, from among digital tools that offer pedagogical value, prioritize the available product that best meets the specifications and has the greatest functionality for equivalent access for students with disabilities, including blindness.
Beginning October 1, 2024, following an evaluation of digital tools, a local school system shall select, from among the available products that offer pedagogical value, the available product that best meets the equivalent access standards and has the greatest functionality for equivalent access for students with disabilities, including blindness.
If a local school system determines that a product that meets the equivalent access standards is not available, or if obtaining an available product would fundamentally alter the nature of the instructional activity or would result in an undue burden, the local school system shall notify the Department.
After the Department receives a notice under subparagraph (i) of this paragraph, the Department shall consult with the Department of Information Technology and the Department of Disabilities to determine how to proceed.
If, after the consultation process, the Department determines that there is an available product that meets the equivalent access standard, a local school system shall obtain that product.
If, after the consultation process, the Department determines that there is no available product that meets the equivalent access standards, a local school system may, with the Department’s approval, obtain a product that does not meet the equivalent access standards but provides the best equivalent functionality.
A digital tool developed or purchased by a county board for use by the local school system shall include specifications for access for students with disabilities, including nonvisual access, in accordance with the technical standards for electronic and information technology issued under:
Subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973; or
Any other widely accepted and freely available technical standard.
A local school system shall provide a student with disabilities access to digital tools that:
Provide equivalent access to and are independently usable by a student with disabilities; and
Enable a student with disabilities to acquire the same information, participate in the same interactions, and access the same services as a student without disabilities, with substantially equivalent ease of use.
If a local school system finds that a digital tool fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access, within 18 months after development or purchase of the digital tool, the local school system shall send a written notice to the vendor of the vendor’s failure to comply with the equivalent access standards required under the procurement contract.
On receipt of notice from a local school system under subparagraph (i) of this paragraph, a vendor, at the vendor’s expense, shall modify the digital tool to meet the required equivalent access standards within a time frame agreed on by the local school system and the vendor.
A vendor that fails to meet the equivalent access standards in accordance with paragraph (1)(ii) of this subsection:
Is subject to a civil penalty of:
For a first offense, a fine not exceeding $5,000; or
For a subsequent offense, a fine not exceeding $10,000; and
Shall indemnify the State Board or county board for liability resulting from the use of a digital tool that fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access.
If digital tools are provided to a student without a disability and not to a student with a disability, the State or local school system shall implement an alternative method of instruction, including use of other digital tools, if available, designed to enable a student with a disability to achieve the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation Act of 1973.
An online platform, online content, website, web service, webpage, educational resource product, or online curriculum developed or purchased by a county board that is made available to enrolled students of the local school system or online to the public shall comply with the most recent version of the World Wide Web Consortium’s Web Content Accessibility Guidelines.
On or before October 1, 2023, and each October 1 thereafter, each local school system shall submit a report to the Department on the accessibility of the digital tools the local school system developed or purchased for use during the immediately preceding fiscal year.
The Department shall compile the information received under paragraph (1) of this subsection and make the information available on the Department’s website, including the status of the accessibility of the digital tools used in each local school system.
The Department shall:
Monitor compliance with the requirements for accessibility of digital tools under COMAR 13A.06.05;
Annually update the requirements for accessibility of digital tools under COMAR 13A.06.05; and
On or before December 31 each year, report its findings to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
In this subtitle, “digital content” means any online information subscription database and electronic resource applicable to the Maryland PreK–12 curriculum.
The General Assembly finds that:
Technology applications can propel the State’s schools into immediate and dramatic reform without which the State will not meet the ambitious No Child Left Behind goals, the Department’s Strategic Plan, or the Department’s Technology Plan;
Access to appropriate high quality digital content supports the preparation of the State’s students for the current and future workforce with the knowledge and skills necessary for the success of and the socioeconomic benefit to the State;
Providing equitable access to digital content for the State’s students and educators helps to prepare students to pursue high–level careers in science, technology, engineering, and mathematics for the good of the State and the nation;
Creative uses of technology can provide an environment where students are challenged through rigorous, relevant learning experiences that address the learning styles of each student; and
There is a need to provide equitable access to high quality digital content across districts and schools through the Internet and through developing technologies.
There is a MDK12 Digital Library in the Department.
The purposes of the MDK12 Digital Library are to:
Provide equitable access to digital content for all Maryland K–12 students and educators;
Improve school library programs with advanced digital technologies;
Create fiscal efficiencies in the purchase of digital content through enhanced cooperation among schools and the Department; and
Support effective teaching and learning by connecting digital content with the Maryland content standards, workforce development, and science, technology, engineering, and mathematics initiatives.
The MDK12 Digital Library is a purchasing consortium for the acquisition of digital content.
The MDK12 Digital Library shall be administered by a steering committee that consists of:
One representative from each member local school system;
One representative from the Department; and
One individual selected by member private nonprofit schools to represent all member private nonprofit schools.
Each representative from each of the member local school systems shall be a school library administrator or the designee of a school library administrator.
The steering committee shall:
Establish criteria to evaluate and select digital content;
Make a good faith estimate of the digital content that they intend to purchase under each bid and provide the estimate to the Department by the date requested;
Collect and analyze usage data to report on program effectiveness and determine professional development requirements;
Request and award bids for the purchase and distribution of digital content to acquire better pricing through volume purchases; and
Identify vendors of digital content.
Subject to paragraph (4) of this subsection, members of the MDK12 Digital Library may include the public school systems of the State and private nonprofit schools that are approved by the Department.
The MDK12 Digital Library members shall agree to:
Report digital content usage data to the steering committee;
Solely utilize the pricing agreements established by the steering committee;
Not place independent orders with identified vendors for prices less than those negotiated by the steering committee; and
Notify the steering committee and the Department if a vendor verbally or by writing offers a better price than that negotiated by the steering committee.
The State Board and the State Superintendent shall encourage local school systems and member private nonprofit schools to:
Provide professional development for school librarians and other educators to effectively use digital content in teaching and learning;
Support student use of digital content through school libraries in collaboration with classroom and resource teachers;
Promote the availability of digital content to students, educators, and parents; and
Instruct students and educators how to access digital content.
The MDK12 Digital Library may develop programs to support all residents of the State in collaboration with the State Library Resource Center under § 23–201 of this article and the Maryland Digital Library under § 11–801 of this article.
The Department shall employ one half–time position to coordinate the MDK12 Digital Library.
On or before October 1 of each year, the MDK12 Digital Library Steering Committee shall submit a report regarding the financial status and operations of the MDK12 Digital Library during the prior fiscal year to the Department.
In this subtitle the following words have the meanings indicated.
“Center” means the National Center for School Mental Health at the University of Maryland School of Medicine.
“Guide” means the youth–centric technology and social media resource guide.
“Youth–centric technology” means products, platforms, and software that is designed for use by children or that is frequently used by children.
“Youth–centric technology” includes:
Social media platforms;
Online games;
Artificial intelligence products;
Nonalgorithm–driven virtual communication platforms;
E–commerce platforms;
Smart phones;
Laptops; and
Any other product, service, or device an individual can use to communicate with other individuals through the Internet.
Beginning in the 2027–2028 school year, the National Center for School Mental Health at the University of Maryland School of Medicine, in consultation with the Department, shall develop and publish a youth–centric technology and social media resource guide that meets the requirements under § 7–9B–03 of this subtitle.
The guide shall cover commonly used youth–centric technology for:
Personal use by children; and
Delivering education to children.
The Center shall complete the guide before the 2027–2028 school year.
The Center shall periodically update the guide.
The purpose of the guide is to provide:
Age–appropriate information and best practices for youth–centric technology that:
Encourages students and parents and guardians to understand how youth–centric technology and social media can be used and misused by developers and users; and
Promotes informed decision making when using youth–centric technology; and
Information and guidance on the safe use of youth–centric technology, including the Internet and social media by students in prekindergarten through grade 12.
On or before September 1, 2026, the Center shall complete a needs assessment to assist in the development of the guide.
The needs assessment shall include a review of:
Existing State and federal resources for contribution to the development of the guide;
Existing efforts to educate families on the impact of youth–centric technology and social media on the mental health of youth in the State; and
Gaps in the existing resources and education efforts.
The guide developed under § 7–9B–02 of this subtitle shall include a service and product landscape review of youth–centric technology that contains:
The name of a specific product or service;
The purported function of the product or service;
Any privacy, safety, or security concerns with regard to whether and how data is captured, stored, or shared by the product or service;
Whether the product or service affects addictive qualities in a user and, if so, how;
Ways in which a student in prekindergarten through grade 12 could access a specific product or service, including whether a specific product or service is available through a device provided by a public school;
Any information on the potential harmful impact on a user, including emotional, psychological, and physical impacts; and
Positive and negative impact potential on academic growth and learning.
If the Center finds a gap in available information relating to a specific youth–centered technology in the course of the landscape review, the Center shall make a reference to the lack of available information in the guide.
The guide may include other State, federal, nonprofit, or public resources.
The guide shall be written in plain English and clearly display contact information for the Center.
On request, the Center shall provide translated copies of the guide.
Beginning with the 2027–2028 school year, on or before the first day of each school year, the guide shall be:
Posted on the websites of the Department and each county board; and
Distributed to:
Each public school; and
The parent teacher organization for each public school.
There is a Maryland Technology Academy in the Department.
The purpose of the Academy is to:
Provide intensive learning opportunities for teachers in the State each year on how to use technology to significantly impact student learning; and
Promote the overall improvement of public schools in the State.
Under the direction and supervision of the Department, the Academy shall arrange for the conducting of 3- to 5-week summer sessions each year for elementary, middle, and high school teachers in the State.
The summer sessions shall utilize an intensive curriculum in technology that is structured in such a manner to require the participating teachers to:
Examine and discuss technological research and engage in practicing the use of technology in the classroom and school setting;
Participate in and critique demonstrations of the use of technology;
Prepare and present a technology-based project in an area of interest; and
Develop an understanding and knowledge of how to collect and analyze student data to determine effective uses of technology and how the use of technology impacts student learning.
The Academy shall organize the summer sessions on the basis of:
Creating participant teams of elementary, middle, and high school teachers as well as instructors from colleges of education; and
Utilizing instructors from institutions of higher education as well as teacher experts, national experts, and outside consultants.
The Academy shall provide opportunities for teachers, after their completion of a summer session, to continue to learn about the uses and impact of technology in the classroom through the establishment of appropriate conferences, study groups, distance-learning activities, and peer coaching sessions.
The Department shall establish guidelines for the application and selection of participants in the Academy and any other appropriate matter to implement the provisions of this subtitle.
Funds for the Academy shall be as provided in the annual budget of the Department.
The Department shall provide Maryland virtual learning opportunities that include:
Offering a distance–learning program to provide Maryland public school students with equal opportunities to develop a strong academic foundation;
Offering expanded educational choices not otherwise available to students through online courses and services; and
Expanding the professional development opportunities available to educational staff in Maryland public schools through online courses and services.
A county board may request that the Department develop or review and approve online courses and services under paragraph (2) of this subsection.
Within 15 days after the receipt of a request under subparagraph (i) of this paragraph, the Department shall determine whether the development or review and approval of the online courses and services shall be delegated to a county board under paragraph (2)(ii) of this subsection.
If the Department does not delegate the development or review and approval of the online courses and services to a county board, the Department shall develop or review and approve online courses and services under paragraph (2) of this subsection within 120 days after the receipt of a request made by a county board under subparagraph (i) of this paragraph.
Subject to subparagraph (ii) of this paragraph, the Department shall:
Develop online courses and services; or
Review and approve online courses and services;
Develop standards for teachers and other school system employees for the offering of courses or services on the Internet or through other developing technologies; and
Review courses and courseware to assure quality and alignment with the Maryland content standards and other appropriate standards.
Subject to subparagraph (v) of this paragraph, the Department may delegate the authority to develop or review and approve online courses and services to a county board.
If the Department delegates the authority to develop or review and approve online courses and services to a county board, the county board may impose reasonable fees to be paid by the vendor to cover the cost of reviewing and approving online courses and services.
A county board shall remit 15% of the fees collected under subparagraph (iii) of this paragraph to the Department.
A county board shall request approval of the online course from the Department when the county board has completed the development or review and approval of online courses and services.
Within 45 days after a request under subsubparagraph 1 of this subparagraph, the Department shall approve or disapprove the online course based on criteria and guidelines developed by the Department.
The development, review, and approval of an online course or service conducted under this subsection shall include an assessment regarding the accessibility of the online course or service to individuals with disabilities, including the blind.
The Department may contract with a third party to:
Develop an assessment regarding accessibility required under subparagraph (i) of this paragraph; or
Conduct an assessment of course accessibility required under subparagraph (i) of this paragraph that will determine the approval or denial status of the course and provide feedback to the course provider.
There is a Maryland Virtual Learning Opportunities Fund.
The State Board may set reasonable fees for:
Developing or reviewing online courses and services;
Processing approvals for online courses and services;
Developing an assessment regarding the accessibility of an online course or service to individuals with disabilities, including the blind; and
Assessing an online course for its accessibility to individuals with disabilities, including the blind.
The fees charged shall be set so as to produce funds to support maintenance of Maryland virtual learning opportunities.
The State Board shall pay all funds collected under this subtitle to the Comptroller of the State.
The Comptroller shall distribute the fees to the Maryland Virtual Learning Opportunities Fund.
The Fund is a continuing, nonlapsing fund not subject to § 7–302 of the State Finance and Procurement Article.
Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this subtitle.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
The State Board may adopt regulations to implement the provisions of this section.
In this subtitle the following words have the meanings indicated.
“Pilot program” means the Educational Technology Pilot Program.
“Program provider” means a nonprofit organization that, as determined by the State Superintendent:
Exclusively focuses on the improvement of performance management and the use of technology for other nonprofit organizations and schools;
Has demonstrated experience in providing a range of assistance to nonprofit community-based organizations and schools including:
Assessing performance and the use of technology;
Developing recommendations to improve performance and the use of technology; and
Implementing those recommendations;
Has demonstrated the ability to identify areas for program improvement related to the use of technology in classrooms and by administrators;
Has demonstrated the ability to develop an implementation plan for recommended improvements;
Has demonstrated the ability to assist with and provide on-site, hands-on guidance with the implementation of the recommendations; and
Has demonstrated the ability to create an on-line community that allows teachers, parents, policymakers, and other stakeholders to communicate and provide support during and following the assessment and implementation process.
There is an Educational Technology Pilot Program in the Department.
The purpose of the pilot program is to introduce elementary age students to computer technology and train teachers to integrate such technology into their curriculum.
In accordance with § 7-10A-05 of this subtitle, the State Superintendent and program providers, chosen by the State Superintendent, shall develop a plan to implement the pilot program in two elementary schools in the following school systems:
Baltimore City;
Dorchester County;
Prince George’s County;
Somerset County; and
St. Mary’s County.
The plan to implement the pilot program shall:
Provide a useful educational medium for students in the pilot program;
Be capable of being implemented at a reasonable cost;
Encourage and develop students’ familiarity with computer technology and train teachers to integrate such technology into their curriculum;
Add to the increased performance of the students participating in the program; and
Provide performance indicators that illustrate how teachers’ familiarity with technology and teaching resources within the pilot program have increased.
On approval of the plan to implement the pilot program into a school system, the State Superintendent shall provide a grant to the county board of the school system in which the pilot program will be implemented.
Funding for the State Superintendent to carry out the provisions of this subtitle shall be as provided in the State budget.
In the counties in which the pilot program is implemented, each county board shall issue a report on the status of, and the benefits accrued from, the pilot program, to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly within 2 years from the date the State Superintendent awards a grant to the county board under this subtitle.
In this subtitle the following terms have the meanings indicated.
“Behavior intervention plan” means a proactive plan designed to address problem behavior exhibited by a student in the educational setting through the use of positive behavioral interventions, strategies, and supports.
“Nonpublic school” means a school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities.
“Physical restraint” means a personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely that occurs during school hours.
“Physical restraint” does not include:
Briefly holding a student in order to calm or comfort the student;
Holding a student’s hand or arm to escort the student safely from one area to another;
Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or
Breaking up a fight in the school building or on school grounds.
“Public agency” means the Department, a local school system, the Maryland School for the Deaf, the Maryland School for the Blind, or the Juvenile Services Education Program.
“Seclusion” means the confinement of a student alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving during school hours.
“Seclusion” does not include a behavior intervention plan of separating a student by placing the student:
Into a nonlocked room from which the student is allowed to leave; or
Within a separate location in a classroom from which the student is not physically prevented from leaving.
“Trauma–informed intervention” means an approach to behavior intervention that is informed by the recognition that the experience of trauma, including the experience of violence, abuse, neglect, disaster, terrorism, and war, may have a significant impact on an individual’s physical and emotional health and ability to function.
This section does not apply to the Juvenile Services Education Program.
A public agency may not use seclusion as a behavioral health intervention for a student.
Neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless:
Physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and
Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.
A nonpublic school may not use seclusion as a behavioral health intervention for a student unless:
Seclusion is necessary to protect the student or another individual from imminent serious physical harm;
Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;
A health care practitioner who qualifies under subsection (e) of this section is on site and is directly observing the student during the seclusion;
The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student;
If the door to the room in which the student is being secluded has a locking mechanism, the locking mechanism is engaged only if held in place by an individual or, if operated electronically, automatically releases in the case of an active fire alarm; and
The period of seclusion lasts the lesser of:
30 minutes; or
A point in time during which the student no longer poses a threat of imminent serious physical harm.
For a student who has an individualized education program and is placed in seclusion, the individualized education program team, in consultation with the health care practitioner who observed the seclusion, shall review the student’s physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student.
A determination under this paragraph shall be made:
At each annual review of the student’s individualized education program; and
Within 10 days of a student’s placement being changed.
If a student’s behavior is adversely affected after being placed in seclusion, the nonpublic school shall convene a pupil personnel meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.
If the behavior of a student with an individualized education program is adversely affected after being placed in seclusion, the student’s individualized education program team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.
Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall:
Be a physician, licensed to practice under Title 14 of the Health Occupations Article;
Be a psychologist, licensed to practice under Title 18 of the Health Occupations Article;
Be a clinical social worker, licensed to practice under Title 19 of the Health Occupations Article;
Be a registered nurse, licensed to practice under Title 8 of the Health Occupations Article; or
Be a clinical professional counselor, licensed under Title 17 of the Health Occupations Article;
Have received training in all topics required under COMAR 13A.08.04.06, in effect on June 30, 2022; and
Be clinically familiar with a student.
In this section, each incident during a behavioral health intervention in which a student is enclosed in a room, enclosure, or other space and prevented from leaving, shall be counted as a separate incident of seclusion regardless of the duration of the incident.
If a student enrolled in a public school is physically restrained 10 times or more in a school year, the public school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student’s 10th incident of physical restraint.
If a student placed in a nonpublic school by the local school system is physically restrained or placed in seclusion 10 times or more in a school year, the nonpublic school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student’s 10th incident of physical restraint or seclusion.
On receipt of notice from a public school or nonpublic school under subsection (b) of this section, the local school system shall:
Review the student’s case, including the circumstances of each incident of physical restraint or seclusion;
Assess the public school’s or nonpublic school’s pattern of behavioral health interventions to evaluate whether the public school or nonpublic school could use less restrictive behavioral health interventions; and
Share the local school system’s recommendations with the Department and the public school or nonpublic school.
If a student enrolled in a public agency that is not a public school is physically restrained 10 times or more in a school year, the public agency shall provide notice to the Department at the earliest opportunity, but not longer than 4 business days after the student’s 10th incident of physical restraint.
On receipt of notice from a public agency under subsection (d) of this section, the Department shall:
Review the student’s case, including the circumstances of each incident of physical restraint;
Assess the public agency’s pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and
Share the Department’s recommendations with the public agency.
On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report for the prior school year on:
The number of physical restraint incidents, disaggregated by the student’s jurisdiction, disability, race, gender, age, and type of placement;
The number of physical restraint incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement;
For nonpublic schools, the number of seclusion incidents, disaggregated by the student’s jurisdiction, disability, race, gender, and age; and
For nonpublic schools, the number of seclusion incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, and age.
To determine the number of incidents for the report required under paragraph (1) of this subsection:
A seclusion incident shall be considered ended if at any point during the incident the student is no longer prevented from leaving or is removed from a room, an enclosure, or other space; and
If after a seclusion incident has ended in accordance with item (i) of this paragraph, the public agency or nonpublic school determines that it is necessary to place the student in seclusion again, the subsequent confinement of the student in a room, enclosure, or other space shall be considered a separate seclusion incident.
The Department shall verify the accuracy of a report from any public agency or nonpublic school that reports no physical restraint or seclusion incidents under this subsection.
If the Department is unable to verify the accuracy of a report submitted by a public agency or nonpublic school, the Department shall make recommendations for improvements in data collection and positive behavioral interventions at the public agency or nonpublic school.
On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report on steps taken to encourage positive behavioral interventions, including:
The professional development provided to designated school personnel related to positive behavioral interventions, strategies, and supports and trauma–informed interventions for the prior school year;
For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and
The policy changes or new professional development opportunities designed to further increase positive behavioral interventions and reduce physical restraint or seclusion incidents in the upcoming school year.
Each nonpublic school shall:
Personally observe and review seclusion rooms;
Review training plans for the use of seclusion; and
Report to the Department regarding findings made under items (1) and (2) of this subsection.
The Department shall:
Provide guidance to nonpublic schools regarding the requirements of the use of seclusion and rooms for seclusion;
Develop an accountability system to measure compliance by public agencies and nonpublic schools with COMAR 13A.08.04 and any other regulations adopted to implement this subtitle;
Analyze the data and information collected under this section to determine trends and patterns in behavioral interventions; and
Report to the General Assembly, in accordance with § 2–1257 of the State Government Article, regarding findings and recommendations reported to the Department under this section.
In the report required under paragraph (1)(iv) of this subsection, the Department shall provide data for public agencies and nonpublic schools by school, subject to State and federal privacy laws.
The data provided under this paragraph shall be presented in a manner that accounts for variation in enrollment between schools.
Within 30 days of submitting the report required under paragraph (1)(iv) of this subsection, the Department shall publish the report on its website.
Each public agency and nonpublic school shall develop policies and procedures in compliance with this subtitle and the regulations adopted by the Department.
A public agency and the local school system in which the public agency is located or a nonpublic school shall submit a systemic, evidence–based corrective action plan to the Department if the public agency or nonpublic school:
Fails to comply with any provision of this subtitle; or
Reports to the Department that a student has been physically restrained or placed in seclusion 10 times or more in a school year under § 7–1103 of this subtitle.
The Department shall adopt regulations to implement the provisions of this section.
Subject to the requirements of this section, the State Superintendent shall, in consultation with representatives of institutions of higher education and the Professional Standards and Teacher Education Board under Title 6, Subtitle 7 of this article, adopt positive behavioral intervention training requirements for teachers, administrators, behavioral health specialists, paraprofessionals, aides, and any other employees who interact routinely with students.
Before adopting the training requirements under subsection (a) of this section, the State Superintendent shall identify any gaps in behavioral interventions, strategies, and supports.
The training requirements adopted under subsection (a) of this section shall include positive behavioral interventions, strategies, and supports that:
Are evidence–based;
Include trauma–informed interventions and strategies for de–escalation;
Remedy any gaps identified under subsection (b) of this section; and
Are consistent with professionally accepted practices and standards for persons entering the field of education.
The training requirements adopted under subsection (a) of this section shall be the basis of a program of professional development that the State Superintendent shall share with school employees from public agencies and nonpublic schools.
The State Superintendent shall issue guidance on best practices in implementing positive behavior intervention plans that are the basis for the professional development program.
In this subtitle the following words have the meanings indicated.
“Behavior intervention plan” has the meaning stated in § 7–1101 of this title.
“Elopement” means the act of a student leaving the school campus without the permission of a school staff member who has responsibility for the student.
“IEP” means an individualized education program as defined under the federal Individuals with Disabilities Education Act.
“Nonpublic school” has the meaning stated in § 7–1101 of this title.
“School” means:
A public elementary, middle, or high school;
The Maryland School for the Blind;
The Maryland School for the Deaf; and
A nonpublic school.
“School campus” means the buildings and grounds of a school, including a playground.
“Wandering” means the act of a student leaving a classroom or area on the school campus, but not leaving the school campus, without the permission of a school staff member who has responsibility for the student.
“Wandering” does not include a student leaving a classroom or area on the school campus under a flash pass or another standing arrangement that has been approved by a school administrator.
Each time a student attempts or accomplishes an elopement, the school shall notify the student’s parent or guardian of the elopement incident on the same day as the elopement incident.
At least one time each year, a school or a student’s IEP team shall review and address with relevant stakeholders a student’s wandering or elopement behavior in updating the student’s IEP or behavior intervention plan.
A school shall develop policies and procedures to implement the requirements of this subtitle.
The definitions in § 1–101 of this article do not apply to the Interstate Compact set forth in § 7–1303 of this subtitle.
In the Interstate Compact set forth in § 7–1303 of this subtitle, unless the context clearly requires otherwise, “article”, “section”, and “subsection” mean an article, section, and subsection, respectively, of the Interstate Compact.
On behalf of this State, the Governor shall execute, with the other member states, the Interstate Compact substantially as it appears in § 7–1303 of this subtitle.
The State of Maryland and other states, hereinafter “member states”, hereby enter into an Interstate Compact, as set forth below, for the purpose of facilitating the timely enrollment and transfer of children of military families in elementary and secondary schools due to the frequent movement and deployment of their parents. This Interstate Compact shall be known and may be cited as the Interstate Compact on Educational Opportunity for Military Children.
ARTICLE I
PURPOSE
It is the purpose of this Compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or variations in entrance or age requirements;
Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment;
Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities;
Facilitating the on–time graduation of children of military families;
Providing for the promulgation and enforcement of administrative rules implementing the provisions of this Compact;
Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this Compact;
Promoting coordination between this Compact and other compacts affecting military children; and
Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.
ARTICLE II
DEFINITIONS
As used in this Compact, unless the context clearly requires a different construction:
“Active duty” means full–time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211;
“Children of military families” means school–aged children, enrolled in kindergarten through 12th grade, in the household of an active duty member;
“Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this Compact;
“Deployment” means the period 1 month prior to the service members’ departure from their home station on military orders through 6 months after return to their home station;
“Educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs;
“Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities;
“Interstate Commission on Educational Opportunity for Military Children” means the commission that is created under Article IX of this Compact, which is generally referred to as the Interstate Commission;
“Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through 12th–grade public educational institutions;
“Member state” means a state that has enacted this Compact;
“Military installation” means a base, camp, post, 1 station, yard, center, home port facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility that is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. territory. Such term does not include any facility used primarily for civil works, rivers, harbor projects, or flood control projects;
“Nonmember state” means a state that has not enacted this Compact;
“Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought;
“Rule” means a written statement by the Interstate Commission promulgated pursuant to Article XII of this Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule;
“Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought;
“State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. territory;
“Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through 12th grade;
“Transition” means:
The formal and physical process of transferring from school to school; or
The period of time in which a student moves from one school in the sending state to another school in the receiving state;
“Uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and public health services; and
“Veteran” means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.
ARTICLE III
APPLICABILITY
Except as otherwise provided in Section B, this Compact shall apply to the children of:
Active duty members of the uniformed services as defined in this Compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211;
Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of 1 year after medical discharge or retirement; and
Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of 1 year after death.
The provisions of this Interstate Compact shall only apply to local education agencies as defined in this Compact.
The provisions of this Compact shall not apply to the children of:
Inactive members of the National Guard and military reserves;
Members of the uniformed services now retired, except as provided in Section A;
Veterans of the uniformed services, except as provided in Section A; and
Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
ARTICLE IV
EDUCATIONAL RECORDS AND ENROLLMENT
Unofficial or “hand–carried” educational records – In the event that official educational records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial educational records pending validation by the official educational records as quickly as possible.
Official educational records/transcripts – Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official educational record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official educational records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
Immunizations – Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
Kindergarten and first–grade entrance age – Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on the student’s validated level from an accredited school in the sending state.
ARTICLE V
PLACEMENT AND ATTENDANCE
Course placement – When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.
Educational program placement – The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to:
Gifted and talented programs; and
English as a second language (ESL).
This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
Special education services –
In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on the student’s current Individualized Education Program (IEP).
In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131–12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
Placement flexibility – Local education agency administrative officials shall have flexibility in waiving course/program prerequisites or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.
Absence as related to deployment activities – A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the Compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
ARTICLE VI
ELIGIBILITY
Eligibility for enrollment –
Special power of attorney relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
A transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which the child was enrolled while residing with the custodial parent.
Eligibility for extracurricular participation – State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
ARTICLE VII
GRADUATION
In order to facilitate the on–time graduation of children of military families, states and local education agencies shall incorporate the following procedures:
Waiver requirements – Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required course work so that graduation may occur on time;
Exit exams –
States shall accept:
i. Exit or end–of–course exams required for graduation from the sending state;
ii. National norm–referenced achievement tests; or
iii. Alternative testing, in lieu of testing requirements for graduation in the receiving state; and
In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Article VII, Section C shall apply; and
Transfers during senior year – Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this Compact, the member state shall use best efforts to facilitate the on–time graduation of the student in accordance with Sections A and B of this Article.
ARTICLE VIII
STATE COORDINATION
Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state’s participation in and compliance with this Compact and Interstate Commission activities. While each member state may determine the membership of its own state council, its membership must include at least the State Superintendent of Schools, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each from the legislative and executive branches of government, and representatives of other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.
The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this Compact.
In Maryland, the military family education liaison shall be located in the Maryland State Department of Education.
The Compact commissioner responsible for the administration and management of the state’s participation in the Compact shall be appointed by the Governor in consultation with the State Superintendent of Schools.
The Compact commissioner and the military family education liaison designated herein shall be ex officio members of the state council, unless either is already a full voting member of the state council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children”. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function.
The Interstate Commission shall:
Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this Compact; and
Consist of one Interstate Commission voting representative from each member state who shall be that state’s Compact commissioner.
Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
A majority of the total member states shall constitute a quorum for the transaction of business unless a larger quorum is required by the bylaws of the Interstate Commission.
A representative shall not delegate a vote to another member state. In the event the Compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or state council may delegate voting authority to another person from their state for a specified meeting.
The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
The Interstate Commission shall:
Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members;
Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings;
Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a 1–year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day–to–day activities of the administration of the Compact including enforcement and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Department of Defense shall serve as an ex officio, nonvoting member of the executive committee;
Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests;
Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two–thirds vote that an open meeting would be likely to:
i. Relate solely to the Interstate Commission’s internal personnel practices and procedures;
ii. Disclose matters specifically exempted from disclosure by federal and state statute;
iii. Disclose trade secrets or commercial or financial information which is privileged or confidential;
iv. Involve accusing a person of a crime or formally censuring a person;
v. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
vi. Disclose investigative records compiled for law enforcement purposes; or
vii. Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding;
Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, that is closed pursuant to this provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission;
Collect standardized data when possible concerning the educational transition of the children of military families under this Compact as directed through its rules that shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules; and
Create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the Compact or its rules or when issues subject to the jurisdiction of the Compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
To provide for dispute resolution among member states;
To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this Compact. The rules shall have the force and effect of statutory law and shall be binding in the Compact states to the extent and in the manner provided in this Compact;
To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the Interstate Compact, its bylaws, rules, and actions;
To enforce compliance with the Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
To establish and maintain offices that shall be located within one or more of the member states;
To purchase and maintain insurance and bonds;
To borrow, accept, hire, or contract for services of personnel;
To establish and appoint committees, including but not limited to an executive committee as required by Article IX, Section D, that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;
To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them;
To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
To establish a budget and make expenditures;
To adopt a seal and bylaws governing the management and operation of the Interstate Commission;
To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;
To coordinate education, training, and public awareness regarding the Compact, its implementation, and operation for officials and parents involved in such activity;
To establish uniform standards for the reporting, collecting, and exchanging of data;
To maintain corporate books and records in accordance with the bylaws;
To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact; and
To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this Compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including but not limited to:
Establishing the fiscal year of the Interstate Commission;
Establishing an executive committee and such other committees as may be necessary;
Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;
Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;
Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;
Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the Compact after the payment and reserving of all of its debts and obligations; and
Providing “start–up” rules for initial administration of the Compact.
The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice–chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice–chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.
Executive Committee, Officers, and Personnel –
The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:
i. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;
ii. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
iii. Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.
The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.
The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE XII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
Rulemaking Authority. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force and effect.
Rulemaking Procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000), as amended, as may be appropriate to the operations of the Interstate Commission.
Judicial Review. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.
Rejection of Rules. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
Oversight.
The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact that may affect the powers, responsibilities, or actions of the Interstate Commission.
The Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this Compact, or its promulgated rules.
Default, Technical Assistance, Suspension and Termination. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or its bylaws or promulgated rules, the Interstate Commission shall:
Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and
Provide remedial training and specific technical assistance regarding the default.
If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the member states and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
Suspension or termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
The state that has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
Dispute Resolution.
The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the Compact and that may arise among member states and between member and nonmember states.
The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
Enforcement.
The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION
The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
The Interstate Commission may levy and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
Any state is eligible to become a member state.
The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than ten of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.
The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
Withdrawal.
Once effective, the Compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law.
Withdrawal from this Compact shall be by the enactment of a statute repealing the same, but shall not take effect until 1 year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.
The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extend beyond the effective date of withdrawal.
Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.
Dissolution of Compact.
This Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the Compact to one member state.
Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force and effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
The provisions of this Compact shall be severable and, if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
The provisions of this Compact shall be liberally construed to effectuate its purposes.
Nothing in this Compact shall be construed to prohibit the applicability of other Interstate Compacts to which the states are members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Other Laws.
Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this Compact.
All member states’ laws conflicting with this Compact are superseded to the extent of the conflict.
Binding Effect of the Compact.
All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
In this subtitle the following words have the meanings indicated.
“Quality online education standards” means the National Standards for Quality Online Programs: Second Edition (2019).
“Sponsor” means a county board, having a fiduciary responsibility for the operation of the virtual school.
“Virtual school” means a public school:
Established by a county board or multiple county boards under a written agreement under § 4–109 of this article;
That uses one or more technologies to deliver instruction to its students entirely or primarily online; and
In which the students and instructors participate remotely from separate locations.
This subtitle does not apply to:
A virtual learning opportunity offered by the Department or a county board under § 7–1002 of this title;
An upper–level high school program that:
Has online components; and
Designs a student’s academic program to maximize the flexibility of the student’s schedule to accommodate the student’s work schedule; or
A public school operating under a virtual education plan during a prolonged state of emergency under Subtitle 14A of this title.
Subject to paragraph (2) of this subsection, in this subtitle any references to a county board include multiple county boards operating a virtual school under a written agreement.
If multiple county boards establish a virtual school under a written agreement, the county boards shall designate a lead county from among the participating counties.
Unless inconsistent with the provisions of this subtitle or the written agreement specifies otherwise, the policies on personnel, instruction, scheduling, and student support in the lead county shall govern the virtual school.
Except as provided in paragraph (2) of this subsection and subject to the approval of the Department, a county board may establish one virtual school for the elementary, middle, and high school grade bands.
The Department may provide preliminary authorization to a county board to establish one additional virtual school on a showing of just cause, as determined by the Department.
The Department may revoke approval of a virtual school if during the previous school year the virtual school fails to meet the standards established by the Department in regulation.
A county board may appeal a denial or revocation of approval for the establishment of a virtual school to the State Board for adjudication during a public hearing.
The State Board shall develop an appeals process to carry out the provisions of this paragraph.
A virtual school may not include classes for prekindergarten or kindergarten students.
A virtual school is subject to all applicable federal and State laws and regulations governing the operation of a public school.
Each approved virtual school shall have a unique school code assigned by the Department.
A county board may not contract with a for–profit entity, but may contract with a nonprofit entity, to operate or administer a virtual school for the county board.
The provisions of paragraph (1) of this subsection may not be construed to prohibit a county board from contracting with a for–profit entity for goods and services for a virtual school.
A student who is eligible for enrollment in a public school in the State is eligible to enroll in a virtual school.
In addition to the criteria established by the Department or a county board, an application for enrollment in a virtual school shall require an applicant to describe why instruction in a virtual learning environment will lead to successful academic outcomes for the applicant.
Subject to subparagraph (ii) of this paragraph, not more than 10% of the students who would otherwise attend a single public school in the county in any school year may enroll in a virtual school established by a county board.
A sudden decrease in enrollment in a single public school that results in 10% or more of the students who would otherwise attend that public school attending a virtual school established by a county board is not a violation of this paragraph.
The Department may authorize a county board to exceed the cap under paragraph (1) of this subsection on a showing of just cause.
Except as provided in paragraph (2) of this subsection, if a county board receives more applications than there are available spaces in a virtual school, the county board shall admit all students on a lottery basis.
A county board shall give greater weight to a student’s lottery status as a part of a lottery held under paragraph (1) of this subsection based on demographic diversity under subsection (e) of this section and any other criteria established by the county board.
To the extent practicable, the student body of a virtual school shall reflect the socioeconomic, racial, ethnic, cultural, and gender diversity of the students enrolled in the public school system in the county.
The county board shall develop an outreach campaign to provide information to the public on the availability of the virtual school option.
The outreach campaign shall be designed to encourage applications from students who meet the intent of subsection (e) of this section, including the production of materials and communications in languages spoken by more than the percentage of the student population in the local school system determined appropriate by the county board.
A virtual school shall provide each enrolled student:
Access to a sequential curriculum approved by the State Board that meets or exceeds the standards adopted by the county board in the county of the virtual school’s principal place of business or the county designated under a written agreement between multiple county boards;
The same length of time for learning opportunities per academic year that is required for public school students, unless the virtual school can show that a student has demonstrated mastery or completion of the subject area;
Regular assessment in the core areas of instruction as required by regulations adopted by the State Board under § 7–1409 of this subtitle; and
Access to the following services:
To the extent practicable, extracurricular activities at the public school the student would otherwise be required to attend in person;
Notwithstanding any other law or regulation and subject to a participation agreement between the public school and the parent or guardian of the student, to the extent practicable, participation in organized athletics and on athletic teams at the public school the student would otherwise be required to attend in person;
Wraparound services;
Food and nutrition services; and
Health care services equivalent to services available to students who receive in–person instruction in the public schools in the county.
A curriculum adopted under subsection (a) of this section shall have:
An interactive program with significant online components; and
An interactive social and emotional wellness component designed for a virtual school environment.
Beginning in the 2022–2023 school year, a virtual school shall follow the quality online education standards.
After collaboration with local school systems, the Department shall establish in regulation the following standards for all virtual schools:
Student attendance requirements and reporting;
Student engagement and conduct;
Program quality metrics;
Tracking and use of student data; and
Data reporting requirements.
A county board shall adopt policies for the mandatory return to in–person instruction for students enrolled in a virtual school, including students who are failing academically after receiving the appropriate supports.
A virtual school shall provide to the parent or guardian of each enrolled student:
Instructional materials, including software;
Information on the closest public facility that offers access to a computer and Internet connection; and
Informational materials on:
School policies;
Student attendance, conduct, and engagement requirements;
Access to extracurricular activities and wraparound services;
Access to food and nutrition services and health care services;
Technology requirements and support services;
Cybersecurity policy and best practices;
Teacher contact information and office hours; and
Any other relevant information as determined by the virtual school.
A virtual school is strongly encouraged to hold in–person orientation sessions with the students, parents or guardians, and school personnel to provide the information required under subsection (a) of this section.
A virtual school shall hold an online orientation to provide the information required under subsection (a) of this section if the virtual school is unable to hold in–person orientation sessions.
A virtual school:
May not provide funds for the purchase of instructional programs or materials to a student or to a student’s parent or guardian; and
Shall provide the appropriate digital device to a student to participate in the virtual school, if required.
A teacher assigned to a virtual school shall have a teacher’s certificate issued by the State Superintendent under Title 6 of this article or any other relevant professional certification authorized under COMAR 13A.12.01.
Teachers or education support personnel assigned to work in a virtual school shall:
Be an employee of the county, or a collaborating county, that established the virtual school;
Subject to subsection (b) of this section, be subject to the collective bargaining agreement of that jurisdiction; and
Have access to professional development.
A collective bargaining agreement may include provisions specific to employees who work in a virtual school in consideration of the conditions and requirements relevant to that work environment.
An employee assigned to a virtual school may not be required to provide virtual and in–person instruction or support to students simultaneously.
Subject to paragraph (2) of this subsection, the county board shall determine the appropriate student–teacher ratio for the size of a class in a virtual school based on multiple factors, including grade level, subject matter, and teacher workload.
The student–teacher ratio of a class in a virtual school shall be consistent with the median in–person class size by course and grade level.
A virtual school shall provide to a teacher and any other employee assigned to teach or provide direct instruction in a virtual school:
The technology and equipment required to perform the functions of the job; and
If necessary, a physical space to conduct teaching or provide direct instruction in the virtual school.
A virtual school shall have a planned staffing model, including provisions for staff recruitment, training, evaluation, and professional development.
A virtual school shall maintain an administrative office in the State that shall be considered its principal place of business.
A virtual school shall be evaluated each year by the county board based on the following criteria:
The extent to which the school demonstrates increases in student achievement according to county and State academic standards; and
The accountability and viability of the virtual school, as demonstrated by its academic, fiscal, and operational performance.
The State Superintendent may assign the duties related to the oversight of virtual schools to the appropriate office or division within the Department.
These duties shall include:
The development, compilation, and updating of best practices for teaching and learning in a virtual environment, provision of services, and the operation and administration of a virtual school; and
Liaising with county boards that operate virtual schools or other stakeholders.
The office or division assigned the duties under paragraph (1) of this subsection may create an advisory committee to provide advice on topics regarding virtual schools and virtual learning.
The State Board shall adopt regulations to carry out the provisions of this subtitle, including establishing minimum criteria for the establishment and approval of a virtual school.
In this subtitle the following words have the meanings indicated.
“Learning loss” means a general or specific loss of knowledge or skills due to an extended gap or discontinuity in a student’s regular education program.
“Prolonged state of emergency” means a state of emergency declared by the State Superintendent under § 7–14A–02 of this subtitle that prevents regular, in–person attendance at a public school for at least 14 consecutive school days.
“Student eligible for aid” means a child who:
Meets the certification of income eligibility under any of the following:
Supplemental Nutrition Assistance Program;
Temporary Assistance for Needy Families;
Head Start;
Even Start;
Medicaid and the Maryland Children’s Health Program, up to 189% of the federal poverty level; or
Free or reduced price meals for schools not participating in the U.S. Department of Agriculture community eligibility provision;
Is in foster care;
Is a migrant student;
Is a homeless student; or
Qualifies under an alternative form developed by the Department for the compensatory education formula under § 5–222 of this article.
“Virtual education” means academic instruction:
In which one or more technologies are used to deliver a significant portion of the teaching to students entirely or primarily online; and
In which students and instructors participate remotely from separate locations.
On written request of a county superintendent or a determination by the State Superintendent that immediate action is necessary, the State Superintendent may declare a prolonged state of emergency that prevents regular, in–person attendance at a public school for at least 14 consecutive school days due to:
A natural disaster;
A civil disaster;
A public health emergency; or
A specific security threat identified by federal, State, or local law enforcement.
In making a declaration of a prolonged state of emergency under this section, the State Superintendent shall:
Consult the Governor, and if appropriate:
The Maryland Department of Emergency Management;
The Department of State Police; or
The Maryland Department of Health;
Issue the declaration in writing;
Indicate in the declaration:
The nature of the emergency; and
The specific local school systems or individual schools threatened or affected, unless the emergency is statewide in nature; and
Disseminate the declaration promptly by means calculated to publicize the contents of the declaration.
If an emergency threatens or affects a particular school within a local school system, the State Superintendent may declare a prolonged state of emergency for that school.
A prolonged state of emergency declared in accordance with this section may be terminated by:
A joint resolution by the General Assembly;
An affirmative vote by the State Board; or
A decision by the State Superintendent.
If a prolonged state of emergency is terminated by any method listed under paragraph (1) of this subsection, the State Superintendent shall issue a declaration disseminated promptly by means calculated to publicize the termination of the prolonged state of emergency.
Nothing in this subtitle may be construed to limit or interfere with the responsibilities of the Secretary of Health under Title 18 of the Health – General Article in the event of a public health emergency.
If there is a prolonged state of emergency affecting the local school system, a county board may transition one or more public schools in the county to virtual education under an approved virtual education plan, subject to the limitations of this section.
On or before June 1, 2024, a county board shall, in consultation with county administrators and school staff, adopt a virtual education plan for use during a prolonged state of emergency affecting the local school system.
A county board shall use the county board’s continuity of learning plan in effect during the 2020–2021 school year to form a virtual education plan.
A virtual education plan shall include the following components:
A staffing and personnel assignment plan;
A student instruction plan;
A student assessment and learning support plan;
A social and emotional learning plan;
A community communications plan;
A technology plan;
A nutritional and health services plan; and
A plan for return to in–person instruction.
A county board shall update the virtual education plan every 2 years.
If a prolonged state of emergency affecting the local school system requires the cessation of in–school attendance at a public school and the county board determines virtual education is required, a county board immediately shall implement the virtual education plan and transition the public school to virtual education.
A county board may adjust the virtual education plan to fit the specific needs of the schools affected and the specific circumstances of the emergency.
A county board shall submit an adjusted plan to the State Board as soon as practicable.
Within 10 calendar days of receipt of a virtual education plan, the State Board shall:
Accept the plan; or
Return the plan to the county board for specific modification.
If an adjusted virtual education plan is returned, the county board shall modify and resubmit the plan within 5 calendar days after the date the plan is returned.
The county board shall publish the most recent version of the virtual education plan on the county board’s website.
The school personnel at each school shall develop a school behavioral health plan to assist students who are struggling when the school is operating under a virtual education plan that includes:
Proper assignments for all behavioral and mental health staff;
Methods for all students to access behavioral and mental health supports, including through telehealth if necessary;
Procedures for referral of students who are struggling to access proper behavioral and mental health supports; and
Increased attention and care for students struggling with the emotional, behavioral, or psychological stressors of virtual education.
In establishing a behavioral health plan under this subsection, a school may use a multitiered system of supports model.
While a school is operating under a virtual education plan, the principal shall require a staff member to conduct regular wellness check–ins with students at least once per week.
The principal may assign a community school coordinator, staff member, or team of staff to conduct the wellness check–ins required under this subsection.
If a regular wellness check–in reveals that a student is struggling with the educational, emotional, behavioral, or psychological stressors of virtual education, the principal shall require a staff member, in accordance with subparagraph (ii) of this paragraph, to:
Check in with the student multiple times per week; and
Develop an individual behavioral health plan consistent with the school behavioral health plan established under subsection (a) of this section.
The principal shall arrange for a school psychologist, pupil personnel worker, school social worker, school counselor, or behavioral health specialist to perform the tasks required under subparagraph (i) of this paragraph.
The school personnel at each school shall develop a school behavioral health plan to assist students who are struggling when the school is operating under a virtual education plan that includes:
Proper assignments for all behavioral and mental health staff;
Methods for all students to access behavioral and mental health supports, including through telehealth if necessary;
Procedures for referral of students who are struggling to access proper behavioral and mental health supports; and
Increased attention and care for students struggling with the emotional, behavioral, or psychological stressors of virtual education.
In establishing a behavioral health plan under this subsection, a school may use a multitiered system of supports model.
While a school is operating under a virtual education plan, the principal shall require a staff member to conduct regular wellness check–ins with students at least once per week.
The principal may assign a community school coordinator, staff member, or team of staff to conduct the wellness check–ins required under this subsection.
If a regular wellness check–in reveals that a student is struggling with the educational, emotional, behavioral, or psychological stressors of virtual education, the principal shall require a staff member, in accordance with subparagraph (ii) of this paragraph, to:
Check in with the student multiple times per week; and
Develop an individual behavioral health plan consistent with the school behavioral health plan established under subsection (a) of this section.
The principal shall arrange for a school psychologist, pupil personnel worker, school social worker, school counselor, or behavioral health specialist to perform the tasks required under subparagraph (i) of this paragraph.
A public school shall establish a system of learning supports while operating under a virtual education plan by:
Establishing a virtual tutoring system; or
Providing instructional time for virtual learning that is in addition to the daily and hourly attendance requirements under § 7–103 of this title; and
Developing a plan to focus on students with the greatest need and the most learning loss, including:
Students with disabilities; and
Students in historically underserved groups, including:
English language learners; and
Students eligible for aid.
In satisfying its duties under this subsection, a public school may not require staff members whose terms of employment are subject to a collective bargaining agreement to work in excess of negotiated terms on work hours.
In compliance with public health guidance, a county board that has public schools operating under a virtual education plan shall establish learning centers in suitable unoccupied buildings, including State buildings that are not in use.
If funding is available during the prolonged school closure, a county board shall establish additional learning centers prioritizing:
Community schools eligible for concentration of poverty grants under § 5–223 of this article; and
Areas with high levels of absenteeism during the prolonged school closure; or
If the data under item 1 of this item is unavailable, areas with high levels of absenteeism during the previous school year.
On or before August 15, 2023, and each August 15 thereafter, only when applicable, each county board shall collect the following data from each school that engaged in virtual education in accordance with the county board’s virtual education plan during the previous school year:
The learning models employed, including:
Virtual education;
In–person instruction; and
Hybrid instruction;
The proportion of school hours spent in each learning model;
Student attendance;
Student engagement; and
Teacher attendance.
Each applicable year, each county board shall publish on its website the data required under subsection (a) of this section disaggregated by race, ethnicity, gender, disability status, English proficiency status, and income.
The Department shall establish standards for training teachers on the preparation of plans for the provision of virtual education when a public school is operating under a virtual education plan.
A county board shall provide periodic professional development and supports for teachers.
The Department shall provide funding for the professional development and supports required under subsection (b) of this section.
During periods of a prolonged state of emergency during which a school has elected to transition to virtual education, the Department shall provide mental health supports for school personnel.
The Department shall expand computer and Internet security infrastructure for virtual education, including staff to maintain security.
Each local school system shall dedicate at least one staff member to oversee computer and Internet security infrastructure for virtual education.
The State Board shall adopt regulations to carry out the provisions of this subtitle, including establishing minimum criteria for the adoption and implementation of virtual education plans by a county board during a prolonged state of emergency affecting the local school system.
In this subtitle the following words have the meanings indicated.
“Advisory Board” means the School Safety Subcabinet Advisory Board.
“Behaviors of concern” means behaviors or threats that indicate a student may pose a risk of self–harm or harm to others.
“Behaviors of concern” includes:
Expressions of hopelessness;
Known drug use;
Suicidal gestures or statements; and
Known gang activity.
“Center” means the Maryland Center for School Safety.
“Drill” means a formalized exercise by which school system personnel, staff, or students rehearse a school emergency plan.
“Fund” means the Safe Schools Fund.
“Local law enforcement agency” means:
A police department of a county or municipal corporation in the State; or
A sheriff’s office that provides a law enforcement function in a county or municipal corporation in the State.
“Safety evaluation” means a written assessment of the safety conditions in each public school, including ingress, egress, and access to areas of refuge for all students.
“School emergency plan” means a plan for each local school system and each public school within the school system that addresses mitigation of, preparedness for, response to, and recovery from emergencies, including:
Violent or traumatic events on school grounds during regular school hours or during school–sponsored activities; and
Events in the community that affect school operations.
“School resource officer” means:
A law enforcement officer as defined under § 1–101(c) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under § 3–201(d) of the Public Safety Article and the local education agency; or
A Baltimore City school police officer, as defined in § 4–318 of this article.
“School security employee” means an individual, as defined in regulations adopted by the Subcabinet, who:
Is not a school resource officer; and
Is employed by a local school system to provide safety and security–related services at a public school.
“Subcabinet” means the School Safety Subcabinet.
“Wraparound services” means services provided to students, and their families as appropriate, including:
Mentoring;
Tutoring;
Child care services;
Housing referrals;
Transportation;
Crisis intervention;
Substance abuse prevention and treatment;
Legal aid;
Academic counseling; and
Career counseling.
There is a Maryland Center for School Safety.
The Center is an independent unit within the Department.
The Center shall be based at the Maryland Coordination and Analysis Center.
The head of the Center is the executive director, who shall be appointed by the Subcabinet.
The Center may employ the additional staff necessary to carry out the Center’s functions as provided in the State budget.
The Center shall establish a satellite office at Bowie State University.
The Center shall perform the following functions and duties:
Provide technical assistance and consultation to local school systems, State and local government, and community organizations on best practices for safe schools and violence prevention;
Develop a website containing a searchable database of definitive research, books, videos, white papers, speakers, websites, and other school safety resources;
Develop criteria that may be applied consistently and uniformly in local school systems for coding unsafe incidents and serious or violent offenses;
Research and recommend the use of common assessment tools to be used to identify specific problems and needs of schools and neighborhoods to facilitate intervention before assessed findings become problematic;
Assist local school systems to conduct a thorough assessment of their school safety data, school building layouts, and use of human resources for monitoring purposes to determine the need for:
Surveillance and other security technology; and
Innovations to maximize the use of human resources to monitor activity and influence positive relationship building;
Maintain and maximize relationships with emergency responders, law enforcement personnel, parents, and other emergency preparedness stakeholders to ensure seamless execution in an emergency event, including:
Consolidate resources among stakeholders to maximize support and secure necessary skills to ensure emergency plan implementation;
Conduct collaborative training and preparation exercises; and
Identify improvements and ensure nonduplication of effort in emergency response procedures;
Provide safety information on traveling to and from school to parents and students twice a year that includes data related to bus and pedestrian safety, strategies for ensuring personal safety, efforts of the local school system or school to improve safety, and information on the available options for reporting incidents or concerns;
Utilize and update an existing clearinghouse of law enforcement resources that are available to support school safety to ensure that it includes information regarding the purpose and process for accessing available funding;
Assist local school systems to improve and monitor traffic control measures in the immediate vicinity of schools to reduce the potential for pedestrian and vehicle accidents;
Assist the Department to evaluate and update current data systems to ensure they are best suited for providing useful information on school safety issues;
Assist local school systems to monitor local school system and individual school behavior data to ensure fairness in the application of consequences for student misbehavior;
Assist the Department and local school systems:
To prepare an annual report that combines multiple school safety data systems into one format for public review; and
To incorporate new data points into existing data collection systems;
Assist in the development of safety and security criteria for the design and operation of school facilities;
Assist local school systems to identify resources and implement training for students and parents about relationship violence, identifying the signs of unhealthy relationships, and preventing relationship violence;
Provide technical assistance to local school systems in the review of safety and security audits and the implementation of improvements in school facilities;
Analyze data on school resource officers and develop guidelines and training for local school systems as required under § 7–1508 of this subtitle;
Certify school safety coordinators as required under § 7–1508 of this subtitle;
Submit to the General Assembly and the Governor a summary of reports on school resource officer and local law enforcement agency coverage in public schools as required under § 7–1508 of this subtitle;
Consult with local school systems on safety evaluations developed under § 7–1510 of this subtitle;
Review and comment on school emergency plans developed under § 7–1510 of this subtitle;
Report to the General Assembly and the Governor on life–threatening incidents as required under § 7–1510 of this subtitle;
Collaborate with an institution of higher education or a designated federal or national research entity to study the effectiveness and psychological impact of active shooter safety drills or trainings by researching and analyzing the data collected from local school systems in accordance with § 7–1509(f) of this subtitle;
On or before October 1, 2024, identify best practices for active shooter safety drills or trainings, and periodically update those identifications using the data collected from local school systems in accordance with § 7–1509(f) of this subtitle;
Administer the Secure Schools Emergency Response Grant Program under § 7–1513 of this subtitle; and
Develop and administer the anonymous reporting system in accordance with § 7–1514 of this subtitle.
There is a School Safety Subcabinet.
The Subcabinet is the governing board of the Center.
The Subcabinet consists of the following members:
The State Superintendent, or the State Superintendent’s designee;
The Secretary of State Police, or the Secretary’s designee;
The Attorney General, or the Attorney General’s designee;
The Secretary of Disabilities, or the Secretary’s designee;
The Secretary of Health, or the Secretary’s designee; and
The Executive Director of the Interagency Commission on School Construction, or the Executive Director’s designee.
The State Superintendent, or the State Superintendent’s designee, shall chair the Subcabinet.
The Executive Director of the Center shall provide staff for the Subcabinet.
The Subcabinet shall meet regularly at such times and places as it determines.
The Subcabinet shall:
Collaborate with local school systems in the State, law enforcement agencies, State and local government agencies, community organizations, parents, and other stakeholders to provide a comprehensive, coordinated approach to school safety;
In partnership with the Advisory Board and other stakeholders:
Disseminate information on best practices, programs, and resources;
Provide technical assistance and training to local jurisdictions and local school systems;
Collaborate on collection, analysis, and integration of statewide data; and
Promote interagency efforts that support safe schools for all students, school staff, parents, and community members;
Establish a Safe School Information and Best Practices Clearinghouse of up–to–date, research–based, and data–driven information on effective strategies for creating and maintaining safe schools;
Identify safe school professional staff development best practices;
Initiate collaborative partnerships and facilitate coordination among local school systems, law enforcement agencies, State and local government, and community organizations to leverage existing resources to deliver school safety services uniformly to local school systems;
Foster coordination among all entities responsible for ensuring the safety and security of school facilities in the State;
Distribute grants from the Fund in accordance with § 7–1512 of this subtitle;
Collaborate with the Department on the model policy for an assessment team under § 7–1507 of this subtitle;
Adopt regulations to define a school security employee for the purpose of the training and report required for school security employees under § 7–1508 of this subtitle;
Provide general oversight and direction to the Center;
Approve the annual budget for the Center;
Adopt any regulations necessary to carry out the Subcabinet’s duties under this subtitle; and
Perform other duties assigned by the Governor.
The Subcabinet shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on or before December 15 each year.
The report shall include:
A list of all the activities of the Center, including aggregate data on the information collected from each local school system under § 7–1510 of this subtitle;
An update on the current status and effectiveness of the Center;
Data collected on school resource officers under § 7–1508 of this subtitle; and
Recommendations made by the Subcabinet for improving school and student safety.
There is a School Safety Subcabinet Advisory Board.
The Advisory Board shall include the following members:
One member of the Senate of Maryland, appointed by the President of the Senate;
One member of the House of Delegates, appointed by the Speaker of the House;
A representative of local superintendents of schools, appointed by the Public School Superintendents’ Association of Maryland;
A representative of the Maryland Association of Boards of Education, appointed by the Association;
A school psychologist or licensed or clinical social worker, appointed by the State Superintendent;
A special education administrator, appointed by the State Superintendent;
A classroom teacher, appointed jointly by the Maryland State Education Association and the Baltimore Teachers Union;
A school principal, appointed by the State Superintendent;
One representative of the Department of Human Services, appointed by the Secretary of Human Services;
One representative of the Department of Juvenile Services, appointed by the Secretary of Juvenile Services;
A school resource officer, appointed by the Maryland Association of School Resource Officers;
A sheriff, appointed by the Maryland Sheriffs’ Association;
A chief of police, appointed by the Maryland Chiefs of Police Association, Inc.;
An emergency medical, fire, or rescue services professional, appointed by the Maryland Institute for Emergency Medical Services Systems;
The Director of the Maryland Coordination and Analysis Center, or the Director’s designee;
One representative of the Maryland Assembly on School–Based Health Care, appointed by the Assembly;
One representative of the Maryland Association of Student Councils, appointed by the Association;
One representative of the Center for School Mental Health at the University of Maryland, Baltimore Campus, appointed by the Center for School Mental Health;
One representative of Disability Rights Maryland, appointed by Disability Rights Maryland; and
The following five members of the public, appointed by the Governor:
A parent of a public school student in the State;
A parent of a child with disabilities who attends a school in the State;
A representative of a nonpublic school in the State;
A representative of school bus drivers; and
A representative of a nonpublic special education school.
The Governor shall appoint a chair of the Advisory Board from among its members.
A member appointed by the Governor:
Serves at the pleasure of the Governor;
Serves for a term of 3 years and until a successor is appointed and qualifies; and
May be reappointed but may not serve more than two consecutive terms.
A member of the Advisory Board:
May not receive compensation as a member of the Advisory Board; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Advisory Board shall meet regularly at such times and places as it determines.
The Advisory Board shall provide the Subcabinet with advice and assist the Subcabinet in completing its duties.
In this section, “child care center” has the meaning stated in § 9.5–401 of this article.
The Center may make grants to schools and child care centers determined to be at risk of hate crimes or attacks as described under § 10–305 of the Criminal Law Article for security–related technology and security–related facility upgrades.
Any school or child care center determined to be at risk of hate crimes or attacks as described under § 10–305 of the Criminal Law Article by the Center may apply to the Center for a State grant to be applied toward the cost of a security–related project.
The allocation and use of State funds under this section are subject to the following:
State funds may be used only for funding additional security training needs, security personnel, security cameras, security–related technology, door–hardening, improved lighting, or other security–related facility upgrades; and
The amount of the State grant for any project shall be determined after consideration of all eligible applicants, the total of the unallocated State funds available at the time the application is received, and the priorities of area need as may be established by the Center.
Funding for the State grants under this section shall be as provided by the Governor in the annual State budget.
The Subcabinet may adopt regulations for receiving and considering applications and for disbursing funds to applicants.
Beginning in fiscal year 2020 and each fiscal year thereafter, the Governor shall provide not less than $2,000,000, not including any appropriation provided for the Fund, in the annual State budget to carry out the ongoing operation of the Center.
The operation of the Center shall be supported by:
Funds as provided by the Governor in the annual State budget;
Grants or other assistance from local education agencies;
Federal grants; and
Any other grants or contributions from public or private entities received by the Center.
On or before September 1, 2018, the Subcabinet shall develop a model policy for the establishment of an assessment team or teams in each local school system.
The model policy developed under subsection (a) of this section shall include:
Mechanisms for identifying individuals whose behavior may pose a threat to the safety of an individual attending or working in a public school;
Mechanisms for the assessment of student behavior and interventions if student behavior poses a threat to the safety of an individual attending or working in a public school;
Mechanisms for the assessment of the behavior of an individual who is not a student at a public school but who may pose a threat to the safety of an individual attending or working in the public school;
Best practices for promoting communication and appropriate responses within a school community, including measures for:
Training faculty, administrators, and staff to identify, properly respond to, and report threats or behaviors of concern that may pose a threat to the safety of an individual attending or working in a public school;
Teaching students to identify, and encouraging students to report, behaviors of concern exhibited by their peers or others that may pose a threat to the safety of an individual attending or working in a public school, including sharing thoughts about or plans for engaging in violence at the school; and
Increasing outreach to and the awareness of parents and guardians concerning the emotional and social health and well–being of students;
Procedures for members of the school community or others to report behaviors of concern that may pose a threat to the safety of an individual attending or working in a public school;
Policies regarding anonymous reporting by members of the school community or others of behaviors of concern that may pose a threat to the safety of an individual attending or working in a public school;
Guidance for establishing an appropriate number of assessment teams within a local school system that:
Shall coordinate among school officials and law enforcement, mental health, and other appropriate entities to monitor and respond to information about behavior, statements, or plans that may pose a threat of violence at a school; and
Shall include individuals with expertise in student counseling, education instruction, school administration, and law enforcement; and
Policies for training assessment teams, including training on implicit bias and disability and diversity awareness with specific attention to racial and ethnic disparities.
On or before September 1, 2019, each local school system shall adopt a policy for the establishment of assessment teams that is consistent with the model policy developed by the Subcabinet and includes:
A process for regular assessment and intervention, including diversion and de–escalation, if an individual exhibits behavior that may pose a threat to the safety of another individual attending or working in a public school;
Standards for timely response and procedures for coordination among the members of an assessment team, including referral to appropriate local law enforcement officials, the local school system, and the county superintendent of information indicating that an individual may pose a threat of violence to the school; and
Standards and procedures for referral of an individual for evaluation, services, or treatment when appropriate.
Each local school system shall designate a school safety coordinator.
A designated school safety coordinator shall:
Be certified by the Center; and
Serve as a liaison between the local school system, the local law enforcement agency, and the Center.
On or before September 1, 2018, the Center, in consultation with local school systems, shall:
Develop a specialized curriculum for use in training of school resource officers and school security employees; and
Submit the curriculum to the Maryland Police Training and Standards Commission for approval.
The specialized curriculum developed under this subsection shall include training in:
De–escalation;
Disability awareness;
Maintaining a positive school climate;
Constructive interactions with students; and
Implicit bias and disability and diversity awareness with specific attention to racial and ethnic disparities.
The specialized curriculum developed under this subsection may not go into effect until it is approved by the Maryland Police Training and Standards Commission.
If the Maryland Police Training and Standards Commission does not initially approve the specialized curriculum, the Center shall amend the curriculum until it meets with the Commission’s approval.
On or before March 1, 2019, the Center shall develop and submit to the Maryland Police Training and Standards Commission for approval a model training program that meets the requirements of the curriculum approved under paragraph (1) of this subsection.
Each local law enforcement agency shall:
Enroll individuals assigned to be school resource officers in the model training program developed by the Center under paragraph (2) of this subsection; or
Submit to the Maryland Police Training and Standards Commission for approval a training program that is consistent with the curriculum developed under paragraph (1) of this subsection; and
Enroll individuals assigned to be school resource officers in the training program developed under item 1 of this item.
Beginning September 1, 2019, to be assigned as a school resource officer an individual shall:
Complete:
The model training program developed by the Center under paragraph (2) of this subsection through instruction provided by the Center in collaboration with the Maryland Police Training and Standards Commission; or
A local law enforcement agency’s training program developed under paragraph (3)(ii) of this subsection; and
Be certified by the Maryland Police Training and Standards Commission.
Beginning September 1, 2019, to be employed as a school security employee at a public school, an individual shall complete:
The model training program developed by the Center under paragraph (2) of this subsection through instruction provided by the Center in collaboration with the Maryland Police Training and Standards Commission; or
A local law enforcement agency’s training program developed under paragraph (3)(ii) of this subsection.
The Center shall collect data regarding the school resource officers in each local school system, including:
The number of full–time and part–time school resource officers assigned to each elementary school, middle school, and high school; and
Any other local school system employees or local law enforcement officers who are fulfilling the role of a school resource officer.
On or before December 15, 2018, the Center, in collaboration with local law enforcement agencies and local school systems, shall analyze the initial data collected under subsection (c) of this section and develop guidelines to assist local school systems in:
Identifying the appropriate number and assignment of school resource officers, including supplemental coverage by local law enforcement agencies; and
Collaborating and communicating with local law enforcement agencies.
On or before July 1, 2019, each local school system, in consultation with local law enforcement agencies, shall:
Develop a plan to implement the guidelines developed by the Center; and
Submit the plan to the Center for review and comment.
Before the 2018–2019 school year begins, each local school system shall file a report with the Center identifying:
The public high schools in the local school system’s jurisdiction that have a school resource officer assigned to the school; and
If a public high school in the local school system’s jurisdiction is not assigned a school resource officer, the adequate local law enforcement coverage that will be provided to the public high school.
Beginning with the 2019–2020 school year, and each school year thereafter, before the school year begins, each local school system shall, in accordance with the plan developed under subsection (d)(2) of this section, file a report identifying:
The public schools in the local school system’s jurisdiction that have a school resource officer assigned to the school; and
If a public school in the local school system’s jurisdiction is not assigned a school resource officer, the adequate local law enforcement coverage that will be provided to the public school.
On or before October 1, 2018, and each October 1 thereafter, the Center shall submit a summary of the reports required under this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Each local school system shall post on the school system’s website information on the role and authority of school resource officers assigned to public schools within the school system.
For fiscal year 2020 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $10,000,000 for the purpose of providing grants to local school systems and local law enforcement agencies to assist in meeting the requirements of subsection (e) of this section.
Grants provided under this subsection shall be made to each local school system based on the number of schools in each school system in proportion to the total number of public schools in the State in the prior year.
A local school system may use funds provided under subsection (g) of this section for school security employees.
The Center shall collect data on incidents of use of force between:
Any school resource officer and a student while a school resource officer is carrying out the officer’s duties; and
Any school security employee and a student while the school security employee is carrying out the employee’s duties.
On or before December 1, 2020, and each December 1 thereafter, the Center shall submit a report on the data collected under paragraph (1) of this subsection for each jurisdiction, in accordance with federal and State law, to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
In this section, “public school personnel” means:
A school resource officer;
A school security employee;
A principal or an assistant principal;
A teacher;
A school counselor;
An individual employed by a public school for at least 7 days each school year; or
A law enforcement officer who:
Is not directly assigned to or employed by a public school;
Has not completed the Center’s School Resource Officer and School Security Employee Training Academy; and
Provides adequate law enforcement coverage to public schools in accordance with an agreement between the local law enforcement agency and the local school system.
Public school personnel may not:
Be used for purposes of or otherwise engage in immigration enforcement, as defined in § 6–111 of the State Government Article, at the public school; or
Except as provided in subsection (c) of this section, produce or share information or a document pertaining to student educational records or employee personnel records or any other information about or from a student, a public school employee, or a student’s or a public school employee’s family or household for purposes of immigration enforcement, as defined in § 6–111 of the State Government Article.
Public school personnel shall immediately contact the county superintendent or the county superintendent’s designee and legal counsel for the local school system if presented with:
A judicial warrant;
A judicial subpoena; or
A legal order for the production of information or a document regarding the individuals described under subsection (b)(2) of this section.
This section shall be construed consistently with any applicable federal and State privacy laws.
Subject to paragraph (2) of this subsection, the Department, in consultation with the Subcabinet, may adopt regulations to incorporate in the annual schedule of drills for each local school system developmentally and age–appropriate components of:
The Active Shooter Preparedness Program developed by the Department of Homeland Security or guidelines; or
The active shooter guidelines adopted by the Maryland Active Assailant Work Group established under Executive Order 01.01.2018.08.
Items incorporated into the annual schedule of drills in accordance with paragraph (1) of this subsection may take the form of a training rather than a drill.
Drills or trainings incorporated into the annual schedule of drills under subsection (a) of this section shall be developmentally and age–appropriate, and may include procedures for students or school personnel in:
Securing classrooms;
Barricading classrooms and school entries;
Taking refuge in the classroom; and
When appropriate, escape from the classroom or school.
Before the 2025–2026 school year, and before each school year thereafter, the Department shall review the best practices for active shooter safety drills or trainings identified by the Center in accordance with § 7–1502(g) of this subtitle and update any drills and trainings that have been incorporated into the annual schedule of drills under subsection (a) of this section to reflect those best practices.
Except for a voluntary drill or training occurring after school hours, active shooter safety drills or trainings may not include:
Loud sounds intended to imitate gunfire or explosions;
Live exercises with individuals role–playing as an active shooter or a victim; or
Similar activities that may cause the drill or training to be traumatic for students or school personnel.
If a concern is raised that a component of a drill or training best practice identified under subsection (c) of this section is contrary to the intent of the trauma–sensitive requirements under paragraph (1) of this subsection, the Center, after consultation with the Department, shall make the final determination as to whether the component complies with the requirements under paragraph (1) of this subsection.
The Department shall notify the Governor and, in accordance with § 2–1257 of the State Government Article, the Legislative Policy Committee of proposed changes to regulations that alter the annual schedule of drills as provided under this section.
Each local school system shall:
Collaborate with the local law enforcement agency to establish policies for responding to an emergency at each public school in the county;
Provide parents with the annual schedule of active shooter safety drills or trainings at the beginning of the school year, which includes:
The month in which the drills or trainings will occur;
The type of drill or training that will occur; and
How students will be notified of the drill or training;
Announce drills or trainings in advance to students and school personnel;
Notify parents after a drill or training has taken place;
Provide a mental health follow–up for students and school personnel after a drill or training;
Identify students or school personnel who may require additional support during and after a drill or training, including an individual:
With a disability; or
Who has experienced trauma; and
Provide additional resources and coping strategies for individuals who require additional support during and after a drill or training; and
Collect data on the effectiveness and psychological impact of the drills or trainings, including requesting feedback from school personnel, parents, and students, in a manner and format approved by the Center to allow for the required analysis under § 7–1502(g)(22) of this subtitle; and
Report the data and findings to the Center.
On or before July 1, 2025, the Center shall develop model content that informs parents of the State’s firearm storage laws.
Each year, the Center shall evaluate the model content and update it as needed.
The Center shall consult with the Department of State Police in developing the model content.
At the beginning of each school year, each local school system shall distribute the model content to the parents.
On or before June 15, 2019, and regularly thereafter, each local school system shall conduct a safety evaluation of each public school under the local school system’s jurisdiction to:
Identify and, if necessary, develop solutions for physical safety concerns, including issues with building security and associated issues of accessibility for individuals with disabilities; and
Identify and evaluate any patterns of safety concerns on school property or at school–sponsored events.
In performing the safety evaluations, each designated safety coordinator shall:
Consult with the Center for guidance;
Coordinate with the Interagency Commission on School Construction’s facility assessment process, established under § 5–310 of this article, in identifying issues with public school facilities that could impact school safety; and
Submit a summary of the completed safety evaluations to the Center.
On or before December 1, 2019, the Department, in consultation with the Center and local school systems, shall update the Emergency Planning Guidelines for Local School Systems and Schools to accommodate the findings made in the initial safety evaluations under subsection (a) of this section.
On or before August 1, 2020, and regularly thereafter, each local school system shall update the school emergency plan for each public school in the school system’s jurisdiction to:
Include detailed plans for the manner in which each public school will address:
Behavioral threats;
Emergency events; and
Accommodations for students with disabilities in emergency events;
Conform with the Emergency Planning Guidelines updated under subsection (c) of this section; and
Incorporate any changes required under subsection (f) of this section.
Each local school system shall submit the plans updated under subsection (d) of this section to the Center for review and comment.
On or before August 1, 2020, and each August 1 thereafter, each local school system shall submit a report to the Center that includes, for the immediately preceding school year:
Aggregate data about threats made against any school or school system facility;
Information about any school lockdowns, evacuations, or other emergency responses that occurred;
Instances in which a public school facility became inaccessible for a student with a disability in a manner that could impede evacuation or an emergency response;
Incidents in which a public school’s emergency plan failed in part or in whole to function as anticipated in an emergency or an emergency drill; and
School hours spent in an emergency or an emergency drill.
Each local school system shall, in consultation with the Center, update each emergency plan to correct weaknesses identified under paragraph (1) of this subsection.
Each local school system shall promptly inform the Center of any critical, life–threatening incidents that occur on school grounds.
After informing the Center under this subsection, a local school system shall host an after–action review and evaluation of lessons learned from the event.
The local school system shall invite the Center, local law enforcement agencies, and emergency responders to participate in the after–action review and evaluation required under this paragraph.
A local school system shall file a report on the after–action review and evaluation with the Center.
The Center shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly within 45 days after a local school system has filed a report on the after–action review and evaluation under paragraph (2)(iii) of this subsection.
The Center shall include in the report filed under this paragraph:
Lessons learned from the life–threatening incident; and
Any recommendations for improving school safety.
In this section the following words have the meanings indicated.
“Program” means the School Mapping Data Program.
“School mapping data” means data in an electronic or digital format to assist first responders in responding to emergencies at a school.
There is a School Mapping Data Program in the Center.
The purpose of the Program is to provide funds to local school systems to produce school mapping data for each public school in the county, including public charter schools.
Each local school system, in consultation with the local law enforcement agency, may apply to the Subcabinet for funds to produce school mapping data.
School mapping data produced with funding from the Program shall comply with the facility mapping standards developed by the Interagency Commission on School Construction under § 5–310.1 of this article.
The Center shall work in consultation with the Interagency Commission on School Construction to ensure that school mapping data produced with funding from the Program meets the facility mapping standards developed under § 5–310.1 of this article.
At a minimum, school mapping data produced with funding from the Program shall:
Be compatible with software platforms used by the school and local, State, and federal public safety agencies that provide emergency services to the school without requiring the purchase of additional software or charging a fee to view or access the data;
Be in a printable format and, if requested, be in a digital file format that can be integrated into interactive mobile platforms;
Be verified for accuracy by a walk–through of the school buildings and grounds;
Be oriented true north;
Be overlaid on current aerial imagery;
Contain site–specific labeling that matches the structure of school buildings, including:
Room labels;
Hallway names;
External door or stairwell numbers; and
Locations of:
Hazards;
Critical utility locations;
Key boxes; and
Automated external defibrillators and trauma kits;
Contain site–specific labeling that matches the school grounds, including:
Parking areas;
Athletic fields;
Surrounding roads; and
Neighboring properties; and
Be overlaid with gridded x and y coordinates.
Each behavioral health services coordinator under § 7–447 of this title shall develop plans for delivering behavioral health and wraparound services to students who exhibit behaviors of concern.
The Subcabinet may provide grants from the Fund to local school systems to develop plans for delivering behavioral health and wraparound services to students who exhibit behaviors of concern.
In applying for a grant under this subsection, a local school system shall provide evidence of how external funding will be maximized to provide students with behavioral health and wraparound services, including through the submission of claims to health insurance plans, if applicable, for any covered health services.
The Subcabinet shall adopt regulations to carry out this section.
There is a Safe Schools Fund.
The purpose of the Fund is to provide grants to local school systems to enhance school safety.
The Subcabinet shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund in conjunction with the Executive Director of the Center.
The Fund consists of:
Money credited to the Fund under § 17–106(e) of the Transportation Article;
Money appropriated in the State budget to the Fund;
Money from any other source accepted for the benefit of the Fund; and
Any interest earnings of the Fund.
Except as provided in subsection (g) of this section, the Fund may be used only to provide grants to local school systems to enhance school safety, including:
Conducting training for students and school personnel on de–escalation of situations and identifying and reporting behaviors of concern;
Conducting training of assessment teams;
Conducting school safety evaluations;
Establishing formal and anonymous mechanisms for reporting safety concerns;
Reimbursing local law enforcement agencies for school resource officer training provided by the Center;
Enrolling school security employees in training provided by the Center;
Developing plans to deliver school–based behavioral health and other wraparound services to students who exhibit behaviors of concern, including establishing systems to maximize external funding for services;
Outreach to the broader school community to improve school safety, including to heighten awareness of existing mental health services and other services;
Providing information to students and parents on traveling safely to and from school, including data related to bus and pedestrian safety, strategies for ensuring personal safety, efforts of the local school system to improve safety, and information on available options for reporting incidents and concerns; and
Assisting local school systems to improve and monitor traffic control measures in the immediate vicinity of schools to reduce the potential for pedestrian and vehicle accidents.
The Subcabinet may use the Fund to provide funding to local school systems in accordance with § 7–1510.1 of this subtitle.
The Subcabinet may make grants to local school systems and local law enforcement agencies from the Fund.
The Subcabinet shall establish procedures for local school systems and local law enforcement agencies to apply for grants from the Fund.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may only be made:
In accordance with the State budget; or
By the budget amendment procedure as provided in § 7–209 of the State Finance and Procurement Article, if at least 45 days have passed since the budget amendment and supporting information were submitted to the budget committees for their review and comment.
Money expended from the Fund by local school systems to enhance school safety is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to local school systems.
In this section the following words have the meanings indicated.
“Emergency event” means an emergency situation that requires an immediate response by first responders.
“First responder” has the meaning stated in § 1–301 of the Public Safety Article.
“Program” means the Secure Schools Emergency Response Grant Program.
“Public safety agency” has the meaning stated in § 1–301 of the Public Safety Article.
“Public safety answering point” has the meaning stated in § 1–301 of the Public Safety Article.
There is a Secure Schools Emergency Response Grant Program administered by the Center.
The purpose of the Program is to provide grants to local school systems to improve emergency notification systems and communication between public elementary and secondary school personnel, a public safety answering point, and a public safety agency during emergency events.
A local school system awarded a grant by the Center under the Program shall use the funds to:
Improve emergency notification systems; or
Enhance communications within the school and with public safety agencies.
Each county board, in consultation with local law enforcement and a local public safety answering point, may apply to the Center for a grant under the Program.
An emergency notification system and the communications under subsection (b)(3) of this section may include the following:
A cellular phone application–based emergency event system that:
Can be integrated with a local public safety answering point; and
Is able to:
Place a standard telephone call to 9–1–1;
Text communications between authorized users and a public safety answering point and public safety agency;
Provide text messages, e–mails, and push notifications to authorized users, including school personnel, first responders, and other public safety agency personnel; and
Automatically transmit school floor plans, school emergency plans, and relevant contact information to first responders or public safety agency personnel responding to a panic button event at a school without further action needed by the user reporting the emergency;
The capability to generate an automated emergency alert notification to all public and nonpublic schools located in reasonable proximity to an emergency situation that is determined to be an imminent threat to school campuses or school personnel by the public safety answering point receiving the report; and
Intercoms, school public address systems, bidirectional antennas or boosters, and other technology that will improve emergency notification and communication, as identified by the Center.
On or before September 1, 2026, the Center shall ensure that the Program is operating and available to each county board.
The Governor may include in the annual budget bill an appropriation for the Program.
The Center shall develop and administer an anonymous reporting system.
The anonymous reporting system shall:
Coordinate the receipt of information relating to a school or student safety concern in a manner that maintains the anonymity of the individual reporting the information; and
Provide a mechanism for any reported information to be forwarded to school officials or other appropriate response personnel.
The Center shall:
Develop operational guidelines and procedures for the anonymous reporting system; and
Provide training sessions for school personnel on navigating the anonymous reporting system.
Except as provided in paragraph (2) of this subsection, beginning July 1, 2027, each local school system shall participate in the anonymous reporting system developed under this section.
A local school system may choose not to participate in the anonymous reporting system only if the local school system, on or before July 1, 2027, operates and makes available to the public a reporting system that is substantially similar to the anonymous reporting system developed under this section.
A local school system that chooses not to participate in the anonymous reporting system shall provide written notice to the Center on or before December 1, 2026.
In this subtitle the following words have the meanings indicated.
“Community school” means an existing public school in the State that utilizes a community school strategy that is recognized by the Maryland Out of School Time Network.
“Extended day and summer enhancement program” means an educational and recreational enrichment program for children between the ages of 4 and 19 that takes place:
Before and after the school day;
On weekends and holidays; and
During vacations and summer breaks.
“Grantee” means a local school system, a community school, or a nonprofit organization that receives a Public School Opportunities Enhancement Grant from the Department.
“Nonprofit organization” means an organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.
“Program” means the Public School Opportunities Enhancement Program.
“Technical assistance” means assistance provided by the Department to:
Identify and implement effective practices for extended day and summer enhancement programs;
Ensure that extended day and summer enhancement programs comply with the Maryland Out–of–School Time Programs’ Quality Standards Framework; and
Ensure that extended day and summer enhancement programs have an educational component that is age appropriate and aligned with the Maryland College and Career Ready standards.
There is a Public School Opportunities Enhancement Program.
The Department shall administer the Program.
The Department shall consult with the Department of Natural Resources when reviewing the recreational components of an extended day and summer enhancement program.
On or before December 1, 2016, the Department, in consultation with the Department of Natural Resources, shall develop a comprehensive plan for extended day and summer enhancement programs.
The comprehensive plan required by subparagraph (i) of this paragraph shall address:
Leveraging public and private funding sources as well as federal funding sources to support extended day and summer enhancement programs;
The special needs of children with disabilities;
Using school buildings, public libraries, and local public transportation resources for extended day and summer enhancement programs;
Providing technical assistance to nonprofit organizations;
Expanding the number of high quality extended day and summer enhancement programs in the State; and
Integrating the plans developed by local jurisdictions to expand the number of high quality extended day and summer enhancement programs.
On or before December 1, 2017, and each year thereafter, the Department, in consultation with the Department of Natural Resources, shall review and update the comprehensive plan required in paragraph (1)(i) of this subsection.
The Department shall use the Maryland Out–of–School Time Programs’ Quality Standards Framework to monitor and assess the quality of the extended day and summer enhancement programs provided by nonprofit organizations that receive funding in accordance with this subtitle.
The Maryland Out–of–School Time Programs’ Quality Standards Framework does not supersede applicable child care center licensing regulations.
There is a Public School Opportunities Enhancement Grant in the Program.
The Department shall develop and administer the grant program to assist:
Local school systems, community schools, and nonprofit organizations in the State in expanding or creating extended day and summer enhancement programs; and
Nonprofit organizations in the State and community schools in expanding or supporting existing educational programming during the school day.
The Department shall establish policies and procedures for the administration of the grant program, including:
The grant application process; and
Criteria for awarding grants under this subtitle.
When awarding grants to nonprofit organizations, the Department shall give priority to:
Maryland–based nonprofit organizations; and
Nonprofit organizations operating in Maryland on or before July 1, 2016.
A local school system, community school, or a nonprofit organization may apply to the Department for a grant to:
Expand or create an extended day and summer enhancement program;
Expand or create a summer enhancement program; or
Establish new educational or recreational partnerships with:
Local parks and recreation departments;
Recreation councils;
Local public schools;
Public libraries;
Institutions of higher education;
Private sector businesses; and
Other nonprofit organizations and foundations.
A nonprofit organization may apply to the Department for a grant to support existing educational programming during the school day, including the recruitment, training, and ongoing professional development of new teachers.
A public school is encouraged to partner with nonprofit organizations to provide extended day and summer enhancement programs for their students.
To qualify for a grant awarded in accordance with this subtitle, a grantee shall provide the services listed in subsection (c) of this section in a county in which at least 50% of public school students as a percentage of full–time equivalent students as defined in § 5–202 of this article qualify for a free lunch under the National School Lunch Program.
The total amount of grants awarded shall be allocated to grantees proportionally based on the number of public schools in each county that meet the eligibility requirement in paragraph (1) of this subsection.
The Department shall select applications that:
Best incorporate features that will have a positive measurable impact on the conditions of well–being for children and youth as identified by the Maryland Out–of–School Time Programs’ Quality Standards Framework;
For extended day programs, best integrate an educational component that will assist students in meeting academic requirements on grade level;
For summer enhancement programs:
Provide learning and enrichment activities that will assist students in achieving at or above grade level in the next school year; and
Expose students to future learning and life opportunities; and
For educational programming during the school day, enhance:
The educational purpose of the school; or
Students’ access to physical, social, and emotional support.
The Department shall give priority to applications that illustrate the ability to leverage private and existing funding sources.
A grantee that receives a grant under subsection (c)(1) of this section shall ensure that an extended school day or summer enhancement program includes an educational component.
A grantee that receives a grant under this subtitle shall provide educational programs that are aligned with the Maryland College and Career–Ready Standards.
A local school system that receives a grant under this subtitle shall provide matching funds that are at least equal to the amount of the grant awarded.
If a grantee partners with an entity listed in subsection (c)(1)(iii) of this section, the Department shall ensure that the grantee administers any grants awarded in accordance with this subtitle.
For fiscal year 2018, the Governor shall include in the annual budget bill an appropriation of $2,500,000 to the Program.
For fiscal year 2019 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 to the Program.
A grantee that remains eligible for the Program shall receive a grant in the next fiscal year in an amount equal to the grant amount in the current fiscal year.
On or before December 31 of each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of the Program, including an evaluation of the effectiveness of the programs and services funded in accordance with this subtitle.
The Department shall adopt regulations to carry out the provisions of this subtitle.
In this subtitle the following words have the meanings indicated.
“College partner” means an institution of higher education that:
Has received a certificate of approval from the Commission under Title 11, Subtitle 2 of this article;
Has entered into a memorandum of understanding with a P–TECH school;
Helps to develop and coordinate the pathway sequence; and
Provides student support services to P–TECH students.
“Commission” means the Maryland Higher Education Commission.
“County board” includes a consortium of county boards that have an agreement to operate a P–TECH school that serves the students in the local school systems that are part of the consortium.
“Industry partner” means an employer that:
Has entered into a memorandum of understanding with a P–TECH school;
Helps develop and coordinate the pathway sequence; and
Provides mentoring and internship opportunities for P–TECH students.
“P–TECH school” means a Pathways in Technology Early College High school that:
Is a public secondary school selected by the Department;
Partners with a college partner;
Partners with an industry partner; and
Has executed a memorandum of understanding in accordance with § 7–1802(b)(2) of this subtitle.
“P–TECH school costs” means the following costs of operating a P–TECH school and offering and administering a pathway sequence:
Additional staff for the P–TECH school to implement the pathway sequence;
Instructional support services including professional development for staff for the pathway sequence, pathway sequence materials, additional teacher planning, and additional coordination;
Extended day programs;
Student support services including counseling, tutoring, student career exploration, and student events relating to a pathway sequence;
Student textbooks, materials, or technology that a student is required to use as part of the pathway sequence; and
Transportation services.
“P–TECH student” means a student enrolled in a P–TECH school.
“Pathway sequence” means a curriculum or course of study at a P–TECH school that leads to a high school diploma and an associate’s degree that may be completed within a 6–year time period.
“Program” means the Pathways in Technology Early College High School Program.
There is a Pathways in Technology Early College High School Program in the State.
The Department, in consultation with the Commission, shall administer and develop the Program to assist county boards in establishing P–TECH schools.
A P–TECH school:
Shall:
Reserve at least 50% of its available space for students who meet the free and reduced price meal income criteria; and
Be established through a memorandum of understanding executed between one or more industry partners, one or more college partners, and a county board; and
May be established as a school within a school.
The memorandum of understanding executed in accordance with paragraph (1)(i)2 of this subsection shall include provisions ensuring that:
Each P–TECH student receives:
Substantive mentoring by an industry partner;
At least one paid summer internship of at least 6 weeks’ duration with an industry partner; and
A high school diploma from the county board in the county where the P–TECH school is located immediately following completion of all high school graduation requirements, regardless of whether the P–TECH student has completed a pathway sequence; and
P–TECH students are first in line for consideration for a job at the industry partner after graduation.
A student who is enrolled in a P–TECH school may not be considered a dually enrolled student under Title 18, Subtitle 14A of this article.
There is a P–TECH Planning Grant Program in the State.
The purpose of the P–TECH Planning Grant Program is to provide grants to county boards to plan and develop P–TECH schools in the State.
Except as provided in subsection (d) of this section, beginning in fiscal year 2018, no more than one P–TECH Planning Grant may be awarded in a local school system.
Funds for the P–TECH Planning Grant Program shall be as provided in the State budget.
Beginning in fiscal year 2020, no more than three new P–TECH Planning Grants may be awarded to establish a new P–TECH school until the 2016–2017 cohort of P–TECH students completes the 6–year pathway sequence.
A P–TECH student may not be required to pay any cost that is related to enrollment and participation in the Program, including tuition and mandatory fees.
P–TECH students shall be included in the full–time equivalent enrollment under § 5–201 of this article as follows:
Multiply the number of students who are enrolled in the fifth year of the Program by 0.50; and
Multiply the number of students who are enrolled in the sixth year of the Program by 0.25.
Student credit hours earned at a community college by a P–TECH student shall be included in the full–time equivalent student calculation established in §§ 16–305 and 16–502 of this article.
A P–TECH supplemental college grant is an amount equal to the tuition and mandatory fees that would normally be charged for the classes in which the P–TECH student is enrolled.
The State share of a P–TECH supplemental college grant shall be calculated and distributed by the State to college partners and equals:
50% for counties that received a grant under § 16–501 of the Local Government Article in the prior fiscal year; or
25% for counties that did not receive a grant under § 16–501 of the Local Government Article in the prior fiscal year.
The local share of a P–TECH supplemental college grant shall be calculated and distributed by a county board to college partners and equals the amount not paid by the State under this paragraph.
The State share of a P–TECH supplemental school grant is not less than $750 per P–TECH student per school year and shall be used for P–TECH school costs.
The State share of a P–TECH supplemental school grant shall be calculated and distributed by the Department to county boards.
A county board that receives a P–TECH supplemental school grant shall match 100% of the State share.
The Department shall adopt regulations to carry out the provisions of this subtitle.
On or before December 1 each year, the Department, in consultation with the Commission, shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Program in the State, including:
The number of students enrolled in each P–TECH school;
The industry partners associated with each P–TECH school;
The pathway sequence created for each P–TECH school;
How P–TECH students performed on federal and State assessments;
The number of P–TECH students graduating from each P–TECH school and receiving a high school diploma and an associate’s degree;
The year in which each P–TECH student graduated and received the degree;
The number of P–TECH students in each P–TECH school who receive paid internships with each industry partner;
The number of P–TECH students in each P–TECH school on track for on–time completion of the pathway sequence;
The rate of attrition, if any, from each P–TECH school by grade and by cohort;
The number of students at each P–TECH school who have an IEP plan, have a 504 plan, or are English Language Learners;
The percentage of P–TECH students who meet the free and reduced meal plan income criteria in each P–TECH school;
The number of P–TECH students in each P–TECH school who, by the fourth year of the pathway sequence, complete the requirements for a high school diploma;
The number of P–TECH students in each P–TECH school who are employed after completion of the pathway sequence with each industry partner or who matriculate to a public or private senior higher education institution after finishing the pathway sequence;
The base and supplemental costs of operating a P–TECH school;
The total amount of funds distributed to each P–TECH school in accordance with this subtitle;
An accounting of each P–TECH school’s expenditures; and
Whether all funds distributed under this subtitle were spent.
On or before December 1, 2023, the Department, in consultation with the Commission, shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
An analysis of the annual data reported under subsection (a) of this section; and
An evaluation of whether the P–TECH Program is successful in preparing students for the workforce or for further postsecondary education.
In this subtitle the following words have the meanings indicated.
“County Superintendent” means the Frederick County Superintendent of Schools.
“LYNX High School” means a Linking Youth to New Experiences High School.
There is a LYNX High School at Frederick High School in Frederick County.
The LYNX High School is a public school under the authority and supervision of the Frederick County Board of Education and the Frederick County Superintendent of Schools.
The purposes of the LYNX High School are to:
Provide individualized, self–directed learning opportunities for every student in accordance with a personal plan for success that is developed by each student with the assistance of education and business advocates and parents or guardians and is approved by the County Superintendent;
In accordance with a student’s personal plan for success, allow the student to select academic course work, the method of instruction, and the pace of learning that works best for the individual student; and
Allow the student to participate in and move between project–based learning experiences at the high school and college levels and work, internship, or apprenticeship experiences focused on college and career readiness competencies as an integral part of the student’s curriculum.
On or before September 30, 2016, the County Superintendent shall develop, in consultation and collaboration with teachers, administrators, and noncertificated personnel in the school and the exclusive representatives for teachers, principals, and noncertificated personnel, and submit to the county board for approval a plan that describes in detail the program description, proposed curriculum, evaluation procedures, performance standards, and standards for graduation for students to be enrolled in the LYNX High School.
The plan under paragraph (1) of this subsection shall describe:
How course credits will be assigned to classroom academic course work and other learning opportunities;
How students may earn credits other than through classroom academic course work;
How the curriculum will hold each student accountable for meeting the requirements of the Maryland College and Career–Ready Standards;
How students will be assessed on the Maryland College and Career–Ready Standards;
The hours and days of operation of the LYNX High School;
The use of online courses and other learning opportunities and a proposed method of approving online courses that meets the requirements and pace of the curriculum; and
Any other relevant information as determined by the County Superintendent.
On or before December 1, 2016, the county board shall approve the plan submitted under paragraph (1) of this subsection.
After the county board has approved the plan submitted under paragraph (1) of this subsection, the County Superintendent shall submit the plan to the State Board for review.
On receipt of the plan submitted under subsection (a) of this section, the county board shall consult with the County Superintendent to ensure that the plan is:
In the best interests of the students of the LYNX High School; and
As it relates to working conditions, compliant with collective bargaining agreements and any requirements of Subtitles 4 and 5 of Title 6 of this article.
Except as provided in paragraphs (2) and (3) of this subsection, within 45 days after the day of receipt of the plan submitted under subsection (a)(4) of this section and in accordance with the authority of the State Board under § 2–205 of this article to grant waivers from regulations adopted by the State Board, the State Board shall grant the LYNX High School a waiver from any regulation that conflicts with the plan approved by the county board.
A waiver required under paragraph (1) of this subsection may not be granted related to:
Personnel requirements in COMAR 13A.12.01 or 13A.12.02;
Mandatory school days and school year requirements in COMAR 13A.03.02.12; or
Assessment requirements in COMAR 13A.03.02.06.
A waiver granted under paragraph (1) of this subsection that relates to working conditions shall be subject to Subtitles 4 and 5 of Title 6 of this article.
After granting a waiver from its regulations under subsection (c) of this section, the State Board and the County Superintendent shall meet with representatives of the Maryland Department of Labor regarding the development and implementation of apprenticeship experiences for students to be enrolled in the LYNX High School.
The LYNX High School may apply for and accept donations, grants, or other financial assistance from a government entity or any nonprofit or other private organization.
The County Superintendent shall conduct an evaluation of the LYNX High School each year.
On or before September 30 in every odd–numbered year, the County Superintendent shall submit to the State Board an evaluation report for the prior fiscal year that includes:
The academic and career progress of each student enrolled in the LYNX High School;
The level of satisfaction of the students, teachers, parents or guardians, and advocates with the LYNX High School; and
The LYNX High School’s fiscal year financial report.
The LYNX High School may continue to operate until the County Superintendent sends to the State Board a written notice that the LYNX High School has been discontinued.
In this subtitle the following words have the meanings indicated.
“Personally identifiable information” means information that, alone or in combination, makes it possible to identify an individual student with reasonable certainty.
“Student data” means any personally identifiable information relating to an identified or identifiable student in the State.
The Department, in consultation with the Department of Information Technology and county boards, shall develop and update best practices for county boards to:
Manage and maintain data privacy and security practices in the processing of student data and personally identifiable information across the county board’s information technology and records management systems;
Develop and implement:
A data privacy and security incident response plan;
A breach notification plan; and
Procedures and requirements for allowing access to student data and personally identifiable information for a legitimate research purpose; and
Publish information annually on:
Types of student data and personally identifiable information processed by the county board, the protocols for processing student data, and the rationales for selecting processing protocols;
Contracted services that involve sharing student data between a county board and a school service contract provider; and
Procedures and rationales for vetting and selecting Internet sites, services, and applications.
The Department, in consultation with the Department of Information Technology and county boards, shall develop and update best practices for professional development on data governance policies and procedures.
A county board may implement the best practices for professional development on data governance policies and procedures developed under subsection (a) of this section.
The Department shall develop strategies to coordinate and assist local data governance staff in the counties to implement best practices developed under § 7–2102 of this subtitle.
A county board may designate an employee to manage and maintain a data governance program in the county that meets the requirements of § 7–2102 of this subtitle.
The Department shall adopt regulations to implement the requirements of this subtitle.
In this subtitle, “artificial intelligence” has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.
The Department shall provide guidance on artificial intelligence to local school systems, educators, parents, and students through an online platform that:
Promotes the safe, responsible, equitable, and ethical use of artificial intelligence;
Promotes artificial intelligence literacy through computer science education;
Emphasizes students and teachers at the center of educational technology;
Prioritizes the educational needs of students using evidence–based approaches and methodologies; and
Addresses how State and federal privacy and accessibility standards apply to the use of artificial intelligence instruction in schools.
The Department, in consultation with other interested stakeholders, shall publish separately on its website guidance for each of the following groups:
Students;
Educators;
Administrators; and
Parents and guardians.
Each year, the Department shall review the guidance and update the guidance as necessary.
The Department shall develop strategies to assist county boards and county superintendents to implement the guidelines and best practices developed by the Department under this section.
On or before 120 days from the date that the Department releases the guidance required under subsection (a)(1) of this section, each local school system shall have an artificial intelligence policy aligned with the guidance.
Each local school system shall designate a coordinator between the local school system and the State on the productive and ethical use of systems of artificial intelligence in the local school system.
A coordinator designated under paragraph (1) of this subsection shall be an individual who is employed at the central office administration level as noninstructional staff.
The Department shall develop and publish a rubric and other evaluative tools, as necessary, to assist local school systems in the evaluation of artificial intelligence tools selected for use by the local school system.
The rubric shall be designed to support local school systems in determining whether artificial intelligence tools are consistent with State guidelines.
Each local school system shall use the rubric and other evaluative tools developed by the Department in the review and selection of artificial intelligence tools for use within the local school system.
The Department periodically may review and update the rubric as necessary to reflect changes in technology, law, or State policy.
On request, Morgan State University, or another 4–year institution of higher education in the State, may support local school systems in assessing the tools against the rubric.
Local school systems shall procure artificial intelligence tools consistent with the provisions of Title 3.5, Subtitle 8 of the State Finance and Procurement Article.
On or before June 1, 2027, the Department, in consultation with the Governor’s Workforce Development Board, shall ensure that artificial intelligence literacy is a component of workforce preparation standards and computer science standards for kindergarten through grade 12.
The Department shall provide professional development in artificial intelligence to educators and school leaders that:
Is sufficient in duration and quality to prepare the educators and school leaders:
For the professional use of artificial intelligence;
To apply artificial intelligence to instruction; and
To understand ethical considerations of artificial intelligence;
Provides substantive coverage of:
The purpose of artificial intelligence in education;
Basic artificial intelligence vocabulary and concepts;
How artificial intelligence works;
Effective classroom use cases, including to streamline administrative tasks, to support specially designed instruction, and to provide timely feedback; and
Effective use, privacy, security, academic integrity, and means of avoiding overdependence; and
Is offered:
During the employee’s regular workday as part of time designated for professional development; or
As a course that is eligible for credit toward licensure renewal.
In this section, “Collaborative” means the Maryland AI Education Collaborative on Artificial Intelligence in K–12 Education.
There is a Maryland AI Education Collaborative on Artificial Intelligence in K–12 Education.
The Collaborative consists of the following members:
The State Superintendent, or the State Superintendent’s designee;
The Executive Director of the Maryland Association of Boards of Education, or the Executive Director’s designee;
The President of the Maryland State Education Association, or the President’s designee;
The President of the Maryland Association of School Personnel Administrators, or the President’s designee;
The President of the Baltimore Teachers Union, or the President’s designee;
The Executive Director of the Public School Superintendents’ Association of Maryland, or the Executive Director’s designee;
Five coordinators designated by the county boards under § 7–2202(d) of this subtitle;
Three representatives from nonprofit organizations that represent parents;
Three representatives from student organizations;
One representative from a statewide organization that represents students with disabilities;
One representative from a statewide organization that represents multilingual families and students;
Three representatives from labor unions that represent teachers, administrators, and school support staff;
The President of the Maryland Chapter of the Computer Science Teachers Association, or the President’s designee;
The Executive Director of the Maryland Center for Computing Education, or the Executive Director’s designee;
The Chair of the Governor’s Workforce Development Board, or the Chair’s designee; and
One representative from Morgan State University.
It is the intent of the General Assembly that the educators consulted by the Collaborative shall represent diverse subject areas and licensure areas, including general and special educators.
The State Superintendent shall designate the chair of the Collaborative and may establish subcommittees of the Collaborative.
The Department:
Shall provide staff for the Collaborative; and
May partner or contract with an organization to support the Collaborative.
A member of the Collaborative:
May not receive compensation as a member of the Collaborative; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Collaborative shall:
Study the uses of artificial intelligence in each local school system, including a review of innovation by industry and philanthropic support of schools in the use of artificial intelligence; and
Make findings and recommendations regarding:
The development or update of the guidance and best practices for county boards under § 7–2202 of this subtitle;
The implementation of best practices for relevant professional development; and
The adoption of policies and procedures regarding the development, procurement, implementation, utilization, and ongoing assessment of systems that employ artificial intelligence by a county board.
On or before January 1, 2027, based on best practices from across the country, the Collaborative shall recommend a process for the State Board to update on a regular basis relevant State content standards to address the role of artificial intelligence.
On or before December 1, 2027, and each December 1 thereafter, the Collaborative shall report its findings and recommendations to the State Board and the Accountability and Implementation Board and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
Professional development offered by local school systems and participants in each professional development activity disaggregated by role;
Statewide adoption of artificial intelligence guidance;
The use of artificial intelligence in instruction;
The instruction on artificial intelligence in each local school system; and
The use of artificial intelligence in administrative tasks.
In this subtitle the following words have the meanings indicated.
“Disadvantaged child” means a child who:
Because of environmental conditions, is not achieving at a level that is scholastically up to his potential abilities;
Has to compensate for his inability to profit from the normal educational program;
Is 3 years old or older and under 19 and has not graduated from high school;
Has the potential to complete successfully a regular educational program leading to graduation from a high school; and
Because of home and community environment, is subject to language, cultural, and economic disadvantages that make his completion of the regular program leading to graduation unlikely without special efforts by school authorities to provide stimulation of his potential in addition to the efforts involved in providing the regular educational programs.
“Program of compensatory education” means a program adopted by a county board for any of the grades prekindergarten through 12 that:
Is in the form required by this subtitle;
Supplements the regular educational programs of the county board;
Includes a plan for the identification of disadvantaged children; and
Has the purpose of providing stimulation of the intellectual abilities of disadvantaged children.
To the extent that funds are provided in the State budget or are available from other sources, the State Board may establish programs of compensatory education of the following types:
New or modified teacher training curricula to incorporate instruction in methods and techniques:
Developed by competent authorities; and
Designed to enable teachers to identify and teach disadvantaged children effectively;
Research and consultative projects undertaken to assist State agencies and the county boards in carrying out their responsibilities under this subtitle; and
Evaluation, demonstration, and distribution of findings that are related to programs of compensatory education independently or in cooperation with any public or private agency or organization that engages in research and development designed to overcome disadvantage.
The State Superintendent shall:
Supervise and control each program of compensatory education provided in this State;
Take any action necessary to coordinate these programs;
Approve or disapprove, as may be appropriate, each county program application; and
Provide technical and consultative assistance to the county boards.
The State Board shall establish standards to guide county boards in applying for:
Any State funds that are provided in the State budget specifically for the purposes of this subtitle; and
Funds provided under the federal Elementary and Secondary Education Act of 1965.
These standards apply to the extent that they do not conflict with the federal Elementary and Secondary Education Act of 1965 or regulations adopted under that Act.
Each county board that applies for State funds under this subtitle shall include a comprehensive compensatory education plan in its application that:
Emphasizes a preventive program aimed at disadvantaged or potentially disadvantaged children; and
Has as an ultimate goal:
Teaching disadvantaged or potentially disadvantaged children to read;
Awakening their interest in learning;
Giving them a sense of success in school achievement;
Preventing their alienation from the school; and
Preventing their early departure from school.
State funds to assist in developing and implementing the programs authorized under this subtitle may be provided in the State budget.
A child who participates in a program of compensatory education under this subtitle also may participate in any other potentially beneficial program that is offered in the public schools or otherwise.
In this subtitle, “gifted and talented student” means an elementary or secondary student who is identified by professionally qualified individuals as:
Having outstanding talent and performing, or showing the potential for performing, at remarkably high levels of accomplishment when compared with other students of a similar age, experience, or environment;
Exhibiting high performance capability in intellectual, creative, or artistic areas;
Possessing an unusual leadership capacity; or
Excelling in specific academic fields.
Beginning with the 2022–2023 school year, a gifted and talented student in middle school, 9th grade, or 10th grade may meet the college and career readiness standard under § 7–205.1 of this article.
Each local school system shall develop accelerated pathways and enrichment programs for gifted and talented students to achieve college and career readiness before the end of the 10th grade.
The General Assembly finds that:
A gifted and talented student needs different services beyond those normally provided by the regular school program in order to develop the student’s potential; and
Gifted and talented students are to be found in youth from all cultural groups, across all economic strata, and in all areas of human endeavor.
The State Board shall encourage each county board to develop and implement programs for gifted and talented students.
To the extent funds are provided in the State budget or are available from other sources, the State Board shall provide guidance, consultative and technical assistance, and fiscal support for programs that include:
Teacher training to incorporate instruction in methods and techniques that are designed to enable teachers to identify and teach gifted and talented students;
Research undertaken to help develop new or modified curricula for gifted and talented students; and
Evaluation, demonstration, and distribution of findings that are related to programs for gifted and talented students.
In this subtitle, “blind child” means a child 6 years old or older and under 19 who has a visual impairment and because of that impairment cannot progress satisfactorily in an ordinary public or private school.
This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.
Each blind child shall attend a school or classes for the blind during the school year unless the child otherwise is receiving regular, thorough instruction during the school year in studies usually taught in the public schools to children of the same age.
A superintendent or principal of a school for the blind or an individual authorized by a superintendent or principal may excuse a blind child for a necessary absence.
Each person who has a blind child under the person’s control shall see that the child attends school or receives instruction as required by this section.
The Department, each county board, and the Maryland School for the Blind shall work together to meet the educational needs of blind children.
The Maryland School for the Blind shall adopt written standards for the admission and dismissal of students.
The standards and any amendments shall be submitted to the State Board for approval under § 2–206 of this article.
The State Board may require modifications to the standards as it considers necessary.
If the Maryland School for the Blind refuses to admit a child or dismisses a child, a parent or guardian of the child may make a written request to the Office of Administrative Hearings that a review be conducted to determine if the decision was appropriate.
A review shall be conducted pursuant to the provisions of § 8–413 of this title.
Each local education agency in the State shall notify the parents or guardians of each blind or visually impaired child, including children with multiple disabilities, of the availability of the educational programs offered by the Maryland School for the Blind.
Under § 2–206 of this article, the Maryland School for the Blind shall keep the State Board fully informed as to the educational program and administrative policies of the schools under their jurisdiction.
In this section, “Board” has the meaning stated in § 8–310 of this subtitle.
Teachers and any other professional personnel at the Maryland School for the Blind shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in Baltimore County.
There shall be a single, uniform pay plan for teachers and other professional personnel at the Maryland School for the Blind.
The pay plan shall be established by the Secretary of Budget and Management after considering recommendations from the Board.
The Secretary of Budget and Management shall include in the pay plan classifications and pay grades based on the duties, responsibilities, education, and training required.
In determining its recommendations for the pay plan, the Board, in consultation with the faculty and staff of the Maryland School for the Blind, shall review the salaries of public school teachers and other professional personnel in Baltimore County and shall recommend to the Secretary of Budget and Management salaries that will be adequate to recruit and retain qualified teachers and professional personnel at the Maryland School for the Blind.
The Board shall provide recommendations to the Secretary of Budget and Management on or before the June 1 prior to the July 1 of the first fiscal year in which the pay plan will take effect.
Beginning with the third fiscal year the pay plan is in effect and in every third fiscal year thereafter, the Secretary of Budget and Management shall adjust the pay plan, if necessary, to ensure that salaries in the pay plan are adequate to recruit and retain qualified teachers and other professional personnel.
On or before the September 1 preceding the beginning of the fiscal year for which adjustments to the pay plan may be made under this section, the Board shall review the salaries of public school teachers and other professional personnel in Baltimore County and shall recommend adjustments to the pay plan to the Secretary of Budget and Management.
The Secretary of Budget and Management shall review the recommendations of the Board prior to making adjustments to the pay plan authorized by this section.
The Secretary of Budget and Management shall incorporate these adjustments into the budget recommendations for the Governor’s review and approval for inclusion in the annual budget request.
Each county board shall pay the Maryland School for the Blind an amount equal to the local share of the basic cost, as defined in § 8–415(d)(1) of this title, for each blind child who is sent to the school from the county each year to support the cost of instructional programming.
Each county governing body shall include a child sent to the Maryland School for the Blind under paragraph (1) of this subsection in the full–time equivalent enrollment used for calculating the required local funds appropriated under § 5–202(d) of this article.
The Board of Directors of the Maryland School for the Blind shall give each county board on April 1 and October 1 of each year a statement that contains:
The number of blind children who are attending from the county; and
The name of each blind child from the county and charged to the county.
In this section the following words have the meanings indicated.
“Board” means the Board of Directors of the Maryland School for the Blind.
“Superintendent” means the State Superintendent of Schools.
The Maryland School for the Blind, a body corporate of the State the charter of which was established on May 19, 1853, shall be governed by the Board.
The Board consists of 25 members.
Of the 25 members of the Board:
Subject to confirmation by the Senate of Maryland, five members, including one member of the Senate of Maryland and one member of the Maryland House of Delegates, shall be appointed jointly by the Governor and the Superintendent, with recommendations from the Chairman of the Board; and
20 members shall be elected according to the charter and bylaws of the Maryland School for the Blind.
The term of a member is 3 years.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.
Any vacancy shall be filled in the same manner in which the vacating member was appointed.
Except as provided in subsubparagraph 2 of this subparagraph, a member who serves three consecutive terms may not be reappointed for 1 year after completion of those terms.
The Chairman of the Board may be reappointed to serve additional terms immediately after completion of three consecutive terms.
The Maryland School for the Blind shall establish and operate a program of enhanced services for blind students who have other severe disabilities.
The Maryland School for the Blind shall include a description of the program in the written agreement with the Department of Education required under § 8–312 of this subtitle.
The costs of providing enhanced services to a child under the program shall be shared by the State and by the county in which the child is domiciled as provided in subsection (d) of this section.
Subject to subparagraph (ii) of this paragraph, the Department, in consultation with the Maryland School for the Blind, shall determine on an individual basis those students who are eligible for the enhanced program described in this section.
Students served in the enhanced program shall be students who are at risk of requiring nonpublic placement in an out–of–state special education facility, including students who are blind/deaf or students with other severe and multiple disabilities.
The county in which a child placed in the enhanced program is domiciled shall pay the local share of the “basic cost”, as defined in § 8–415(d)(1) of this title, of the education for that child.
A county which pays the local share of the “basic cost” as provided in subparagraph (i) of this paragraph shall not pay the tuition required in § 8–309 of this subtitle.
The State shall pay the cost of serving a student in the enhanced program based on an individual cost sheet completed by the Department for each student enrolled in the program.
In addition to the funding provided for enhanced services under this section, the Governor shall annually include at least $1,000,000 in the State budget for the cost of providing residential services.
On or before September 1 each year, the Department shall report to the Senate Budget and Taxation Committee, the Senate Finance Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with § 2–1257 of the State Government Article, on:
The number of students enrolled in the program established under subsection (a) of this section;
The annual costs of the program established under subsection (a) of this section; and
Any anticipated enrollment growth and future costs related to the program established under subsection (a) of this section.
The Department of Education and the Maryland School for the Blind shall enter into a written agreement.
The agreement shall provide for monitoring and review by the Department of the Maryland School for the Blind, including:
Review by the Department of the annual budget approved by the Board of the Maryland School for the Blind;
Monitoring by the Department of the Maryland School for the Blind’s program of enhanced services for blind students who have severe disabilities, including the criteria approved by the Board of the Maryland School for the Blind for the admission of students to the program;
Consultation between the Department and the Maryland School for the Blind on issues of blind education;
Assistance from the Department in developing agreements between the Maryland School for the Blind and local school systems and other State and local agencies for provision of services to blind children; and
Monitoring by and assistance from the Department regarding other aspects of the Maryland School for the Blind’s educational program and services to blind children as required by federal or State law.
The Maryland School for the Blind may enter into written agreements with State and local agencies, including local school systems, for the purpose of providing services to blind children.
This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for blind students.
In this section the following words have the meanings indicated.
“4–year average annual full–time equivalent enrollment” means:
The average number of students enrolled annually in grades prekindergarten through grade 12 at the Maryland School for the Blind during 4 consecutive school years as determined by dividing the aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period;
One–half the average number of children served annually by the Maryland School for the Blind’s Early Intervention Program during 4 consecutive school years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period; and
One–half the average number of children served annually by the Maryland School for the Blind’s Outreach Program during 4 consecutive fiscal years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months the Program operates during the 4–year period.
“Growth in the target per pupil foundation amount” means:
For fiscal year 2026, 4.97%;
For fiscal year 2027, 5.48%;
For fiscal year 2028, 4.17%;
For fiscal year 2029, 4.20%;
For fiscal year 2030, 4.17%;
For fiscal year 2031, 3.98%;
For fiscal year 2032, 3.99%;
For fiscal year 2033, 3.93%; and
For subsequent fiscal years, the change in the per pupil amount from the prior fiscal year to the current fiscal year divided by the per pupil amount from the prior fiscal year.
“Prior year appropriation” means the State appropriation to the Maryland School for the Blind in the prior fiscal year less any funding provided under § 8–311(d) of this subtitle in the prior fiscal year.
“Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.
“Weighted enrollment growth” means the product of 0.2 times the change in the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years to the 2nd through the 5th prior school years divided by the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years.
Except as provided in paragraph (2) of this subsection, the Maryland School for the Blind shall receive an appropriation equal to or greater than the sum of:
75% of the prior year appropriation multiplied by the product of:
The sum of the weighted enrollment growth plus one; and
The sum of the growth in the target per pupil foundation amount plus one; and
25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus one.
The minimum appropriation required under paragraph (1) of this subsection may be reduced to the extent reductions are made to the administrative expenses of the Maryland School for the Blind.
For information purposes, the budget submitted by the Governor to the General Assembly shall include a detailed account of the operating and administrative budget for the Maryland School for the Blind in accordance with § 5–101 of this article, which shall include a complete list of revenue sources and expenditures for:
Salaries, wages, and fringe benefits;
Technical and special fees;
Communications;
Travel;
Contractual services;
Supplies and materials;
Equipment;
Fixed charges; and
Other expenses.
Notwithstanding § 4–114 of this article and subject to regulations adopted by the Interagency Commission on School Construction, the Maryland School for the Blind shall be eligible for funding under the Public School Construction Program in accordance with Title 5, Subtitle 3 of this article.
The Interagency Commission on School Construction shall adopt regulations for funding school construction and school capital improvements at the Maryland School for the Blind in accordance with the requirements set forth in Title 5, Subtitle 3 of this article that apply to school construction and school capital improvement projects funded for county boards of education.
Any person who has a blind child under the person’s control and who violates any provision of § 8–302 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.
Any person who induces or attempts to induce a blind child to be absent unlawfully from school, or who employs or harbors a blind child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.
Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s sight impairment or from some other cause.
One of the physicians shall be an appropriate specialist.
If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a sight impairment, the State’s Attorney shall enforce the provisions of this section.
These medical examinations shall be paid for by the county in which the child who is examined resides.
In this subtitle, “deaf child” means a child at least 6 years old and under the age of 19 years who has a hearing impairment, and because of that impairment cannot progress satisfactorily in an ordinary public or private school.
This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.
Each deaf child shall attend a school or classes for the deaf during the school year unless the child otherwise is receiving regular, thorough instruction during the school year in studies usually taught in the public schools to children of the same age.
A superintendent or principal of a school for the deaf or an individual authorized by a superintendent or principal may excuse a deaf child for a necessary absence.
Each person who has a deaf child under the person’s control shall see that the child attends school or receives instruction as required by this section.
The Department, each county board, and the Maryland School for the Deaf shall work together to meet the educational needs of deaf children.
There is a Maryland School for the Deaf.
The governance of the Maryland School for the Deaf is vested in the Board of Trustees of the Maryland School for the Deaf.
The Board of Trustees shall consist of 13 members appointed by the Governor with the advice and consent of the Senate.
Of the 13 members, at least 7 members shall be deaf.
Each member of the Board shall:
Be a resident of the State;
Be a member of the general public; and
Have demonstrated an active interest in the education of deaf children.
Each geographic region of the State shall be represented by at least one member of the Board.
The term of a member is 6 years.
The terms of the members are staggered as required by the terms provided for the members of the Board on October 1, 1992.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member may not serve more than two consecutive terms.
The Board may:
Apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person; and
Maintain, manage, and invest any gifts or grants that it accepts.
The Board shall establish an annual operating budget.
There is a branch of the Maryland School for the Deaf.
This branch shall be located near the population center of the State.
The branch shall be administered and operated as part of and is subject to the Maryland School for the Deaf.
The Maryland School for the Deaf shall adopt written standards for the admission of students.
The standards shall define and distinguish between students who are bona fide Maryland residents and those who are out–of–state students, for purposes of admission and tuition.
The Maryland School for the Deaf shall admit students free of charge who:
Are bona fide Maryland residents; and
Meet the admission standards of the Maryland School for the Deaf.
The Maryland School for the Deaf may admit out–of–state students for tuition who meet the admission standards of the Maryland School for the Deaf.
The Maryland School for the Deaf shall establish tuition rates on an annual basis.
Each teacher who is employed by the Maryland School for the Deaf is in the professional service in the State Personnel Management System.
Professional personnel and staff employed by the Maryland School for the Deaf are in the professional and skilled services in the State Personnel Management System.
Each local education agency in the State shall notify the parents or guardians of each hearing–impaired child of the availability of the educational programs offered by the Maryland School for the Deaf.
Under § 2–206 of this article, the Maryland School for the Deaf shall keep the State Board fully informed as to the educational program and administrative policies of the schools under their jurisdiction.
The Maryland School for the Deaf shall establish and operate a program of enhanced services for deaf students who have other moderate to severe disabilities.
The Maryland School for the Deaf shall include a description of the program in the written agreement with the Department required under § 8–3A–08 of this subtitle.
The costs of providing enhanced services to a child under the program shall be paid to the school and be provided jointly by the State and by the county in which the child is domiciled as provided in subsection (d) of this section.
The child shall be jointly placed in the enhanced program, in accordance with procedures for students with disabilities, by the local school system and the Maryland School for the Deaf.
The county in which a child placed in the enhanced program is domiciled shall pay the local share of the “basic cost”, as defined in § 8–415(d)(1) of this title, of the education for that child.
The State shall pay the remaining cost of providing services under the program to the child.
The Department and the Maryland School for the Deaf shall enter into a written agreement.
The agreement shall provide for monitoring and review of the Maryland School for the Deaf by the Department, including:
Review by the Department of the annual budget approved by the Board of the Maryland School for the Deaf;
Monitoring of the Maryland School for the Deaf’s program of enhanced services for deaf students by the Department who have other moderate to severe disabilities, including the criteria approved by the Board of the Maryland School for the Deaf for the admission of students to the program;
Consultation between the Department and the Maryland School for the Deaf on issues of deaf education;
Assistance from the Department in developing agreements between the Maryland School for the Deaf and local school systems and other State and local agencies for provision of services to deaf children; and
Monitoring by and assistance from the Department regarding other aspects of the Maryland School for the Deaf’s educational program and services to deaf children as required by federal or State law.
The Maryland School for the Deaf may enter into written agreements with State and local agencies, including local school systems, for the purpose of providing services to deaf children.
This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for deaf and hearing–impaired students.
In this section the following words have the meanings indicated.
“4–year average annual full–time equivalent enrollment” means:
The average number of students enrolled annually in grades prekindergarten through grade 12 at the Maryland School for the Deaf during 4 consecutive school years as determined by dividing the aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period; and
One–half the average number of children served annually by the Maryland School for the Deaf’s Early Intervention Program during 4 consecutive school years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period.
“Growth in the target per pupil foundation amount” means:
For fiscal year 2026, 4.97%;
For fiscal year 2027, 5.48%;
For fiscal year 2028, 4.17%;
For fiscal year 2029, 4.20%;
For fiscal year 2030, 4.17%;
For fiscal year 2031, 3.98%;
For fiscal year 2032, 3.99%;
For fiscal year 2033, 3.93%; and
For subsequent fiscal years, the change in the per pupil amount from the prior fiscal year to the current fiscal year divided by the per pupil amount from the prior fiscal year.
“Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.
“Weighted enrollment growth” means the product of 0.2 times the change in the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years to the 2nd through the 5th prior school years divided by the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years.
Except as provided in paragraph (2) of this subsection, the Maryland School for the Deaf shall receive an appropriation equal to or greater than the sum of:
75% of the prior year appropriation multiplied by the product of:
The sum of the weighted enrollment growth plus 1; and
The sum of the growth in the target per pupil foundation amount plus 1; and
25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus 1.
The minimum appropriation required under paragraph (1) of this subsection may be reduced to the extent reductions are made to the administrative expenses of the Maryland School for the Deaf.
There shall be a single, uniform pay plan for teachers and other professional personnel at the campuses of the Maryland School for the Deaf. The pay plan shall be established by the Secretary of Budget and Management after considering recommendations from the Board of Trustees of the Maryland School for the Deaf. The Secretary shall include in the pay plan classifications and pay grades based on the duties, responsibilities, education, and training required.
In determining its recommendations for the pay plan, the Board of Trustees, in consultation with the faculty and staff of the Maryland School for the Deaf, shall review the salaries of public school teachers and other professional personnel in Frederick and Howard counties and shall recommend to the Secretary of Budget and Management salaries that will be adequate to recruit and retain qualified teachers and professional personnel at the Maryland School for the Deaf.
The Board of Trustees shall provide their recommendations to the Secretary of Budget and Management on or before the June 1 prior to the July 1 of the first fiscal year in which the pay plan will take effect.
Beginning with the third fiscal year the pay plan is in effect and in every third fiscal year thereafter, the Secretary of Budget and Management shall adjust the pay plan, if necessary, to ensure that salaries in the pay plan are adequate to recruit and retain qualified educators and other professional personnel.
On or before the September 1 preceding the beginning of the fiscal year for which adjustments to the pay plan may be made under this subsection, the Board of Trustees of the Maryland School for the Deaf shall review the salaries of public school teachers and other professional personnel in Frederick and Howard counties and shall recommend adjustments to the pay plan to the Secretary of Budget and Management.
The Secretary of Budget and Management shall review the recommendations of the Board of Trustees prior to making adjustments to the pay plan authorized by this Act.
The Secretary of Budget and Management shall incorporate these adjustments into the budget recommendations for the Governor’s review and approval for inclusion in the annual budget request.
Any person who has a deaf child under the person’s control and who violates any provision of § 8–3A–02 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.
Any person who induces or attempts to induce a deaf child to be absent unlawfully from school, or who employs or harbors a deaf child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.
Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s hearing impairment or from some other cause.
One of the physicians shall be an appropriate specialist.
If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a hearing impairment, the State’s Attorney shall enforce the provisions of this section.
These medical examinations shall be paid for by the county in which the child who is examined resides.
In this subtitle the following words have the meanings indicated.
“Child with a disability” means a child who has been determined through appropriate assessment as having autism, deaf–blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment, including blindness, and who because of that impairment needs special education and related services.
“Free appropriate public education” means special education and related services that:
Are provided at public expense, under public supervision and direction, at no cost to the parents;
Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
Includes preschool, elementary, and secondary education; and
Are provided in conformance with the requirements of the child’s individualized education program.
“Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.
“Related services” includes the early identification and assessment of disabling conditions in children.
“Related services” does not include a surgically implanted medical device or the replacement of the device.
“Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:
Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and
Instruction in physical education.
In this subtitle the domicile of a child with a disability is the county in which the parent or guardian who has legal custody of the child is domiciled.
A child with a disability who has been placed by a local school system or private noncollegiate institution with an employer in an unpaid work assignment as part of an individualized education program is a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers’ compensation.
A resident in a facility as defined under § 10–101(g) of the Health – General Article is not a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers’ compensation.
Compensation for injury or death to a child with a disability under this section shall be based on the federal minimum wage in effect at the time of the child’s injury.
A local school system or private noncollegiate institution that places a child with a disability with an employer in an unpaid work assignment pursuant to the child’s individualized education program may secure workers’ compensation coverage for that child.
The State and each local school system shall make a free appropriate public education available to each child with a disability, as provided by this subtitle.
Appropriate special education and related services are available to a child with a disability from birth through the end of the school year in which the child turns 21 years of age.
The State Board shall adopt, as regulations, standards for the identification, evaluation, educational placement, and the provision of a free appropriate public education of each child in this State who has begun the school year under the age of 21 and is found to need special education and related services, whether or not the child is receiving nonduplicative services from another governmental agency.
Before these standards are adopted, the State Board shall consult with public and private agencies and persons who are concerned with and knowledgeable about the educational needs of children with disabilities who require special education and related services.
The standards for the education of a child with a disability who is enrolled in a school that is operated by an agency other than a local school system may not be lower than the standards for the education of a child with a disability who is enrolled in a school that is operated by a local school system. The standards for the approval of schools located in jurisdictions outside Maryland shall be the same as standards applicable to the approval of schools within Maryland. However, no school located in a jurisdiction outside Maryland shall be approved if the charges for pupils approved by the Department are higher than charges for pupils from any other state for the same services, unless waived by the State Superintendent.
The standards shall include:
The required qualifications for teachers, administrators, and other professionals serving a child with a disability;
Procedures for the identification, evaluation, educational placement, and provision of a free appropriate public education for a child with a disability who requires the provision of special education and related services;
Guidelines for curricula, instructional materials, equipment, and the organization, administration, and supervision of the program, including accounting, auditing, and reporting procedures;
Provisions for local, regional, and State day and residential centers for children with disabilities who cannot be served appropriately in the public schools;
Coordination of these special education services with services given by any other government agency; and
Guidelines for approval of placement in nonpublic schools or facilities if appropriate public services are not available.
In this section the following words have the meanings indicated.
“Accessible copy” includes a copy of a document provided to an individual in a format as defined in § 8–408 of this subtitle.
“Extenuating circumstance” means:
A death in the family;
A personal emergency;
A natural disaster; or
Any other similar situation defined by the Department.
“Individualized education program” and “individualized family service plan” have the same meaning as provided in the federal Individuals with Disabilities Education Act.
When a team of qualified professionals and the parents meet for the purpose of discussing the identification, evaluation, educational program, or the provision of a free appropriate public education of a child with a disability:
The parents of the child shall be afforded the opportunity to participate and shall be provided reasonable notice in advance of the meeting; and
Reasonable notice shall be at least 10 calendar days in advance of the meeting, unless an expedited meeting is being conducted to:
Address disciplinary issues;
Determine the placement of the child with a disability not currently receiving educational services; or
Meet other urgent needs of a child with a disability to ensure the provision of a free appropriate public education.
At the initial evaluation meeting, the parents of the child shall be provided:
In plain language, an oral and written explanation of the parents’ rights and responsibilities in the individualized education program process and a program procedural safeguards notice;
Written information that the parents may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members;
Written information on the Special Education Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the State Government Article;
Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle; and
Written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.
At least one time each year at an individualized education program or individualized family service plan team meeting, the parents of the child shall be provided with the written informational materials described under subsubparagraph 1E of this subparagraph.
If a parent’s native language is not English, the information in subsubparagraph 1B, C, D, and E of this subparagraph shall be provided to the parent in the parent’s native language.
The parents may request the information provided under subparagraph (i) of this paragraph at any subsequent meeting.
If a child who has an individualized education program developed in another school system moves into a different local school system, that local school system shall provide the information required under subparagraph (i)1B, C, D, and E of this paragraph at the time of the first written communication with the parents regarding the child’s individualized education program or special education services.
A local school system shall publish information that a parent may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members in a prominent place on the section of its website relating to special education services.
Failure to provide the information required under paragraph (2)(i)1B, C, D, and E of this subsection does not constitute grounds for a due process complaint under § 8–413 of this subtitle.
A parent may request an independent educational evaluation at public expense in accordance with regulations adopted by the Department if:
The parent disagrees with the educational evaluation of the student that was conducted by the local school system; or
The parent submits to the local school system a written request for an educational evaluation conducted by the local school system and the local school system:
Does not respond to the request within 30 days as required under subparagraph (ii) of this paragraph; or
Approves the request but the educational evaluation meeting does not occur, through no fault of the parent, within:
60 days after the date on which the request was received by the local school system; or
II. If the State is under a state of emergency proclaimed by the Governor, 90 days after the date on which the request was received by the local school system.
The local school system shall provide a written response approving or denying a request within 30 days of the date the request was made.
If the local school system approves a request, the written response shall advise the parent of the process for arranging the evaluation at public expense.
If the local school system denies a request, the local school system shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date of the denial.
If, during an individualized education program team meeting, a parent disagrees with the child’s individualized education program or the special education services provided to the child, the individualized education program team shall provide the parent with, in plain language:
An oral and a written explanation of the parent’s right to request mediation in accordance with § 8–413 of this subtitle;
Contact information, including a telephone number that a parent may use to receive more information about the mediation process;
Information regarding pro bono representation and other free or low–cost legal and related services available in the area; and
Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
A parent may request the information provided under subparagraph (i) of this paragraph at any individualized education program team meeting.
If the native language spoken by a parent who requests information under paragraph (5) of this subsection is spoken by more than 1% of the student population in the local school system, the parent may request that the information be translated into the parent’s native language.
If a parent makes a request under subparagraph (i) of this paragraph, the individualized education program team shall provide the parent with the translated document within 30 days after the date of the request.
The individualized education program team shall determine, on at least an annual basis, whether the child requires extended year services in order to ensure that the child is not deprived of a free appropriate public education by virtue of the normal break in the regular school year.
In this subsection, “emergency conditions” means a period of time of 10 school days or longer, during which:
A child with a disability cannot be provided with an individualized education program or special education services at school; and
The school is providing instruction in some form to its students.
Beginning October 1, 2021, an individualized education program shall include a learning continuity plan to implement during emergency conditions in order to ensure that the individualized education program is proceeding appropriately despite the emergency conditions.
A learning continuity plan required under subparagraph (i) of this paragraph shall be developed by an individualized education program team at the time of:
The development of a student’s initial individualized education program; or
The next scheduled revision of a student’s individualized education program.
Within 10 days of an individualized education program team determining that emergency conditions exist, the team shall make a reasonable attempt to notify the parent or guardian of a child who requires an individualized education program that a learning continuity plan is in place.
In contacting a parent or guardian under this paragraph, the individualized education program team shall seek input from the parent or guardian on how the learning continuity plan will best operate during emergency conditions.
Notwithstanding any other provision of law, the provision of services under a learning continuity plan during emergency conditions does not alter the child’s educational placement for purposes of a due process complaint brought under § 8–413 of this subtitle.
An individualized education program team shall periodically update the emergency learning continuity plan.
Except as provided in paragraph (2) of this subsection, and subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a scheduled meeting of the individualized education program team or other multidisciplinary education team for any purpose for a child with a disability, appropriate school personnel shall provide the parents of the child with:
An accessible copy of each assessment, report, data chart, draft individualized education program, or other document that either team plans to discuss at the meeting;
Notification of the right of the parent to be accompanied to the meeting by any individual who has knowledge or expertise regarding the student; and
Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
Subject to subparagraph (i) of this paragraph, an assessment, report, data chart, or other document prepared by a school psychologist or other medical professional that either team plans to discuss at the meeting may be provided to the parents of the child orally and in writing prior to the meeting.
The parents of a child may notify appropriate school personnel that they do not want to receive the documents required to be provided under subparagraph (i) of this paragraph.
Subject to subparagraph (ii) of this paragraph, appropriate school personnel are not required to comply with paragraph (1) of this subsection in the event of an extenuating circumstance.
In the event of an extenuating circumstance, appropriate school personnel who fail to comply with paragraph (1) of this subsection shall document the extenuating circumstance and communicate that information to the parents of the child.
Not later than 5 business days after a scheduled meeting of the individualized education program team or other multidisciplinary team for a child with a disability, appropriate school personnel shall provide the parents of the child with a copy of the completed individualized education program.
If the individualized education program has not been completed by the 5th business day after the meeting, the parents shall be provided with the draft copy of the individualized education program.
The completed or draft individualized education program shall be provided to the parents in an accessible format.
If the native language spoken by the parents of a child with a completed individualized education program or a completed individualized family service plan is spoken by more than 1 percent of the student population in the local school system, the parents may request the document to be translated into the parents’ native language.
If a parent makes a request under subparagraph (i) of this paragraph, appropriate school personnel shall provide the parents with the translated document within 30 days after the date of the request.
Except as provided in paragraph (2) of this subsection, an individualized education program team shall obtain written consent from a parent if the team proposes to:
Enroll the child in an alternative education program that does not issue or provide credits toward a Maryland high school diploma;
Identify the child for the alternative education assessment aligned with the State’s alternative curriculum; or
Include restraint or seclusion in the individualized education program to address the child’s behavior as described in COMAR 13A.08.04.05.
If the parent does not provide written consent to an action proposed in paragraph (1) of this subsection at the individualized education program team meeting, the individualized education program team shall send the parent written notice no later than 5 business days after the individualized education program team meeting that informs the parent that:
The parent has the right to either consent to or refuse to consent to an action proposed under paragraph (1) of this subsection; and
If the parent does not provide written consent or a written refusal to consent to an action proposed under paragraph (1) of this subsection within 15 business days of the individualized education program team meeting, the individualized education program team may implement the proposed action.
If the parent refuses to consent to the action proposed, the individualized education program team may use the dispute resolution options listed in § 8–413 of this subtitle to resolve the matter.
To fulfill the purposes of this section, school personnel may provide the documents required under this section through:
Electronic delivery;
Home delivery with the student; or
Any other reasonable and legal method of delivery.
Failure to comply with this section does not constitute a substantive violation of the requirement to provide a student with a free appropriate public education.
The Department shall adopt:
Regulations that define what information should be provided in the verbal and written explanations of the parents’ rights and responsibilities in the individualized education program process; and
Any other regulations necessary to carry out subsection (b)(2) and (4) of this section.
Subject to subsection (b) of this section, at least one time each year at a student’s 504 plan meeting, the parents of the student shall be provided with the written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.
If a student’s 504 plan meeting does not occur at least one time each year, the written informational materials described under subsection (a) of this section shall be provided at each 504 plan meeting.
If a parent’s native language is not English, the written informational materials shall be provided in the parent’s native language.
The parents may request the written informational materials provided at any subsequent meeting.
In this section, “wraparound services”:
Means individualized services, excluding regular school programs or services, that are provided to a child with a disability and the child’s family; and
Includes the following services:
Behavioral aide in home;
Education tutoring;
Family therapy;
Medication management;
Respite care;
Vocational mentoring; and
Environmental accessibility adaptations.
A child with a disability who needs special education and related services that cannot be provided in a public county, regional, or State program shall be placed in an appropriate nonpublic educational program that offers these services.
A child with a disability who needs special education and related services is eligible for an appropriate nonpublic educational placement under this section if a State or local agency provides documentation that the child cannot attend a public school in the local school system:
Because of the child’s home circumstances; or
Subject to subsection (d)(1) and (2) of this section, because of medical necessity.
The cost of the nonpublic educational program shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, as appropriate.
Subject to availability of funding in the State budget, for a child who qualifies for a nonpublic educational program under subsection (b)(2) of this section and who requires wraparound services in order to receive special education and related services in the least restrictive environment, the cost of providing the services shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, if a State or local agency documents that the child’s parent or legal guardian is unable to provide the wraparound services.
Payment or reimbursement for a nonpublic program may not be provided if the payment or reimbursement would require an additional contribution from the State under § 8-415(d)(2) of this subtitle unless the Department approves:
The nonpublic program;
The placement of the child in the program;
The cost of the program; and
The amount of payment or reimbursement.
For wraparound services, payment or reimbursement may not be provided in accordance with § 8-415(d) of this subtitle if:
The child is eligible for funding for out-of-state placement of children under departmental regulations; or
Alternative federal, State, or local funding is available.
Department approval is not required for a nonpublic program if:
The local school system approves the placement of the child in the program; and
The local school system makes the payment or reimbursement from local funds.
The State Board shall adopt regulations that establish standards and guidelines for approvals required by paragraph (3) of this subsection.
A nonpublic placement recommended by a local school system for approval under subsection (d)(1) of this section shall be approved or disapproved pursuant to the regulations of the State Board. However, the Department may not disapprove a nonpublic placement recommended by a local school system for a child unless the Department provides an appropriate alternative placement in conformity with the regulations of the State Board and applicable federal laws and regulations. The Department may not terminate funding for the last approved nonpublic placement of a child during the pendency of an administrative or judicial review of a recommended placement change.
In addition to meeting the requirements of this subtitle, a local school system seeking nonpublic tuition payment shall obtain funding approval from the local coordinating council and the State Coordinating Council in accordance with departmental regulations.
The Department shall adopt regulations to carry out the provisions of this section.
All proceedings held and decisions made pursuant to this subtitle shall be in conformance with applicable federal law.
In this section the following words have the meanings indicated.
“Assessment” means the process of collecting data to be used by an IEP team to determine a student’s need for special education and related services.
“Braille” means the system of reading and writing through touch commonly known as Standard English Contracted Braille.
“Child who is blind or visually impaired” means a child who:
Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees;
Has a medically indicated expectation of visual deterioration; or
Has a medically diagnosed limitation in visual functioning that restricts the child’s ability to read and write standard print at levels expected of other children of comparable ability and grade level.
“Individualized education program” and “IEP team” have the same meaning as provided by the Individuals with Disabilities Education Act.
“National Instructional Materials Access Center” means the center established under § 674(e) of the federal Individuals with Disabilities Education Improvement Act of 2004.
“NIMAS” means the National Instructional Materials Accessibility Standard established by the federal Secretary for Education under 20 U.S.C. 1412 to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats.
“Orientation and mobility” means instruction provided to a child who is blind or visually impaired to enable the child to attain systematic orientation to and safe movement within the child’s school, home, and community environments.
“Print instructional materials” means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by the Department or county board for use by students in the classroom.
“Specialized formats” means braille, large print, audio, or digital text that is used by blind or visually impaired individuals.
In developing the individualized education program for a child who is blind or visually impaired, provisions shall be made for instruction in braille and the use of braille unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in braille or the use of braille, that such instruction or use is not appropriate for the child.
A child may not be denied the opportunity for instruction in braille reading and writing solely because the child has some remaining vision.
This section does not require the exclusive use of braille if other reading and writing media are appropriate to the child’s educational needs. The use of other reading and writing media does not preclude the use of braille or the instruction of braille.
For the purpose of achieving successful implementation of this subsection, the State Board and the Professional Standards and Teacher Education Board shall adopt certification standards for teachers of blind and visually impaired students.
The Department shall collaborate with and provide support to the Instructional Resources Center to develop procedures to coordinate the statewide availability of textbooks and supplementary instructional materials that may be accessed using specialized formats that use NIMAS.
The procedures developed under subparagraph (i) of this paragraph shall require the Department and a county board to include, in any procurement contract or other document or agreement used to purchase print instructional materials from a publisher, a provision that requires the publisher to:
On or before the delivery of the print instructional materials, prepare and provide the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using NIMAS; or
Purchase instructional materials from that publisher that are produced in, or may be rendered in, specialized formats.
A publisher may not be required to provide an electronic copy of any instructional material copyrighted before July 1, 2007.
The State Board shall coordinate with the National Instructional Materials Access Center to facilitate the timely transfer to the Instructional Resources Center of:
Electronic files or instructional materials sent by publishers for the Instructional Resources Center to convert the instructional materials into specialized formats; and
Electronic files or instructional materials purchased from a publisher in a specialized format.
Beginning on July 1, 2007, the Instructional Resources Center shall make reasonable efforts to provide the instructional materials in specialized formats to students who are blind or visually impaired for use on the first day of classes each year or in a timely manner.
On or before March 15, 2025, and each March 15 thereafter, each county board shall determine the instructional materials that will be used in the upcoming school year by students with individualized education programs under paragraph (1) of this subsection and plans under Section 504 of the federal Rehabilitation Act of 1973.
The county board shall coordinate with the Instructional Resources Center to provide the instructional materials in a specialized format to the students who are blind or visually impaired not later than the first day of classes of the upcoming school year.
If the county board is unable to fulfill the requirements under subsubparagraphs 1 and 2 of this subparagraph, the county board and the family of the student must develop and agree on a plan to remedy the delivery of the instructional materials not later than 45 days before the first day of classes of the upcoming school year.
Beginning in fiscal year 2008 and annually thereafter, the Governor shall include $150,000 in the annual budget submission for the Instructional Resources Center established by the Department.
The Department shall provide support to the Instructional Resources Center to ensure that textbooks and supplemental instructional materials in a specialized format are available to blind and visually impaired students statewide.
On or before September 1, 2012, the State Board shall establish standards for the mastery of braille for use in English, language arts, and mathematics instruction of blind and visually impaired students in pre–kindergarten through grade 12.
Beginning on January 1, 2025, a county board shall require in any contract with a publisher of pupil edition textbooks, that the publisher provide an electronic file of the textbook in the NIMAS standard to the National Instructional Materials Access Center at the same time that the publisher provides the textbooks.
The Department and county boards shall enter into a memorandum of understanding to accomplish the purposes of this paragraph.
Orientation and mobility instruction shall be included in the individualized education program of a child who is blind or visually impaired, unless the IEP team determines, in accordance with paragraph (2) of this subsection, that orientation and mobility instruction is not appropriate for the child.
A child may not be denied orientation and mobility instruction solely because the child has some remaining vision.
If the IEP team objects to the inclusion of orientation and mobility instruction in the child’s individualized education program because the IEP team has determined that orientation and mobility instruction is not appropriate for the child, the IEP team shall order an orientation and mobility assessment to be conducted in accordance with paragraph (3) of this subsection.
An orientation and mobility assessment shall be conducted by a qualified individual in accordance with regulations adopted by the Department.
Within 30 days after the date of receipt of an orientation and mobility assessment, the IEP team that ordered the assessment shall meet to consider the results of the assessment and determine whether orientation and mobility instruction is appropriate for the child.
If the IEP team determines that orientation and mobility instruction is not appropriate for the child, the IEP team may not include orientation and mobility instruction in the child’s individualized education program.
The determination of an IEP team regarding the provision of orientation and mobility instruction under this paragraph shall be binding for the entire school year in which the determination is made, unless there are significant changes in the circumstances of the child.
An orientation and mobility assessment, at a minimum, shall:
Contain input from the child’s parent or guardian;
Contain input from the child’s classroom teacher; and
Consider, at a minimum, the child’s:
Age;
Current and future needs;
Ability to function in familiar and unfamiliar areas; and
Ability to function under various lighting conditions.
Each local school system shall provide verbal and written notice to the parent or guardian of a child who is blind or visually impaired of the availability of orientation and mobility instruction at least one time each year.
Orientation and mobility instruction provided in accordance with this subsection shall be provided by a qualified individual.
On or before January 1, 2017, the Department shall adopt regulations that define how an individual is deemed qualified under subparagraph (i) of this paragraph.
The Department may not adopt a regulation under subsubparagraph 1 of this subparagraph that has the effect of prohibiting a blind or visually impaired individual from being qualified to provide orientation and mobility instruction or conduct an orientation and mobility assessment.
On or before March 1, 2017, the Department shall provide guidelines to each local school system on conducting orientation and mobility assessments in accordance with subsection (c)(3) of this section.
On or before October 1, 2026, and each October 1 thereafter, the Instructional Resources Center shall submit to the Department a report on the accessibility and delivery of textbooks and supplemental instructional materials during the previous school year, including:
The number of electronic files publishers provided to NIMAS;
The number of students requesting instructional materials;
The grade level of students requesting instructional materials;
The number of requests for instructional materials in a specialized format that could be fulfilled; and
The number of requests for instructional materials in a specialized format that could not be fulfilled and an explanation regarding why the request could not be fulfilled.
The Department shall post on its website the information received from the Instructional Resources Center in accordance with this subsection.
On or before December 31, 2026, and each December 31 thereafter, the Department shall report its findings on the equity of textbooks and supplemental materials for blind and visually impaired students to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The State Board shall adopt regulations:
Consistent with § 7–910 of this article; and
To implement the provisions of this section.
Each local school system shall provide or arrange for the transportation during the regular school year of each child with a disability who is in a placement approved in conformity with this subtitle and applicable regulations of the State Board and standards in:
A public school;
A school maintained by a State agency; and
A nonpublic school.
Except as provided in paragraph (2) of this subsection, the local school system of the county in which the child with a disability resides shall certify and pay the cost of his daily or other reasonable transportation to school under the rules and regulations adopted by the State Board if:
The school is outside this State or the county in which the child resides; and
State aid has provided for the education of the child under this subtitle.
If a local management board, as established under Title 8, Subtitle 3 of the Human Services Article, funds the placement of a child in a school that is outside the State or the county in which the child resides without consulting the local school system, the local management board shall certify and pay the cost of the student’s daily or other reasonable transportation to school.
The rules and regulations adopted by the State Board shall take into consideration any hardship cases that reasonably may require additional expenses to guarantee adequate transportation during the regular school year.
In addition to providing advice to the Motor Vehicle Administration under § 25-110 of the Transportation Article regarding the adoption by the Administration of rules and regulations relating to the safe operation of school vehicles, including vehicles and equipment appropriate for transporting a child with a disability, the Department shall adopt guidelines which set minimum standards to meet in each of the following categories:
The qualifications for hiring and training of drivers and aides, including private contract personnel, involved in handling and transporting a child with a disability to a nonpublic special education facility; and
The appropriate length of time and distance for transporting a child with a disability to a nonpublic special education facility.
By July 1 of each year any local school system that has 25 or more children with disabilities attending nonpublic education facilities shall submit to the State Department a detailed report, including any rules and regulations it has adopted since the submission of its last report, which outline the local school system’s compliance with the State Department adopted guidelines for the transportation of a child with a disability to nonpublic special education facilities.
The State Department shall annually:
Review each applicable local school system’s plan or procedures for transporting children with disabilities to nonpublic special education facilities for compliance with the State Department’s guidelines; and
Advise a local school system as to whether its plan or procedures are in compliance.
In both the adoption of guidelines under subsection (c)(2) of this section and the annual review under subsection (d) of this section of each applicable county’s plan or procedures for transporting children with disabilities to nonpublic special education facilities, the State Department shall:
Take into consideration the particular circumstances and needs of each applicable local school system, including the differences among urban and rural school systems; and
Recognize the need for flexibility on an individual child basis.
Each year the Governor shall place an item in the State budget for the education and training of children with disabilities who are under the age of 6.
The appropriation by the General Assembly shall be spent under the supervision and control of the Department.
The Department shall adopt standards and issue rules and regulations based on these standards for:
Identification, evaluation, early intervention, and education of children with disabilities;
Qualifications of service providers and teachers;
Curriculum and equipment; and
General supervision and operation of the program provided in this section.
In this section the following words have the meanings indicated.
“Child” means an individual who is eligible to receive education services in accordance with the Individuals with Disabilities Education Act and applicable State law and regulation.
“Educational decision making process” means all procedures relating to the identification, evaluation, or educational placement of a child and the provision of a free appropriate public education, including the appeal procedures provided for by § 8–413 of this subtitle.
“Local school superintendent” means the school system superintendent or the administrative head in charge of a public agency as defined in paragraph (7) of this subsection that provides educational services to children.
“Parent” means:
A child’s natural parents;
A child’s adoptive parents;
A guardian;
A person acting as a parent of a child such as a relative or a stepparent with whom a child lives;
A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that has placed the child in foster care; or
Any other individual who is legally responsible for a child’s welfare.
“Parent” does not include a social worker or other employee of a public agency who is responsible for the education or care of the child.
“Parent surrogate” means a person who is appointed by the local school superintendent to act in place of a parent of a child in the educational decision making process.
“Public agency” includes the State Department of Education, local education agencies, and other agencies that are responsible for providing education to a child with a disability, including the Maryland Department of Health, the Behavioral Health Administration, the Developmental Disabilities Administration, the Juvenile Services Education Program, the Maryland School for the Deaf, the Maryland Department of Labor, and the Department of Public Safety and Correctional Services.
For the purpose of this section, the Maryland School for the Blind shall be considered a public agency.
“Unaccompanied homeless youth” means a homeless youth, as defined by the McKinney–Vento Homeless Assistance Act, who is not in the physical custody of a parent or guardian.
“Unavailable” means that a public agency, after reasonable efforts, cannot discover the physical whereabouts of a child’s parent.
“Unknown” means that a public agency, after reasonable efforts, cannot identify the child’s parent.
“Ward of the State” means a child for whom a State or county agency or official has been appointed legal guardian, or who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child.
Public agency personnel shall request that the local school superintendent appoint a parent surrogate to represent a child at any point in the educational decision making process if it is suspected that the child may be disabled and if:
The child is a ward of the State;
The child is an unaccompanied homeless youth; or
The parents of the child are unknown or unavailable; and
The child’s rights have not been transferred in accordance with § 8–412.1 of this subtitle.
Any request to the local school superintendent for the appointment of a parent surrogate under subsection (b) of this section shall include:
The name, date of birth, sex, legal domicile, and present residence of the child;
A statement that the child is eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section;
Documentation, as applicable, of the efforts made over the course of 15 business days to identify the parent if unknown or to locate the parent if unavailable that include, at a minimum:
A search of telephone directories; and
Letters sent by certified mail; and
The name and qualifications of the proposed parent surrogate whom the public agency considers to be qualified to represent the child in the educational decision making process.
The local school superintendent shall ensure that the person proposed to serve as the child’s parent surrogate:
Has no interest that conflicts with the interests of the child to be entrusted to that person; and
Has knowledge and skills that ensure adequate representation of the child.
The local school superintendent shall appoint a parent surrogate not more than 30 days after a determination of need, if the local school superintendent finds:
The child is eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section; and
The proposed parent surrogate is qualified to represent the child in the educational decision making process in accordance with subsection (d) of this section.
If the local school superintendent finds that the child is not eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section, the local school superintendent shall notify the requesting individual of this finding and specify the reasons in writing.
If the local school superintendent finds that the proposed parent surrogate is not qualified to represent the child in the educational decision making process in accordance with subsection (d) of this section, the local school superintendent may:
Request public agency personnel to propose the appointment of another parent surrogate who is qualified; or
Select and appoint a parent surrogate who is qualified.
The local school superintendent shall notify the State Superintendent in writing of the parent surrogate appointment.
The notice shall occur within 30 days after the day on which the appointment is made.
The notification shall include the child’s name, the name of the parent surrogate, and any other information deemed applicable.
A child entrusted to a parent surrogate shall be represented by that parent surrogate in the educational decision making process.
A parent surrogate is not liable to the child entrusted to that parent surrogate or to the parent of that child for any damages that result from acts or omissions of that parent surrogate constituting ordinary negligence.
This immunity does not apply to liability covered by any applicable insurance, to the extent of that coverage, or to acts or omissions constituting gross, willful, or wanton negligence.
The local school superintendent may terminate the appointment of a previously assigned parent surrogate for good cause.
When the local school superintendent terminates the appointment of the parent surrogate, the local school superintendent shall state the reasons for the action and notify the State Superintendent, in writing, of the termination of a previously appointed parent surrogate.
The local school superintendent shall submit the name and qualifications of another individual who is assigned as the new parent surrogate if the child continues to require a parent surrogate in accordance with subsection (b) of this section.
The State Board shall adopt rules and regulations in accordance with the Administrative Procedure Act on the qualifications, selection, appointment, training, compensation, removal, and replacement necessary to implement this section.
When a child with a disability reaches the age of 18 years, all rights accorded to parents under the federal Individuals with Disabilities Education Act shall transfer to the child if the child has not been adjudged incompetent under State law and if there is documentation that:
The parents are unavailable or unknown as defined in § 8-412 of this subtitle, the child would be eligible for a parent surrogate, and the child requests that the parental rights be transferred to the child;
The parents have not participated in the special education decision making process for the child after repeated attempts by the local school system to involve the parents over the previous year as described in COMAR 13A.05.01.07C(7);
The parents have affirmatively rejected participation in the special education decision making process;
The parents cannot participate in the special education decision making process due to prolonged hospitalization, institutionalization, or serious illness or infirmity of one or both of the parents and the parents have consented to the transfer of rights to the child;
The parents cannot participate in the special education decision making process due to extraordinary circumstances beyond the control of the parents and the parents have consented to the transfer of rights to the child; or
The child is living outside of the parents’ home and is not in the care or custody of another public agency as defined in § 8-412 of this subtitle.
A child with disabilities who reaches the age of 18 years and is living at home with the child’s parents and whose parents do not consent to the transfer of rights to the child may file for due process in accordance with § 8-413 of this subtitle to determine whether the rights should be transferred to the child.
If a child with disabilities who has reached the age of 18 years has been represented by a parent surrogate as defined in § 8-412 of this subtitle, any notice required by the federal Individuals with Disabilities Education Act shall be provided to both the child and to the parent surrogate and all other rights accorded to the parent surrogate under that Act shall transfer to the child if the child has not been adjudged incompetent under State law and the child requests that the rights transfer to the child.
In this section the following words have the meanings indicated.
“Administrative law judge” means an individual serving in the role of an impartial hearing officer as required under the federal Individuals with Disabilities Education Act.
“Due process complaint” means a written request for a due process hearing filed by the parent of a child with a disability, as defined in § 8–412 of this subtitle, or a public agency, to resolve a dispute over the identification, evaluation, educational placement, or the provision of free appropriate public education, in accordance with federal law.
“Federal law” means the Individuals with Disabilities Education Act and regulations adopted under that Act.
“Parent” means:
A child’s natural or adoptive parents, a guardian, or a person acting as a parent of a child, such as a relative or a stepparent with whom the child lives;
A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that placed the child in foster care;
Another individual who is legally responsible for the child’s welfare; or
A parent surrogate appointed in accordance with § 8–412 of this subtitle.
“Public agency” means the State Department of Education, a local school system, the Juvenile Services Education Program, or any State agency responsible for providing education to students with disabilities, including the Maryland School for the Blind and the Maryland School for the Deaf.
“Resolution session” means a preliminary meeting the public agency shall convene with the child’s parent in accordance with federal law.
The parent of a child with a disability or a public agency may formally request mediation at any time to resolve any disagreement between the parties regarding the child’s special education services or program.
If a parent files a due process complaint against a public agency concerning the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education, any party shall be given the opportunity to request mediation of those aspects of the decision subject to dispute.
The request for mediation may not be used to deny or delay the parent’s rights under federal law or this section.
Any party to the mediation has the right to be accompanied and advised by counsel.
Mediation shall be conducted in accordance with departmental regulations.
A mediation agreement shall be in writing and is enforceable in a court of competent jurisdiction in accordance with federal law.
The Department shall make a staff member available to assist a parent in understanding the mediation process.
Before mediation begins, the Department shall notify a parent about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
Before conducting a due process hearing in accordance with subsection (d) of this section, the public agency shall provide the parent with:
An opportunity to resolve the due process complaint at a resolution session in accordance with federal law; and
Notification about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
A resolution session agreement shall be in writing and enforceable in a court of competent jurisdiction in accordance with federal law.
A written resolution agreement may be voided by the parties within 3 business days of execution in accordance with federal law.
A parent of a child with disabilities shall file a due process complaint with the Office of Administrative Hearings and the public agency.
A public agency shall file a due process complaint with the Office of Administrative Hearings and the parent.
Except as provided in paragraph (4) of this subsection, the complaining party shall file a due process complaint within 2 years of the date the party knew or should have known about the action that forms the basis of the due process complaint.
The statute of limitations described under paragraph (3) of this subsection does not apply to a parent who is prevented from requesting a due process hearing due to:
Specific misrepresentations made by the public agency that it had resolved the problem that formed the basis of the due process complaint; or
The public agency’s withholding of information that the public agency was required to provide to the parent.
In order to conduct a hearing, the Office of Administrative Hearings shall appoint an administrative law judge who:
Is an administrative law judge in the Office of Administrative Hearings; and
Meets the requirements of a due process hearing officer in accordance with federal law.
Unless the parent and the public agency otherwise agree, during the course of any administrative or judicial proceeding, the child must remain in the last approved placement in accordance with federal law.
If the hearing concerns the initial admission of a child into a public school, the child with the consent of the parent must be placed in the public school program until the proceedings have been completed.
The administrative law judge appointed under subsection (d) of this section shall conduct the hearing in accordance with federal law, Title 10 of the State Government Article, and the Office of Administrative Hearings Rules of Administrative Procedure, and may:
After review of the educational records of the child, dismiss any request for review which does not relate to a matter described in subsection (d)(1) of this section;
Require the parties to attend a prehearing conference prior to the due process hearing;
Hear any testimony that it considers relevant;
Require an independent evaluation or call an impartial expert witness in the diagnosis or education of students with disabilities whose testimony shall be on the record and whose costs shall be paid by the State Education Agency; and
Administer oaths to witnesses at the hearing on request of a party.
The provisions of the Family Educational Rights and Privacy Act and 34 C.F.R. Part 99 shall apply to school records sought by the impartial expert witness.
If the parties cannot agree on an impartial expert witness, each party shall be given the opportunity to submit a list of possible experts, and the administrative law judge shall decide which impartial expert witness to call.
Any party to the hearing has the right to:
Be accompanied and be advised by counsel and individuals with special knowledge or training with respect to the problems of children with disabilities;
Present evidence and confront, cross–examine, and compel the attendance of witnesses;
Prohibit the introduction of any evidence at the hearing which has not been disclosed to all parties at least 5 days before the hearing;
Obtain a written or electronic verbatim record of the hearing; and
Obtain written findings of fact and decisions.
Parents involved in the hearings must be given the right to:
Have the child who is the subject of the hearing present; and
Open the hearing to the public.
The decision of the administrative law judge shall be made on substantive grounds based on the determination of whether the child received a free appropriate public education.
In matters alleging a procedural violation, an administrative law judge may find that the child did not receive a free appropriate public education only if the procedural inadequacies:
Impeded the child’s right to a free appropriate public education;
Significantly impeded the parents’ opportunity to participate in the educational decision making process regarding the provision of a free appropriate public education to the parents’ child; or
Caused a deprivation of educational benefits.
The hearing shall be held and a written decision shall be issued within the time periods established by federal law. The administrative law judge may grant a specific extension of time at the request of either party.
If, at the time of the due process complaint, the child who is the subject of the hearing is not enrolled and attending an approved educational program or, if the due process complaint is over the placement or manifestation determination of a child, due to a violation of the rules of conduct, an expedited hearing shall occur within 20 school days of the date the hearing is requested and shall result in a decision within 10 school days of the hearing.
Within 120 calendar days of the issuance of the hearing decision, any party to the hearing may file an appeal from a final decision of the Office of Administrative Hearings to the federal District Court for Maryland or to the circuit court for the county in which the child resides.
A public agency is not required to pay for the cost of education, including special education and related services, for a child with a disability at a private or nonpublic school if the public agency made a free appropriate public education available to the child and the parent of the child elected to place the child in such a school or facility.
If the parent of a child with a disability, who previously received special education and related services under the authority of a public agency, enrolls the child in a nonpublic school or facility without the consent of or referral by the public agency, an administrative law judge or a court may require the public agency to reimburse the parent for the costs of the placement enrollment if the administrative law judge or court determines that the public agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment.
Reimbursement may be reduced or denied by the administrative law judge or court in accordance with federal law.
The court may award reasonable attorney’s fees and related costs, including expert witness fees and costs, to the parent of a child with a disability who is a prevailing party in accordance with this subsection.
Subject to paragraph (3) of this subsection, attorney’s fees may not be awarded and related costs may not be reimbursed for services performed after the date a written offer of settlement is made to a parent if:
The settlement offer is made more than 14 days before the start of the proceeding;
The settlement offer is not accepted within 14 days; and
The court finds that the relief finally obtained by the parent is not more favorable to the parent than the settlement offer.
An award of attorney’s fees and related costs, including expert witness fees and costs, may be made to a parent who is the prevailing party and who was substantially justified in rejecting a settlement offer.
A public agency annually shall collect the following information for each mediation proceeding and due process proceeding:
The nature of the dispute; and
The student’s:
Grade level;
Special education placement;
Disability category;
Race;
Ethnicity;
Gender;
English learner status; and
Free and reduced price meals status.
The Department shall compile the information collected under paragraph (1) of this subsection and, on or before November 1 each year, shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.
In this section the following words have the meanings indicated.
“Advocate” means an individual who, for compensation, provides support and guidance during individualized education program meetings, mediation proceedings, or due process proceedings to:
A student with a disability; or
The parent or guardian of a student with a disability.
“Advocate” does not include:
An attorney acting in a legal capacity to represent a student with a disability; or
A consultant.
“Consultant” means an individual with a degree or certification in a field that is directly related to special education or related services whose knowledge can be helpful in determining how to meet a student’s special education needs in accordance with federal and State law.
“Eligible student” means a student with a disability whose parent has:
A household income of not more than 150% of the income guidelines used by the Maryland Volunteer Lawyers Service; and
Made at least one attempt to resolve a disagreement with a public agency regarding the child’s special education services or program.
“Fund” means the Access to Attorneys, Advocates, and Consultants for Special Education Fund.
“Individualized education program” has the same meaning as stated in the federal Individuals with Disabilities Education Act.
“Parent” has the meaning stated in § 8–413 of this subtitle.
“Program” means the Access to Attorneys, Advocates, and Consultants for Special Education Program.
“Public agency” has the meaning stated in § 8–413 of this subtitle.
There is an Access to Attorneys, Advocates, and Consultants for Special Education Program.
The purpose of the Program is to direct resources and services to eligible students to provide access to legal, advocacy, and consultant services as required under this section.
The Program shall be administered by the Maryland Volunteer Lawyers Service.
The Maryland Volunteer Lawyers Service shall:
Advertise the Program;
Seek qualified attorneys, advocates, and consultants interested in being included on a referral list to be provided to eligible students;
Compile and maintain a referral list of qualified attorneys, advocates, and consultants;
Develop criteria to determine the required qualifications of attorneys, advocates, and consultants to participate in the Program;
Develop, in consultation with the Department, local school system special education directors, disability rights advocates, and representatives from the judiciary, training for advocates and consultants on federal and State special education law and procedures;
Develop and distribute to appropriate public agencies the written informational materials required to be provided to parents under § 8–405 of this subtitle;
Ensure that public agencies provide notification of the Program in accordance with subsection (c) of this section;
Provide the referral list to eligible students who contact the Maryland Volunteer Lawyers Service;
Compile data in accordance with subsection (f) of this section; and
Study and evaluate:
The services provided by the Program; and
Resources needed to increase the access of eligible students to attorneys, advocates, and consultants in special education matters.
The Maryland Volunteer Lawyers Service may provide or authorize other nonprofit organizations to provide to advocates and consultants the training developed under paragraph (3)(ii)5 of this subsection.
An advocate or a consultant shall complete the training provided under subparagraph (i) of this paragraph to qualify to participate in and receive payment under the Program.
The Program may serve only eligible students who meet at least one of the following:
A more restrictive or less restrictive placement is being proposed for the eligible student and the parent disagrees with the proposal;
A reduction in instructional or related services is being proposed for the eligible student and the parent disagrees with the proposal;
The eligible student has been suspended or otherwise removed from school for more than 10 days;
The school has requested a due process hearing against the eligible student or parent;
The eligible student has been restrained or placed in seclusion more than 10 times;
The school has proposed to enroll an eligible student in an alternative education program and the parent disagrees with the proposal; or
The parent’s native language is not English and the parent seeks assistance with navigating the special education needs of the eligible student.
All public agencies shall include information about the Program in the parent’s rights documents distributed to families in the individualized education program meetings and before mediation or due process hearings under § 8–413 of this subtitle.
There is an Access to Attorneys, Advocates, and Consultants for Special Education Fund.
The purpose of the Fund is to provide funding for families of eligible students with limited financial resources to access legal assistance, advocacy, and consultation services in special education matters.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings;
Reimbursements from attorneys, advocates, and consultants due to recoupment of fees; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
Services provided to eligible students by attorneys, advocates, and consultants;
Development and distribution of written informational material for parents;
Outreach and education activities; and
Administrative expenses of the Department and the Maryland Volunteer Lawyers Service.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Beginning in fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.
Excluding expenditures for administering the Program, it is the intent of the General Assembly that:
Approximately 25% of the annual appropriation be used for providing representation of eligible students in due process hearings and court proceedings; and
Approximately 75% of the annual appropriation be used for providing consultation, representation, or advocacy of eligible students.
Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program or for any other civil legal services funded in the State’s annual operating budget.
An eligible student who is interested in securing the services of an attorney, an advocate, or a consultant under the Program shall register with and provide any information required by the Maryland Volunteer Lawyers Service.
An attorney, an advocate, or a consultant who is included on the referral list maintained by the Maryland Volunteer Lawyers Service may receive the individual’s customary rate, up to $200 per hour, to provide services to the eligible student under the Program.
On quarterly submission of proof of services, the Maryland Volunteer Lawyers Service shall directly pay the attorney, advocate, or consultant on behalf of the eligible student up to the limit described in paragraph (3)(ii) of this subsection.
Funds received by an attorney, an advocate, or a consultant under the Program do not need to be repaid to the Program unless the eligible student is the prevailing party in a proceeding and fees have been awarded to the eligible student.
Program funds shall be allocated on a first–come, first–served basis.
An eligible student is limited to a lifetime maximum of $20,000 of services provided under the Program.
The Maryland Volunteer Lawyers Service shall collect the following data on an annual basis:
Total amount of funds disbursed from the Fund;
Amount of funds disbursed disaggregated by the number of:
Eligible students served;
Attorneys who provided services;
Advocates who provided services; and
Consultants who provided services;
The amount of funds disbursed disaggregated by the type of service, including:
Dispute resolution proceedings, including mediation, due process hearings, and court proceedings; and
Assistance and support services, including consultancy, advocacy, and legal consultancy services; and
The amount of money returned to the Fund due to recoupment of fees.
On or before October 1, 2025, and each October 1 thereafter, the Maryland Volunteer Lawyers Service shall compile the information collected under paragraph (1) of this subsection and submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.
The Maryland Volunteer Lawyers Service may adopt policies and procedures to carry out this section.
Reserved.
Reserved.
Reserved.
In this subsection, “basic cost” as to each county, means the average amount spent by the county from county, State, and federal sources for the public education of a nonhandicapped child. “Basic cost” does not include amounts specifically allocated and spent for identifiable compensatory programs for disadvantaged children.
As provided in paragraphs (3) and (4) of this subsection, the State and the counties shall share collectively in the cost of educating children with disabilities in nonpublic programs under § 8–406 of this subtitle.
Subject to the limitation under subparagraph (ii) of this paragraph, for each of these children domiciled in the county, the county shall contribute for each placement the sum of:
The local share of the basic cost;
An additional amount equal to 200 percent of the basic cost; and
For fiscal year 2009, an additional amount equal to 20 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph;
For fiscal years 2010 through 2025, an additional amount equal to 30 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph;
For fiscal year 2026, an additional amount equal to 40 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph; and
For fiscal year 2027 and each fiscal year thereafter, an additional amount equal to 50 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph.
The amount that a county is required to contribute under subparagraph (i) of this paragraph may not exceed the total cost or reimbursement amount approved by the Department.
For each of these children, the State shall contribute an amount equal to the amount of the approved cost or reimbursement in excess of the amount the county is required to contribute under paragraph (3) of this subsection.
In this subsection the following words have the meanings indicated.
“Local school salaries” means the salaries received by public school teachers of similar training and experience to teachers at a nonpublic school in the same county in which the school is located.
“Nonpublic school” means a nonpublic school in which a child with a disability is placed under § 8–406 of this subtitle.
A nonpublic school shall provide its teachers a salary that is equivalent to the local school salaries, phased in over 3 years beginning in fiscal year 2024 with parity achieved in the third year and parity maintained thereafter.
In accordance with the phase–in and continuing each year thereafter under paragraph (2) of this subsection, if the amount of funding provided under subsection (d) of this section is insufficient to provide local school salaries to teachers at nonpublic schools approved under COMAR 13A.09.10, additional funding shall be provided in an amount equal to the difference between the amount of funding needed to provide local school salaries to teachers at a nonpublic school and the funding provided under subsection (d) of this section.
The additional funding under paragraph (3) of this subsection shall be paid for by the State and the county in the same proportion as the costs paid under subsection (d) of this section.
The amount provided by the county under subparagraph (i) of this paragraph is in addition to the amount required under § 5–235 of this article.
The calculations under §§ 5–214, 5–235, and 5–239 of this article shall be made as though the county did not provide the amount required under subparagraph (i) of this paragraph.
Funding for other components of the special education placement may not be reduced to provide teacher salaries in accordance with this subsection.
The Department shall adopt regulations to carry out the provisions of this section.
There is a Maryland Infants and Toddlers Program in the Department.
The purpose of the Program is to provide a statewide, community–based interagency system of comprehensive early intervention services to eligible infants and toddlers, from birth until the beginning of the school year following a child’s 4th birthday, and their families.
The Department shall be the lead agency for supervising and monitoring the Program.
The Program shall include the early intervention services provided or supervised by the Department, the Maryland Department of Health, including the Early Hearing Detection and Intervention Program established under Title 13, Subtitle 6 of the Health – General Article, and the Department of Human Services.
The Program shall be administered in accord with the applicable requirements of Part C of the Individuals with Disabilities Education Act and other applicable federal and State laws.
An interagency coordinating council shall be appointed by the Governor, with the advice and consent of the Senate, and shall:
Advise and assist the Department in the supervision and monitoring of the Program; and
Submit an annual report to the Governor and the federal government.
Local lead agencies shall be established or designated in each county and Baltimore City to administer the Program in their subdivision, under the direction of the Department.
In each county, the county executive or county commissioners, as appropriate, or in Baltimore City, the Mayor, shall establish a local interagency coordinating council to advise and assist the local lead agency in the development and implementation of policies that constitute the local Program.
In each county, the county executive or county commissioners, as appropriate, or in Baltimore City, the Mayor, may designate the local management board to serve as the local interagency coordinating council or establish the local interagency coordinating council as a part of that board.
Where a local management board and a local interagency coordinating council coexist, they shall work cooperatively.
Beginning in fiscal year 2021, the Governor shall provide the following amounts for the Program:
For fiscal year 2021, $12,389,104;
For fiscal year 2022, $13,531,267;
For fiscal year 2023, $14,673,430;
For fiscal year 2024, $15,815,593;
For fiscal year 2025, $16,957,756;
For fiscal year 2026, $18,099,919;
For fiscal year 2027, $19,242,082;
For fiscal year 2028, $20,384,245;
For fiscal year 2029, $21,526,408;
For fiscal year 2030, $22,668,571; and
For fiscal year 2031 and each fiscal year thereafter, the prior fiscal year amount increased by the inflation adjustment as defined in § 5–201 of this article.
The Department shall adopt regulations necessary to carry out the provisions of this section.
In this section the following words have the meanings indicated.
“Nonpublic general education school” means a nonpublic school approved under COMAR 13A.09.10 pursuant to § 2–206 of this article and operated in conjunction with residential or nonresidential child care programs licensed or approved by the Department, the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
“Nonresidential child care program” means a program that:
Provides services for children in a nonresidential setting, designed to achieve objectives related to the needs of children at risk of out–of–home placement; and
Is licensed or approved by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
“Residential child care program” means a program that:
Provides care for children 24 hours a day within a structured set of services and activities designed to achieve objectives related to the needs of the children served; and
Is licensed by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
The Department, in collaboration with the fiscal agent of the Children’s Cabinet Interagency Fund under Title 8, Subtitle 5 of the Human Services Article, shall administer and implement a redesigned rate setting process for nonpublic general education schools, residential child care programs, and nonresidential child care programs.
The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the Governor’s Office for Children shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.
A decision as to the amount or implementation of rates established under this section may be appealed by sending a written request for appeal to the Children’s Cabinet.
The request shall set forth the specific objections to the decision as to the amount or implementation of rates established under this section.
The Children’s Cabinet or designees shall issue a final, binding opinion upholding, reversing, or modifying the rates set by the Interagency Rates Committee within 30 days after receipt of the request for appeal.
A local school system shall provide to the parents or guardians of a child with a disability verbal and written information about access to habilitative services, including a copy of the Maryland Insurance Administration’s Parents’ Guide to Habilitative Services, at the following times:
The transition meeting for a child moving from the Maryland Infants and Toddlers Program to a local school system;
A child’s initial individualized education program meeting;
At least one time each year at a child’s individualized education program meeting; and
On the approval or denial of a parent’s or guardian’s request for a related service to enable a child with a disability to benefit from special education.
In this section, “parentally placed private school student” means a child with a disability enrolled by the parent or guardian of the child in a private elementary or secondary school or facility, including a religious school or facility, in accordance with 20 U.S.C. § 1412(a)(10)(A).
“Parentally placed private school student” does not include a child with a disability who was placed in or referred to a private school or facility by a public agency as a means of providing special education and related services under § 8–406 of this subtitle.
Each county board shall develop and publish on its website a list of all special education service delivery models:
In the local school system; and
Provided to parentally placed private school students within the jurisdiction of the local school system.
The county board shall clearly state that all decisions regarding the placement of a child with a disability in a special education service delivery model under paragraph (1)(i) of this subsection will be made by an individualized education program team in consultation with the parents or guardians of the child and consistent with the least restrictive environment requirements of the federal Individuals with Disabilities Education Act.
On request, the county board shall provide a written copy of the information provided under subsection (b) of this section.
In this section the following words have the meanings indicated.
“Developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning” means:
A significant developmental delay or atypical development, as identified by a health professional, in:
Cognitive development;
Physical development;
Language and speech development;
Psychosocial development; or
Self–help skills;
Psychological trauma, as identified through an evaluation by a mental health professional; or
A diagnosed physical, developmental, or mental health condition that impacts daily living and limits participation in typical early childhood education or child care settings.
“Program” means the Therapeutic Child Care Grant Program.
There is a Therapeutic Child Care Grant Program in the State.
The purpose of the Program is to provide grants to providers that specialize in providing child care and early childhood education to children under the age of 6 years who have developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning.
The Department shall administer the Program.
On or before August 15 each year, the Department shall award grants under this section.
For each of fiscal years 2023 through 2025, and for each of fiscal years 2027 through 2029, the Governor shall include in the annual budget bill an appropriation of $3,700,000 to the Program.
In awarding grants under the Program, the Department shall distribute:
$1,283,000 to existing providers in the same amount as was provided in fiscal year 2022;
$1,917,000 to existing providers in the same proportion as was provided in fiscal year 2022 to provide additional services; and
Except as provided in paragraph (3) of this subsection, $500,000 to new providers or existing providers to enroll additional children.
If funds are remaining after the distribution required under paragraph (2)(iii) of this subsection, then the remainder shall be distributed as provided under paragraph (2)(ii) of this subsection.
On or before December 1, 2022, and December 1, 2023, the providers who received a grant under this section shall report to the Department the cost of providing services to a child with developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning and the sources of funding received by the provider.
On or before December 30, 2022, and December 30, 2023, the Department shall compile the information provided under paragraph (1) of this subsection and shall report the compiled information to the Senate Budget and Taxation Committee and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article.
The Department may adopt regulations necessary to carry out this section.
In this subtitle the following words have the meanings indicated.
“Child in State–supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.
“Noncollegiate educational institution” has the meaning stated in § 2–206 of this article.
“Notice” means that written, verbal, or other communication regarding the identification of a child in State–supervised care has been effectuated.
“Placement agency” means:
A local department of social services;
The Maryland Department of Health;
The Department of Juvenile Services; or
A private agency that:
Engages in the placement of children in homes or with individuals; and
Is licensed by the Social Services Administration under § 5–507 of the Family Law Article.
“Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care is newly enrolled or seeks to enroll.
“Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care was enrolled prior to enrolling, or seeking to enroll, in a receiving school.
It is the intent of the General Assembly that the State promote the education and well-being of children in State-supervised care by facilitating:
The prompt enrollment of children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and
The prompt transfer of the educational records of children in State-supervised care.
Prior to or concurrent with the placement or modification of the placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency’s designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
After receiving notice under subsection (a) or (b) of this section, a receiving school shall fulfill the requirements of § 8-504(a) of this subtitle.
Within 2 school days after receiving notice under § 8-503 of this subtitle, a receiving school shall:
Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;
Request, in writing, the educational records of the child in State-supervised care from the sending school;
Provide a copy of the request made under item (2) of this subsection to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and
Inform the child in State-supervised care, or the responsible adult acting on behalf of the child in State-supervised care, of the rights conferred by this subtitle.
After receiving notice under subsection (a) of this section, a sending school shall:
Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;
Immediately inform the receiving school orally of the status of the child in State-supervised care under the federal Rehabilitation Act of 1973 codified at 29 U.S.C. § 794 (§ 504) or under the federal Individuals with Disabilities Education Act codified at 20 U.S.C. § 1400; and
Within 3 school days following receipt of notice from the receiving school, send by mail or transmit electronically to the receiving school a copy of:
A completed student withdrawal or transfer record of the child in State-supervised care;
The academic records of the child in State-supervised care;
The immunization records of the child in State-supervised care; and
If applicable, the most recent individualized education plan or § 504 plan and the most recent assessment of the child in State-supervised care.
Notwithstanding subsection (b)(3) of this section, a placement agency or school employee may hand carry the documents listed in subsection (b)(3) of this section from a sending school to a receiving school.
Each county board shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights conferred by this subtitle.
During the dispute resolution process the child in State-supervised care shall remain enrolled in the receiving school.
A child in State-supervised care who is the subject of a dispute shall be provided appropriate educational services including the implementation of an existing individualized education program.
The Department shall adopt regulations to implement this section on or before January 1, 2006.
The Department shall ensure that each county board takes reasonable measures to implement this section.
A county board shall inform:
Principals, teachers, and other school personnel in the county of the requirements imposed by this subtitle;
Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights conferred by this subtitle; and
Other interested parties of the requirements imposed and the rights conferred by this subtitle.
The Department shall adopt regulations to implement this section on or before January 1, 2006.
In this section, “basic cost” means the average amount spent by a county board from county and State funds for the public education of a nondisabled child.
A county board shall reimburse the Department of Juvenile Services or the Department of Human Services the amount of the basic cost calculated under subsection (a) of this section for each child who was domiciled in the county prior to the placement if:
The Department of Juvenile Services or the Department of Human Services places a child who is in State–supervised care in a nonpublic residential placement that also provides the education program for the child;
The child does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of this title; and
The child was included in the full–time equivalent enrollment of the county as calculated under § 5–202 of this article.
In this subtitle the following words have the meanings indicated.
“Eligible individual” means an individual who:
Is a resident of the State;
Is identified by an otolaryngologist or a licensed audiologist as having a hearing loss; and
Is under the age of 21 years; and
Has not graduated from high school.
“Licensed audiologist” means an individual who is licensed to practice audiology under Title 2 of the Health Occupations Article.
“Loan Bank” means the Hearing Aid and Language and Communication Video Loan Bank.
“Otolaryngologist” means an individual who:
Is licensed to practice medicine under Title 14 of the Health Occupations Article; and
Specializes in otolaryngology.
“Program” means the Hearing Aid and Language and Communication Video Loan Bank Program.
There is a Hearing Aid and Language and Communication Video Loan Bank Program in the Department.
The Program is established for the purpose of lending or providing:
Hearing aids on a temporary basis to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid to ensure that eligible individuals will have maximum auditory input throughout childhood, adolescence, and into young adulthood; and
Language and communication videos on a temporary basis and resources that may be downloaded from a website to a parent or legal guardian of an eligible individual to ensure that parents or legal guardians of eligible individuals have:
Access to resources that provide them with unbiased information about language and communication options to use with their deaf or hard of hearing child; and
Resources to teach them the language or other means of communication that they choose to use with their deaf or hard of hearing child.
The Program shall employ an otolaryngologist or a licensed audiologist.
There is a permanent Hearing Aid and Language and Communication Video Loan Bank in the Department.
The Program shall provide and maintain:
A pool of hearing aids in the Loan Bank to lend to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid;
Testing and programming equipment for hearing aids in the Loan Bank;
Supplies for repair and reconditioning of hearing aids in the Loan Bank; and
Language and communication videos to be loaned to a parent or legal guardian of an eligible individual and resources that may be downloaded from a website that provide:
Unbiased information about language and communication options to use with a deaf or hard of hearing child; and
Instruction on learning the language or communication options in item (i) of this item.
The Governor shall include in the State budget an appropriation to the Program of:
$5,000 in fiscal year 2021; and
$300 in fiscal year 2022 and each fiscal year thereafter.
The appropriation in paragraph (1) of this subsection shall be used to satisfy the requirement in subsection (b)(4) of this section.
The Program shall lend a suitable hearing aid to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid on receipt of:
A prescription from an otolaryngologist or a licensed audiologist; and
Any documents required by the Program to prove that the individual is an eligible individual who has no immediate access to a hearing aid.
Except as provided in paragraph (2) of this subsection, the loan period shall be for not more than 1 year.
The Program may extend the original loan period for the loan of a hearing aid for an additional 1–year period if, prior to each extension, the Program determines that:
The individual does not have immediate access to another hearing aid under Medicaid, the Maryland Children’s Health Program, or private health insurance;
The individual’s parent or legal guardian currently does not have the financial means to obtain immediate access to another hearing aid; and
The individual’s parent or legal guardian is making reasonable efforts to obtain access to another hearing aid.
A parent or legal guardian who borrows a hearing aid from the Loan Bank for an eligible individual shall:
Be the custodian of the hearing aid;
Return the hearing aid immediately to the Loan Bank on the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first;
Be responsible for the proper care and use of the hearing aid;
Be responsible for any damage to or loss of the hearing aid; and
Sign a written agreement provided by the State Superintendent that states the term and conditions of the loan.
If the parent or legal guardian of an eligible individual receives a hearing aid on loan from the Loan Bank, the Program shall ensure that the eligible individual’s otolaryngologist or licensed audiologist instructs the parent or legal guardian about the proper care and use of a hearing aid provided under the Program.
The State Board shall adopt regulations to implement the provisions of this subtitle, including regulations that:
For the purpose of implementing § 8–604(a) of this subtitle, identify the types of documents that the Program may require a parent or legal guardian to submit to prove that an individual is an eligible individual who has no immediate access to a hearing aid; and
For the purpose of implementing § 8–604(b)(2) of this subtitle, establish factors that the Program shall consider when evaluating whether a parent or legal guardian:
Has the financial means to obtain immediate access to another hearing aid; or
Is making reasonable efforts to obtain immediate access to another hearing aid.
Beginning in 2011, no later than December 31 each year, the State Superintendent shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the implementation of this subtitle.
The annual report shall include the following information:
The number and ages of individuals who received hearing aids through the Program that year;
The number of individuals who received hearing aids through the Program that year and subsequently received hearing aids through Medicaid, the Maryland Children’s Health Program, or private insurance;
The length of each original loan of a hearing aid;
The number of times that each original loan of a hearing aid was extended and the length of each extension;
The number of times that hearing aids were not properly returned to the Loan Bank; and
Any other information that the State Superintendent believes is relevant to evaluating the costs and benefits of the Program.
In this subtitle the following words have the meanings indicated.
“At-risk youth” means an individual who meets at least two of the eligibility criteria determined by the Department and an operator that may include:
Being eligible for free or reduced price meals;
A record of suspensions, office referrals, or chronic truancy;
A failure to achieve a proficient or advanced level on State assessments in reading or mathematics, or both;
Having a disability;
A referral from a teacher, counselor, social worker, or community-based service organization;
The head of household is a single parent;
The head of household is not a custodial parent;
The adjusted gross family income is below the federally established poverty guidelines;
The family receives temporary cash assistance under the State Family Investment Program; or
A member of the family has been incarcerated.
“Board” means the Board of Trustees of Residential Boarding Education Programs.
“Operator” means a private nonprofit or public entity that develops and operates a program.
“Program” means a residential boarding education program that includes:
A remedial curriculum for middle school grades;
A college-preparatory curriculum for high school grades;
Extracurricular activities such as athletics and cultural events;
College admissions counseling;
Health and mental health services;
Tutoring;
Community service opportunities; and
A residential student life program.
A residential boarding education program for at-risk youth shall be operated under the supervision of the Department.
A student shall be eligible to participate in a program if the student is:
A disadvantaged child as defined in § 8–101 of this title;
An at–risk youth;
A resident of the State; and
Except as provided in subsection (b) of this section, enrolled in grade 5 or grade 6.
Notwithstanding subsection (a)(4) of this section, a student enrolled in grade 7 or higher shall be eligible to participate in a program if:
The student is otherwise eligible under subsection (a) of this section; and
An operator files an appropriate plan under § 8–704.1 of this subtitle.
The Department may contract with an operator to provide at-risk youth in the State with the opportunity to participate in a program.
The operator shall meet the qualifications established by the Department including:
Previous experience with a comparable program;
Measured success with a comparable program; and
The capacity to finance and secure private funds for the development of a campus for the program.
The operator shall adopt written standards for the admission and dismissal of students.
The standards and any amendments shall be submitted to the State Board for approval.
The State Board may require modifications to the standards as it considers necessary.
The operator shall submit its charter and bylaws to the State Board for approval.
The operator shall conduct an outreach program for each local education agency in the State to:
Provide information to the local education agency about the program; and
Encourage student recruitment and participation from each county in the State.
The Department may contract with an operator who meets the requirements of § 8–704 of this subtitle to provide at–risk youth in the State enrolled in grade 7 or higher with the opportunity to participate in a program.
The program under this section may be a part of the program under § 8–704 of this subtitle.
The operator shall submit a plan to the Department to enroll students in grade 7 or higher that includes:
All grade levels from which students shall be enrolled;
The time frame during which enrollment shall occur;
The circumstances under which an operator shall enroll students;
The process by which students shall be selected;
If applicable, a description of how students shall be integrated into an existing educational curriculum and residential student life; and
Any other information requested by the Department.
The Department shall review and approve the plan if it is consistent with the educational purposes of this subtitle.
The Board shall govern a program.
The Board consists of 25 members.
Of the 25 members:
5 shall be appointed by the Governor, with the advice of the State Superintendent and the advice and consent of the Senate; and
20 shall be selected in accordance with the charter and bylaws of the program.
The term of a member is 3 years.
The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2006.
At the end of a term, a member continues to serve until a successor is appointed or selected and qualifies.
A member may not serve for more than 3 consecutive full terms.
A vacancy shall be filled in the same manner in which the vacating member was appointed or selected.
The Board shall determine its officers.
A program shall be subject to:
The same accountability mandates of the federal No Child Left Behind Act as other public schools in the State; and
The requirements of 20 U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
Teachers and any other professional personnel at the program shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in the county in which the school is located.
The Board shall submit to the Department on or before July 1 of each year:
The name of each student who participated in the program during the preceding year;
The name of each student projected to participate in the program during the upcoming year;
The county in which each student who participated in the program during the preceding year was domiciled;
The county in which each student projected to participate in the program during the upcoming year is domiciled;
The total number of students that participated in the program during the preceding year;
The total number of students projected to participate in the program during the upcoming year;
The actual operation budget for the preceding year; and
The projected operating budget for the upcoming year.
The Department shall report:
On or before April 1 and October 1 of each year, to each county board regarding:
The number of students who are participating in the program from the county; and
The name of each student from the county who is being charged to the county; and
On or before December 1 of each year, to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly regarding:
The information provided under subsection (a) of this section; and
Whether the funds appropriated under § 8-710 of this subtitle should be increased or decreased.
In this section the following words have the meanings indicated.
“Cost per pupil” means the amount of money spent by a county board for the operating expenses of public education in the county from county and State sources divided by the full-time equivalent enrollment of the county as defined in § 5-202(a) of this article.
“State sources” means funds provided to a county board in accordance with §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.
Students participating in a program shall be included in the enrollment of the county in which the student is domiciled for the purposes of calculating State aid under §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.
To support the cost of instructional programming for a program, each county board shall pay to the Department an amount equal to 85% of the cost per pupil for each student who participates in a program but is domiciled in the county.
Each county governing body shall include a student participating in a program in the full-time equivalent enrollment used for calculating the required local funds appropriated under § 5-202(d) of this article.
The Department shall disburse the funds received in accordance with this section to the program.
In this section the following words have the meanings indicated.
“Change in the per pupil amount” means:
For fiscal year 2026, 4.97%;
For fiscal year 2027, 5.48%;
For fiscal year 2028, 4.17%;
For fiscal year 2029, 4.20%;
For fiscal year 2030, 4.17%;
For fiscal year 2031, 3.98%;
For fiscal year 2032, 3.99%;
For fiscal year 2033, 3.93%; and
For subsequent fiscal years, the change in the per pupil foundation amount from the prior fiscal year to the current fiscal year divided by the per pupil foundation amount from the prior fiscal year.
“Per pupil allocation” means the per pupil figure calculated each fiscal year under subsection (c) of this section to cover the transportation, boarding, and administrative costs of a program.
“Per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.
In addition to the funds disbursed in accordance with § 8–709 of this subtitle, the Governor shall include in the annual budget bill an appropriation of funds to the Department in accordance with this section to cover the transportation, boarding, and administrative costs of a program.
Subject to paragraph (4) of this subsection, for fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to the Department in order for a program to serve up to 80 students.
For each additional 10 students enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional $250,000.
For fiscal year 2014 and each fiscal year thereafter, for each student enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional amount that is at least equal to the prior year per pupil amount multiplied by the change in the per pupil amount plus one.
The total amount of funds included in the annual budget bill under this subsection may not exceed an amount adequate to fund the per pupil allocation for 400 students for any fiscal year.
This section may not be construed to prohibit a program from receiving funds from private, federal, or other sources.
There is a Maryland Public Charter School Program.
The general purpose of the Program is to establish an alternative means within the existing public school system in order to provide innovative learning opportunities and creative educational approaches to improve the education of students.
In this title, “public charter school” means a public school that:
Is nonsectarian in all its programs, policies, and operations;
Is a school to which parents choose to send their children;
Except as provided in §§ 9–102.1, 9–102.2, and 9–102.3 of this title, is open to all students on a space–available basis and admits students on a lottery basis if more students apply than can be accommodated;
Is a new public school or a conversion of an existing public school;
Provides a program of elementary or secondary education or both;
Operates in pursuit of a specific set of educational objectives;
Is tuition–free;
Is subject to federal and State laws prohibiting discrimination;
Is in compliance with all applicable health and safety laws;
Is in compliance with § 9–107 of this title;
Operates under the supervision of the public chartering authority from which its charter is granted and in accordance with its charter and, except as provided in §§ 9–104.1 and 9–106 of this title, the provisions of law and regulation governing other public schools;
Requires students to be physically present on school premises for a period of time substantially similar to that which other public school students spend on school premises; and
Is created in accordance with this title and the appropriate county board policy.
The State Board may grant a waiver from § 9–102(3) of this title to a public charter school if the public charter school:
Is located on property within a federal military base in the State; and
Will admit students with parents who are not assigned to the base to at least 35% of its total available space as part of the initial cohort of students in a grade.
If a public charter school is granted a waiver under subsection (a) of this section, subject to the requirement set forth in subsection (a)(2) of this section, the public charter school shall:
Admit all students on a lottery basis in accordance with § 9–102.2 of this title; and
Take reasonable steps to maintain the 35% to 65% ratio intended as part of the initial cohort of students in a grade.
A public charter school may give greater weight to a student’s lottery status as part of a lottery held under § 9–102(3) of this title and in accordance with an application submitted under § 9–104 of this title if the student is:
Eligible for free or reduced price meals;
A student with disabilities;
A student with limited English proficiency;
Homeless, as defined under the federal McKinney–Vento Homeless Assistance Act; or
A sibling of a student currently enrolled in the public charter school for which the sibling is applying.
Notwithstanding § 9–102(3) of this title, a public charter school may give priority to the sibling of a student admitted through the lottery process or a currently enrolled student for any spaces in the school that become available throughout the school year.
Subject to the approval of the public chartering authority and § 9–104 of this title, a public charter school may propose a geographic attendance area with a median income that is equal to or less than the median income of the county for the public charter school.
Subject to paragraph (4) of this subsection, a public charter school may provide guaranteed placement through a lottery to students who live within the geographic attendance area for up to 35%, as proposed by the public charter school and approved by the public chartering authority, of the available space of the public charter school.
Subject to paragraphs (2) and (4) of this subsection, the public charter school shall:
Admit students on a lottery basis to its remaining available space; and
Take reasonable steps to maintain the ratio intended under paragraph (2) of this subsection as part of the initial cohort of students accepted through the lottery process.
If a public charter school does not fill 100% of its available space under paragraphs (2) and (3) of this subsection, the public charter school may admit more than the percentage of students established under paragraph (2) of this subsection from the geographic attendance area established under this section.
Subject to the approval of the public chartering authority, paragraph (2) of this subsection, and § 9–104 of this title, a public charter school may provide guaranteed placement through a lottery to up to 35%, as proposed by the public charter school and approved by the public chartering authority, of the available space of the public charter school to students who attended a public charter school during the previous school year that is operated by the same operator.
A public charter school shall qualify under paragraph (1) of this subsection if:
The operator operates two or more public charter schools in the county; and
When combined, the public charter schools operated by the operator form an integrated multiyear academic program.
Subject to paragraph (1) of this subsection, the public charter school shall:
Admit students on a lottery basis to its remaining available space; and
Take reasonable steps to maintain the ratio intended under paragraph (1) of this subsection as part of the initial cohort of students accepted through the lottery process.
If a public charter school does not fill 100% of its available space under paragraphs (1) and (3) of this subsection, the public charter school may admit more than the percentage of students established under paragraph (1) of this subsection.
In accordance with § 9–104 of this title, a county board may grant a waiver from § 9–102(3) of this title to:
A converted public charter school that:
Subject to subsection (b) of this section, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the county board;
Is a low–performing school as identified by the county board;
Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and
Meets a strategic need of the local school system, as identified in the county board’s public charter school policy developed under § 9–110 of this title, that shall include at least one of the following elements:
Serving a high–need population;
Increasing student performance;
Increasing enrollment; or
Increasing student diversity; or
A converted public charter school that is seeking renewal of an existing charter contract that was granted under item (1) of this subsection.
If a public charter school does not fill 100% of its available space under subsection (a)(1) of this section, the public charter school shall admit students on a lottery basis to its remaining available space.
The public chartering authority for the granting of a charter shall be a county board of education.
An application to establish a public charter school shall be submitted to the county board of the county in which the public charter school will be located.
An application to establish a public charter school may be submitted to a county board by:
The staff of a public school;
A parent or guardian of a student who attends a public school in the county;
A nonsectarian nonprofit entity;
A nonsectarian institution of higher education in the State; or
Any combination of persons specified in items (i) through (iv) of this paragraph.
An application shall include:
A plan to provide a rigorous program of instruction that includes an equivalent method for satisfying any requirements from which the public charter school operator intends to seek a waiver under § 9–106 of this title; and
A description of how a weighted lottery or the provision of guaranteed placement will be implemented under §§ 9–102.2 and 9–102.3 of this title.
A public chartering authority may not grant a charter under this title to:
A private school;
A parochial school;
A home school; or
A school that operates fully online.
Except as provided in subparagraph (ii) of this paragraph, the county board shall review the application and render a decision within 120 days of receipt of the application and in accordance with the application procedures adopted by the county board.
For a restructured school:
The county board shall review the application and render a decision within 30 days of receipt of the application;
The county board may apply to the State Board for an extension of up to 15 days from the time limit imposed under item 1 of this subparagraph;
If an extension is not granted, and 30 days have elapsed, the decision may be appealed to the State Board in accordance with § 4–205(c) of this article; and
If an extension has been granted, and 45 days have elapsed, the decision may be appealed to the State Board in accordance with § 4–205(c) of this article.
A public chartering authority may approve an application to operate a public charter school on a contingent basis subject to the conditions of subparagraph (ii) of this paragraph.
The contingent approval granted under subparagraph (i) of this paragraph may be contingent on:
A public charter school’s ability to meet any timelines established by the public chartering authority for the securing of a facility; and
Final approval by the public chartering authority regarding the suitability of the facility secured by the public charter school.
If an application to establish a public charter school includes a description of the implementation of a weighted lottery that gives priority to students in a specific geographic attendance area in accordance with § 9–102.2 or § 9–102.3 of this title, the public chartering authority may approve or reject this provision separately from the application as a whole.
A decision of a public chartering authority under paragraph (1) of this subsection may not be appealed to the State Board.
An application to establish a public charter school may include a staffing model, including provisions for staff recruitment, training, evaluation, and professional development.
A public charter school may submit a staffing model as provided in paragraph (1) of this subsection with a renewal application or with an amendment to an existing charter.
If the county board denies an application to establish a public charter school, the applicant may appeal the decision to the State Board, in accordance with § 4–205(c) of this article.
The State Board shall render a decision within 120 days of the filing of an appeal under this subsection.
If the county board denies an application to establish a public charter school and the State Board reverses the decision, the State Board shall remand the matter to the county board and may direct the county board to grant a charter and may, if necessary, mediate with the county board and the applicant to implement the charter.
In this section, “eligible public charter school” means a public charter school that has been in existence for at least 5 years and demonstrates to the public chartering authority a history of:
Sound fiscal management; and
Student achievement that exceeds the average in the local school system in which the public charter school is located on:
Statewide assessments; and
Other measures developed by the State Board.
The State Board shall develop standards and criteria by which an eligible public charter school shall be assessed by a public chartering authority.
An eligible public charter school may submit to a public chartering authority:
An application for renewal of an existing charter contract that incorporates the provisions of subsection (e) of this section; or
Subject to paragraph (2) of this subsection, an application for an addendum to an existing charter contract that incorporates the provisions of subsection (e) of this section.
An eligible public charter school may not submit an application under paragraph (1)(ii) of this subsection more than one time during the duration of an existing charter contract.
If the public chartering authority determines that a public charter school is not an eligible public charter school, the public charter school may appeal the decision to the State Board in accordance with § 4–205(c) of this article.
If an eligible public charter school and a public chartering authority mutually agree to an alternative means by which the eligible public charter school will satisfy the intent of the policies of the public chartering authority, an eligible public charter school is exempt from:
Textbook, instructional program, curriculum, professional development, and scheduling requirements;
A requirement to establish a school community council;
Except for Title I schools, a requirement to establish a school improvement plan;
Except for schools with a school activity fund, a requirement to provide school activity fund disclosure statements; and
Except for prekindergarten classes, class size or staffing ratios.
A public chartering authority and an eligible public charter school may jointly develop and mutually agree to a communication process and supervision methodology that flows among the county board, the operator, and the administration of the eligible public charter school.
An eligible public charter school may not be assigned a principal without the written consent of the operator of the eligible public charter school.
Staff members shall be assigned or transferred to an eligible public charter school if the staff member expresses in writing that the staff member wants to work in that eligible public charter school and the eligible public charter school requests in writing that the staff member be assigned or transferred to the eligible public charter school, provided there is an existing vacancy.
A transfer authorized under subparagraph (i) of this paragraph shall take place as designated by the agreement of the local bargaining unit in the local school system.
Nothing in this section may be construed to take precedence over an agreement of a local bargaining unit in a local school system.
Except as otherwise provided in this section, an eligible public charter school is subject to the provisions of this title.
A member of the professional staff of a public charter school shall be subject to the same certification provisions established in regulations for the professional staff of other public schools.
Subject to subsection (b) of this section, a public charter school shall comply with the provisions of law and regulation governing other public schools.
Subject to subsection (d) of this section, a public charter school may seek a waiver of the requirements under subsection (a) of this section from:
A county board for policies that are the policies of the county board; and
The State Board for policies that are the policies of the State Board.
If a waiver is denied under this section, the county board or the State Board, as appropriate, shall provide the reason for the denial in writing to the public charter school.
A waiver may not be granted from provisions of law or regulation relating to:
Audit requirements;
The measurement of student academic achievement, including all assessments required for other public schools and other assessments mutually agreed upon by the public chartering authority and the school; or
The health, safety, or civil rights of a student or an employee of the public charter school.
A public chartering authority may not grant a charter to a public charter school whose operation would be inconsistent with any public policy initiative, court order, or federal improvement plan governing special education that is applicable to the State.
A public chartering authority shall ensure that the authorizing process for a public charter school and the charter application address the roles and responsibilities of the county board and the applicants and operators of the public charter school with respect to children with disabilities.
The public chartering authority shall ensure that, prior to opening a public charter school, the operators of the school are informed of the human, fiscal, and organizational capacity needed to fulfill the school’s responsibilities related to children with disabilities.
Employees of a public charter school:
Are public school employees, as defined in §§ 6–401(e) and 6–501(g) of this article;
Are employees of a public school employer, as defined in §§ 6–401(f) and 6–501(h) of this article, in the county in which the public charter school is located; and
Shall have the rights granted under Title 6, Subtitles 4 and 5 of this article.
If a collective bargaining agreement under Title 6, Subtitle 4 or Subtitle 5 of this article is already in existence in the county where a public charter school is located, the employee organization, public school employer, and the public charter school may mutually agree to negotiate amendments to the existing agreement to address the needs of the particular public charter school, including amendments to work days, work hours, school year, procedures for transfers that are consistent with the instructional mission of the school, and extra duty assignments.
A county board shall disburse to a public charter school an amount of county, State, and federal money for elementary, middle, and secondary students that is commensurate with the amount disbursed to other public schools in the local jurisdiction.
The State Board or the county board may give surplus educational materials, supplies, furniture, and other equipment to a public charter school.
In this subsection, “public charter school facilities” means premises that are:
Owned or leased by a public charter school; or
Occupied and utilized by a public charter school to provide a program of primary or secondary education to its students.
Subject to subsubparagraph 2 of this subparagraph, the Interagency Commission on School Construction shall distribute funds to public charter schools in accordance with this subsection for capital improvements to public charter school facilities, debt service, or rent or lease payments.
A public charter school may receive funds under this subsection only if the operator’s most recent required certified financial audit is unqualified.
Funds disbursed under subparagraph (i) of this paragraph shall be paid directly to the public charter school and may not be paid to a local governing body or county board.
If a public charter school is located in a building owned by the local school system, the Interagency Commission on School Construction may not distribute funds to the public charter school for capital improvements to the school facility, debt service, or rent or lease payments under this subsection in fiscal years during which the school facility is undergoing a project that is receiving State funding through the Capital Improvement Program.
If the total amount of the Capital Improvement Program in a fiscal year is less than the total amount in the prior fiscal year, the amount of funds distributed to public charter schools under this subsection for the fiscal year shall be proportionately reduced.
The Interagency Commission on School Construction may not use funds distributed to a public charter school under this subsection as justification to reduce the amount provided to a local school system through the Capital Improvement Program.
A public charter school that receives funds under this subsection during a fiscal year shall report to the Interagency Commission on School Construction on the status of any project for capital improvements to public charter school facilities, debt service, or rent or lease payments before the public charter school may receive funds for the following fiscal year.
For fiscal year 2028 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation for capital improvements to public charter school facilities, debt service, or rent or lease payments that is equal to the total aggregate student enrollment in the Maryland Public Charter School Program for the prior fiscal year multiplied by $200.
The Interagency Commission on School Construction shall adopt regulations to carry out this subsection.
In the regulations adopted under subparagraph (i) of this paragraph, the Interagency Commission on School Construction shall include regulations that:
Establish the procedures to comply with paragraph (3) of this subsection if a local school system submits a mid–year capital project funding request; and
Ensure a public charter school receives funds under this subsection if the local school system rescinds a capital project funding request and the public charter school is subsequently eligible for funding under this subsection.
Each county board shall develop a public charter school policy and provide it to the State Board.
The policy required under paragraph (1) of this subsection shall include guidelines and procedures regarding:
Evaluation of public charter schools;
Revocation of a charter;
Reporting requirements; and
Financial, programmatic, or compliance audits of public charter schools.
The policy required under paragraph (1) of this subsection, including any updates or amendments made to the policy, shall be provided to the Department and made available on request and posted on the website of the county board.
The Department shall designate a staff person to function as a contact person for the Maryland Public Charter School Program.
The staff person designated as a contact person under paragraph (1) of this subsection shall:
Provide technical assistance to the operator of a public charter school to help the school meet the requirements of federal and State laws, including 20 U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and
Gather information from public charter schools in the State regarding innovative approaches to education and best practices taking place at public charter schools that may be shared with and disseminated to other public schools in the State.
The Department shall report annually by December 1 to the General Assembly in accordance with § 2–1257 of the State Government Article regarding:
Any updates or amendments made to a public charter school policy under subsection (a) of this section; and
Implementation of this title.
If, with the approval of the State Superintendent, a county board determines that a school site or building no longer is needed for school purposes and after the county commissioners or county council have provided the required notice under § 4–115 of this article, the county board shall inform the public charter schools in the county that the school site or building is available for occupation and use by a public charter school on the terms determined by the county board.
Each county board:
Shall establish a procedure to determine which public charter school may occupy and use an available school site or building if more than one public charter school notifies the county board of an interest in occupying and using a school site or building; and
May consider the utilization rate of surrounding school sites and buildings when authorizing a public charter school to occupy a school site or building.
A public charter school that occupies or uses a school site or building under subsection (a) of this section may not sell, dispose of, or otherwise transfer the school site or building.
Any portion of a building or property occupied and used by a public charter school shall be exempt from property taxes under § 7–202 of the Tax – Property Article for the duration of the occupation and use of the building or property as a public charter school.
In this title the following words have the meanings indicated.
“Advertisement” means a communication that is intended to influence a person to enter into an obligation or sign a contract for services.
“Child care center” has the meaning stated in § 9.5–401 of this title.
“Family child care home” has the meaning stated in § 9.5–301 of this title.
“Large family child care home” has the meaning stated in § 9.5–301 of this title.
“License” means a license issued by the Department to operate a child care center.
“Registration” means a registration issued by the Department to a family child care home or a large family child care home.
The General Assembly declares that:
Minor children are not capable of protecting themselves; and
When a parent has relinquished the care of the parent’s minor child to others, there is a possibility of certain risks to the child that require compensating measures.
It is the policy of the State:
To protect minor children whose care has been relinquished to others by the child’s parent;
To resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and
To encourage the development of child care services for minor children in a safe, healthy, and home–like environment.
There is a Division of Early Childhood Development in the Department.
A license or registration is effective until the license or registration is suspended or revoked under § 9.5–106 of this subtitle.
Within 60 days after receiving the license or registration application, the Department shall issue or deny a license or registration and give notice of the action to the applicant.
Subject to the hearing provisions of § 9.5–107 of this subtitle:
If a licensee violates any provision of this title or of a rule or regulation adopted under this title, the Department may suspend the license for a period not exceeding 1 year; and
If a licensee or registrant violates any provision of this title or of a rule or regulation adopted under this title, the Department may revoke the license or registration.
The Department may not suspend or revoke a license or registration unless the Department gives to the licensee or registrant:
Notice of the suspension or revocation at least 20 days before the suspension or revocation;
A statement of the grounds for the suspension or revocation; and
An opportunity to be heard.
A person aggrieved by a decision of the Department concerning a license or registration may appeal the decision to the administrative appellate authority designated by regulation.
A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.
If a further appeal is taken under this section:
Any criminal prosecution of the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal;
Any injunction against the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal; and
The court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.
In connection with the issuance, suspension, or revocation of a license or registration, the Department may investigate the policies, purposes, premises, and facilities of a licensee or registrant or an applicant for a license or registration.
The Department may petition an equity court to enjoin the activities and operation of a person who seeks to carry on, without a license or registration, the activities for which the person must be licensed or registered.
The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.
In this section the following words have the meanings indicated.
“Analysis” means the market rate survey or an alternative method allowable under federal law.
“Program” means the Child Care Scholarship Program.
Beginning in 2017, and every 2 years thereafter, the Department shall conduct an analysis in order to formulate appropriate reimbursement rates for the Program.
The Department, before conducting the analysis, shall consult with:
The Office of Child Care Advisory Council;
Child care resource and referral agencies;
Child care worker organizations; and
Any other appropriate entities.
On or before September 1, 2017, and by September 1 every 2 years thereafter, the Department shall report to the Joint Committee on Children, Youth, and Families, the Senate Budget and Taxation Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on:
The methodology of the analysis required under subsection (b) of this section;
Cost estimates for raising the Program’s reimbursement rates to the 45th, 55th, 65th, and 75th percentile of child care providers in each of the State’s market regions;
The minimum base payment rate that is required for child care providers to meet health, safety, quality, and staffing requirements in accordance with federal law and the factors used to determine that rate;
The rate adjustment that the Department will implement based on the analysis;
Any adjustments to Program eligibility or family copay amount that will be implemented; and
Any potential impacts on families and providers due to any adjustments made to the Program.
The Governor shall include in the annual State budget an appropriation from all fund sources for the Program that is not less than the total appropriation for the Program in fiscal year 2018 or fiscal year 2019, whichever is greater.
Except as provided in paragraph (3) of this subsection, the Department may not make the following alterations to the Program in effect as of January 1, 2023:
Reduce the reimbursement rates;
Reduce the income eligibility requirements; or
Subject to subsections (e) and (f) of this section, implement a freeze in Program enrollment.
The Department may alter the Program in effect as of January 1, 2023, by reducing the reimbursement rates, reducing the income eligibility requirements, or implementing a freeze in Program enrollment, if:
The Department submits a notification to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, on the intended Program alterations, including the reason for, and expected duration of, the proposed actions; and
The Program alterations identified in the notification are not implemented until the completion of the regular legislative session immediately following the submission of the notification.
If the Board of Public Works approves budget reductions for the Program under § 7–213 of the State Finance and Procurement Article for a certain fiscal year, the Department may reduce the reimbursement rates, reduce the income eligibility requirements, or implement a freeze in Program enrollment at any time during the fiscal year.
Except as provided in § 9.5–113(d) of this subtitle, the Department may not increase the copayment levels of the Program in effect as of January 1, 2024.
A freeze in Program enrollment may not apply to:
An individual or a family who is enrolled in the temporary cash assistance program under § 5–312 of the Human Services Article;
An individual or a family who is enrolled in the federal Temporary Assistance for Needy Families program;
A child, parent, or caregiver who is enrolled in the federal Supplemental Security Income program;
The sibling of a child who is enrolled in the Program; and
A child who is homeless.
An individual described under subparagraph (i) of this paragraph shall otherwise meet the criteria for enrollment in the Program.
If the Department establishes a freeze in Program enrollment, the Department shall establish a waitlist for eligible individuals who apply to the Program after the freeze is in effect.
The waitlist shall remain in effect as long as there are fewer available awards under the Program than eligible applicants for the Program.
The waitlist shall provide awards for enrollment in the Program to qualified applicants in the following order of priority:
Applicants with the greatest financial need, based on annual household income;
Applicants who work for at least 20 hours a week as an employee or operator of a child care center, a family child care home, a large family child care home, or an eligible publicly funded prekindergarten program under Title 7, Subtitle 1A of this article that accepts children enrolled in the Program;
Applicants enrolling a child under the age of 3 years; and
Applicants who have been on the waitlist for the longest period of time.
If the Department establishes a freeze in Program enrollment, the Department shall identify applicants to the Program whose children qualify for:
The publicly funded prekindergarten program under Title 7, Subtitle 1A of this article; or
A Head Start or Early Head Start program.
The Department shall inform an applicant identified under paragraph (1) of this subsection about the publicly funded prekindergarten program, Head Start program, or Early Head Start program, including by providing information on:
Available prekindergarten, Head Start, or Early Head Start programs in the county in which the applicant resides;
How to contact providers who may have available program slots; and
How to apply for the programs.
On request, the Department shall provide eligible families identified under paragraph (1) of this subsection with information on the enrollment processes.
The process for identifying and assisting eligible Program applicants whose children qualify for a program shall continue as long as the waitlist is in effect.
The Governor shall, from all fund sources, appropriate funds in the annual State budget in an amount sufficient to raise the Program’s reimbursement rates for each region to:
For fiscal year 2020, not less than the 30th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used; and
For fiscal year 2021 and each fiscal year thereafter, not less than the 60th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used.
Beginning October 1, 2016, the Department shall submit to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, the monthly reports received by the Department regarding Child Care Subsidy Program expenditures and participation.
In this section, “Program” means the Child Care Scholarship Program.
The Department shall administer the Program in accordance with federal law.
The Department shall:
Provide to Program applicants information on income–based government assistance programs and tax credits for which the applicants may be eligible; and
Incorporate the framework of the Youth Transitioning From Foster Placement to Successful Adulthood Program as established under § 9.5–113.2 of this subtitle.
The Department shall award a scholarship under the Program in an amount sufficient to ensure that an individual will not be required to pay a copay for child care if the individual provides proof, as determined by the Department, of:
Participation in one of the following programs:
Federal Special Supplemental Food Program for Women, Infants, and Children;
Federal Supplemental Nutrition Assistance Program;
Federal Housing Act Housing Choice Voucher Program;
Supplemental Security Income benefits; or
Temporary cash assistance; and
Employment or enrollment in an education or career training program; or
Participation in the Youth Transitioning From Foster Placement to Successful Adulthood Program established under § 9.5–113.2 of this subtitle.
The Department shall award a scholarship under the Program in an amount sufficient to ensure that an individual who has an annual household income at or below the federal poverty line is not required to pay a copay for child care.
The Department may award partial scholarships under the Program through a sliding fee scale for copayments that:
Applies to an individual who:
Has an annual household income above the federal poverty line; and
Is not described under paragraph (1)(i) of this subsection;
Is based on an individual’s annual household income above the federal poverty line;
Requires an individual to provide an increased percentage of the individual’s annual household income as a copay as the individual’s income increases;
Increases copay percentages gradually between household income categories, culminating in a maximum copay not exceeding 7% of an individual’s annual household income for an individual with the highest income category under the Program;
Includes a sufficient number of household income categories to minimize significant increases in copay amounts for an individual who moves from one household income category to another; and
Requires a copay for each child in a family receiving a partial scholarship, but requires a lower copay amount for each subsequent child.
Subject to subparagraph (i) of this paragraph, the Department may set a minimum copay amount for a partial scholarship award under the Program.
A minimum copay amount may not be more than $10 each month.
An individual is eligible to continue to receive a scholarship under the Program:
For at least 90 days in a year if the individual is unemployed and seeking employment; and
If the individual meets any other eligibility criteria determined by the Department.
The Department may not require an individual to pursue or receive child support payments or apply for services from a child support agency to be eligible for a scholarship under the Program.
The Department shall notify the Comptroller within 10 days after the date on which the Department receives an invoice from a child care provider.
The Comptroller shall pay a child care provider within 5 days after the date on which the Comptroller receives a notice under paragraph (1) of this subsection.
The Department shall adopt regulations to implement the provisions of this section.
In this section the following words have the meanings indicated.
“Fund” means the Child Care Capital Support Revolving Loan Fund.
“Rural community” has the meaning stated in § 2–207 of the State Finance and Procurement Article.
There is a Child Care Capital Support Revolving Loan Fund.
The purpose of the Fund is to provide no–interest loans for capital expenses to child care providers who participate in the Child Care Scholarship Program under § 9.5–113 of this subtitle.
The Department of Commerce shall administer the Fund with support from the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article that shall be available in perpetuity for the purpose of providing loans in accordance with the provisions of this section.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Any interest earnings of the Fund;
Repayments of principal and interest from loans made from the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only to provide no–interest loans to child care providers for capital expenses related to a child care facility, including:
Acquisition;
Expansion;
Renovations; and
New construction.
Except as provided in subparagraph (ii) of this paragraph, child care providers shall repay loans from the Fund not later than 5 years after receiving a loan from the Fund.
The Department of Commerce may establish a financial hardship exemption to allow a child care provider additional time to repay a loan from the Fund.
If a hardship exemption is not granted, the Department of Commerce shall apply its normal policy regarding assisting child care providers with past due loan payments.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
The Department of Commerce, in consultation with the Department, shall establish application procedures and eligibility criteria for loans from the Fund, in addition to the requirement that a child care provider be a participant in the Child Care Scholarship Program under § 9.5–113 of this subtitle.
The Department shall prioritize applicant criteria in the following order when providing funding from the Fund:
Child care providers that are located in:
Underserved communities; or
Areas designated by the Department as areas lacking child care slots;
Child care providers that are located in rural communities;
Child care providers that serve primarily low–income populations in areas of high poverty;
Child care providers that serve children with special needs; and
Child care providers that serve children ages 2 and younger.
The Department of Commerce shall work with the Department to publicize the availability of loans from the Fund and provide support to child care providers in applying for loans from the Fund.
For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation to the Fund of $15,000,000.
For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation to the Fund of $10,000,000.
In this section the following words have the meanings indicated.
“Foster youth” means an individual who:
Is at least 16 years old and under the age of 22 years; and
Is in out–of–home care under the responsibility of the State; or
Was in out–of–home care under the responsibility of the State on the individual’s 18th birthday.
“Program” means the Youth Transitioning From Foster Placement to Successful Adulthood Program.
There is a Youth Transitioning From Foster Placement to Successful Adulthood Program in the Department.
The purpose of the Program is to remove certain application barriers for parenting foster youth and increase eligibility access to the Child Care Scholarship Program for the foster youth’s child.
The Department shall administer the Program.
The Program shall begin on or before January 1, 2026.
The Department shall remove barriers in the Child Care Scholarship Program application process for foster youth in the Program by removing the following requirements:
Proof of a foster youth’s employment or enrollment in an education or career training program;
The name of the other parent of the foster youth’s child;
A written authorization from a parent if the parent is not residing in the same household as the child; and
Application information, including income, that relates to a foster youth’s foster parents rather than to the foster youth.
The Department of Human Services shall make referrals to the Department regarding the Program.
In this section the following words have the meanings indicated.
“Child care licensing region” means any one of 13 regions designated by the Department to provide licensing and oversight for family child care programs.
“Family child care” means the care given to a child under the age of 13 years or to a developmentally disabled person under the age of 21 years that is in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the family child care provider is paid.
“Family child care provider” means an individual who cares for children in a registered family child care home or a registered large family child care home.
“Local program” means a local jurisdiction or child care licensing region that participates in the Program.
“Program” means the Growing Family Child Care Opportunities Program.
“Start–up assistance” means the funding for starting a family child care program including the cost of materials, curriculum, and renovations.
There is a Growing Family Child Care Opportunities Program in the Department.
The purpose of the Program is to provide grants to establish and support local programs in the State.
The Department shall partner with the Maryland Child Care Resource Network to administer the Program.
Except as provided in subsection (g) of this section, on or before September 1, 2022, the Department shall award at least three grants, each of which does not exceed $150,000, in accordance with paragraph (2) of this subsection to establish and support family child care providers in the State.
To be eligible for a grant under this section, a county governing body or multiple county governing bodies shall sign a memorandum of understanding with a child care resource center that serves the child care licensing region that contains one of the counties.
The county or counties and the child care resource center jointly shall apply for the grant and administer the local program.
Grant recipients shall:
Use the grants to:
Establish and support a local program; and
Target the use of the grant to increase the supply and ensure the sustainability of family child care providers in areas with above average rates of poverty and unemployment or areas with a lack of available child care providers;
Raise local matching funds, including in–kind matching resources at a 1:1 match;
Collaborate with existing family child care providers during the implementation of the Program;
Provide multilingual outreach to recruit individuals to become registered family child care providers with the Department;
Provide technical assistance, financial incentives, and start–up assistance for recruited individuals as they navigate the Department’s process to become a registered family child care provider;
Assist newly registered and established family child care providers through technical assistance to achieve quality benchmarks, peer–to–peer mentoring, and financial incentives; and
Establish partnerships with local chambers of commerce, or other local or state organizations for family child care providers that support small businesses and women and minority–owned businesses to provide:
Assistance to recruited individuals or registered family child care providers in implementing best business practices; and
Assistance in achieving financial sustainability.
Subject to paragraph (2) of this subsection, for each of fiscal years 2023, 2024, 2026, and 2028 through 2030, the Governor shall include in the annual budget bill an appropriation of $450,000 to the Program.
To the extent authorized under federal law, the Governor shall use federal funds to satisfy the requirement of paragraph (1) of this subsection.
The Department shall develop guidelines, in consultation with the Maryland Child Care Resource Center, for the grant application process and grant recipients.
The Department may seek funding to start the Program.
If the Department receives funding before July 1, 2022, the Department shall begin awarding grants as soon as possible under the Program.
Each year, the Department shall develop and publish goals for the Program.
On or before December 1, 2021, and each December 1 thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the Program and an evaluation of local programs in meeting the Program goals.
In this section, “child care program” includes:
A child care center, as defined in § 9.5–401 of this title;
A family child care home, as defined in § 9.5–301 of this title; and
A large family child care home, as defined in § 9.5–301 of this title.
Beginning July 1, 2023, at least once each calendar year, a child care program shall make the following information available to the parent or guardian of each child under the age of 3 years:
Information about the Maryland Infants and Toddlers Program; and
Contact information for the local lead agency responsible for the administration of the Maryland Infants and Toddlers Program.
A child care program may provide the information required under paragraph (1) of this subsection by:
A personal message to a parent or guardian, including by an e–mail;
A document for which a parent or guardian acknowledges receipt; or
A text message.
On request of a parent or guardian, a child care program shall assist the parent or guardian with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening.
The Department shall provide each child care program with information about the Maryland Infants and Toddlers Program sufficient for the child care program to carry out the requirements of this section, including contact information for the local lead agency.
In this section the following words have the meanings indicated.
“Community resources” includes:
Judy Centers;
Patty Centers;
Head Start Centers;
Maryland Infant and Toddlers Program providers; and
Other community stakeholders that serve children facing developmental, social, emotional, or behavioral health issues.
“Initially eligible child” means a child under the age of 6 years who is enrolled in:
A family child care home or large family child care home, registered under Subtitle 3 of this title;
A child care center that, in accordance with Subtitle 4 of this title, is licensed, has a certificate of approval from the Department, or has been issued a letter of compliance; or
A publicly funded full–day prekindergarten program under Title 7, Subtitle 1A of this article.
“Potentially eligible child” means a child who is at least 6 years old and is enrolled in kindergarten, first grade, or second grade.
“Program” means the Infant and Early Childhood Mental Health Support Services Program.
There is an Infant and Early Childhood Mental Health Support Services Program.
The Program shall be administered by the Department.
The purpose of the Program is to promote positive mental and behavioral health practices for young children who may have developmental, social, emotional, or behavioral issues.
The Department may accept for enrollment in the Program:
Referrals from child care providers; and
Self–referrals from families of initially eligible children.
The Program shall aid children enrolled in accordance with paragraph (1) of this subsection by:
Referring children and families in need of intensive mental or behavioral health services to appropriate clinics or programs;
Training, coaching, and mentoring teachers and caregivers to address challenging behaviors;
Building partnerships with community resources;
Working to ensure children have stable, quality child care programs; and
Awarding grants to carry out the Program.
In implementing the Program, the Department may designate specific regions in the State and create unique approaches in each designated region.
For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 for the operation of the Program.
The Department shall utilize additional available funding to support the Program.
If the Program is able to serve all initially eligible children and has funds remaining for the Program, the Department shall consider potentially eligible children who may have developmental, social, emotional, or behavioral issues for enrollment in the Program.
The Department may accept for enrollment in the Program:
Referrals from child care providers; and
Self–referrals from families of potentially eligible children.
The Program shall aid children enrolled in accordance with paragraph (1) of this subsection by:
Referring children and families in need of intensive mental or behavioral health services to appropriate clinics or programs;
Training, coaching, and mentoring teachers and caregivers to address challenging behaviors;
Building partnerships with community resources; and
Awarding grants to carry out the Program.
In this section the following words have the meanings indicated.
“Anaphylactic allergy” has the meaning stated in § 7–426.1 of this article.
“Emergency use epinephrine” has the meaning stated in § 7–426.2 of this article.
“Major food allergen” has the meaning stated in § 7–426.1 of this article.
The Department and the Maryland Department of Health jointly shall develop guidelines to reduce the risk of exposure to anaphylactic major food allergens in child care settings.
The guidelines developed under paragraph (1) of this subsection shall identify at least one free training resource on reducing the risk of exposure to anaphylactic major food allergens that is appropriate for child care providers.
Based on the guidelines developed in subsection (b) of this section, the Department shall develop a model policy for child care providers that, at minimum, includes:
Emergency protocols, including comprehensive guidelines for storage and administration of epinephrine;
Cross–contamination prevention strategies; and
Notification of a child’s anaphylactic allergy to:
Staff who come into contact with the child; and
Child care provider administrators.
The Department shall post the guidelines, model policy, and training resources developed under this section on the Department’s website.
This subsection applies to the following registrants or licensees that have at least one enrolled child with a food allergy:
A large family child care home registered under Subtitle 3 of this title; and
A child care center licensed under Subtitle 4 of this title.
A registered large family child care home and licensed child care center shall:
Adopt and implement a policy on reducing the risk of exposure to anaphylactic major food allergens in child care settings in accordance with the guidelines developed under subsection (b) of this section;
Monitor updates to the Department’s guidelines and update the policy in accordance with the Department’s revisions; and
Provide a copy of the policy to the parent or guardian of each enrolled child each year.
Except for any willfully or grossly negligent act, a child care provider or an employee of a child care provider who responds in good faith to the anaphylactic reaction of a child in accordance with the guidelines implemented under this section or by use of emergency use epinephrine is immune from civil liability for any act or omission in the course of responding to the reaction.
In this section the following words have the meanings indicated.
“Applicant” means an individual who is applying for a position involving direct contact with children in a child care facility.
“Applicant” includes a volunteer or other individuals who may be subject to federally required background checks.
“Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
“Child care facility” means a registered family child care home, a registered large family child care home, a licensed child care center, or a child care center that holds a letter of compliance.
An applicant who is seeking a position involving direct contact with children at a child care facility shall submit to a criminal history records check in accordance with § 5–555 of the Family Law Article.
On or before June 30, 2027, the Department shall establish a centralized unit for the processing and management of information about criminal history records checks for applicants providing child care services.
The centralized unit may be staffed by licensing specialists in the regional child care licensing offices throughout the State.
The centralized unit shall notify an applicant for a criminal history records check:
Of the status of the application within 10 days after submission; and
Subject to the receipt of the criminal history record information from the Central Repository under subsection (d) of this section, within the time frame required under federal law, of the applicant’s eligibility to provide child care services in a child care facility.
The centralized unit shall review and maintain background checks completed in accordance with § 5–555 of the Family Law Article.
Information obtained from the Central Repository under this section:
Is confidential;
May not be disseminated without the express permission of the applicant; and
May be used only for the purposes authorized by this title.
The centralized unit may maintain a list of applicants who have submitted a criminal history records check in accordance with this section.
The centralized unit may share the name and status of an applicant on the list with:
A child care facility at which the applicant seeks to be employed or volunteer; and
The applicant.
On request by an applicant or a child care facility, the centralized unit may provide written notice to the applicant or the child care facility that an applicant who seeks to be employed by or volunteer with the child care facility has a criminal history records check on file with the Department.
In this subtitle, “Council” means the State Early Childhood Advisory Council.
There is a State Early Childhood Advisory Council in the Department.
The purposes of the Council are to:
Coordinate efforts among early childhood care and education programs;
Conduct needs assessments concerning early childhood education and development programs; and
Develop a statewide strategic report regarding early childhood education and care.
The Council consists of the following members:
One member of the Senate of Maryland, appointed by the President of the Senate;
One member of the House of Delegates, appointed by the Speaker of the House;
The State Superintendent of Schools, or the Superintendent’s designee;
The Secretary of Health, or the Secretary’s designee;
The Director of the Head Start State Collaboration, or the Director’s designee;
The Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;
The Assistant State Superintendent of the Division of Early Childhood Development, or the Assistant State Superintendent’s designee;
The Director of the Office of Child Care within the Division of Early Childhood Development, or the Director’s designee;
The Assistant State Superintendent of the Division of Special Education/Early Intervention Services, or the Assistant State Superintendent’s designee;
The following members, appointed by the Governor:
One representative of a local education agency;
One representative of an institution of higher education in the State;
One representative of the Maryland State Child Care Association;
One representative of the Maryland State Family Child Care Association;
One representative of the Maryland Association for the Education of Young Children;
One representative of the Maryland School Age Child Care Alliance;
One representative of a nonpublic prekindergarten provider;
One representative of a Head Start agency in the State;
One representative of a local management board;
One representative of the State Interagency Coordinating Council;
One representative of the Ready at Five Partnership;
One representative of the Maryland Parent Teacher Association;
One representative of the Maryland Library Association;
One representative of the business community with demonstrated leadership in early childhood care and education;
One representative of the Maryland Family Network;
One representative of the Office of Child Care Advisory Council;
One representative of the Maryland State Education Association;
One representative of the Service Employees International Union;
One representative of the Department of Disabilities;
One representative of the Social Services Administration of the Department of Human Services;
One representative of a philanthropic institution;
One representative of the Maryland Association of Elementary School Principals;
One representative of a local government agency that provides services to children;
One representative of a local Community Action Agency;
One representative of the Maryland Chapter of the American Academy of Pediatrics;
One representative who provides school health services to children;
One representative of the Maryland Developmental Disabilities Council;
One representative of the Maryland Council for American Private Education;
One representative from the Maryland Association of Boards of Education;
One representative from the Home Visiting Alliance; and
One representative who advocates for homeless children; and
One ex–officio member, appointed by the Council.
A member appointed by the Governor shall serve at the pleasure of the Governor for staggered 4–year terms.
A member may serve up to two consecutive 4–year terms.
A member selected to fill a vacancy serves only for the balance of the term remaining at the time of appointment.
The Governor shall designate the chair of the Council.
The Department shall provide staff for the Council.
A member of the Council:
May not receive compensation as a member of the Council; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Council shall meet at least three times per calendar year.
Meetings shall be:
Open to the general public;
Held in a place accessible to the general public; and
Announced in advance.
Minutes shall be kept of all Council meetings.
The Council may adopt procedures and bylaws as necessary to ensure the orderly transaction of business.
A member of the Council appointed by the Governor who fails to attend at least 50% of the regularly scheduled meetings of the Council during any consecutive 12–month period shall be considered to have resigned.
On or before January 15 of each calendar year, the chair of the Council shall forward to the Governor:
The name of any member considered to have resigned under subsection (a) of this section; and
A statement describing the member’s history of attendance during the preceding 12–month period.
Except as provided in paragraph (3) of this subsection, after receiving the chair’s notice, the Governor shall appoint a successor for the remainder of the term of the resigning member.
If a member has been unable to attend meetings for reasons satisfactory to the Governor, the Governor may waive the resignation.
The Council shall:
Conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including:
The availability of high–quality prekindergarten services for low–income children in the State;
Health–related barriers to school readiness and early childhood educational success; and
An assessment of the availability of high–quality early childhood education and development programs that serve children with and without disabilities together;
Identify opportunities for, and barriers to, collaboration and coordination among federally funded and State–funded child development, child care, and early childhood education programs;
Assess the capacity and effectiveness of 2–year and 4–year public and private institutions of higher education in the State toward supporting the development of early childhood educators, including the extent to which the institutions have articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program;
Make recommendations:
For increasing the overall participation of children in existing federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special populations;
Regarding the establishment of a unified data collection system for public early childhood education and development programs and services throughout the State;
Regarding statewide professional development and career advancement plans for early childhood educators in the State; and
For improvements to State early learning standards and how to undertake efforts to develop high–quality comprehensive early learning standards, as appropriate;
Hold public hearings and provide an opportunity for public comment on the activities described in items (1) through (4) of this subsection; and
Perform any other duties that may be requested by the Governor.
On or before December 1, 2015, the Council shall submit to the Governor, the State Superintendent of Schools, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a statewide strategic report on the activities described in subsection (a)(1) through (4) of this section.
After submission of the report required under paragraph (1) of this subsection, the Council shall continue to meet periodically to review implementation of the report’s recommendations and any changes in State and local needs after submission of the report.
In this subtitle the following words have the meanings indicated.
“Child care provider” means the adult who has primary responsibility for the operation of a family child care home or a large family child care home.
“Direct Grant Fund” means the Family Child Care Provider Direct Grant Fund.
“Family child care” means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the child care provider is paid.
“Family child care home” means a residence in which family child care is provided for up to eight children.
“Family child care provider” means an individual who cares for children in a registered family child care home or a registered large family child care home.
“Large family child care home” means a residence in which family child care is provided for at least nine children, but not more than 12 children.
“Unregistered family child care home” means a residence in which family child care is provided and in which the child care provider:
Has not obtained a certificate of registration from the Department;
Is not related by blood or marriage to each child in the provider’s care;
Is not a friend of each child’s parents or legal guardian and is providing care on a regular basis; and
Has not received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.
The Department shall implement a system of registration for family child care homes and large family child care homes.
The purpose of registration of family child care homes and large family child care homes is to:
Protect the health, safety, and welfare of children while they are in family child care;
Identify family child care homes and large family child care homes;
Provide basic technical assistance and child care information to child care providers; and
Minimize the regulatory rigidity often associated with licensing.
The system of registration is intended to promote a high degree of flexibility in the regulation of family child care homes and large family child care homes while assuring the health and safety of children who are cared for in family child care homes and large family child care homes.
The State Board shall adopt regulations that relate to the registration of family child care homes and large family child care homes.
So far as practicable, the regulations shall be uniform with the rules and regulations adopted by other State agencies as those rules and regulations relate to other types of child care.
At a minimum, the regulations shall provide for:
Minimum standards of environmental health and safety, including provisions for:
Adequate and safe physical surroundings, including requirements for window coverings in accordance with § 5–505 of the Family Law Article;
The physical and mental health of child care providers; and
Investigation of any criminal record of a child care provider;
A thorough evaluation of each prospective family child care home, large family child care home, and child care provider, to be completed before the Department accepts an initial registration;
An initial family child care registration that expires 2 years after its effective date;
A continuing family child care registration that:
Upon application by the child care provider that meets the requirements set by the Department, is issued to the provider before the end of the initial registration period; and
Once issued, remains in effect until surrendered, suspended, revoked, or replaced by a conditional registration;
Reporting of any changed circumstances that relate to the requirements, by the child care provider, at the time the change occurs;
An orientation to be provided to prospective child care providers by the Department before initial registration;
Announced inspection by the Department of each registered family child care home and large family child care home prior to issuance of an initial or continuing registration to determine whether applicable requirements are being met;
Unannounced inspection by the Department of each registered family child care home and large family child care home at least once during each 12–month period that an initial or continuing registration is in effect to determine whether safe and appropriate child care is being provided;
Procedures to be followed by the Department in response to a complaint about a family child care home or large family child care home;
A requirement that each registered child care provider shall hold a current certificate indicating successful completion of approved:
Basic first aid training through the American Red Cross or through a program with equivalent standards; and
Cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the family child care home or large family child care home;
A requirement that the minimum age of a family child care teacher in a registered large family child care home be at least 18 years old and that an individual not be precluded from being a family child care teacher solely for being 18 years old;
A requirement that a family child care home or large family child care home that receives notice of a contaminated drinking water supply from the family child care home’s or large family child care home’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the family child care home or large family child care home; and
A requirement that the notice sent by the family child care home or large family child care home shall:
Be sent within 10 business days after receipt of the notice of contamination from the family child care home’s or large family child care home’s water supplier;
Be in writing;
Identify the contaminants and their levels in the family child care home’s or large family child care home’s water supply; and
Describe the family child care home’s or large family child care home’s plan for dealing with the water contamination problem until the family child care home’s or large family child care home’s water is determined by the appropriate authority to be safe for consumption; and
A requirement that a family child care home or large family child care home prohibit the administration of corporal punishment to discipline a child.
The State Board shall adopt regulations that:
Require a family child care provider to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the family child care home or large family child care home;
Require the plan under item (1) of this subsection to include:
A designated relocation site and evacuation route;
Procedures for notifying parents or other adults responsible for the child of the relocation;
Procedures to address the needs of individual children including children with special needs;
Procedures for the reassignment of staff duties during an emergency, as appropriate; and
Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and
Require a family child care provider to train staff and ensure that staff are familiar with the plan.
This subtitle does not apply to a family child care home or large family child care home that:
Serves only dependent children of military personnel; and
Is located on a military base or federal property; or
Is certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard.
The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a family child care home or large family child care home is located, may assume responsibility for approving or determining which children may be served by the family child care homes and large family child care homes that are exempt from this subtitle.
Except as otherwise provided in this section, a family child care home or large family child care home may not operate unless it is registered.
A family child care home is not required to be registered if the child care provider:
Is related to each child by blood or marriage;
Is a friend of each child’s parents or legal guardian and the care is provided on an occasional basis; or
Has received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.
A person may not advertise a family child care home, large family child care home, or family child care service unless the family child care home or large family child care home is registered under the provisions of this subtitle.
An advertisement for a family child care home, large family child care home, or family child care service shall state:
That the family child care home or large family child care home is registered with the Department; and
The registration number issued to the family child care home or large family child care home by the Department.
An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the home of a child care provider, and the employee of the Department may serve a civil citation without any other evidence of unregistered family child care if:
The child care provider advertises a family child care home or large family child care home that is not registered under the provisions of this subtitle;
The Department sends a warning letter to the child care provider; and
The child care provider:
Does not respond to the Department within 10 business days after the Department sends the warning letter; or
Responds to the Department in a manner that does not adequately address the charge in the warning letter.
The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (3) of this subsection may take any action authorized under § 6–316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.
An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.
For purposes of this subtitle, a child care provider’s own children under the age of 2 years shall be counted as children served.
In a family child care home:
There may not be more than:
8 children in care at any given time; and
4 children under the age of 2 years; and
There shall be an adult to child ratio of at least 1 adult to every 2 children under the age of 2 years.
In a large family child care home:
There may not be more than 12 children in care at any given time; and
There shall be a limit on the number of children under the age of 2 years and an adult to child ratio that comply with regulations adopted by the Department under § 9.5–303 of this subtitle.
If the Department determines that the group size provisions of subsection (b) of this section are unsuitable for a particular family child care home or large family child care home, the Department may decrease the number of children permitted to be in care at that family child care home or large family child care home.
This section applies only to a family child care provider who is a member of a reserve component.
A family child care provider shall designate a substitute to provide family child care during the family child care provider’s absence for required training and active service in a reserve component.
A family care provider under subsection (b) of this section may use the designated substitute to provide family child care during the family child care provider’s absence for not more than 45 working days in any 12–month period.
This section may not be construed to otherwise limit the authority of the Department to establish requirements for:
A family child care provider to designate a substitute to provide family child care in the family child care provider’s absence; and
The qualifications necessary to serve as a substitute.
A registration under this subtitle may be revoked, a child care provider may appeal from the revocation, and the operation of an unregistered family child care home may be enjoined.
Revocation, appeal, or injunction under this subtitle shall be in accordance with Subtitle 1 of this title.
Subject to paragraph (1) of this subsection, the State Superintendent or the State Superintendent’s designee shall exercise the authority granted to the Department.
The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unregistered family child care home to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to family child care homes.
The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.
Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
A judge of a District Court or circuit court in the jurisdiction in which the unregistered family child care home is located may issue an administrative search warrant on finding that:
The Department has reasonably sought and been denied access to an unregistered family child care home for the purpose of making an inspection;
The requirements of subsection (b) of this section are met;
The official or employee of the Department is authorized or required by law to make an inspection of the unregistered family child care home for which the warrant is sought; and
The Department has shown probable cause for the issuance of the warrant by specific evidence:
Of an existing violation of § 9.5–304 of this subtitle; and
That the health, safety, and welfare of the children in the unregistered family child care home are substantially threatened due to conditions in the unregistered family child care home.
The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.
An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department or the Department of Human Services to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to family child care homes and large family child care homes.
The inspection may not exceed the limits specified in the warrant.
The Department shall prepare and, as needed, update an informational pamphlet for parents of children in family child care.
The pamphlet shall contain:
An outline of family child care regulations;
A description of parental rights and responsibilities;
A description of complaint procedures; and
The address and telephone number of the local department.
The Department shall make the pamphlet available to child care providers for distribution to parents.
Upon receipt of the notification required under § 5–705.3 of the Family Law Article, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5–706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.
The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:
Representatives of the local department and law enforcement agency that are investigating the report under § 5–706 of the Family Law Article;
Representation from the office of the local State’s Attorney; and
Appropriate medical, including mental health, expertise.
Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.
Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.
Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family child care home or large family child care home.
Within 30 days after a child under the age of 6 years enters care in a family child care home or large family child care home, a parent or guardian of the child shall provide to the family child care home or large family child care home evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child’s continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.
A person who violates § 9.5–304(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:
A fine not exceeding $1,500 for the first violation; and
A fine not exceeding $2,500 for a second or subsequent violation.
Except as provided in subsection (b) of this section and subject to the provisions of subsection (d) of this section, a person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty imposed in a civil action not exceeding $1,000 for each violation.
A person who violates § 9.5–304(a) or (c) of this subtitle and is served a civil citation under that section is subject to a civil penalty as follows:
$250 for the first violation;
$500 for the second violation; and
$1,000 for the third and each subsequent violation.
Any money collected under this subsection shall be deposited into the General Fund of the State.
Any person served with a citation under this subsection may appeal the citation to the Office of Administrative Hearings in accordance with § 10–205 of the State Government Article.
Each day a violation occurs is a separate violation under this section.
The total amount of civil penalties imposed in an action under this section may not exceed $5,000.
This subtitle may not be construed to impair or limit the authority granted to the Department of Human Services, the Department, or the Maryland Department of Health under any other provision of the Code unless that provision necessarily is inconsistent with this subtitle.
There is a Family Child Care Provider Direct Grant Fund administered by the Department.
To administer grants to family child care providers, the Department may contract with State agencies and nonprofit organizations.
The State Superintendent may delegate the authority to approve direct grants to any board that exists or may be created within the Department.
A grant made under this subtitle shall be awarded as a reimbursement for the expenses incurred by a family child care provider to comply with State and local regulations.
The funds shall consist of:
Money specifically appropriated for the Direct Grant Fund; or
Any other money made available to the Direct Grant Fund.
The Direct Grant Fund shall be used to:
Pay all expenses and disbursements authorized by the Department for administering the Direct Grant Fund; and
Make grants to family child care providers.
In making grants under this subtitle, consideration shall be given to:
Geographic distribution;
Community need; and
Family income, with priority given to those families with the lowest income.
The amount of State general funds expended for grants to family child care providers from the Direct Grant Fund may not exceed $50,000 in each year.
The Department may make a grant to an applicant only if:
The applicant meets the qualifications required by this subtitle; and
The grant does not exceed $500.
An applicant may receive only one grant.
To apply for financial assistance, an applicant shall submit to the Department an application on the form that the Department requires.
The application shall include:
The identity and location of the family child care provider;
An itemization of known and estimated costs;
The total amount of funds required by the family child care provider to comply with State and local regulations;
The funds available to the applicant without financial assistance from the Department;
The amount of financial assistance sought from the Department;
A statement from the family child care provider on how the grant funds will be used;
Information that relates to the family income of the grant applicant; and
Any other relevant information that the Department requests.
Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct grants.
On an annual basis, the Department shall establish priorities for the types of child care to be provided by recipients of direct grants.
A person may not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Department.
A person may not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Department on an application for financial assistance or for the purpose of influencing any action of the Department affecting financial assistance whether or not such assistance may have already been extended.
Any person or any aider or abettor who violates any provision of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment in the penitentiary not exceeding 1 year or both.
The State Board shall promulgate such rules as are necessary to carry out the purposes of this subtitle.
In this subtitle the following words have the meanings indicated.
“Child” means an individual under the age of 16 years.
“Child care center” means an agency, institution, or establishment that, for part or all of a day, or on a 24–hour basis on a regular schedule, and at least twice a week, offers or provides child care to children who do not have the same parentage except as otherwise provided for in law or regulation.
“Child care center” shall include a nonpublic nursery school in which an instructional program is offered or provided for children who are under the age of 5 years.
“Child care center” does not include:
A nonpublic kindergarten in which an instructional program is offered or provided for children who are at least 5 years old;
A nonpublic elementary school in which an instructional program is offered or provided for children who are in grades 1 through 8;
A child care home, a child care institution, or other child care facility that offers or provides a residential placement for a child and is established, licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of the Health – General Article; or
A family child care home or large family child care home that is required to be registered or is registered under this title.
“Letter of compliance” means a letter issued by the Department to a religious organization that meets the requirements under § 9.5–404 of this subtitle.
The General Assembly finds that:
A child is not capable of self–protection; and
If care of a child is given over to another, mental and physical risks arise that need to be offset by reasonable protective measures.
The General Assembly also finds that:
There is a shortage of child care placements for children under the age of 2 years; and
The rules and regulations adopted under this subtitle should provide for small child care centers that provide care in a homelike environment.
The purpose of this subtitle is not to limit a parent in getting the help of responsible relatives or friends in giving child care for a child, but is to aid each parent and protect each child from the risk present if:
The child is cared for by an individual other than a relative or friend; and
Children of more than one family are cared for together or, on different days, use the same facilities.
This subtitle does not supersede:
Any right or power of the Maryland Department of Health or any local health officer;
Any right or power of a county department of education;
Any building code or zoning provision;
Any right or power of the Administration within the Department of Human Services or any local department; or
Any right or power of the Department of Human Services to regulate residential child care facilities.
Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:
Shall meet local fire, health, and zoning codes required of school buildings; and
May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.
This subtitle does not apply to a child care center that:
Serves only dependent children of military personnel; and
Is located on a military base or federal property; or
Is certified as a child development program by a branch of the U.S. Department of Defense or the U.S. Coast Guard.
The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a child care center is located, may assume responsibility for approving or determining which children may be served by the child care centers that are exempt from this subtitle.
The State Board shall adopt rules and regulations for licensing and operating child care centers.
These rules and regulations shall:
Ensure safe and sanitary conditions in child care centers;
Ensure proper care, protection, and supervision of children in child care centers;
Ensure the health of children in child care centers by:
Monitoring children for signs and symptoms of child abuse;
Instructing licensees and staff concerning child abuse detection and reporting;
Monitoring health practices to help prevent the spread of disease;
Monitoring the care of infants and children with special needs; and
Prohibiting the administration of corporal punishment to discipline a child;
Promote the sound growth and development of children in child care centers;
Promote proper nutrition and developmentally appropriate practices by:
Establishing training and policies promoting breast–feeding;
Requiring compliance with the United States Department of Agriculture Child and Adult Care Food Program standards for beverages served to children, except that milk that is not nonfat or low fat may be ordered by a health care practitioner or requested by a parent or guardian; and
Prohibiting beverages other than infant formula that contain added sweetener or caffeine; and
Setting limits on screen time;
Carry out otherwise the purposes and requirements of this subtitle, including imposition of intermediate sanctions to ensure compliance;
Prohibit a child from remaining at a child care center for more than 14 hours in 1 day unless the Department issues an exception for that child based on guidelines set by the State Superintendent;
Require that a child care center have in attendance at all times at least 1 individual who is responsible for supervision of children, including children on field trips, and who holds a current certificate indicating successful completion of approved:
Basic first aid training through the American Red Cross or through a program with equivalent standards; and
Cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the child care center; and
Require that a child care center serving more than 20 children have in attendance certificate holders described in item (i) of this item in a ratio of certificate holders to children set by the Department;
Require that the minimum age of a child care teacher in a child care center be at least 18 years old and an individual may not be precluded from being a child care teacher solely for being 18 years old;
Require that a child care center that receives notice of a contaminated drinking water supply from the child care center’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the child care center; and
Require that the notice sent by the child care center shall:
Be sent within 10 business days after receipt of the notice of contamination from the child care center’s water supplier;
Be in writing;
Identify the contaminants and their levels in the center’s water supply; and
Describe the child care center’s plan for dealing with the water contamination problem until the child care center’s water is determined by the appropriate authority to be safe for consumption;
Require a child care center to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children, such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care center;
Require the plan under item (i) of this item to include:
A designated relocation site and evacuation route;
Procedures for notifying parents or other adults responsible for the child of the relocation;
Procedures to address the needs of individual children, including children with special needs;
Procedures for the reassignment of staff duties during an emergency, as appropriate; and
Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and
Require a child care center to train staff and ensure that staff are familiar with the plan;
Require a child care center to have window coverings in accordance with § 5–505 of the Family Law Article; and
Subject to subsection (c) of this section, establish probationary employment qualifications for an individual who is applying for the first time to be a child care teacher in a child care center in the State that serves preschool or school–age children who are at least 2 years old.
The probationary employment qualifications established under subsection (b)(13) of this section shall allow an individual to be employed as a child care teacher during a probationary period if the individual:
Is enrolled in approved pre–service training;
Successfully completes the required 90 hours of the approved pre–service training within 6 months after being hired; and
Holds an associate degree or a bachelor’s degree in:
Early childhood education;
Elementary education;
Child development;
Home economics;
Nursing;
Social work;
Special education; or
A related field approved by the Department; or
Is enrolled in approved pre–service training;
Has successfully completed at least 45 hours of the approved pre–service training at the time the child care center hires the individual;
Successfully completes the remaining hours of the pre–service training within 6 months after being hired; and
Holds an associate degree or a bachelor’s degree in a field other than a field listed under item (i)3 of this paragraph.
If, at the end of the 6–month probationary period, an individual described in paragraph (1) of this subsection has not completed the required pre–service training, the child care center shall, with no further cause, terminate the individual or reassign the individual to a nonteaching position.
Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a child care center in this State.
This section does not apply to:
The instructional program, curriculum, or teacher, principal, or administrator qualifications of a nursery school or a child care center that is operated by a religious organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code in a school building exclusively for children who are enrolled in that school;
A nonpublic nursery school operated by a tax–exempt religious organization that has been issued a certificate of approval by the Department;
A nonpublic nursery school operated by a tax–exempt religious organization that:
Complies with the regulations adopted under this subtitle; and
Has been issued a letter of compliance by the Department; or
A program that is operated by a tax–exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization’s building and which program is exclusively for children where parents are attending the service or meeting.
Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:
Shall meet local fire, health, and zoning codes required of school buildings; and
May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.
Notwithstanding the exemption under subsection (b)(4) of this section, a program that is operated by a tax–exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization’s building and which program is exclusively for children where parents are attending the service or meeting shall:
Comply with all applicable State and local fire, building, and zoning laws; and
Prior to the utilization of the program’s facility, be inspected by the State Fire Marshal, or local fire authority having jurisdiction, to ensure that the facility is in compliance with all applicable fire safety regulations.
A person may not advertise a child care center unless the person is licensed to operate a child care center under the provisions of this subtitle.
An advertisement for a child care center shall state:
That the child care center is licensed by the Department; and
Except as provided in paragraph (3) of this subsection, the license number issued to the child care center by the Department.
An advertisement for multiple child care centers operated by a single licensee shall state the license number of at least one of the child care centers that the licensee operates.
An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the child care center, and the employee of the Department may issue a civil citation without any other evidence of unlicensed child care if:
A person advertises a child care center that is not licensed under the provisions of this subtitle;
The Department sends a warning letter to the person; and
The person:
Does not respond to the Department within 10 business days after the Department sends the warning letter; or
Responds to the Department in a manner that does not adequately address the charge in the warning letter.
The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (4) of this subsection may take any action authorized under § 6–316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.
An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.
An applicant for a license shall submit an application to the Department on the form that the State Superintendent requires.
An application for a license shall contain:
The name of the applicant;
The proposed location of the child care center;
The name of the individual to be in charge of the child care center; and
Any other information that the Department requires.
The Department shall issue a license to any applicant who meets the requirements of this subtitle and of the rules and regulations adopted under it.
A license authorizes the licensee to operate a child care center while the license is effective.
A license authorizes the licensee to operate a child care center that offers or provides child care regardless of the time of day.
Unless the Department first approves the change, a licensee may not make any substantial addition to or other change in a building or plant of the child care center or a change in its facilities that could affect materially any condition under which the license was issued.
Each initial license and letter of compliance expires on the second anniversary of its effective date.
Prior to expiration of an initial license or letter of compliance, and on application by the licensee or letter of compliance holder that meets the requirements set by the Department, a continuing license or letter of compliance may be issued that remains in effect until surrendered, suspended, revoked, or replaced by a conditional license or letter of compliance.
The Department shall inspect each child care center operating under a license or a letter of compliance:
On an announced basis prior to issuing the initial or continuing license or letter of compliance to determine whether applicable requirements are being met; and
On an unannounced basis at least once during each 12–month period that the license or letter of compliance is in effect to determine whether safe and appropriate child care is being provided.
A license issued under this subtitle is not transferable.
Subject to the hearing requirements of this section, the Department may deny a license or letter of compliance to any applicant or deny approval for a change under § 9.5–408 of this subtitle if the applicant or proposed change does not meet the requirements of this subtitle.
Subject to the hearing requirements of this section and § 9.5–415 of this subtitle, the State Superintendent may suspend or revoke a license or letter of compliance if the licensee:
Violates a provision of this subtitle or any rule or regulation adopted under it; or
Does not meet the current requirements for a new license or letter of compliance.
Except as otherwise provided in subsection (d) of this section, before any action is taken under this section, the State Superintendent shall give the individual against whom the action is contemplated an opportunity for a public hearing before the State Superintendent.
The hearing notice to be given to the individual shall be sent at least 10 days before the hearing.
The individual may be represented at the hearing by counsel.
The State Superintendent may suspend the license or letter of compliance to operate a child care center on an emergency basis when the State Superintendent determines that this action is required to protect the health, safety, or welfare of a child in the child care center.
When the State Superintendent suspends a license or letter of compliance on an emergency basis, the State Superintendent shall deliver written notice of the suspension to the licensee stating the regulatory basis for the suspension.
Upon delivery of the emergency suspension notice, the licensee or letter holder shall cease immediately operation of the child care center.
The licensee or letter holder may request a hearing before the State Superintendent.
If a hearing is requested by the licensee or letter holder, the State Superintendent shall hold a hearing within 7 calendar days of the request for a hearing. The hearing shall be held in accordance with the Administrative Procedure Act.
Within 7 calendar days of the hearing a decision concerning the emergency suspension shall be made by the State Superintendent.
If the emergency suspension order is upheld by the State Superintendent, the licensee or letter holder shall continue to cease operations until it is determined that the health, safety, or welfare of a child in the child care center is no longer threatened.
Any person aggrieved by a decision of the State Superintendent to uphold an emergency suspension may appeal that decision directly to the circuit court in the county in which the child care center is located.
The State Superintendent may petition the circuit court in the county in which the child care center is located to enjoin the activities and operations of a person who operates a child care center without a license or letter of compliance as required by this subtitle, including when a license or letter of compliance has been denied, revoked, or suspended in accordance with this subtitle.
The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unlicensed child care center to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.
The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.
Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
A judge of a District Court or circuit court in the jurisdiction in which the unlicensed child care center is located may issue an administrative search warrant on finding that:
The Department has reasonably sought and been denied access to an unlicensed child care center for the purpose of making an inspection;
The requirements of subsection (b) of this section are met;
The official or employee of the Department is authorized or required by law to make an inspection of the unlicensed child care center for which the warrant is sought; and
The Department has shown probable cause for the issuance of the warrant by specific evidence:
Of an existing violation of §§ 9.5–405(a) and 9.5–416 of this subtitle; and
That the health, safety, and welfare of the children in the child care center are substantially threatened due to conditions in the child care center.
The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.
An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.
The inspection may not exceed the limits specified in the warrant.
Within 30 days after a child under the age of 6 years enters care in a child care center, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child’s continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.
Each employee, as defined in § 5–550 of the Family Law Article, of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall apply to the Department of Human Services, on or before the first day of actual employment, for a child abuse and neglect clearance.
The Department may prohibit the operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle from employing an individual who:
Has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or
Has been identified as responsible for child abuse or neglect.
The operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall immediately notify the Department of a criminal history records check of an employee that reports a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article.
Any person aggrieved by a final decision of the State Superintendent in a contested case, as defined in the Administrative Procedure Act, may take any further appeal allowed by the Administrative Procedure Act.
Except as otherwise provided in this subtitle, a person may not operate a child care center in this State unless licensed by the Department.
An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.
A person who violates § 9.5–405(a) or § 9.5–416(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:
A fine not exceeding $1,500 for the first violation; and
A fine not exceeding $2,500 for a second or subsequent violation.
Except as provided in subsection (b) of this section and subject to the provisions of subsection (d) of this section, a person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty imposed in a civil action not exceeding $1,000 for each violation.
A person who violates § 9.5–405(a) or (e) or § 9.5–416 of this subtitle and is served a civil citation under that section is subject to a civil penalty as follows:
$250 for the first violation;
$500 for the second violation; and
$1,000 for the third and each subsequent violation.
Each day a violation occurs is a separate violation under this section.
The total amount of civil penalties imposed in an action under this section may not exceed $5,000.
On receipt of the notification required under § 5–705.3 of the Family Law Article, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5–706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.
The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:
Representatives of the local department and law enforcement agency that are investigating the report under § 5–706 of the Family Law Article;
Representation from the office of the local State’s Attorney; and
Appropriate medical, including mental health, expertise.
Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.
Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.
On request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a child care center.
All restrictions imposed by the laws, ordinances, or regulations of all subordinate jurisdictions within the State of Maryland on the licensure or regulation of child care centers are superseded by this section, and the State of Maryland hereby preempts the rights of these jurisdictions to regulate child care centers.
This section does not apply to any local fire, building, or zoning code required of a child care center.
In this subtitle the following words have the meanings indicated.
“Employee” means a State employee.
“Employee occupant” means a State employee who is assigned or will be assigned to a State–occupied building.
“Occupying agency” means a State agency or department which is or will be located in a State–occupied building.
“State complex” means more than 1 State–occupied building or facility situated either adjacent to or within reasonable proximity to another State–occupied building or facility.
“State–occupied building” means:
An office building acquired through any means by the State for use by a State agency or department; and
An office building constructed by or for the State for occupancy by a State agency or department.
The Department may establish child care centers for the children of State employees in State–occupied buildings in the manner provided in this section.
Before the State acquires or constructs an office building that accommodates 700 or more employees, the Department shall:
Survey the employees who will be assigned to the building regarding the employees’ child care needs;
Determine whether child care services for more than 29 children are needed; and
If sufficient need is demonstrated, determine how much space is required and request that the Department of General Services designate the required amount of space within the building or acquire the designated amount of space within a nearby building for a child care center.
The occupying agency shall notify the employee occupants of the availability of space for a child care center at least 180 days before the projected date of occupancy.
The Maryland Department of Health and the Department of General Services shall cooperate with and assist the Department in carrying out the purposes of this subtitle.
The Department shall:
Provide the guidance and means for establishing child care centers for the children of State employees in State–occupied buildings or nearby buildings in accordance with this subtitle;
Provide for licensing of child care centers for children of State employees;
Ensure that space designated within a State–occupied building or nearby buildings for a child care center complies with the prevailing local and State safety building codes for child care centers;
Apply the regulations adopted under Subtitle 4 of this title for child care centers; and
Contract for child care services in the space provided. Contract providers must provide proof of financial responsibility.
The Department of General Services shall:
Construct or acquire the required space to be used by the child care center, which space shall be submetered for utilities and the costs of which shall be paid by the child care center; and
Inspect the facility monthly and inform child care center personnel of maintenance deficiencies to be corrected by the child care center.
If any deficiencies under paragraph (1)(ii) of this subsection are not corrected within a reasonable time, the Department of General Services shall notify the Department which will exact compliance in accordance with the terms of the child care center contract.
The child care center shall pay for any costs of operation of the child care center.
Space originally set aside for a child care center may be used for other purposes if:
The building has been fully occupied for 180 days; and
An application to operate a child care center has not been filed under Subtitle 4 of this title.
Children of State employees shall have priority over other children in admission to a child care center in a State–occupied building or nearby buildings.
After a child care center for children of State employees has been established, the Department shall assess the child care needs of the State employees using the center at least every 5 years.
If the assessment demonstrates that the service is no longer needed or feasible, the State Superintendent may close the center.
The State Superintendent shall give the child care center 90 days’ written notice of closure.
In this section, “pilot program” means the child care centers established in State–occupied buildings or State complexes under this section.
There is a pilot program for child care in State–occupied buildings and State complexes.
The Department shall administer the pilot program established under this section.
The pilot program shall be:
Operated in at least 1 State–occupied building or State complex where 700 or more State employees are located;
Established to accommodate at least 29 children at each location; and
Established for at least 3 years.
The Department shall contract with child care providers to operate the child care centers established under this section.
The contract for operating a child care center shall require the child care provider:
To be responsible for entering into agreements, and making arrangements with the employees, for the provision of child care;
To provide proof of financial responsibility;
To be licensed under this subtitle and Subtitle 4 of this title;
To comply with any laws or regulations governing child care centers;
To obtain and keep in effect liability insurance in an amount determined to be sufficient by the State Superintendent; and
To comply with any other requirement the State Superintendent considers reasonable and necessary.
The child care provider may not be held responsible for providing the necessary space for the operation of the child care center.
Within 30 days after a child under the age of 6 years enters care in a child care center in a State–occupied building, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning.
This evidence may include documentation from the child’s continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.
In this subtitle the following words have the meanings indicated.
“Child care center” has the meaning stated in § 9.5–401 of this title.
“Child care provider” means a family child care provider or a child care center.
“Direct incentive grant” means a grant awarded under the Child Care Quality Incentive Grant Program.
“Family child care provider” has the meaning stated in § 9.5–301 of this title.
There is a Child Care Quality Incentive Grant Program administered by the Department.
To administer direct incentive grants to child care providers, the Department may contract with other State agencies and nonprofit organizations.
The State Superintendent may delegate the authority to approve direct incentive grants to any board that exists or may be created in the Department.
A direct incentive grant made under this subtitle shall be awarded as an incentive for a child care provider to improve the quality of care being provided to children through the purchase of supplies, materials, and equipment.
The grant funds shall consist of:
Money specifically appropriated for the Child Care Quality Incentive Grant Program; and
Any other money made available to the Child Care Quality Incentive Grant Program.
The Child Care Quality Incentive Grant Program shall be used to:
Pay all expenses and disbursements authorized by the Department for administering the Child Care Quality Incentive Grant Program; and
Award direct incentive grants to child care providers.
To be eligible to receive grants under this subtitle, a child care provider must:
Possess a certificate of registration or license that is current and not subject to any pending regulatory action, including revocation and suspension; and
Not be in arrears in the payment of any money owed to the State, including the payment of taxes and employee benefits.
Grants made under this subtitle shall be limited to:
Child care centers located in Title I communities;
Child care centers where at least 25% of the children enrolled receive subsidies through the purchase of child care program; and
Family child care homes and large family child care homes that serve children who receive child care subsidies through the purchase of child care program.
The Department may award a direct incentive grant to an applicant only if:
The applicant meets the qualifications required by this subtitle;
The direct incentive grant does not exceed $2,500; and
Federal funds are available to cover the cost of the grant.
To apply for a direct incentive grant, an applicant shall submit to the Department an application on the form that the Department requires.
The application shall include:
The name and address of the child care provider;
An itemization of known and estimated costs including a statement from the child care provider as to how the grant funds will be used;
The total amount of funds required by the provider to purchase supplies, material, and equipment;
The funds available to the applicant to purchase supplies, material, and equipment;
The amount of direct incentive grant funds sought from the Department;
The number of children that the child care provider serves who receive child care subsidies through the purchase of child care program; and
Any other relevant information that the Department requests.
Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct incentive grants.
On an annual basis, the Department may establish priorities for the distribution of direct incentive grants based on the categories of children child care providers serve, including infants, toddlers, and preschool and school–age children.
A person may not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Department under this subtitle.
A person may not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Department on an application for a direct incentive grant or for the purpose of influencing any action of the Department affecting a direct incentive grant whether or not such a grant may have already been awarded.
Any person or any aider or abettor who violates any provision of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment in the penitentiary not exceeding 1 year or both.
The State Superintendent shall adopt regulations necessary to carry out the purposes of this subtitle.
In this subtitle the following words have the meanings indicated.
“Family child care provider” means an individual who participates in the Maryland Child Care Subsidy Program who is:
A registered provider as defined in § 9.5–301(c) of this title; or
Exempt from the registration requirements under § 9.5–304 of this title.
“Provider organization” means an organization that:
Includes family child care providers; and
Has as one of its purposes the representation of family child care providers in their relations with the State.
In according family child care providers and their representatives rights under this subtitle, it is the legislative intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the family child care providers and their representatives are authorized under this title.
There shall be only one appropriate bargaining unit of family child care providers in the State.
Family child care providers may designate, in accordance with the provisions of this subtitle, which provider organization, if any, shall be the exclusive representative of all family child care providers in the State.
The election and certification of the exclusive representative of family child care providers shall be governed by the procedures set forth in Title 3, Subtitle 4 of the State Personnel and Pensions Article.
All elections shall be conducted by the Public Employee Relations Board and subject to the requirements and limitations of Title 22, Subtitle 4 of the State Government Article.
The Public Employee Relations Board may not conduct an election for an exclusive representative if an election or certification of an exclusive representative has taken place within the preceding 2 years.
A provider organization designated as the exclusive representative shall represent all family child care providers in the State fairly and without discrimination, whether or not the family child care providers are members of the provider organization.
The Department shall designate appropriate representatives to participate in collective bargaining with the provider organization certified as the exclusive representative of family child care providers.
Except as otherwise provided in this subtitle, the parties shall adhere to the bargaining process set forth in § 3–501 of the State Personnel and Pensions Article.
The Department shall negotiate in consultation with the Department of Budget and Management regarding all matters that require appropriation of State funds.
Collective bargaining shall include all matters related to the terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program, including:
Reimbursement rates;
Benefits;
Payment procedures;
Contract grievance procedures;
Training;
Member dues deductions; and
Other terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program.
Subject to subparagraph (ii) of this paragraph, collective bargaining may include negotiations relating to the right of a provider organization that is the exclusive representative to receive service fees from nonmembers.
The representatives of the State may not reach an agreement containing a service fee provision unless the representatives of the State conclude that the agreement as a whole will not adversely impact nonmember providers.
A family child care provider whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:
Not required to pay a service fee; and
Required to pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code and to furnish to the Department and the exclusive representative written proof of the payment.
Collective bargaining shall include negotiations that result in the establishment of a fund for the purpose of protecting family child care providers against extreme hardship or loss of livelihood resulting from late State payments.
The exclusive representative shall pay for a portion of the fund.
The fund:
May not be a State fund; but
Shall be established and administered in consultation with the State.
All revenues, money, and assets of the fund belong solely to the fund and are held by the fund in trust for family child care providers.
The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the fund for any purpose.
The fund shall include funds sufficient to meet the reasonably foreseeable needs of the family child care providers.
Notwithstanding subsection (d) of this section, the representatives of the State:
May not be required to negotiate any matter that is inconsistent with applicable law; and
May negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.
The parties shall reduce their agreement to a Memorandum of Understanding that complies with the provisions of § 3–601 of the State Personnel and Pensions Article.
The certification of an exclusive representative of family child care providers by the Department does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the Department at a public meeting or hearing or at any other forum of the Department.
A provider organization may not call or direct a strike or other collective cessation of the delivery of services.
This subtitle may not be construed to grant any right, or imply that family child care providers have any right, to engage in a strike or other collective cessation of the delivery of services.
This subtitle may not be construed to make family child care providers employees of the State.
This subtitle may not alter in any way the role of parents in selecting, directing, and terminating the services of family child care providers.
In this subtitle, “Council” means the Office of Child Care Advisory Council.
There is an Office of Child Care Advisory Council.
The Council consists of at least 25 members, but no more than 31 members.
In appointing members to the Council, the State Superintendent shall, to the extent possible, appoint members representing geographically diverse jurisdictions across the State.
The members shall include:
1 member of the Senate of Maryland appointed by the President of the Senate;
1 member of the Maryland House of Delegates appointed by the Speaker of the House;
At least 1 representative, appointed by the Secretary, from:
The Maryland Department of Health;
The Head Start Program;
The Department;
The Office of the State Fire Marshal;
A local government;
A child care advocacy organization;
An independent school, which may include a religious, nonsectarian, or nursery school;
A child care resource and referral agency;
The Department of the Environment;
A community college with an early childhood education program;
The Maryland Association of Social Services Directors;
A professional organization concerned with the quality of early childhood programs; and
The Maryland Association of Public Library Administrators;
At least 1 representative, appointed by the State Superintendent, who is:
A local fire official who has responsibility for the enforcement or administration of fire codes;
A user of child care services; and
A business person;
A pediatrician with an interest and expertise in child care issues, appointed by the State Superintendent;
At least two family child care providers, appointed by the State Superintendent; and
At least two child care providers from child care centers, appointed by the State Superintendent.
The term of a member is 3 years.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
If a vacancy occurs, the State Superintendent promptly shall appoint a successor who will serve until the term expires.
The successor may be reappointed for a full term.
Any member who leaves the position with the organization or State agency that the member represents on the Council shall automatically lose the member’s appointment to the Council and the State Superintendent shall promptly appoint a successor.
From among the members of the Council, the State Superintendent shall appoint a chair.
A majority of the members then serving on the Council is a quorum.
The Council shall meet at least once a year at the time and place it decides.
The Department shall provide staff for the Council.
A member of the Council may not receive compensation for duties performed as a member of the Council.
A member of the Council who is a user of child care services, a family child care provider, or a child care provider from a child care center is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Council shall:
Advise and counsel the Early Childhood Development Division of the Department;
Review regulations proposed by State agencies regulating child care to ensure coordination and consistency;
Review issues and problems relating to care of children and suggest priorities for consideration by the Early Childhood Development Division; and
Identify interdepartmental issues of importance to child care providers and users that should be addressed by the Early Childhood Development Division and other State agencies.
In this subtitle, “Office” means the Office of Child Care within the Department.
There is a Child Care Accreditation Support Fund.
The Fund may only be used by the Office to:
Pay for the actual expense of an application fee for an approved accrediting organization on behalf of a provider; or
Reimburse a child care provider for a program improvement cost.
The Governor shall appropriate in the annual budget at least $1,000,000 for the Fund beginning in fiscal year 2021.
There is a Child Care Incentive Grant Program.
The Office may award funding to a child care provider through the program for the purpose of improving the child care provider’s quality of care through the purchase of Office–approved:
Materials;
Equipment; or
Supplies.
For each of fiscal years 2022 through 2030, funding for the program shall increase by 10% over the prior fiscal year.
There is a Maryland Child Care Credential Program.
An individual may apply to the Office for a staff credential, including a child development associate credential, or an administrator credential under this subsection.
If a person pursues, obtains, or already holds an Office–approved credential, the Office may award to the individual:
An achievement bonus;
A training reimbursement; or
A training voucher.
The Governor shall appropriate $4,000,000 for the program for fiscal year 2021.
For each of fiscal years 2022 through 2024, funding for the program shall increase by 10% over the prior fiscal year.
For fiscal year 2026, the Governor shall appropriate for the program an amount that is at least equal to the amount appropriated in fiscal year 2024.
For each of fiscal years 2028 through 2030, the Governor shall appropriate $5,687,000 for the program.
There is a Child Care Career and Professional Development Fund.
The Office may award funding from the Fund to an individual who has:
Obtained at least a level 2 in the Maryland Child Care Credential Program under § 9.5–904 of this subtitle;
Documented at least 1 year of experience working with groups of children in an approved setting;
Been accepted by an accredited college or university for enrollment in at least one course for credit toward a degree in early childhood education or a related field; and
Committed to work in an approved child care setting for at least 20 hours per week for a period of time determined by the Office after completing the course of study under subsection (d)(2) of this section.
To carry out the purpose of the Program, awards shall be prioritized to the following applicants:
An applicant who has not completed any college courses for credit from an accredited college or university; and
An applicant who attends or has been accepted by an accredited college or university that offers native language or bilingual coursework in early childhood education or a related field.
An award under this section may only be:
Applied toward the cost of:
Tuition and fees; or
Textbooks required by a course in which the awardee is enrolled; and
Used by the awardee for the actual expense of college coursework incurred subsequent to an award toward the completion of:
A college degree in early childhood education or a related field; or
Developmental coursework required to meet prerequisites for a degree program in early childhood education or a related field.
Except as provided in paragraph (2) of this subsection, in accordance with regulations adopted by the Department, an award recipient shall repay the Office the funds received under this section if the recipient does not perform the service obligation required under subsection (b)(4) of this section.
The Office may waive or defer payment if the recipient provides to the Office satisfactory evidence of extenuating circumstances, including illness or disability, that prevent the recipient from fulfilling the service obligation required under subsection (b)(4) of this section.
The Office shall award a program that participates in the Maryland EXCELS Program a bonus:
On initial publication of a quality rating level 1, 2, 3, or 4;
On each publication of a higher quality rating level after the initial publication;
On initial publication of a quality rating level 5; and
Annually on renewal and republication of a quality rating level 5.
The Governor shall appropriate in fiscal year 2023 $5,000,000.
For each of fiscal years 2024 through 2028, funding for the program shall increase by 10% over the prior fiscal year.
Priority in providing awards under this subtitle shall be given to child care providers or programs that published a quality rating level of 2 in the Maryland EXCELS Program on or before June 30, 2022.
The Department shall designate a primary contact employee for early child care in the Office.
The Department’s primary contact employee shall be appointed by the Director of the Office.
The Department’s primary contact employee shall:
Assist child care providers and individuals to understand the process for publishing in EXCELS and improving quality rating; and
Actively assist child care providers and individuals to apply for accreditation and funds provided by this subtitle.
In this section the following words have the meanings indicated.
“Applicant” means a parent who has applied to receive services from a family support center in the network of community–based family support centers.
“Center” means a family support center operated by a provider under a contract with the Intermediary.
“Intermediary” means the Department or a designee of the Department that provides management for the operation of the State’s network of community–based family support centers.
“Parent” means the biological or adoptive parent of a child.
“Parent” includes a legal guardian of a child.
“Provider” means an agency or individual who contracts with the Intermediary to operate a center.
A family support center shall be known as a “Patty Center”.
A family support center shall provide parents and their children with a hospitable and constructive environment and services that:
Improve parenting skills;
Develop the family as a functioning unit; and
Promote the growth and development of their children.
For fiscal year 2021, the State shall provide funding for six additional centers.
For each of fiscal years 2022 through 2029, the State shall provide funding for three additional centers per fiscal year.
The Governor shall appropriate in each of fiscal years 2021 through 2030 $330,000 for each additional center required under this subsection.
The Department shall select the location for the centers funded under subsection (c) of this section.
A family support center may receive multiyear funding.
If a family support center receives multiyear funding, funding may be used for planning and development in the first year of funding for the family support center.
A center shall provide services including:
Parental skills training, parent education classes, and other related activities;
Health care counseling;
Diagnostic and assessment services to identify a child’s potential developmental disabilities;
Child care for parents while parents are participating in center–based services;
Peer support activities, including recreational and social activities;
Educational services such as GED and postsecondary credentials; and
Pre–employment counseling and skill development to assist the parent in securing and maintaining employment.
A center shall provide services to a child and the child’s parents, grandparents, and other family members to the extent possible.
A center may provide other services if approved by the Intermediary.
Before operating a center, the provider shall submit to the Intermediary a plan that describes the:
Services to be provided;
Manner in which the services are provided; and
Staff who will provide services at the center and training for other staff.
The provider, in accordance with the plan:
Shall employ staff;
May recruit, train, and supervise volunteers; and
Shall operate the center during periods of time, including, if necessary, weekends and nights, to accommodate parents’ needs.
The plan shall describe the methods to be used to refer parents to other entities that provide services not available at the center.
In this subtitle the following words have the meanings indicated.
“Outdoor, nature–based early learning and child care program” means an early learning or child care program:
That is primarily operated outdoors; and
In which children are enrolled on a regular basis for 3 or more hours per day.
“Pilot Program” means the Outdoor Preschool License Pilot Program.
There is an Outdoor Preschool License Pilot Program.
The Department shall administer the Pilot Program.
The Department shall convene an advisory group of outdoor, nature–based early learning practitioners to inform and support the implementation of the Pilot Program.
The advisory group shall include representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools and other stakeholders with expertise in outdoor, nature–based early learning and child care.
The purpose of the Pilot Program is to license outdoor, nature–based early learning and child care programs in order to:
Expand access to affordable, high–quality early learning and child care programs; and
Investigate the benefits of outdoor, nature–based classrooms.
On or before August 31, 2023, the Department shall begin to promulgate regulations necessary to comply with § 9.5–1102(a) and (b) of this subtitle.
The Pilot Program shall begin on or before August 31, 2024, and shall continue for 4 school years.
Except as provided in paragraph (4) of this subsection, the Department shall select between 5 and 10 outdoor, nature–based early learning and child care programs to participate in the Pilot Program during the first year of the Pilot Program.
If the Department receives fewer than 5 applications that meet the rules and regulations for licensure and operation of outdoor, nature–based early learning and child care programs under subsection (c) of this section, the Department shall select for approval all applicants that qualify.
When selecting and approving outdoor, nature–based early learning and child care programs to participate in the Pilot Program, the Department:
Shall give priority to:
Existing outdoor, nature–based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and
Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into nature–based early learning;
Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and
May give priority to:
Areas where there are few or limited licensed early child care programs; and
Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.
The Department shall adopt rules and regulations for the licensure and operation of outdoor, nature–based early learning and child care programs.
The regulations shall include provisions for:
Bathroom use and diaper changing;
Hand washing;
Sheltering during inclement weather;
Correct child–to–staff ratios for the outdoor setting;
The safe storage of and ready access to medication;
Accommodations for children with disabilities;
The safe storage and preparation of food;
Establishing safe boundaries in unenclosed outdoor spaces and boundaries around hazards;
Proper outdoor clothing for children;
Access to potable drinking water; and
Appropriate sleeping areas for naps.
In adopting rules and regulations under this subsection, the Department may adapt existing child care licensing requirements to allow for the operation of the Pilot Program.
In adopting rules and regulations under this subsection, the Department shall consult with stakeholders that have expertise in providing outdoor, nature–based early learning and child care, including representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools.
On or before December 1 of 2025 and 2026, the Department shall submit interim reports to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Pilot Program, including:
The number of participating providers in the Pilot Program;
The number of children and families being served by the Pilot Program;
The number of participating providers who enrolled in the Maryland EXCELS Program;
The number of children in the Pilot Program who participated in the Child Care Scholarship Program; and
The number of children in the Pilot Program served by the Infant and Early Childhood Mental Health Support Services Program.
On or before December 1, 2027, the Department shall submit a final report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the findings of the Pilot Program, including recommendations for continuing, modifying, or expanding the Pilot Program.
In this title the following words have the meanings indicated.
“Operator” means a private nonprofit entity that establishes a pilot under the Program.
“Pilot” means an adult high school established by an operator under the Program.
“Program” means the Adult High School Pilot Program.
“Wraparound services” means individualized services, excluding regular school programs and services, that are provided to the student and the student’s family.
“Wraparound services” includes:
Child care;
Transportation;
Housing referrals;
Mental health;
Crisis intervention;
Substance abuse prevention or treatment; and
Legal aid.
There is an Adult High School Pilot Program.
The general purpose of the Program is to establish an alternative method for adults who did not graduate from high school to earn a high school diploma and potentially to earn postsecondary education credits and industry–recognized certification in an environment that meets the needs of the adult learner.
The Program is under the authority and supervision of the Department and the Maryland Department of Labor.
The Department, in consultation with the Maryland Department of Labor, may approve up to six pilots.
A pilot established under the Program shall:
Operate from a fixed physical location;
Enroll students who:
Are 21 years old or older;
Do not have a high school diploma; and
Did not complete the requirements for high school graduation through GED testing or a National External Diploma program;
Enroll a maximum of 350 students;
Offer wraparound services necessary for the adult learner; and
Grant a Maryland high school diploma on completion of the required course of study.
When considering whether to approve a pilot under this section, the Department and the Maryland Department of Labor shall:
Give priority to a pilot located in a county or geographic area located within a county that has a high school attainment rate that is lower than the State average high school attainment rate;
Consider geographic diversity in locations for the pilots; and
Approve one pilot in a rural area for each two pilots approved in urban areas.
A pilot established under the Program is not a public school for public financing purposes under Title 5 of this article.
To establish a pilot under the Program, an applicant shall submit to the Department and the Maryland Department of Labor a plan that describes in detail the pilot operator, the pilot program description, the proposed curriculum, assessment procedures, performance standards, wraparound services, the budget, and the proposed bylaws adopted by the pilot’s Advisory Board.
The plan under paragraph (1) of this subsection shall include:
The proposed curriculum and performance standards that align with the Maryland College and Career Ready Standards;
Initial student intake assessment procedures;
Plans for the provision of remedial instruction to prepare students for secondary–level academic instruction, if necessary;
Plans for working with students with disabilities;
A description of assessment instruments for measuring student progress and college and career readiness;
A description of any programs or partnerships with organizations or businesses for providing job skills, industry certifications, or higher education credits;
The wraparound services offered;
A description of the advisory and coaching services that provide support for students to:
Establish career pathways in high need and growth industry sectors; and
Make effective transitions into postsecondary education and industry credentialing opportunities;
The pilot’s governance plan;
A detailed budget for the initial 3–year operating period that demonstrates the pilot’s financial self–sufficiency; and
Plans for working with English language learners.
Within 60 days of the date of receipt of a plan submitted under subsection (a) of this section:
The Department, in consultation with the Maryland Department of Labor, shall approve or disapprove the pilot’s curriculum; and
If the Department approves the pilot’s curriculum under item (1) of this subsection, the Department, in consultation with the Maryland Department of Labor, shall approve or disapprove the applicant’s plan and pilot.
Except as provided in paragraph (2) of this subsection, within 30 days of the date of approval of the plan and pilot under subsection (b)(2) of this section and in accordance with the authority of the State Board under § 2–205 of this article to grant waivers from regulations adopted by the State Board, the State Board shall grant the pilot a waiver from any regulation that conflicts with the purpose and goals of the pilot’s plan approved by the Department, including the student service requirement in COMAR 13A.03.02.05.
A waiver required under paragraph (1) of this subsection may not be granted related to assessment requirements in COMAR 13A.03.02.06.
A pilot shall:
Be subject to the requirements of § 504 of the Rehabilitation Act of 1973; and
Provide accommodations equal to those a student would qualify for under the Individuals with Disabilities Education Act if a student has a disability with an educational impact.
The Department and the Maryland Department of Labor shall establish qualifications for operators of pilots under the Program.
The qualifications shall, at a minimum, require an operator to:
Be registered as a nonprofit organization in the State;
Have previous experience and measured success in providing education services to adult learners, including industry certification and job placement services;
Have previous experience providing education services or workforce development services to adult learners who have been limited by educational disadvantages, a disability, a criminal record, or similar barriers to employment opportunities;
Have secured financing to develop or the capability to secure financing for the development of a physical site for the pilot; and
Hire appropriately trained instructional personnel.
An operator may be a partnership of two or more persons that meet the qualifications required under this subsection.
The operator shall adopt written standards for the admission and dismissal of students.
The standards and any amendments shall be submitted to the Department and the Maryland Department of Labor for approval.
The operator may partner with:
A county board of education; or
A public institution of higher education in the State if the operator intends to provide course work for college credit.
An Advisory Board shall govern a pilot.
An Advisory Board shall consist of at least 11 members and not more than 25 members.
Of the Advisory Board members:
One shall be appointed by the Department;
One shall be appointed by the Maryland Department of Labor; and
The remaining members shall be selected in accordance with the bylaws of the pilot.
A vacancy shall be filled in the same manner in which the vacating member was appointed or selected.
The Advisory Board shall determine its officers.
The Program may provide grants to pilots approved under and operating in accordance with this title.
For fiscal year 2022, the Governor shall include in the annual budget bill a federal fund or a general fund appropriation of $250,000 to the Program.
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill a federal fund or a general fund appropriation of $250,000 for each pilot approved and operating in accordance with this title.
The operator or Advisory Board of a pilot may apply for and accept donations, grants, or other financial assistance from a governmental entity or any nonprofit or other private organization.
An operator shall conduct an evaluation of the pilot each year.
The operator, after receiving approval of the Advisory Board, shall submit to the Department and the Maryland Department of Labor an evaluation report for the prior fiscal year that includes:
The academic and career progress of each student enrolled in the pilot; and
The pilot’s fiscal year financial report.
Beginning October 1, 2018, and on or before October 1 each year thereafter, the operator of a pilot shall submit to the Department and the Maryland Department of Labor the following information for the prior fiscal year:
Whether students enrolled in the pilot are on track for completion in a time determined to be reasonable by the Advisory Board of the pilot;
The academic levels of the students at the time of enrollment in the pilot;
The number of:
Credits students completed; and
Students who completed and graduated from the pilot;
The academic progress of the students as measured by the student intake assessment instrument and the assessment instrument used;
The graduation rate;
The number of postsecondary education credits earned and the types of credits sought;
The number of industry credentials earned and the types of industry credentials; and
Any reported postgraduation employment.
On or before December 1, 2020, the Department and the Maryland Department of Labor shall jointly submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report that includes:
An evaluation of each pilot approved under this subtitle;
A recommendation as to expansion, continuation, modifications to, or termination of the Program;
Demographic information on student enrollment under the Program; and
The fiscal solvency of the Program.
If the Department and the Maryland Department of Labor agree that the Program is not effective, the Department and Maryland Department of Labor shall send written notice to the pilots that the Program has been discontinued.
The Department and the Maryland Department of Labor shall jointly adopt regulations to implement the Program.
In this title the following words have the meanings indicated.
“Community school” means a public school that establishes a set of strategic partnerships between the school and other community resources that leverage shared accountability, collaborative leadership, capacity building, and authentic family and community engagement, using a student–centered framework to promote inclusive student achievement, positive learning conditions, and the well–being of students, families, educators, and the community through a variety of engaging practices including the provision of wraparound services.
“School–community partnership” means a partnership between a local school system or an existing public school and a community–based organization or agency for the purpose of planning and implementing a community school.
“Trauma–informed intervention” means a method for understanding and responding to an individual with symptoms of chronic interpersonal trauma or traumatic stress.
“Wraparound services” means:
Extended learning time, including before and after school, weekends, summer school, and an extended school year;
Safe transportation to and from school and off–site learning opportunities, including apprenticeship programs;
Vision, hearing, and dental care services;
Establishing or expanding school–based health center services;
Additional social workers, mentors, counselors, therapists, psychologists, and restorative practice coaches;
Enhancing physical wellness, including providing healthy food for in–school and out–of–school time and linkages to community providers;
Enhancing behavioral health services, including access to mental health practitioners and providing professional development to school staff to provide trauma–informed interventions;
Providing family and community engagement and supports, including informing parents of academic course offerings, language classes, workforce development training, opportunities for children, and available social services as well as educating families on how to monitor a child’s learning;
Establishing and enhancing linkages to Judy Centers and other early education programs that feed into the school;
Enhancing student enrichment experiences, including educational field trips, partnerships, and programs with museums, arts organizations, and cultural institutions;
Offering evidence–based in–school and in–person tutoring, and other evidence–based academic interventions to improve student outcomes focused on individual and small group instruction, provided during the school day;
Improving student attendance and chronic absenteeism;
Improving the learning environment at the school; and
Any professional development for teachers and school staff to quickly identify students who are in need of these resources.
The purpose of a community school is to help students and families overcome the in–school and out–of–school barriers that prevent students from learning and succeeding over the course of their lives by having an integrated focus on academics, health and social services, youth and community development, and authentic family and community engagement.
There are community schools in the State.
A community school shall:
Promote active family and community engagement, including educational opportunities for adults and family members of students at the school who live in the neighborhood of the school;
Have at least one community school coordinator, as described under § 9.9–104 of this title;
Implement, in a manner responsive to the needs assessment required under § 9.9–104 of this title, expanded and enriched learning time and opportunities provided after school, during weekends, and in the summer that emphasize mastering 21st–century skills through practical learning opportunities and community problem–solving;
Implement collaborative leadership and accountability practices that empower parents, students, teachers, principals, and community partners to build a culture of professional learning, collective trust, and shared responsibility using strategies such as site–based leadership teams and teacher learning communities;
Have a parent teacher organization or a school family council; and
Have a community school leadership team, including members who represent students, families, and educators.
There shall be a Director of Community Schools within the Office of Community Schools and Expanded Learning Time in the Department.
The Director of Community Schools in the Department shall coordinate professional development for community school coordinators at each community school.
The Director of Community Schools shall support the outreach and implementation of State programs for children in community schools.
The Director of Community Schools shall create a common needs assessment tool that each community school coordinator shall use in order to complete the needs assessment required under § 9.9–104 of this title.
The Director of Community Schools shall consult with local school systems and members of the community schools’ leadership teams in order to determine the correct content to include in the common needs assessment tool.
The Director of Community Schools shall develop an evaluation form to be used by local school systems to complete the evaluation required under § 5–223 of this article.
In addition to the funding provided for the Director of Community Schools position in the Department, the Governor may include in the annual budget bill an appropriation to the Department for the Director of Community Schools to provide training and technical assistance to community schools and for additional staff.
The Office of Community Schools and Expanded Learning Time may hire staff to support the Director of Community Schools in providing direct guidance and direction to local school systems and community school coordinators.
A community school shall have an experienced and qualified community school coordinator who:
Is hired at the appropriate administrative level;
Understands, respects, and demonstrates a high degree of cultural awareness of and competency in the diversity in the community and in cross–cultural practice with stakeholders; and
May be employed by the school district.
A community school coordinator may be a social worker.
A community school coordinator shall be responsible for:
Establishing a community school;
Completing an assessment of the needs of the students in the school for appropriate wraparound services to enhance the success of all students in the school;
Developing an implementation plan based on the assessment of needs for the community school, in cooperation with other interested stakeholders; and
Coordinating support programs that address out–of–school learning barriers for students and families, including:
Wraparound services; and
As appropriate:
Tutoring;
English language learner courses;
Early childhood development and parenting classes;
College and career advising;
Employment opportunities;
Citizenship education;
Food pantries;
Rental assistance, in accordance with § 9.9–104.1 of this title; and
School–based behavioral and physical health services.
The needs assessment completed under this subsection shall:
Be completed in collaboration with:
The principal;
A school health care practitioner;
A parent teacher organization or a school council; and
Members of the community schools’ leadership teams;
Include an assessment of the physical, behavioral, mental, social, and emotional health needs and wraparound service needs of students, their families, and their communities;
Be completed using the common needs assessment tool developed by the Director of Community Schools under § 9.9–103 of this title, when the tool is available;
Be submitted to the Department and the local school system within 1 year of receiving a personnel grant under § 5–223 of this article or within 1 year of becoming a community school; and
Be published online.
The Department may establish requirements for school implementation plans and countywide community school implementation plans.
The implementation plan completed under this subsection shall include:
A strategy for providing wraparound services to address the needs of the students, their families, and their communities, building on and strengthening community resources near the school;
A set of measurable goals tied to the priorities identified in the needs assessment that will be measured at least once every 2 years by the community school coordinator and principal to determine progress toward meeting the goals;
Inclusion, if possible and practicable, of community partners in geographic proximity to the school that can assist in meeting the needs identified in the assessment;
Ensure that time is made available to train staff on the supports available, the need for the supports, and how to engage with the community schools coordinator to access these supports; and
Develop strategies to maximize external non–State or non–local education funding.
The implementation plan shall be submitted to the local school system for approval within 1 year of completion of the needs assessment.
A community school coordinator shall review the implementation plan at least once every 2 years to determine whether the community school is meeting students’ needs and making progress toward the measurable goals established under paragraph (4)(ii) of this subsection.
A community school coordinator shall alter the implementation plan, using the common needs assessment tool, and the provision of wraparound services to address changes in students’ needs.
An updated implementation plan shall be submitted to the local school system for approval.
If the Department determines that a community school has not expended funds in accordance with an approved implementation plan submitted under § 5–223(h) of this article, the Department may direct a county board to expend a reasonable percentage of the funds due to the community school under § 5–223(e) of this article on behalf of the community school in accordance with the approved implementation plan.
A school system that is authorized to expend funds on behalf of a community school under § 5–223(g) of this article shall develop countywide community school implementation plans that incorporate school–level implementation plans.
The countywide implementation plan shall include a set of measurable goals tied to the priorities identified in the needs assessment that will be measured at least every 2 years by the community school coordinator to determine progress toward meeting the goals.
In this section the following words have the meanings indicated.
“Fund” means the Rental Assistance for Community School Families Fund.
“Program” means the Rental Assistance for Community School Families Program.
There is a Rental Assistance for Community School Families Program.
The purpose of the Program is to provide rental assistance to eligible student households at community schools.
The Program shall be administered by the Department of Housing and Community Development, in consultation with the Department.
To be eligible for rental assistance under the Program, a community school student must be:
Enrolled in a community school that receives funding under § 5–223 of this article; and
From a household:
That is housed in a rental property, where at least one household member is at risk of homelessness or housing instability, as evidenced by past due rent or utility notices, unsafe living conditions, or other evidence determined by the Department of Housing and Community Development; or
Where at least one member qualifies for assistance under the federal McKinney–Vento Homeless Assistance Act.
Eligible uses for payments under the Program include:
Rental payments;
Rental arrears;
Fines or fees associated with rental payments, including a late fine or fee;
Utility payments;
Utility arrears;
Fines or fees associated with utility payments, including a late fine or fee; or
Relocation expenses.
Except as provided in paragraph (3) of this subsection, an eligible student’s household may receive support from the Program for up to 12 months.
Subject to the availability of funding, an eligible student’s household may receive one 3–month extension of support if the community school student remains eligible under subsection (d) of this section following 12 months of support.
There is a Rental Assistance for Community School Families Fund.
The Department of Housing and Community Development shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only to:
Provide rental assistance in accordance with the Program; and
Cover the costs of the Department of Housing and Community Development to administer the Fund.
The Governor may include in the annual budget bill an appropriation of $10,000,000 for the Fund.
Subject to the approval required under § 9.9–106 of this title, a local school system or an existing public school may form a school–community partnership for the planning and implementation of a community school.
A community school or the school’s community school coordinator may solicit the assistance and support of community partners when fulfilling the requirements of this title, including local management boards created under Title 8, Subtitle 3 of the Human Services Article.
This section does not apply to a community school that receives funding under § 5–223 of this article.
A local school system shall review and approve a community school.
A community school may not be implemented without the approval of a local school system.
Local governments are expected to demonstrate support for a community school through meaningful partnerships, the adoption of supportive policy, and assistance that is supplemental to and does not supplant existing efforts.
This section does not apply to a community school that receives funding under § 5–223 of this article.
A local school system shall make public school funding available to a community school.
Eligible interventions for which a community school may receive funding include academic services, parental involvement programs, physical and behavioral health services, and community involvement programs.
Academic services include:
Academic support and enrichment activities;
Counseling;
Job training, internship opportunities, higher education advising, and career, apprenticeship, and employment opportunities;
Programs that provide assistance to students who are chronically absent, tardy, suspended, or expelled;
Specialized instructional support services; and
Early childhood education, including Head Start or Early Head Start.
Parental involvement programs include:
Programs that promote and encourage parental involvement and family literacy;
Parent leadership development and advocacy activities; and
Parenting education activities.
Physical and mental health services include:
Mentoring and other youth development services, including after school and summer learning opportunities and services;
Juvenile justice system involvement prevention, reentry, rehabilitation, and restorative practices;
Home visitation services;
Developmentally appropriate physical education;
Nutrition services;
Primary health and dental care; and
Mental health and counseling services.
Community involvement programs include:
Service and service–learning opportunities;
Adult education, including English as a second language classes;
Homelessness prevention and permanent housing services; and
Other services designed to meet the needs of the community school and the community as identified by the community school leadership team and in accordance with the plan developed under § 9.9–104(b) of this title.
A community school or the community school coordinator may solicit the assistance and support of community partners when fulfilling the requirements of this section.
In this title the following words have the meanings indicated.
“Inspector General” means the Inspector General in the Maryland Office of the Inspector General for Education.
“Office” means the Maryland Office of the Inspector General for Education.
There is a Maryland Office of the Inspector General for Education.
The Office is an independent unit of the State.
The purpose of the Office is to provide accountability and transparency in the expenditure of public funds for education in the State.
All expenses and operations related to the administration of the Office shall be separately identified and independent of any other unit of State government.
There is an Inspector General in the Maryland Office of the Inspector General for Education.
An individual is eligible to be the Inspector General only if the individual executes an affidavit stating that the individual will not accept appointment to, or be a candidate for, a State or local office:
During the period of service as the Inspector General; and
For at least 3 years immediately after the individual last serves as the Inspector General.
The Inspector General shall renew the affidavit every 2 years during the period of service.
A failure to renew the affidavit under this subsection shall subject the Inspector General to removal from office under this section.
The Inspector General shall be appointed unanimously by the Governor, the Attorney General, and the State Treasurer, subject to the advice and consent of the Senate.
The term of the Inspector General is 5 years, beginning July 1 after the appointment of the Inspector General.
At the end of a term, the Inspector General shall continue to serve until a successor is appointed.
If a vacancy occurs in the Office, an Interim Inspector General shall be appointed as a successor to serve for the remainder of the unexpired term.
The Inspector General may be removed unanimously by the Governor, the Attorney General, and the State Treasurer for:
Misconduct in office;
Persistent failure to perform the duties of the Office; or
Conduct prejudicial to the proper administration of justice.
Subject to paragraph (2) of this subsection, the Inspector General shall be professionally qualified through experience or education in at least one of the following areas:
Law;
Auditing;
Government operations;
Financial management; or
Education policy.
If the Inspector General is professionally qualified in the area of education policy, the Inspector General also shall be professionally qualified through experience or education in at least one of the other areas listed in paragraph (1) of this subsection.
The Inspector General is entitled to the salary provided in the State budget.
Funding for the Office shall be as provided in the State budget.
Except as provided in paragraph (2) of this subsection, the Inspector General shall be responsible for examining and investigating the matters listed in subsection (b) of this section with respect to the management and affairs of the following entities:
County boards, local school systems, and public schools;
Nonpublic schools that receive State funds;
The Department; and
The Interagency Commission on School Construction.
The Inspector General may not examine or investigate a nonpublic school that does not receive State funds.
The Inspector General may receive and investigate complaints or information concerning:
Instances of fraud, waste, or abuse involving the use of public funds and property;
Violations of civil rights, as defined in federal or State laws, of students or employees of the entities listed in subsection (a) of this section;
Whether policies and procedures governing the prevention and reporting of child abuse and neglect comply with applicable federal and State laws on child abuse and neglect; and
Compliance with other applicable federal and State laws.
The Inspector General may not disclose the identity of the source of a complaint or information provided under subsection (b) of this section unless the Inspector General:
Obtains the written consent of the source; or
Determines that disclosure of the identity of the source is necessary and unavoidable during the course of the investigation.
If the Inspector General determines that disclosure of the identity of a source is necessary and unavoidable, the Inspector General shall notify the source in writing at least 7 days before disclosure.
Except as provided in paragraph (2) of this subsection, during an investigation conducted in accordance with this title, the Inspector General shall have access to all records, data, reports, contracts, correspondence, or other documents of an entity listed under subsection (a) of this section that is the subject of the investigation.
The Inspector General may not access or compel the production of documents that are:
Protected under the attorney–client privilege; or
Confidential or privileged under applicable provisions of federal or State law.
During an investigation conducted in accordance with this title, the Inspector General may:
Seek and obtain sworn testimony; and
Issue subpoenas as necessary to compel the production of documents and records or the attendance of witnesses.
A subpoena may be served in the same manner as one issued by a circuit court.
A person may have an attorney present during any contact with the Inspector General.
The Inspector General shall advise a person of the right to counsel when a subpoena is served.
The Inspector General immediately may report the failure of a person to obey a lawfully served subpoena to the circuit court of the county that has jurisdiction.
The Inspector General shall provide a copy of the subpoena and proof of service to the circuit court.
After conducting a hearing at which the person who allegedly failed to comply with a subpoena has an opportunity to be heard and represented by counsel, the circuit court may grant appropriate relief.
A State or local agency, county board, nonpublic school, or public official may not take adverse, retaliatory action against an individual because the individual cooperated with or provided information to the Inspector General.
Records or information provided to, prepared for, or obtained by the Inspector General in connection with an investigation are confidential and not subject to disclosure under the Public Information Act.
If the Inspector General finds or has reasonable grounds to believe that there has been a criminal violation of federal or State law, the Inspector General shall notify and refer the matter to the appropriate federal, State, or local law enforcement authority, local State’s Attorney’s office, Office of the Attorney General, Office of the State Prosecutor, or federal agency.
If the Inspector General identifies an issue of concern that would not constitute a criminal violation of State law, the Inspector General may report the issue of concern to the State Superintendent, the State Board, the Interagency Commission on School Construction, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The Inspector General may appoint and employ professional and clerical staff, including attorneys, accountants, auditors, analysts, and investigators, as appropriated in the annual State budget, to conduct the work of the Office.
On or before December 1 each year, the Office shall submit a report to the State Superintendent, the State Board, the Interagency Commission on School Construction, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The report shall include information on:
The Office’s goals and priorities for the upcoming year;
The Office’s activities during the preceding year;
The number of incidents, in the aggregate, and a general summary of the nature of the reported incidents, referred to the appropriate federal, State, or local law enforcement authority, local State’s Attorney’s office, Office of the Attorney General, Office of the State Prosecutor, or federal agency during the preceding year;
Specific findings and recommendations relating to:
Instances of fraud, waste, or abuse involving the use of public funds and property;
Violations of the civil rights of students or employees;
Policies and procedures related to child abuse and neglect and compliance with applicable federal and State laws; and
Compliance with other applicable federal and State laws; and
Any regulatory or statutory changes necessary to ensure compliance with applicable federal and State laws.
In this title the following words have the meanings indicated.
“Fund” means the Maryland Farm–to–School Meal Grant Fund.
“Local” means an agricultural product grown, harvested, produced, or processed from a certified local farm.
“Pilot program” means the Maryland Farm–to–School Meal Grant Pilot Program.
There is a Maryland Farm–to–School Meal Grant Pilot Program in the Department.
The purpose of the pilot program is to incentivize the production, procurement, and provision of local foods in school meals by awarding grants in accordance with this title.
There is a Maryland Farm–to–School Meal Grant Fund.
The Department, in coordination with the Department of Agriculture, shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund shall be used to award grants to eligible school districts to implement the Maryland Farm–to–School Meal Grant Pilot Program.
A local school district is eligible to receive a grant award from the Fund if the local school district operates reimbursable federal nutrition programs.
The Department shall award grants from the Fund in accordance with this section to eligible local school districts in an amount equivalent to 20 cents for each meal that the school district expects to offer that will include a local food component.
The local school district may determine the meals, participating schools, and time frame for which the local school district may include a local food component.
A local school district may use grant money for the purchase, processing, procurement, staffing, or infrastructure investments needed to meet the number of meals with a local food component.
In awarding grants under this section, the Department shall prioritize local school districts that:
Demonstrate how meal reimbursements would support the development, cultivation, and longstanding commitment to the incorporation of local food components into school meals; and
Demonstrate arrangements that support minority or socially disadvantaged producers, processors, distributors, or businesses.
On or before July 1, 2023, and July 1, 2024, in accordance with § 2–1257 of the State Government Article, the Department shall submit an interim report to the General Assembly that provides an evaluation of the pilot program.
On or before July 1, 2025, the Department shall submit a final report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the pilot program, including a recommendation on whether or not the pilot program should be continued.
In this division the following words have the meanings indicated.
“Charter” means the Maryland Charter for Higher Education.
“Commission” means the Maryland Higher Education Commission.
“For–profit institution of higher education” means an institution of higher education that generally limits enrollment to graduates of secondary schools, awards degrees at the associate, baccalaureate, or graduate level, and is not a public or private nonprofit institution of higher education.
“Governing board” means:
The Board of Regents of the University System of Maryland;
The Board of Regents of Morgan State University;
The Board of Trustees of St. Mary’s College of Maryland; and
The Board of Trustees of Baltimore City Community College.
“Governing body” means:
A governing board;
A board of trustees of a community college;
The governing entity of private nonprofit institutions of higher education;
The governing entity of a for–profit institution of higher education; or
The governing entity of a regional higher education center.
“Independent institution of higher education” means a private nonprofit institution of higher education that generally limits enrollment to graduates of secondary schools, serves a public purpose, and awards degrees at the associate, baccalaureate, or graduate level.
“Institution of higher education” means an institution of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at either the associate, baccalaureate, or graduate level.
“Institution of higher education” includes public, private nonprofit, and for–profit institutions of higher education.
“Institution of postsecondary education” means a school or other institution that offers an educational program in the State for individuals who are at least 16 years old and who have graduated from or left elementary or secondary school.
“Institution of postsecondary education” does not include:
Any adult education, evening high school, or high school equivalence program conducted by a public school system of the State; or
Any apprenticeship or on–the–job training program subject to approval by the Apprenticeship and Training Council.
“Private career school” means a privately owned and privately operated institution of postsecondary education other than an institution of higher education that furnishes or offers to furnish programs, whether or not requiring a payment of tuition or fee, for the purpose of training, retraining, or upgrading individuals for gainful employment as skilled or semiskilled workers or technicians in recognized occupations or in new and emerging occupations.
“Private nonprofit institution of higher education” means an institution of higher education that:
Benefits no person through any part of its net earnings;
Is legally authorized to operate as a nonprofit organization by each state in which it is physically located;
Is determined by the Internal Revenue Service to be an organization to which contributions are tax–deductible in accordance with 26 U.S.C. 501(c)(3); and
Generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level.
“Private nonprofit institution of higher education” includes an independent institution of higher education.
“Private nonprofit institution of higher education” does not include an institution engaging in a reportable incident unless the Commission has determined that the incident does not constitute private inurement.
“Program” or “educational program” means an organized course of study that leads to the award of a certificate, diploma, or degree.
“Public senior higher education institution” means:
The constituent institutions of the University System of Maryland and the University of Maryland Center for Environmental Science;
Morgan State University; and
St. Mary’s College of Maryland.
“Regional higher education center” means a higher education facility in the State that:
Is operated by a public institution of higher education in the State or a private nonprofit institution of higher education operating under a charter granted by the General Assembly and includes participation by two or more institutions of higher education in the State;
Consists of an array of program offerings from institutions of higher education approved to operate in the State by the Commission or by an act of the General Assembly that specifically satisfies the criteria set forth in § 10–212(b) of this title;
Offers multiple degree levels; and
Is either approved by the Commission to operate in the State or is established by statute.
“Reportable incident” means any of the following as reportable on a private nonprofit institution of higher education’s Form 990 of the Internal Revenue Service:
The engagement in an excess benefit transaction with a disqualified person;
The providing of a grant or other assistance by the institution to a member of the governing body;
The reporting of receivables from or payables to a member of the governing body;
The institution was a party to a business transaction connected to a member of the institution’s governing body;
The institution was a party to a prohibited tax shelter transaction;
The institution participated in an equity–based compensation arrangement; or
The institution paid compensation contingent on the revenue of the institution or any related organization.
“Secretary” means the Secretary of Higher Education.
“State Plan for Higher Education” means the plan for postsecondary education and research required to be developed by the Maryland Higher Education Commission under § 11–105(b) of this article.
This subtitle is the Maryland Charter for Higher Education which is a statement of policy for higher education in Maryland.
Public higher education in Maryland should be based on the following principles:
The people of Maryland expect quality in all aspects of public higher education: teaching, research, and public service;
Public higher education should be accessible to all those who seek and qualify for admission;
Public higher education should provide a diversity of quality educational opportunities;
Adequate funding by the State is critical if public higher education is to achieve its goal;
The people of Maryland are entitled to efficient and effective management of public higher education;
The people of Maryland are entitled to capable and creative leadership in public higher education; and
Public higher education should be committed to promoting diversity and inclusion at each institution by attracting and graduating a diverse student body committed to service.
It is the goal of the State that public senior higher education institutions be funded at 100 percent of funding guidelines developed by the Maryland Higher Education Commission.
Funding policies shall allocate State resources efficiently while providing incentives for quality and institutional diversity.
Funding proposals for public senior higher education institutions shall include:
Base funding in accordance with the role and mission of the institution, as approved by the Maryland Higher Education Commission;
Special initiative funding:
For academic programs at historically Black colleges and universities; and
For the reward of academic innovation and enhancement; and
Capital funding to support construction, operation, and maintenance of a physical plant that is consistent with each institution’s mission.
Funding proposals for regional higher education centers may include:
Ongoing operating support to provide access to affordable postsecondary education in unserved and underserved areas of the State;
Incentive funding to promote collaboration among the institutions of higher education and regional higher education centers; and
Capital funding to support construction, operation, and maintenance of a physical plant consistent with the approved mission statement of the center.
Operating funds for each regional higher education center that is administered by the University System of Maryland shall be included in the appropriation of the system office as a separate line item in the Governor’s operating budget.
Student financial aid programs should be developed in order to provide reasonable access to the appropriate academic programs for individuals who exhibit financial need, who are educationally disadvantaged, or who exhibit special merit.
Public institutions of higher education shall:
Provide postsecondary education to students;
Transmit culture and extend knowledge through general higher education;
Teach and train students for careers and advanced study;
Protect academic freedom;
Promote civic responsibility;
Enhance economic development of the State through research, training, and extension services to business and industry;
Provide public services for citizens of the State; and
Assure that women and minorities are equitably represented among faculty, staff, and administration, so that the higher education community reflects the diversity of the State’s population.
It is the goal of the State that at least 55% of Maryland’s adults age 25 to 64 will hold at least an associate’s degree by the year 2025.
It is the goal of the State that all degree–seeking students enrolled in a public community college earn an associate’s degree before leaving the community college or transferring to a public senior higher education institution.
Institutions of higher education should utilize educational resources to provide the greatest possible benefit to the citizens of the State and to foster economic development.
In each region of the State, institutions of higher education should cooperate to ensure an effective and efficient education system.
In developing missions and programs, the Maryland Higher Education Commission and each governing board and its constituent institutions shall consider the role, mission, and function of other public senior higher education institutions, particularly those institutions offering unique programs and services in the same geographical region.
The Governor and General Assembly shall:
Establish broad policy regarding higher education;
Delegate implementation of the policy to appropriate boards, commissions, institutions, and officials;
Provide for the adequate financing of public higher education; and
Demand accountability and effective management from public institutions of higher education.
The Maryland Higher Education Commission shall:
Advise the Governor and General Assembly on statewide higher education policy;
Conduct statewide planning for higher education;
Coordinate and arbitrate among different segments of higher education in the State;
Review, negotiate as necessary, and grant final approval of mission statements for each public institution of higher education and each regional higher education center that requests or receives State funding;
Assess the adequacy of operating and capital funding for public higher education and establish operating funding guidelines based on comparison with peer institutions and on other relevant criteria;
Establish and maintain a higher education information system for planning, coordination, and evaluation purposes;
Coordinate the State’s program of performance accountability reporting for public institutions of higher education; and
Administer statewide programs of student financial assistance for higher education.
The governing boards of public senior higher education institutions shall, with respect to institutions under their jurisdiction:
Set education policy and adopt mission statements;
Establish goals that are consistent with the roles and missions approved for the institutions;
Select presidents;
Establish guidelines for admission standards that are consistent with the roles and missions approved for the institutions;
Set guidelines for tuition and mandatory fees;
Evaluate and approve short-range and long-range plans; and
Evaluate and approve institutional budget submissions.
The University System of Maryland shall provide through its various campuses and programs a continuum of educational services, including undergraduate education, graduate education, professional programs, and research.
The goal of the University System of Maryland is to achieve and sustain national eminence with each component fulfilling a distinct and complementary mission.
The University System of Maryland shall:
Promote excellence at each campus, in accordance with the skills of the faculty, the needs of the region, and the academic programs offered;
Develop a mission for each campus which builds upon the unique strength of the campus and embodies a diversity of programs;
Recruit and retain nationally and internationally prominent and diverse faculty members;
Actively pursue research funding and private support;
Promote economic development by creating a well educated work force through undergraduate, graduate, and professional education, targeted research, education extension services, and technical assistance;
Increase access for economically disadvantaged and minority students;
Stimulate outreach to the community and the State through close relationships with public elementary and secondary schools, business and industry, and governmental agencies;
Encourage collaboration among institutions for the benefit of the students; and
Address and respond to continuing higher education needs in order to maintain an educated work force in the State.
The Board of Regents of the University System of Maryland shall appoint a Chancellor who shall be the Chief Executive Officer of the University System of Maryland and the Chief of Staff for the Board. The Chancellor and the staff of the Board shall serve as coordinators and system planners for the University System of Maryland.
The Chancellor shall:
Advise the Board of Regents on systemwide policy;
Conduct systemwide planning;
Coordinate and arbitrate among the institutions and centers of the University System of Maryland;
Assist the institutions in achieving performance goals in accordance with the Accountability Reporting Program; and
Provide technical assistance to institutions and centers such as legal and financial services.
Each campus of the University System of Maryland shall have a president who is the chief executive officer of the institution.
The University System of Maryland shall:
Maintain and enhance the University of Maryland, College Park Campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge;
Admit as freshmen to the University of Maryland, College Park Campus highly qualified students who have academic profiles that suggest exceptional ability;
Provide access to the upper division undergraduate level of the University of Maryland, College Park Campus for students who have excelled in completing lower division study; and
Provide the University of Maryland, College Park Campus with the level of operating funding and facilities necessary to place it among the upper echelon of its peer institutions.
The University System of Maryland shall maintain and enhance a coordinated Higher Education Center for Research and Graduate and Professional Study, in the Baltimore area based on the joint graduate and research programs of the University of Maryland, Baltimore Campus and the University of Maryland Baltimore County, which is one of the State’s research institutions.
The University System of Maryland may recognize University College as a campus for continuing higher education.
The community colleges of the State shall provide a diverse range of education services, with particular emphasis on community centered programs and programs that afford open access to persons with a variety of educational backgrounds.
The community colleges of the State shall:
Provide a core curriculum of general education, including courses in the arts and sciences, that should be available to all students;
Provide lower level undergraduate courses, in accordance with credit transfer guidelines set by the Maryland Higher Education Commission, for students who aspire to continue their education at a senior institution;
Provide technical and career education programs;
Provide training in skills and fields of study of importance to the region’s business community;
Provide a wide variety of continuing education programs to benefit citizens of the community;
Provide developmental and remedial education for citizens with needs in these areas; and
Provide public services to the community’s citizens.
The private nonprofit institutions of higher education in the State are an important educational resource and are vital to the provision of postsecondary education in the State.
The State shall continue to provide financial aid as provided by law to private nonprofit institutions of higher education to foster this important educational resource.
In this subsection, “cultural diversity” means the inclusion of those racial and ethnic groups and individuals that are or have been underrepresented in higher education.
On or before July 1 of each year, each private nonprofit institution of higher education eligible for State aid under § 17–103 of this article shall submit a report on the institution’s programs to promote and enhance cultural diversity on its campus to the Maryland Independent College and University Association.
On or before September 1 of each year, the Maryland Independent College and University Association shall submit a report on the status of the programs reported to the Association under paragraph (2) of this subsection to the Commission.
The report submitted to the Commission under subparagraph (i) of this paragraph shall include an analysis of the best practices used by private nonprofit institutions of higher education to promote and enhance cultural diversity on their campuses.
Regional higher education centers in the State are important educational resources and are vital to the delivery of postsecondary education in the State.
A regional higher education center shall:
Provide access to affordable higher education programs to citizens in unserved or underserved areas of the State;
Respond to the needs of businesses and industries in the areas in which they serve; and
Encourage participation by institutions of higher education for the benefit of students and serve the needs of, and provide programs to, elementary and secondary schools, business and industry, and governmental agencies.
The governing body of a regional higher education center may submit a request for proposals for the offering of a baccalaureate degree program at the center in accordance with § 16-108 of this article.
In this section the following words have the meanings indicated.
“Business entity” means a person that conducts or operates a trade or business in the State.
“Partnerships Program” means the Higher Education/Business Partnerships Program established under this section.
In order to improve the accessibility of businesses to resources of the public senior higher education institutions of the State, the University System of Maryland, Morgan State University, and St. Mary’s College of Maryland, under the direction of the Governor and in consultation with the Department of Commerce, shall develop and implement a Higher Education/Business Partnerships Program.
The goals of the Partnerships Program shall be to provide opportunities for businesses to better utilize resources that the public senior higher education institutions of the State have to offer and to foster continuing links between the institutions and the business community throughout the State.
Under the Partnerships Program, the public senior higher education institutions of the State shall enter into agreements with business entities for cooperative arrangements for any one or more of the following activities:
Employment of a graduate student in an eligible work–study job by a business entity in a business sector that is related to the student’s field of study and is consistent with the strategic economic development goals established for the State with specific eligibility criteria determined by the institution and the Department of Commerce;
Sponsored research administered by the institution; and
Sponsorship by the business entity of business–specific training developed or conducted by the faculty of the institution.
The General Assembly finds that:
The State of Maryland wishes to provide all of its citizens with equal access to higher education at excellent and affordable public colleges and universities;
The General Assembly has carefully reviewed the Memorandum Opinions and Orders of the United States District Court for the District of Maryland, issued October 7, 2013, and November 8, 2017, in the action, The Coalition for Equity and Excellence in Maryland Higher Education, et al. v. Maryland Higher Education Commission, et al., 06–CV–02773–CCB;
The District Court found that the State failed to eliminate a traceable de jure era policy of unnecessary duplication of programs at historically black colleges and universities in the State that has exacerbated the racial identifiability of Maryland’s historically black colleges and universities;
Maryland’s historically black colleges and universities, which are Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore, should receive additional support to remedy the findings of the District Court;
The additional support shall be provided in the form of additional funding in the amount of $577,000,000, which shall be provided in amounts as calculated under § 15–126 of this article in each of fiscal years 2023 through 2032, and shall be allocated among the institutions; and
The provisions of §§ 15–126 and 15–127 of this article shall ensure that Maryland’s historically black colleges and universities shall receive this support.
There is a Maryland Higher Education Commission.
The Commission consists of 12 members appointed by the Governor with the advice and consent of the Senate.
One member of the Commission shall be:
A regularly enrolled student in good standing at a Maryland institution of higher education to which the Commission has issued a certificate of approval under this title or that may operate without a certificate of approval under § 11–202.1 of this title; and
A resident of Maryland.
To the extent possible, the position of student member shall be rotated among all segments of higher education on an equal basis.
The student member may not be the Chairperson of the Student Advisory Council.
In making appointments to the Commission, the Governor shall consider representation from all parts of the State.
Except as provided in subsection (b) of this section, the members of the Commission shall be residents of the State and shall be appointed from the general public.
Except for the student member, each member of the Commission serves for a term of 5 years and until a successor is appointed and qualifies.
The student member serves for a term of 1 year, beginning July 1 and ending June 30, and until a successor is appointed and qualifies.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Except for the student member, a member may be reappointed but may not serve more than 2 consecutive full terms.
Each member of the Commission:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
During a term of service on the Commission, a member may not be employed, except for the student member as a part-time student employee, by any agency or institution of postsecondary education or be a member of the governing board of any agency or institution of postsecondary education that is subject to the jurisdiction of the Commission.
Each year from among the members of the Commission:
The Governor shall designate a chairperson; and
The Commission shall elect other officers as it requires.
The Commission shall meet regularly at such times and places as it determines.
A majority of the members then serving on the Commission shall constitute a quorum for the transaction of business.
No formal action may be taken by the Commission without the approval of a majority of the members of the Commission then serving on the Commission.
The Commission shall make all necessary and proper rules for the transaction of business, and shall keep an accurate and complete record of all meetings.
The Governor shall appoint, with the advice and consent of the Senate, a Secretary of Higher Education.
The Secretary shall:
Select, organize, and direct the staff of the Commission;
Perform the duties the Commission assigns;
See that the policies and decisions of the Commission are carried out;
Serve at the pleasure of the Governor; and
Be a member of the Governor’s Executive Council.
After consideration of the recommendations of the Commission, the Governor shall include in the annual budget request the salary for the Secretary.
The Secretary is entitled to the salary provided in the State budget.
The Secretary may hire the additional staff provided in the State budget.
The Secretary shall have at least one full–time staff member who is responsible for:
Defining, identifying, and compiling data on State and regional workforce needs; and
Working collaboratively with the Department of Commerce and the Maryland Department of Labor to produce uniform and consistent baseline data, including common sources and measurements, about workforce needs to inform State policies relating to postsecondary education.
Each employee of the Commission shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.
Any employee of the Commission who is determined by the Secretary to hold a professional position may join the optional retirement program under Title 30 of the State Personnel and Pensions Article.
In this section, “emerging workforce need program” means a graduate level program identified by the Commission under subsection (c)(2)(i)1 of this section that:
No institution of higher education in the State offers;
Addresses a job or industry need that is innovative, unique, and rare; and
Could leverage federal, State, or private resources on a long–term basis with immediate development by an institution of higher education.
“Emerging workforce need program” does not mean a specific academic program identified by the Commission to fulfill or support an identified current State and regional workforce need.
In addition to any other powers granted and duties imposed by this title and subject to any restrictions imposed by law, the Commission has the powers and duties set forth in this section.
The Commission shall coordinate the overall growth and development of postsecondary education in the State.
In consultation with the governing boards and agencies concerned with postsecondary education in the State, the Commission shall develop and periodically update an overall plan consistent with the Charter, known as the State Plan for Higher Education, that shall identify:
The present and future needs for postsecondary education and research throughout the State, including current and emerging State and regional workforce needs and any specific academic programs institutions could develop to fulfill or support identified current State and regional workforce needs and any emerging workforce need programs in accordance with subparagraph (iv) of this paragraph;
The present and future capabilities of the different institutions and segments of postsecondary education in the State, including any specific academic programs institutions could develop to fulfill or support identified workforce needs; and
The long–range and short–range objectives and priorities for postsecondary education and methods and guidelines for achieving and maintaining them.
The Commission shall ensure that the State Plan for Higher Education complies with the State’s equal educational opportunity obligations under State and federal law, including Title VI of the Civil Rights Act.
In developing the State Plan for Higher Education, the Commission shall incorporate the goals and priorities for higher education for all public institutions of higher education.
In identifying State and regional workforce needs and emerging workforce need programs for the State Plan for Higher Education, the Commission shall:
Use the uniform and consistent baseline data, including common sources and measurements, about workforce needs developed in collaboration with the Department of Commerce and the Maryland Department of Labor;
Consult, as necessary, with other State agencies with unique expertise in specific workforce segments, including the Maryland Longitudinal Data System Center, occupational licensing boards, and national organizations;
Use data from resources and literature relating to specific occupations;
Provide all institutions of higher education in the State with access to this baseline data; and
Consult with each segment of higher education.
The Commission shall update the workforce needs identified in the most recent version of the State Plan for Higher Education each year as an appendix to the Plan and post the update on the Commission’s website.
The Commission shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a quadrennial review of the plan by July 1, 2009, and by July 1 of each fourth year thereafter.
The quadrennial review shall include a report on the status and needs of postsecondary education in the State.
Beginning with the quadrennial review of the State Plan for Higher Education due by July 1, 2026, and each annual update to the workforce needs as an appendix to the Plan under paragraph (2)(v) of this subsection, the Commission shall submit the proposed plan, or update to the plan, to the Legislative Policy Committee for review and comment before adoption by the Commission.
In the year immediately following the quadrennial review of the State Plan for Higher Education and in accordance with Subtitle 3 of this title, the Commission shall review, negotiate as necessary, and approve the appropriate role, function, and mission of each public institution of postsecondary education in the State.
With respect to the College Park Campus of the University of Maryland, the Commission shall direct the Board of Regents of the University System of Maryland to develop and implement a plan for the enhancement of that campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge.
With respect to the constituent institutions of the University System of Maryland in the Baltimore region, the Commission shall direct the Board of Regents of the University System of Maryland to maintain and enhance a coordinated Higher Education Center for Research and Graduate and Professional Study in the Baltimore area.
With respect to Morgan State University, the Commission shall direct the Board of Regents of Morgan State University to develop and implement a plan for the enhancement of that institution and designation as the State’s preeminent public urban research university with the appropriate programs, faculty, and facilities.
The Commission has statewide coordinating responsibility for the community colleges and shall establish general policies for their operation.
The Commission has authority to approve regional higher education centers to operate in the State and has statewide coordinating responsibility for regional higher education centers.
The Commission may distribute strategic incentive funds to an institution of higher education or a regional higher education center to encourage attainment of the goals and priorities set forth in the State Plan for Higher Education.
The Commission has statewide coordinating responsibilities for institutions of higher education to ensure the State achieves the goals established under § 10–205 of this article.
With respect to the community colleges, the Commission:
May provide grants–in–aid for the planning of new community colleges and new programs in existing community colleges;
Shall administer programs of State support and financial assistance for the community colleges;
Shall assist and represent the community colleges in seeking and administering federal money available to them;
May designate any community college instructional program as a statewide or regional program;
Shall ensure that courses and programs offered are within the scope of the mission of the community colleges;
Shall ensure that State funds for community colleges are spent prudently and in accordance with State guidelines;
Shall provide centralized data processing assistance; and
Shall coordinate relationships between the community colleges, the State and county public school systems, and the private high schools to:
Facilitate cooperation among them in the guidance and admission of students to the community colleges; and
Arrange for the most advantageous use of facilities.
A regional higher education center must be approved by the Commission before the center is authorized to operate in the State.
With respect to the regional higher education centers, the Commission:
May require submission of strategic plans in accordance with guidelines adopted by the Commission;
May provide grants to regional higher education centers for ongoing operating expenses and lease payments in accordance with the funding formula in paragraph (4) of this subsection;
Shall administer programs of State support and financial assistance for the regional higher education centers;
Shall assure that courses and programs offered are within the scope of the approved missions of the regional higher education centers and specifically satisfy the criteria set forth in § 10–212(b) of this article; and
Except as provided in paragraph (3) of this subsection, shall assure that State funds for the regional higher education centers are:
Spent prudently and in accordance with State guidelines; and
Consistent with the State Plan for Higher Education and the approved mission statements of the regional higher education centers.
With respect to the regional higher education centers administered by the University System of Maryland, the University System of Maryland shall assure that State funds for the regional higher education centers are spent prudently and in accordance with State guidelines.
In this paragraph the following words have the meanings indicated.
“Degree–seeking student” means a student enrolled in a 2+2, baccalaureate, master’s, or doctoral degree program at a regional higher education center.
“2+2 program” means a collaborative program between a community college and a 4–year university that leads to a bachelor’s degree.
As funding is provided in the annual State budget, the Commission shall calculate the amount of the annual apportionment for each regional higher education center administered by the Commission using the following funding formula:
A base allocation for each center of $200,000;
Incentive funding for degree–seeking, full–time equivalent students that is tied to the inflation–adjusted fiscal year 2005 General Fund appropriations per full–time equivalent student at the Universities at Shady Grove;
Lease funding for centers with leased space that have not received State capital funding support; and
Special funding for one–time projects or start–up costs.
The Commission shall adopt regulations to implement the funding formula in this paragraph.
The Commission is the State Postsecondary Education Commission under Title XII of the Higher Education Act of 1965.
The Commission is the State approving agency for purposes of implementing educational benefit programs administered by the U.S. Department of Veterans Affairs.
The Commission is responsible for receiving and allocating federal funds that, under federal law or regulation, must be allocated among segments by a statewide authority.
The Commission is responsible for:
Developing a program of desegregation and equal educational opportunity, including developing an enhancement plan, for historically African American colleges and universities;
Monitoring the progress made under, and assuring compliance with, the goals, measures, and commitments contained in the desegregation and equal education opportunity plan;
Making recommendations concerning needed resources for achieving the goals and objectives under this subsection;
Requiring reports from each governing board concerning progress toward equal opportunity in all activities and programs under its jurisdiction; and
Reporting to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the progress of compliance with desegregation and equal education opportunity plans.
In carrying out its responsibilities under this subsection, the Commission may:
Designate a division or office to coordinate and monitor the equal opportunity activities of public institutions of higher education in the State;
Require the governing boards of public institutions of higher education to submit plans, reports, and data, in the format and using such forms as the Commission prescribes; and
Evaluate the effectiveness of institutional efforts and methods.
The Commission shall:
Administer State funds for private nonprofit institutions of higher education in the State; and
Assure that the purposes for which these funds were appropriated are achieved.
The Commission:
May secure, compile, and evaluate information on any matter within its authority, in the format it requires, from any person, agency, regional higher education center, or institution subject to its authority;
May engage in research, data compilation, and publication of reports concerning postsecondary education in the State;
Through its representatives, may visit at any reasonable times and make reasonable inspections of any institution of postsecondary education or regional higher education center subject to its authority;
In consultation with the segments of higher education, shall develop guidelines to assess the adequacy of operating and capital funding based on comparisons with institutions designated as peer institutions and other appropriate factors; and
In consultation with the Department of Budget and Management, annually shall make recommendations consistent with the Charter and the plan under subsection (c) of this section on the appropriate level of funding for higher education.
On or before a date set by the Commission, each of the following governing boards and agencies shall submit to the Commission its annual operating budget requests and proposals for capital projects, by constituent institutions and affiliated regional higher education centers for the next fiscal year:
The Board of Regents of the University System of Maryland;
The Board of Regents of Morgan State University;
The Board of Trustees of St. Mary’s College of Maryland;
The State Advisory Council for Title I of the Higher Education Act of 1965;
The Board of Trustees of Baltimore City Community College;
The Board of the Maryland Higher Education Investment Program; and
The governing body of each regional higher education center.
In consultation with the Department of Budget and Management, the Commission shall present to the Governor, on or before a date set by the Governor, and simultaneously submit a copy to the General Assembly, a consolidated operating and capital budget for higher education that includes the operating and capital budget requests of the governing boards and institutions listed in paragraph (1) of this subsection, the operating budget request of the Commission, a report on the current funding of the adopted sets of peer institutions, and recommendations regarding the funding of higher education.
In cooperation with the Department of Budget and Management, and without affecting the authority or responsibility of the Department under the State Finance and Procurement Article, the Commission shall:
Review proposals for capital projects and improvements proposed by the public institutions of higher education in this State, by the Maryland Independent College and University Association, and by the regional higher education centers; and
Develop and submit to the Governor and the General Assembly recommendations as to these projects, which shall be consistent with the State Plan for Higher Education provided for in this section.
In submitting recommendations pursuant to paragraph (2) of this subsection, the Commission shall comment on the overall level of funding for higher education in order to achieve the goals established in the State Plan for Higher Education, and may comment regarding funding priorities among segments of higher education and, within public senior higher education, among institutions. In reviewing the various budgets and submitting recommendations thereon, the Commission:
May not require, of any segment or institution, a detailed budget presentation that tends to duplicate other presentations required in the budget process;
As to the funding priority of any institution, may comment only on the entity as a whole and not on any separate unit of the institution; and
As to the operating and capital budgets of the Board of Regents of the University System of Maryland and the Board of Regents of Morgan State University:
May review and comment only within the broad context of the State Plan for Higher Education; and
May not recommend against a budget item approved by the Board of Regents unless the item is clearly inconsistent with the State Plan for Higher Education.
In this paragraph, “higher education” means:
The University System of Maryland;
Morgan State University;
St. Mary’s College of Maryland;
All funding for the Maryland Higher Education Commission, including the funding of:
The Joseph A. Sellinger Program;
The Senator John A. Cade Funding Formula;
Fringe benefits provided under aid to community colleges; and
All scholarship and grant programs administered by the Commission; and
Baltimore City Community College.
It is the intent of the General Assembly that, barring unforeseen economic conditions, the Governor shall include in the annual budget submission for fiscal year 2000 and each year thereafter, an amount of General Fund State support for higher education equal to or greater than the amount appropriated in the prior year.
It is the goal of the State that General Fund and capital State support for higher education be funded annually in amounts that are no less than the following percentages of total General Fund State revenues:
5 percent in fiscal year 2000;
5 percent in fiscal year 2001;
5 percent in fiscal year 2002;
15 percent in fiscal year 2003; and
5 percent in fiscal year 2004.
In this subsection, “community college” includes the Carroll County Community College and the Calvert County and St. Mary’s County branch campuses of the College of Southern Maryland established under the authority granted by § 16–103(l) of this article, and does not include the Baltimore City Community College.
The Commission shall administer the general public junior or community college and regional community college construction program in accordance with this section and regulations approved by the Board of Public Works.
Whenever a county desires, or whenever the counties that support a regional community college desire, to participate in the financial assistance provided by the State for the general public junior or community college and regional community college construction program, the jurisdiction or jurisdictions shall file with the Commission a petition and such information as the Commission requires, together with a complete proposal for each project for which financial assistance is desired.
The Commission shall submit to the Department of Budget and Management a copy of each petition and project proposal.
On receipt of the recommendations of the Department of Budget and Management on each petition and project proposal, the Commission shall make a written report to the Board of Public Works describing the request or requests for financial assistance received and recommending a disposition for each request.
The Board of Public Works shall approve each grant and shall certify the amount of the grant to the Treasurer and the Comptroller. The Comptroller shall issue a warrant to the Treasurer to pay the grant to or on behalf of the petitioning jurisdiction or jurisdictions, when needed, for design and construction or the acquisition of real property or interests in land. The decision of the Board of Public Works shall be in such form as the Board deems advisable and shall be final and conclusive.
The amount of the grant shall be a percentage of total design and construction costs, including site acquisition and development costs, as follows:
For a regional community college established under § 16–202 of this article, 75 percent; or
For a public junior or community college that is not a regional community college, the greater of:
A percentage equal to that percentage of the foundation program that the State pays to the petitioning jurisdiction under § 5–202(b) of this article up to a maximum of 70 percent; or
50 percent.
The Commission shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article concerning the administration of the general public junior or community college and regional community college construction program.
Subject to the provisions in Subtitle 2 of this title, the Commission may:
Review any educational program offered at an institution of postsecondary education; and
Establish guidelines relating to matters of general educational policy.
Subject to the provisions of Title 18 of this article, the Commission shall administer the various scholarship, grant–in–aid, and tuition assistance programs established by law.
Subject to paragraph (2) of this subsection, the Commission shall administer existing programs for interstate and regional cooperation, including reciprocity agreements on matters that affect postsecondary education, and may propose such new programs as it deems appropriate to the educational needs of the State.
This paragraph shall apply only to a public institution of higher education.
In order to provide higher educational opportunities at minimum cost to students and the State, the Commission is authorized to participate in the Southern Regional Education Board Interstate Agreement, also known as the Academic Common Market, to provide an opportunity for qualified nonresident students to enroll in selected programs and curricula on a resident tuition and fee charge basis.
Notwithstanding any other provision of this article, the Commission is specifically authorized to create guidelines for the waiver of the collection of nonresident tuition and fee charges for students from other states that are enrolled in programs and curricula approved by the Commission as part of a regional or interstate agreement.
Before participating in any interstate agreement under this subsection, the Commission shall consult with:
The Board of Regents of the University System of Maryland;
The Board of Regents of Morgan State University;
The Board of Trustees of St. Mary’s College of Maryland; and
The affected community colleges.
Any interstate reciprocal agreement entered into by the Commission involving the states of Pennsylvania and West Virginia shall supersede the provisions of § 16–310 of this article to the extent that the provisions of § 16–310 of this article are inconsistent with the reciprocal interstate agreement.
The Commission is authorized to participate in the State Authorization Reciprocity Agreement (SARA).
Subject to the provisions of § 11–401 of this title, the Commission shall serve as the repository for records of defunct institutions of postsecondary education.
The Commission may require an application or renewal fee from an institution of postsecondary education seeking:
Certification to operate in the State;
An exemption from certification to operate in the State under § 11–202.1(b) of this title; or
Except for actions relating to programs offered at a regional higher education center, approval of any academic program action taken under Subtitle 2 of this title.
The revenues from application and renewal fees shall be distributed to a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
Subject to subparagraph (iii) of this paragraph, the special fund may be used only to carry out the provisions of Subtitle 2 of this title.
At the end of each fiscal year, any amount in excess of $100,000 shall revert to the General Fund.
Any investment earnings of the fund shall be credited to the General Fund.
Subject to the provisions of § 11–203 of this title, the Commission may require bonds or other financial guaranties from institutions of postsecondary education seeking certification or recertification to operate in the State.
Subject to the provisions of § 11–402 of this title, the Commission shall regulate the solicitation of students by institutions of postsecondary education.
The Commission shall recommend to the Governor and General Assembly appropriate revisions to the Charter.
The Commission shall arbitrate to resolve differences among the segments of higher education in the State.
The Commission shall establish and maintain a higher education information system for planning, coordination, and evaluation purposes.
The Commission shall assist the Maryland Department of Health in implementing the vaccination requirements adopted under § 18–102(c) of the Health – General Article.
The Commission may adopt any rule or regulation necessary to carry out its powers and duties.
The Commission shall perform any other duty delegated to it in accordance with law.
Each open meeting of the Commission shall be made available to the public through live video streaming.
The Commission shall make publicly available on the Internet a complete, unedited archived video recording of each open meeting for a minimum of 5 years after the date of the meeting.
On or before July 1, 2025, the Commission shall design and implement a unified scholarship application that, on completion, will result in the applicant applying for all of the centralized scholarship programs available in the Commission.
The unified scholarship application shall:
Be:
Available in multiple languages; and
Mobile accessible, including the ability for a student to upload documents from the student’s phone;
Include:
An electronic inbox that allows a student to see all communications sent to the student in one place;
A display that shows in an accessible and clear manner all required documents and the student’s progress in completing those documents;
The ability for a student to electronically sign all documents;
An integration of a student’s tax information from the Comptroller authorized under § 13–203(c)(12) of the Tax – General Article;
A way to contact the Commission with any questions for a timely answer; and
Videos and guidance to explain the application process.
The Commission shall establish:
A Faculty Advisory Council;
A Student Advisory Council;
A Segmental Advisory Council;
A Financial Assistance Advisory Council;
A Maryland Digital Library Advisory Council;
A Private Career School Advisory Council; and
A Program Review Process Advisory Council.
These Councils shall meet periodically for the purpose of reviewing such matters as are referred by the Commission or the Secretary for their consideration and advice.
The Councils may make reports and recommendations to the Commission.
The Commission may appoint continuing advisory committees that represent various groups in the higher education community.
Advisory committees may make recommendations to the Commission on matters of statewide importance that affect their constituencies.
The Commission may authorize the Secretary, acting through the Attorney General, to seek an injunction or other judicial remedy for any violation of this title or of the rules and regulations adopted under this title.
If an institution of postsecondary education is required to have a certificate of approval from the Commission and is operating without a certificate of approval, the Secretary may:
Issue an order to cease and desist;
Issue a notice of violation and impose a penalty of up to $5,000; and
Acting through the Attorney General, seek an injunction or other judicial remedy.
In imposing a penalty under this subsection, the Secretary shall consider:
The seriousness of the violation;
The harm caused by the violation;
The good faith of the institution and any corrective actions taken;
Any history of previous violations; and
Other pertinent circumstances.
For any institution of postsecondary education required to have Commission approval before offering a program, if the institution offers an unapproved program, the Secretary may require the institution to refund all tuition and fees paid by students who enrolled in the program, and may revoke the certificate of approval of any institution that fails to make a required refund within the time specified by the Secretary.
If an institution of postsecondary education does not file all essential records of the academic achievement of a former student with the Commission in accordance with § 11–401 of this title, the Secretary may:
Require the institution to refund all tuition and fees paid by the former student whose records were not filed in accordance with § 11–401 of this title; or
Seek an injunction in accordance with subsection (a) of this section.
The remedies provided in this section are in addition to any other remedies provided by law.
There is an Access to Mental Health Advisory Committee.
The Committee consists of the following members:
The Secretary of Higher Education, or the Secretary’s designee;
The Chancellor of the University System of Maryland, or the Chancellor’s designee;
The President of St. Mary’s College of Maryland, or the President’s designee;
The President of Morgan State University, or the President’s designee;
The Executive Director of the Maryland Association of Community Colleges, or the Executive Director’s designee;
The President of the Maryland Independent College and University Association, or the President’s designee;
Two Directors of the University System of Maryland Institution Mental Health Counseling Centers, appointed by the Chancellor;
Two University System of Maryland Institution clinical psychologists, appointed by the Chancellor;
Two licensed clinical social workers with campus–based clinical experience, appointed by the Secretary;
Two behavioral health counselors from a community college, appointed by the Executive Director of the Maryland Association of Community Colleges;
A behavioral health counselor from a nonpublic institution of higher education in the State, appointed by the President of the Maryland Independent College and University Association;
Two University System of Maryland student representatives:
One student who is a member of a mental health advocacy group; and
One student who has accessed, or is eligible to access, mental health services at the institution; and
One student representative enrolled in St. Mary’s College of Maryland, Morgan State University, a community college, or a nonprofit institution of higher education in the State.
The Committee shall elect a chair from among its members.
The Committee may elect other officers as determined by the Committee.
The staff for the Committee shall be provided on a rotating basis by the institutions of higher education that have members on the Committee.
The Committee shall meet six times per year.
A member of the Committee:
May not receive compensation as a member of the Committee; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Committee shall:
Study the policies and procedures adopted by institutions of higher education in the State regarding access to mental health care and the prevention and treatment of mental illness in students;
Examine the challenges for institutions of higher education in meeting the demand for mental health services;
Review best practices for accessing off–campus mental health services;
Review best practices for, and barriers to, the implementation of counseling services, including crisis, personal, mental health, sexual violence, and substance abuse counseling;
Review and identify the best models for providing mental health services, including stand–alone centers, centers with integrated student health services, comprehensive services, case management, and crisis resources;
Identify concerns in rural areas and workforce shortage areas;
Make recommendations regarding:
Ways to reduce costs and barriers to providing access to mental health services on campus;
The use of telemedicine and video conferencing in the provision of mental health services;
The use of hotlines and other means to disseminate to students information related to mental health services on and off campus, including information concerning availability and fees; and
The implementation of general mental health counseling services and specialized counseling services; and
Study and make recommendations regarding any other matters the Committee considers appropriate.
On or before December 1, 2023, the Committee shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Education, Energy, and the Environment Committee, the House Ways and Means Committee, and the House Appropriations Committee.
The Commission shall establish minimum requirements for issuing certificates, diplomas, and degrees by institutions of postsecondary education.
Except as provided in § 11–202.1 of this subtitle, an institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission.
Except as provided in §§ 11–202.1 and 11–202.2 of this subtitle, an institution of higher education that enrolls Maryland students in a fully online distance education program in the State may not commence or continue enrollment of Maryland students without registering with the Commission as provided under § 11–202.2 of this subtitle.
An institution required to register under paragraph (2) of this subsection that is not accredited by an accrediting body recognized and approved by the United States Department of Education may not receive a registration from the Commission.
The Commission shall issue a certificate of approval to an institution of postsecondary education if it finds that:
The facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:
The purposes of the institution; and
The programs, training, and courses to be offered by the institution; and
The proposed programs to be offered by the institution meet the educational needs of the State.
If the Commission believes that an institution of postsecondary education that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, the Commission shall give the institution written notice of the specific deficiencies.
Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Commission.
Within 60 days of receipt of the request the Commission shall hold a hearing to determine if the certificate of approval should be issued.
If, within 6 months from the date on which the application for certification was submitted to the Commission, the institution has received neither a certificate of approval under subsection (b) of this section nor written notice of deficiencies under this subsection, the institution may request within 20 days a hearing before the Commission to determine if the certificate of approval should be issued.
If the Commission believes that an institution of higher education that is required to register under subsection (a)(2) of this section or § 11–202.2 of this subtitle does not meet the conditions or standards necessary for the issuance of the registration, the Commission shall give the institution written notice of the specific deficiencies within 6 months after receipt of an application for registration.
Within 20 days after receipt of a notice of deficiencies, the institution may request a hearing before the Commission.
Within 60 days after receipt of the request for a hearing under subparagraph (i) of this paragraph, the Commission shall hold a hearing to determine if the registration should be issued.
If, after 6 months from the date on which the application for registration was submitted to the Commission, the institution has received neither a registration nor written notice of deficiencies under this subsection, the institution may request a hearing within 20 days before the Commission.
Within 60 days after receipt of the request for a hearing under subparagraph (i) of this paragraph, the Commission shall hold a hearing to determine if the registration should be issued.
After a hearing held under this subsection, the Commission shall render a decision within 30 days.
Any institution of postsecondary education that is denied a certificate of approval by the Commission after a hearing granted under subsection (c) of this section or any institution of higher education that is denied a registration after a hearing granted under subsection (c–1) of this section has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.
The decision of the Commission shall be presumed correct, and the institution has the burden of proving otherwise.
The Commission shall be a party to the proceeding.
A private nonprofit institution of higher education operating under a charter granted by the General Assembly may operate without a certificate of approval from the Commission.
Subject to the requirements imposed by this section, and except as prohibited in paragraph (2) of this subsection, a religious educational institution may operate without a certificate of approval from the Commission and may enroll Maryland students in a fully online distance education program in the State without a registration from the Commission if the institution:
Is established for religious educational purposes;
Provides educational programs only for religious vocations or purposes;
Offers only sectarian instruction designed for and aimed at individuals who hold or seek to learn the particular religious faiths or beliefs taught by the institution; and
States on the certificate or diploma the religious nature of the award.
A religious educational institution that is accredited by an accrediting body recognized by the United States Department of Education may not operate without a certificate of approval from the Commission.
Each religious educational institution authorized to operate without a certificate of approval or without a registration under subsection (b) of this section:
Shall submit to the Commission, every 2 years, a renewal application that includes a financial statement reviewed by an independent accountant retained by the institution and a copy of the current catalog of courses; and
May not commence or continue to operate, do business, or function unless the Commission determines on the basis of the financial statement submitted by the institution that the institution possesses adequate financial resources to support the institution’s educational program.
The Commission shall adopt regulations establishing procedures and standards for the submission and evaluation of the application for exemption, renewal application, and reports and financial statements submitted by religious educational institutions.
A religious educational institution seeking to operate without a certificate of approval under subsection (b) of this section that is denied the right to operate has the right to judicial review as provided by the Administrative Procedure Act.
Nothing in this section precludes a religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section from seeking a certificate of approval from the Commission.
A religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section shall disclose on all transcripts, catalogs, advertisements, and publications of the institution that the institution does not have a certificate of approval from the Commission.
With regard to a religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section, a person may not:
Make a statement, whether verbal or written, that the institution is approved by, or has a certificate of approval from, the Commission, including a statement on any certificate, diploma, academic transcript, or other document issued by the institution or in any advertisement or publication, or on a website; or
Enroll a student in the institution unless, before enrollment, the person gives written notice to and obtains a written acknowledgment from the student that:
The institution’s instructional program is only designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of the church or religious institution, and provides only educational programs for religious vocations or purposes;
An institution of higher education is not required to accept for transfer credits earned at the institution;
An institution of higher education is not required to recognize an award earned at the institution;
A potential employer may determine that an award earned at the institution does not meet minimum educational requirements for employment;
With respect to a religious counselor program, State licensing boards are not required to recognize the program as a prerequisite of licensure; and
If applicable, the institution:
Is not accredited; or
Is accredited by an accrediting body that is not recognized by the United States Department of Education.
The written acknowledgment obtained from a student under subsection (h) of this section shall be:
In a form approved by the Commission;
Signed by both the student and a representative of the institution; and
Permanently retained in the student’s file by the institution.
A person who violates subsection (g), (h), or (i) of this section is liable for a penalty of up to $5,000 for each violation.
In this subtitle the following words have the meanings indicated.
“Fully online distance education program in the State” means a program, originating outside the State, offered by an out–of–state institution in which:
A student domiciled in Maryland enrolls;
51% or more of the program is offered through electronic distribution; and
The Commission determines that the portion of the program offered at a location in the State, if any, does not require a certificate of approval under § 11–202 of this subtitle for the institution to operate in the State.
“Out–of–state institution” means an institution of higher education whose primary campus exists outside Maryland and whose authority to grant degrees is conferred by another state.
An institution of higher education that enrolls Maryland students in a fully online distance education program in the State shall file an application to register with the Commission before or within 3 months of enrolling the first Maryland student.
This section does not apply to an institution of higher education that enrolls Maryland students in a fully online distance education program in the State that:
Is subject to program review by the Commission under § 11–206 or § 11–206.1 of this subtitle;
Participates in the Southern Regional Education Board’s Electronic Campus; or
Participates in the State Authorization Reciprocity Agreement (SARA).
After filing an application under paragraph (1) of this subsection, an institution that has enrolled a Maryland student before obtaining a registration under this section may continue to operate without a registration while the Commission considers the institution’s application, conducts a hearing concerning the institution’s application, or participates in judicial review regarding an institution’s application.
An institution that continues to operate without a registration under subparagraph (i) of this paragraph shall furnish a performance bond or other form of financial guarantee to the State in an amount set by regulation that is in addition to and separate from a performance bond or other form of financial guarantee required under § 11–203 of this subtitle.
Each institution of higher education required to register under this section shall:
Be accredited by an accrediting body recognized and approved by the United States Department of Education;
Submit to the Commission:
Every 2 years, a financial statement reviewed by an independent accountant retained by the institution;
An affidavit from the president or chief executive officer of the institution affirming:
That the institution has not filed for bankruptcy protection under Title 11 of the United States Code during its existence; and
The willingness of the president or the chief executive officer to abide by the provisions of this section;
Proof of good business standing in the state in which the central administration of the institution is incorporated; and
Proof of good academic standing submitted by:
The regulatory higher education entity in the state in which the central administration of the institution is located; or
If the state in which the institution is located does not have a regulatory higher education entity, the accrediting body that accredited the institution;
Promptly notify the Commission of a change in ownership or a change in majority control;
Comply with the Principles of Good Practice for distance education established by the Commission through regulation;
Make public and post on the institution’s website:
Whether the institution is registered in Maryland; and
The process by which to make complaints against the institution;
Comply with the refund policy and procedures established by the Commission; and
Be subject to complaint investigation by the Office of the Attorney General or the Commission or both.
The refund policy and procedures established by the Commission shall allow for:
At least 2 weeks of required orientation or preenrollment instruction in a fully online distance education program in the State at no charge for a student who has completed less than 24 credits of college–level learning from an accredited institution; and
A prorated refund methodology that provides a refund to any student not covered by item (i) of this item who has completed 60% or less of a course, term, or program within the applicable billing period; or
A prorated refund methodology that provides a refund to any student who has completed 60% or less of a course, term, or program within the applicable billing period.
Subject to paragraph (2) of this subsection, the Commission shall require the payment of a fee set by regulation, as a condition of registration.
Subject to subparagraph (ii) of this paragraph, the fees charged shall be:
A fixed amount for all institutions regardless of type, location, or student enrollment; and
Set to cover the approximate cost of implementing a system of registration.
Notwithstanding subparagraph (i) of this paragraph, the Commission may charge an institution that enrolls not more than 20 Maryland students a fee that is less than the amount of the fee charged to other institutions.
The Commission shall make public and post on its website:
A list of registered institutions of higher education that offer fully online distance education programs in the State; and
If the Commission denies or revokes the registration of an institution, the name of the denied or revoked institution.
On or before December 1 each year, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
The number of institutions of higher education that apply for registration under this section;
The type and size of the institutions that apply;
The number of institutions approved for registration;
The number of institutions denied registration;
The number of Maryland students enrolled in institutions required to register under this section;
The results of the requirements of § 11–202.3 of this subtitle;
The number of institutions found to be in violation of the requirement to register under this section;
Any fines imposed, and in what amounts, on institutions that violate this section; and
Any fine revenues collected from institutions for violation of this section.
At least twice a year, the Commission shall peruse federal databases and other information sources to determine whether there are Maryland students who are enrolled in a fully online distance education program offered by an institution of higher education that is required to register with the Commission under § 11–202.2 of this subtitle, but that has failed to register with the Commission.
Subject to paragraph (2) of this subsection, the Commission may require any institution of postsecondary education that is required to obtain a certificate of approval or an institution of higher education that is required to register under § 11–202.2 of this subtitle to furnish a performance bond or other form of financial guarantee for either the certificate of approval or the registration to the State conditioned that the institution will:
Perform faithfully all agreements or contracts it makes with its students; and
Comply with this article.
In addition to and separate from the requirements of subsection (d)(4) of this section, the Commission shall require each private career school and for–profit institution of higher education that operates in the State, and each for–profit institution of higher education that is required to register with the Commission under § 11–202.2 of this subtitle, to furnish a performance bond or irrevocable letter of credit in an amount equal to the school’s or institution’s non–Title IV adjusted gross tuition and fees for the prior July 1 through June 30.
Except as provided under subsection (a)(2) of this section and subject to paragraph (2) of this subsection, any bond or guarantee required under this section shall be in the form and amount the Secretary requires.
A performance bond or irrevocable letter of credit required under this section shall be between the surety and the Commission.
The total liability of a surety on a bond or guarantee under this section may not exceed the amount of the bond or guarantee.
If the total amount of claims filed against a bond or guarantee exceeds the amount of the bond or guarantee, the surety shall pay the amount of the bond or guarantee to the Secretary for distribution to the claimants.
By regulation, the Commission:
May create and provide for the operation of two separate guaranty funds for:
For–profit institutions of higher education; and
Private career schools; and
May create and provide for the operation of a guaranty fund for institutions of higher education that are required to register under § 11–202.2 of this subtitle.
The for–profit institutions of higher education fund and the private career school fund shall be used:
In the event of a school closure by a for–profit institution of higher education or a private career school, to provide a full refund of tuition and fees incurred by a student that have not been reimbursed or discharged;
Subject to paragraph (3) of this subsection, to provide a refund, as determined by the Secretary, of tuition and fees incurred by a student that have not been reimbursed or discharged, if a for–profit institution of higher education or a private career school fails to:
Perform faithfully any enrollment agreement or contract with the student; or
Comply with any provisions of this article; or
For any other reason directly related to the original purpose of the fund deemed appropriate by the Secretary.
The fund for institutions of higher education that are required to register under § 11–202.2 of this subtitle shall be used to reimburse any student at any of these institutions who is entitled to a refund of tuition and fees because the institution has failed to perform faithfully any agreement or contract with the student or failed to comply with any provision of this article.
After 3 years of claims history during which no claim against the fund has been sustained on behalf of a Maryland student participating in a fully online distance education program offered in the State by an institution registered under § 11–202.2 of this subtitle, the Commission shall exempt that institution from the requirement to contribute to the fund.
Notwithstanding subsubsubparagraph A of this subsubparagraph, an institution shall be required to contribute to the fund following a claim against the fund being sustained on behalf of a Maryland student participating in a fully online distance education program offered in the State by the institution.
Notwithstanding subsubparagraph 2 of this subparagraph, a student who takes courses from an institution exempted from contribution to the fund under subsubparagraph 2 of this subparagraph may make a claim against the fund in accordance with subsubparagraph 1 of this subparagraph.
The funds shall be continuing, nonlapsing funds, not subject to § 7–302 of the State Finance and Procurement Article.
Any unspent portions of the funds may not be transferred or revert to the General Fund of the State, but shall remain in the funds to be used for the purposes specified in this subsection.
No other State money may be used to support the funds.
The Commission shall be subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the funds.
Subject to subparagraph (ii) of this paragraph, a student shall follow the complaint process of the institution before making a claim under paragraph (2)(i)2 of this subsection to a guaranty fund established under this section.
If an institution does not respond within 30 days after the receipt of a complaint filed under subparagraph (i) of this paragraph, the student may make a claim to a guaranty fund established under this section.
Each for–profit institution of higher education or private career school that is required to obtain a certificate of approval and, subject to paragraph (2)(iii)2 of this subsection, each institution of higher education required to register under § 11–202.2 of this subtitle shall pay an annual fee into the appropriate fund.
The Commission shall determine the amount of the fee based on the probable amount of money needed for the funds for each fiscal year. If the money in the guaranty funds is insufficient to satisfy duly authorized claims, the participating institutions may be reassessed and shall pay the additional amounts required.
The Commission may not issue a certificate of approval or registration to, and shall revoke any certificate of approval or registration previously issued to, an institution that fails to pay any annual fee or reassessment.
The Commission shall deposit into the appropriate fund any penalty assessed against a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school, respectively, under the terms of § 11–204 of this subtitle.
The funds shall be maintained by the State Comptroller who may deposit the assets of the funds in any manner that is consistent with the purposes of the funds.
All interest or other return on fund investments shall be credited to the funds.
The Commission, through the Attorney General, may enforce any claim to which the Commission has been subrogated under this subsection.
An institution that closes one or more programs in a manner that is a disorderly closure as defined in § 11–211 of this subtitle is in violation of the enrollment agreement or other contract with a student enrolled at the time of the closure.
A Maryland student enrolled in an institution within 120 days before the date of the disorderly closure shall be entitled to reimbursement from the performance bond or irrevocable letter of credit of all non–Title IV tuition and fees paid to the institution.
Reimbursement made under subparagraph (i) of this paragraph shall be issued to all Maryland students, including those who transfer to another institution.
The Commission shall adopt regulations to carry out the provisions of this subsection.
On or before December 1 each year, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, regarding:
The number of claims made against each guaranty fund established under this section;
The type, size, and program of the institutions against which the claims are made;
The reason for the claim, including whether the private career school or for–profit institution of higher education closed and, if so, whether some students were able to finish their program despite the closure and, if so, how many;
The number of claims that are approved and the associated payouts from the funds; and
The number of claims that are denied.
If the Commission believes that an institution of postsecondary education does not meet the conditions or standards on which its certificate of approval, registration, or any other approval issued by the Commission or Secretary, was based, the Commission shall give the institution written notice specifying the deficiencies believed to exist.
The notice shall specify the alleged deficiencies, and direct the institution to correct them within a period of not less than 30 days.
If the institution requests a hearing, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing must be received by the Commission within 20 days of the institution’s receipt of the notice of deficiencies.
Subject to subsection (f) of this section, action on the notice of deficiencies shall be stayed until a determination is made after the hearing.
Notwithstanding § 11–206(b)(3) of this subtitle, at the discretion of the Secretary, action on any approval request by an institution issued a notice of deficiencies may be stayed until a determination is made after the hearing.
If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the institution or suspend or revoke the institution’s certificate of approval or any other approval issued by the Commission or Secretary.
Instead of or in addition to reprimanding a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school, or suspending or revoking any approval issued to a for–profit institution of higher education or private career school or registration issued to an institution of higher education under § 11–202.2 of this subtitle, the Commission may impose a penalty of up to $5,000 for each violation as specified in regulations adopted by the Commission.
In accordance with the provisions of this section, the Commission shall deposit any penalty assessed against a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school into the respective guaranty fund if such funds exist. Otherwise, all penalties shall be deposited into the General Fund of the State.
In addition to any other sanction imposed under this section, an institution of higher education that is required to register under § 11–202.2 of this subtitle that willfully and knowingly violates the provisions of this subtitle shall be:
Subject to revocation of registration; and
Prohibited from enrolling Maryland students in fully online distance education programs in the State.
Maryland students who attend an institution prohibited from enrolling Maryland students under paragraph (1)(ii) of this subsection shall be allowed to complete a fully online distance education program in the State that is in progress.
If an institution is required to register under § 11–202.2 of this subtitle and the institution does not file an application to register with the Commission within 3 months of enrolling its first Maryland student or the institution enrolls additional Maryland students in violation of this section, the institution shall be subject to a fine not exceeding $20,000.
In imposing any sanctions under this section, the Commission shall consider:
The seriousness of the deficiency;
The harm caused by the deficiency;
The good faith of the institution and any corrective actions taken;
Any history of previous deficiencies; and
Other pertinent circumstances.
An institution that is aggrieved by an order of the Commission has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.
The decision of the Commission shall be presumed correct and the institution has the burden of proving otherwise.
The Commission shall be a party to the proceeding.
The Secretary may at any time following written notice of the deficiencies and prior to the Commission’s final decision seek an injunction or other judicial remedy in accordance with § 11–107 of this title, if the Secretary determines that the public interest requires enforcement of the provisions of this article or any applicable regulations.
If a court grants relief prior to a hearing that was requested on a timely basis, the Commission shall schedule a hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court’s order, unless the institution requests a delay.
The Commission may summarily order the revocation or suspension of a certificate of approval of a private career school if:
The school’s owner or director, or any person in whose name the approval is issued, is convicted of a crime of moral turpitude or a crime relating to the operation of the school if:
The conviction is final; and
The period for appeal has expired;
An agency that exercises concurrent authority over the private career school has revoked any approval to operate required by law; or
Without prior approval of the Commission, the certificate of approval of a school is sold, pledged, or transferred, or there is a change of ownership of a school.
The Commission may summarily order a revocation or suspension of a certificate of approval of a private career school under subsection (a) of this section only if it gives the school:
Prior oral or written notice of the proposed revocation or suspension and a brief, informal opportunity for response;
Prior or prompt subsequent written notice of the revocation or suspension and the findings on which the revocation or suspension is based; and
After the revocation or suspension is effective, an opportunity to be heard promptly before the Commission.
In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may limit the issues to be determined to whether:
The alleged conviction in fact occurred;
The alleged revocation under subsection (a)(2) of this section in fact occurred; or
The alleged sale, pledge, or transfer, or change of ownership of the private career school in fact occurred.
Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a private career school may present matters in mitigation of the offense alleged by the Commission.
This section does not apply to:
New programs proposed to be implemented by public and private nonprofit institutions of higher education using existing program resources in accordance with § 11–206.1 of this subtitle;
Programs offered by institutions of higher education that operate in the State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and
The Cyber Warrior Diversity Program established under Subtitle 14 of this title.
Prior to the proposed date of implementation, the governing body of an institution of postsecondary education shall submit to the Commission each proposal for:
A new program; or
A substantial modification of an existing program.
The Commission shall review each such proposal and:
With respect to each public institution of postsecondary education, either approve or disapprove the proposal;
Except as provided in § 16–108(c) of this article, with respect to each private nonprofit or for–profit institution of higher education, either recommend that the proposal be implemented or that the proposal not be implemented; and
With respect to a private career school, either approve or disapprove the proposal.
If the Commission fails to act within 60 days of the date of submission of the completed proposal, the proposal shall be deemed approved.
Except as provided in paragraph (3) of this subsection, a public institution of postsecondary education and private career school may not implement a proposal without the prior approval of the Commission.
Except as provided in paragraph (3) of this subsection, and subject to subparagraph (ii) of this paragraph, a program that has not received a positive recommendation by the Commission may be implemented by:
Subject to the provisions of § 17–105 of this article, a private nonprofit institution of higher education; or
A for–profit institution of higher education.
If a private nonprofit or for–profit institution of higher education implements a proposal despite the recommendation from the Commission that a program not be implemented, the institution shall notify both prospective students of the program and enrolled students in the program that the program has not been recommended for implementation by the Commission.
If the Commission disapproves a proposal, the Commission shall provide to the governing body that submits the proposal a written explanation of the reasons for the disapproval.
After revising a proposal to address the Commission’s reasons for disapproval, the governing body may submit the revised proposal to the Commission for approval.
Prior to discontinuation, each institution of postsecondary education that proposes to discontinue an existing program shall provide written notification to the Commission specifying:
The name of the program; and
The expected date of discontinuation.
By rule or regulation, the Commission may require the payment by a private career school of a refund to any student or enrollee who, because of the discontinuation of an ongoing program, is unable to complete such program.
The Commission shall review and make recommendations on programs in private nonprofit and for–profit institutions of higher education.
In this subsection, “governing board” includes the board of trustees of a community college.
The Commission shall adopt regulations establishing standards for determining whether two or more programs are unreasonably or unnecessarily duplicative.
The regulations shall:
Clearly identify all specific criteria and factors used by the Commission to determine whether two or more programs are unreasonably or unnecessarily duplicative;
Prioritize meeting State and regional workforce needs and preserving existing programs that are able to meet these workforce needs; and
Prioritize collaboration between institutions of higher education.
The Commission may review existing programs at public institutions of postsecondary education if the Commission has reason to believe that academic programs are unreasonably or unnecessarily duplicative or inconsistent with an institution’s adopted mission.
The Commission may make a determination that an unreasonable or unnecessary duplication of programs exists on its own initiative or after receipt of a request for determination from any directly affected public institution of postsecondary education.
If the Commission makes a determination under paragraph (4) of this subsection the Commission may:
Make recommendations to a governing board on the continuation or modification of the programs;
Require any affected governing board to submit a plan to resolve the duplication; and
Negotiate, as necessary, with any affected governing board until the unreasonable or unnecessary duplication is eliminated.
Notwithstanding the provisions of subparagraph (i) of this paragraph, if the Commission determines that two or more existing programs offered by institutions under the governance of different governing boards are unreasonably or unnecessarily duplicative, the governing boards of the institutions of postsecondary education at which the programs are offered shall have 180 days from the date of the Commission’s determination to formulate and present to the Commission a joint plan to eliminate the duplication.
If in the Commission’s judgment the plan satisfactorily eliminates the duplication, the governing board of the affected institutions shall be so notified and shall take appropriate steps to implement the plan.
If in the Commission’s judgment the plan does not satisfactorily eliminate the duplication, or if no plan is jointly submitted within the time period specified in paragraph (6) of this subsection, the governing board of the affected institutions shall be so notified. The Commission may then seek to eliminate the duplication by revoking the authority of a public institution of postsecondary education to offer the unreasonably or unnecessarily duplicative program.
Prior to imposing a sanction under paragraph (5) of this subsection, the Commission shall give notice of the proposed sanction to the governing board of each affected institution.
Within 20 days of receipt of the notice, any affected institution may request an opportunity to meet with the Commission and present objections.
If timely requested, the Commission shall provide such opportunity prior to the Commission’s decision to impose a sanction.
The Commission’s decision shall be final and is not subject to further administrative appeal or judicial review.
In this section the following words have the meanings indicated.
“Private nonprofit institution of higher education” has the meaning stated in § 10–101(k) of this article.
“Public institution of higher education” means:
A public senior higher education institution; and
A community college.
A president of a public institution of higher education may propose to establish a new program or abolish an existing program if the action:
Is consistent with the institution’s adopted mission statement under Subtitle 3 of this title; and
Can be implemented within the existing program resources of the institution.
A president of a private nonprofit institution of higher education may propose to establish a new program if the action:
Is consistent with the mission statement published in the official catalog of the private nonprofit institution; and
Can be implemented within the existing resources of the institution.
The president of a public institution of higher education shall report any programs that are proposed to be established or abolished in accordance with paragraph (1) of this subsection to:
The institution’s governing board; and
The Maryland Higher Education Commission.
The president of a private nonprofit institution of higher education shall report any programs that are proposed to be established in accordance with paragraph (2) of this subsection to the Commission.
Upon receipt of a proposed new program, the Commission shall notify all other institutions of higher education in the State.
The governing board of a public institution of higher education shall:
Review the actions taken under subsection (b) of this section;
Ensure that any new program proposed to be established by a president:
Is consistent with the institution’s approved mission statement under Subtitle 3 of this title;
Meets a regional or statewide need consistent with the State Plan for Higher Education;
Meets criteria for the quality of new programs, developed in consultation with the Commission; and
Can be implemented within the existing program resources of the institution, verified by a process established in consultation with the Commission.
The Board of Regents of the University System of Maryland shall approve the proposed new program within 60 days if the program meets the criteria in subsection (c)(2) of this section, subject to the provisions of subsections (e) and (f) of this section.
Within 30 days of receipt of a notice of an institution’s intent to submit a new program to the Commission in accordance with subsection (b) of this section, the Commission may file, or the institutions of higher education in the State may file with the Commission, an objection to implementation of a proposed graduate program provided the objection is based on:
Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education and the mission statement published in the official catalog of a private nonprofit institution of higher education;
Not meeting a regional or statewide need consistent with the State Plan for Higher Education;
Unreasonable program duplication which would cause harm to the State or students attending institutions of higher education in the State; or
Unnecessary program duplication in violation of the State’s equal educational opportunity obligations under State and federal law.
Subject to paragraph (3) of this subsection, the Commission shall adopt regulations on procedures for conducting an analysis of the objections described in paragraph (1) of this subsection that:
Clearly identify all of the specific criteria and factors used by the Commission; and
For an objection under paragraph (1)(iii) of this subsection, use a set of baseline data and common sources and that prioritize:
Meeting State and regional workforce needs;
Preserving existing programs that are able to meet State and regional workforce needs; and
Collaboration between institutions of higher education.
The Commission, in consultation with the Attorney General, shall adopt regulations for standards for conducting an analysis of an objection under paragraph (1)(iv) of this subsection.
If an objection is filed under subsection (e) of this section by the Commission or an institution within 30 days of receipt of a notice of an institution’s intent to establish a new program, the Commission shall immediately notify the institution’s governing board and president.
The Commission shall determine if an institution’s objection is justified based on the criteria in subsection (e) of this section.
An objection shall be accompanied by detailed information supporting the reasons for the objection.
If the Commission determines that an objection is justified, the Commission shall negotiate with the institution’s governing board and president to modify the proposed program in order to resolve the objection.
If the objection cannot be resolved within 30 days of receipt of an objection, the Commission shall make a final determination on approval of the new program for a public institution of higher education or a final recommendation on implementation for a private nonprofit institution of higher education.
A hearing for review of the Secretary’s determination of an institution’s objection under subsection (f) of this section shall:
Be conducted in open session, including discussions and any formal action taken by the Commission;
Allow each party, including the Secretary, the proposing institution, and the objecting institution, to have not less than 10 minutes to present their positions regarding the determination, without interruption; and
Require the approval of a majority of the members then serving on the Commission.
On or before January 1, 2025, the Commission shall develop and publish on its website an administrative procedures guide for the Commission’s program review process developed under this section.
The Commission shall update the administrative procedures guide at least once each year.
The Commission shall:
Identify programs established under subsection (b) of this section that are inconsistent with the State Plan for Higher Education; and
Identify low productivity programs at public institutions of higher education.
If the Commission identifies any programs that meet the criteria set forth in paragraph (1) of this subsection, the Commission shall notify the president of the institution.
If the Commission notifies a president of an institution under paragraph (2) of this subsection, within 60 days the president of the institution shall provide to the Commission in writing:
An action plan to abolish or modify the program; or
Justification for the continuation of the program.
The Commission and the governing boards of the public institutions of higher education shall jointly develop a definition and accepted criteria for determining low productivity programs.
The Commission shall:
Monitor the program development and review process established under this section;
Report annually to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the nature and extent of any duplication or proliferation of programs; and
Make available a copy of the report under item (2) of this subsection to the public institutions of higher education and the private nonprofit institutions of higher education.
On or before January 1, 2025, and each January 1 thereafter, the Commission shall review each academic program that has been recently approved and each academic program that has been approved in the 4 immediately preceding school years that was subject to an objection of a historically Black college or university, as described in § 10–214 of this article, to determine whether the historically Black college or university, the State, or students attending institutions of higher education in the State suffered harm resulting from approval of the program.
On or before September 1, 2025, and each September 1 thereafter, the Commission shall report its findings under subsection (a) of this section, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee.
In this section, “institution” means:
A public senior higher education institution; or
A private nonprofit institution of higher education.
Beginning January 1, 2025, the Commission shall require each institution to submit a letter of intent to the Commission that identifies each new graduate level program that an institution intends to propose for approval under § 11–206 or § 11–206.1 of this subtitle.
The Commission shall require each institution to submit a letter of intent every 6 months.
The letter of intent shall include all new graduate programs the institution intends to propose within the 6–month to 2–year time period following submission of the letter of intent.
The Commission shall use a letter of intent submitted by an institution under this section:
To facilitate collaboration between institutions; and
To provide feedback to an institution before the institution submits the new program to the Commission for approval, including any Commission concerns regarding unreasonable or unnecessary program duplication.
The Commission may not use a letter of intent to establish any preference or priority for approval of a program proposal.
This section may not be construed to give an institution the right of first refusal for any program included in a letter of intent submitted to the Commission under this section.
Subject to paragraphs (2) and (3) of this subsection, the Commission shall establish requirements for submitting a letter of intent under this section, including the format, deadlines, and review criteria of the letters.
The Commission may not post an institution’s letter of intent publicly.
After review of the letters of intent submitted by each institution under this section, the Commission shall determine whether an intended program is similar to an existing program or another intended program included in another institution’s letter of intent.
If the Commission determines that an intended program is similar to another program under subparagraph (i) of this paragraph, the Commission may notify the affected institutions of its determination, provide feedback, and encourage discussion and collaboration between the institutions.
Except as provided in paragraph (2) of this subsection, the Commission may approve a program proposal submitted under § 11–206 or § 11–206.1 of this subtitle only if the institution has included the program in a letter of intent submitted to the Commission.
The Commission may approve a new program proposed by an institution under § 11–206 or § 11–206.1 of this subtitle that was not included in a letter of intent if the institution submits proof satisfactory to the Commission:
Of the exigent circumstances leading to the development of the proposed program; and
That the benefit of the program to the State or region outweighs the State’s interest in reasonable public notice and institutional collaboration.
The Commission shall establish objective standards and a fair and transparent process for consideration and approval of a proposed program under subparagraph (i) of this paragraph.
In this subsection, “Fund” means the Proposed Programs Collaborative Grant Fund.
There is a Proposed Programs Collaborative Grant Fund.
The purpose of the Fund is to provide financial assistance to incentivize institutions of higher education to collaborate with other institutions of higher education, at the discretion of each institution, to establish and implement a new graduate program.
The Commission shall:
Administer the Fund;
Develop an application process to apply for a grant from the Fund; and
Award grants to institutions as intended by the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for expenses incurred by an institution for collaborating or attempting to collaborate with other institutions to establish and implement a new graduate program identified in a letter of intent under this section, including expenses for:
Salaries of faculty who work together to determine if collaboration is feasible for the institutions; and
Costs associated with:
Providing transportation from one institution to another institution for shared classes or facilities; and
Sharing resources across institutions, including research collaboration, student exchange programs, joint marketing or recruitment, faculty exchange programs, and online program collaboration.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Money expended from the Fund for expenses incurred by institutions for collaborating or attempting to collaborate to establish and implement a new graduate program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the new program.
Notwithstanding the provisions of §§ 11–206 and 11–206.1 of this subtitle and subject to subsection (b) of this section, the Commission shall develop and implement a program review process for new proposed programs that:
Are offered only online and to a majority of out–of–state students; and
Enable the institutions of higher education in the State to compete with out–of–state competitors in the online marketplace.
The process developed and implemented under subsection (a) of this section shall allow the Commission or an institution of higher education in the State to file with the Commission an objection to implementation of the proposed program, provided the objection is based on:
Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education or the mission statement published in the official catalog of a private nonprofit institution of higher education;
Not meeting a need consistent with the State Plan for Higher Education;
Unreasonable program duplication of a fully online program that would cause harm to the State or students attending institutions of higher education in the State; or
Unnecessary program duplication of a fully online program in violation of the State’s equal educational opportunity obligations under State and federal law.
The Commission shall include the program review process developed under this section in the administrative procedures guide required under § 11–206.1(h) of this subtitle.
In this section, “Graduate Professional Certificate Program” means a program that:
Offers and awards a graduate certificate for successful completion of the number of courses required by the appropriate national professional association or state licensure or certification board for business and health professions and occupations; and
Satisfies the requirements beyond the baccalaureate level for licensure or certification in a profession or occupation.
An institution of higher education may establish a Graduate Professional Certificate Program if the institution offers a degree program directly related to the area of licensure or certification.
The president of an institution of higher education shall notify the governing board of the institution and the Commission of the institution’s intent to offer a Graduate Professional Certificate Program.
The Program shall be approved by the Commission and implemented consistent with the provisions of this section.
An institution of higher education may request to establish a program that leads to certification or licensure in school leadership, including to be an assistant principal, licensed principal, or distinguished principal.
The institution of higher education making a request under this subsection shall present evidence to the Commission that the program will evaluate candidates based on their potential to be effective school leaders, including by reviewing evidence that the candidate:
Has a record of successful teaching; and
Has performed well in teacher leadership roles.
An institution of higher education may request to establish a program that offers graduate level courses in school administration for continuing certification.
The institution of higher education making the request under this subsection shall present evidence to the Commission that the program’s curriculum will enable graduates to:
Successfully organize and manage schools and school systems;
Manage highly skilled professionals working in a modern professional work environment; and
Effectively conduct peer observation and evaluation of other school personnel.
The Commission shall establish a program evaluation unit to evaluate new programs and substantial modifications.
The unit established in this section shall have at least 10 staff members who are employees of the Commission.
The staff members assigned to this unit shall be in addition to the current workforce of the Commission.
The unit established in this section shall assist the Commission in reviewing and evaluating proposals for new programs and substantial modifications of existing programs in accordance with §§ 11–206 and 11–206.1 of this subtitle.
Beginning in fiscal year 2023, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to employ the 10 staff members required under this section.
The Commission shall:
Establish procedures for transfer of students between the public segments of postsecondary education;
Recommend cooperative programs among segments of postsecondary education to assure appropriate flexibility in the higher education system; and
In conjunction with the governing boards, establish standards for articulation agreements.
The procedures established under subsection (a) of this section shall require:
A receiving institution that denies the transfer of a credit or course to an enrolled student to notify the transfer coordinator or institutional designee of the sending institution and the enrolled student about the denial within a time period that the Commission determines to be the latest possible time for the notification and specify the rationale for the denial;
The transfer coordinator or institutional designee of the sending institution, after receiving notice of a denial of the transfer of a credit or course, in conjunction with the receiving institution’s designee, to conduct a review within a time period the Commission determines to be appropriate; and
Each public institution of higher education to submit an annual report to the Commission listing any denials of the transfer of a credit or course and the reasons for the denials.
The Commission, in collaboration with the public institutions of higher education, shall develop and implement a statewide transfer agreement whereby at least 60 credits of general education, elective, and major courses that a student earns at any community college in the State toward an associate of arts or associate of science degree shall be transferable to any public senior higher education institution in the State for credit toward a bachelor’s degree by July 1, 2016.
The agreement under paragraph (1) of this subsection shall require that any credits earned for a course at a community college in the State in accordance with § 15–117(b)(3) of this article be transferable to any public institution of higher education in the State.
A public institution of higher education in the State may not deny the transfer of credits in accordance with subparagraph (i) of this paragraph for any reason.
The Commission, in collaboration with the public institutions of higher education, shall develop and implement a statewide reverse transfer agreement whereby at least 30 credits that a student earns at any public senior higher education institution in the State toward a bachelor’s degree are transferable to any community college in the State for credit toward an associate’s degree by July 1, 2016.
The Commission and each public institution of higher education shall develop and implement incentives for students to obtain an associate’s degree before enrolling in a public senior institution of higher education.
The Commission may recommend procedures and guidelines for consideration by the governing boards of institutions of postsecondary education on:
Improvement and coordination of student financial assistance programs; and
Other subjects of general interest and concern to the higher education community in the State.
Any credits earned for a course at a community college in the State in accordance with § 15–117(b)(3) of this article may be transferable to any private nonprofit institution of higher education in the State.
A private nonprofit institution of higher education in the State shall review and consider the transfer of credits in accordance with subsection (a) of this section.
In this section, “national accreditation” means teacher education accreditation by an accrediting agency recognized by the Department and the Commission.
An institution of higher education in this State may not offer a program of undergraduate or graduate studies that would certify a recipient to teach unless the institution has received:
Approval to operate by the Commission or under operation of law; and
National accreditation; or
Approval by the Department.
An institution of higher education shall determine whether to seek national accreditation or approval by the Department as described under paragraph (1) of this subsection.
When determining whether an accrediting agency is recognized, the Department and the Commission shall consider whether the national accrediting agency uses national professional standards that are comparable to the standards that are used by the Department when approving a teacher preparation program.
The Department and the Commission shall jointly agree on the standards used by the Department to determine approval under subsection (b)(1)(ii) of this section.
The national accreditation process for an institution of higher education subject to this section shall be conducted in accordance with the protocol established by a national accrediting agency and the Department.
In conjunction with accrediting agencies, the Department shall develop and administer a program of technical support, available on request, to assist institutions of higher education in the State that seek national accreditation or approval by the Department under subsection (b) of this section.
In addition to the technical support provided to an institution of higher education under paragraph (1) of this subsection, the Department shall pay:
Any fee that a national accrediting agency charges an institution of higher education in connection with the accreditation process;
Any training fee that a national accrediting agency charges a State representative who serves with a review team of an accrediting agency in conjunction with an accreditation visit to an institution of higher education in the State; and
One–half of the expenses incurred by an institution of higher education in connection with the accreditation visit of a review team of a national accrediting agency.
The Department shall adopt regulations to implement this section.
The Governor shall provide sufficient funds in the Department’s annual budget for the additional costs incurred by the Department under this section.
In this section, “near completer” means an individual who has completed some college credits but does not have a college degree and is no longer attending an institution of higher education.
The Commission, in collaboration with institutions of higher education, shall create a statewide communication campaign to identify near completers in the State and to encourage near completers to re–enroll in an institution of higher education to earn a degree.
For each of fiscal years 2020 through 2024, the Governor shall include in the State budget $125,000 to the Commission to fund a statewide communication campaign.
The communication campaign shall:
Make use of a variety of marketing media, including billboards, brochures, and electronic resources;
Provide a centralized contact point for near completers to get information about and assistance with re–enrolling;
Make readily available contact information for each public institution of higher education in the State;
Focus on near completers who:
Earned a minimum grade point average of 2.0 on a scale of 4.0 while in college; and
Earned at least 45 credit hours if the individual attended a community college; or
Earned at least 90 credit hours if the individual attended a senior higher education institution; and
For the 2022–2023 and 2023–2024 academic years, focus on near completers who are no longer attending an institution of higher education because of personal or financial reasons related to the COVID–19 pandemic.
The Commission shall develop and implement a centralized web–based match program for near completers that facilitates the matching of a near completer with any institution of higher education at which the near completer would be able to complete the degree.
The Commission shall encourage each institution of higher education in the State to participate in the match program at no cost to the institution.
An institution that participates in the match program shall provide the Commission with information regarding near completers who attended the institution, as requested by the Commission and in the format identified by the Commission.
On receipt of information under subparagraph (i) of this paragraph, the Commission shall:
Determine any matches between a near completer and institutions; and
Send information to the near completer regarding the matches, any incentives offered for near completers by the State or by the institutions, and any other financial aid available to the near completer.
For each of fiscal years 2020 through 2024, the Governor shall include in the State budget $50,000 to the Commission to develop and implement the match program for near completers described under this subsection.
A near completer is eligible for a grant under this section if the near completer:
Earned a minimum grade point average of 2.0 on a scale of 4.0 while in college; and
Earned at least 45 credit hours if the individual attended a community college; or
Earned at least 90 credit hours if the individual attended a senior higher education institution.
The Governor shall include in the State budget the amount specified in paragraph (3) of this subsection to the Commission to provide to a near completer the following amount:
For a near completer who re–enrolls in a community college, up to one–third of the in–county tuition charge; or
For a near completer who re–enrolls in a public senior higher education institution, up to one–third of the resident undergraduate tuition charge.
The Governor shall include the following amounts in the State budget to the Commission for near completer grants under paragraph (2) of this subsection:
For fiscal year 2020, $250,000; and
For each of fiscal years 2021 through 2024, $375,000.
A grant provided under this subsection may be used only for tuition and may not be used for fees or other charges or expenses related to attending an institution of higher education.
All nonloan aid received by the near completer shall be credited to the near completer’s tuition before the calculation of the grant amount provided under this subsection.
Grants shall be provided on a first–come, first–served basis.
The Commission and institutions of higher education may implement other near completer initiatives in addition to the campaign and match program required under this section.
By December 1, 2019, and every December 1 through 2025, the Commission shall submit a report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the details of the statewide communication campaign and the match program, including implementation of the campaign and match program and a detailed account of the expenditures under the grant program established in subsection (d) of this section.
In this section the following words have the meanings indicated.
“Annual revenue” means the revenue generated during an institution of postsecondary education’s fiscal year that can be included in its calculation related to compliance with 20 U.S.C. § 1094(a)(24).
“Federal funds” means any federal financial assistance provided to an institution of postsecondary education through a grant, a contract, a subsidy, a loan, a guarantee, an insurance policy, or any other means.
“Federal funds” includes federal financial assistance that is disbursed to a for–profit institution of higher education or a private career school under any federal law on behalf of a student to be used to attend the institution or school.
“Federal funds” does not include any monthly housing stipend provided under the federal Post–9/11 Veterans Educational Assistance Act of 2008.
Subject to subsection (c) of this section, this section applies to:
A for–profit institution of higher education approved to operate in the State;
A for–profit institution of higher education that enrolls Maryland residents in a fully online distance education program in the State; and
A private career school approved to operate in the State that has not been determined by the Internal Revenue Service to be an organization to which contributions are tax deductible in accordance with § 501(c)(3) of the Internal Revenue Code.
An institution or a school described in subsection (b) of this section shall:
Be approved by the Commission to receive education assistance under the federal Post–9/11 Veterans Educational Assistance Act of 2008; and
Have received funds to pay for students’ tuition, fees, or other institutional charges through Title IV of the federal Higher Education Act of 1965 during the prior academic year for which the tuition, fees, and other institutional charges collected per full–time equivalent student enrolled would not be covered in full by the amount of the maximum level of federal Pell Grant funds.
At least 10% of the institution’s or school’s annual revenue shall be from a source other than federal funds.
An institution or a school described under subsection (b) of this section may not enroll new Maryland residents in a program if, beginning in fiscal year 2023:
In 2 out of 3 of the immediately preceding fiscal years the institution or school fails to satisfy the provisions of subsection (d) of this section; or
For 2 consecutive years the institution or school fails to satisfy the provisions of subsection (d) of this section.
On or before December 1, 2020, the Commission shall adopt regulations to carry out this section.
In this section the following words have the meanings indicated.
“Closing institution” means a private career school or an institution of postsecondary education that closes at least one program in a manner that is a disorderly closure.
“Disorderly closure” means the cessation of educational instruction, as determined by the Commission, of a program in which:
The institution did not provide a satisfactory amount of time, as determined by the Commission, for all Maryland students to complete the program;
The institution did not transition all Maryland students into another program at the institution; or
The institution did not enter into at least one school–to–school teach–out agreement.
“Eligible transfer institution” means a private career school or an institution of postsecondary education that:
Has a certificate of approval from the Commission in accordance with § 11–202 of this subtitle;
Is registered with the Commission in accordance with § 11–202.2 of this subtitle; or
Is exempt from registering with the Commission in accordance with § 11–202.2 of this subtitle;
Is in good standing with its accreditor and, if applicable, its licensing body;
If applicable, has cohort loan default rates, as most recently reported by the U.S. Department of Education, that are less than or equal to:
The cohort loan default rates of the closing institution; or
The national average cohort loan default rates for all institutions;
Is not currently under financial aid restrictions by the U.S. Department of Education; and
Within the previous 5 years:
Has not entered into any settlement agreements related to a consumer protection law with a law enforcement agency; and
Has not had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency.
“Fully online distance education program in the State” has the meaning stated in § 11–202.2 of this subtitle.
“Institutional debt” means:
The amount outstanding on any credit, including unpaid charges, extended by or on behalf of the institution that a student is obligated to repay, whether the amount has been reduced to judgment or the institution classifies it as a loan; or
A nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by:
A private career school;
An institution of postsecondary education; or
A private educational lender that is affiliated with a private career school or an institution of postsecondary education.
“Institutional financial aid agreement” means any contract, promissory note, part of an enrollment agreement, or other agreement in which a student agrees to pay an institutional debt.
This section applies to a private career school or an institution of postsecondary education, as defined in § 10–101 of this article, that:
Operates in the State; or
Enrolls at least 25 students in a fully online distance education program in the State and that has total tuition revenue from Maryland students greater than $100,000 in the immediately preceding academic year.
In addition to any other requirement of this title, an institution identified in subsection (b) of this section shall provide to the Commission a close–out agreement.
A close–out agreement provided under this paragraph shall be updated as required by the Commission.
A close–out agreement under this subsection shall state that:
The institution will make all reasonable efforts to ensure that any closure of a program that enrolls Maryland students is not a disorderly closure;
Unless exempted by the Commission, the chief executive officer and the members of the governing body of the institution were never in an executive position or a member of a governing body of an institution in which a disorderly closure occurred;
Any institutional financial aid agreement offered to a Maryland student shall contain language stating that, in the event of a disorderly closure, the institutional debt is void and may not be recovered, collected, or enforced.
A school–to–school teach–out agreement shall:
Be arranged by the closing institution;
Be between an eligible transfer institution, the closing institution, and the Commission; and
Unless waived for good cause by the Commission, specify that the eligible transfer institution:
If the closing institution has a physical presence in the State, is located within a reasonable distance of the closing institution;
Shall accept the transfer of 75% of completed credits from students affected by the disorderly closure;
Shall allow a Maryland student affected by the disorderly closure to complete the student’s program with substantially the same number of credit hours as was required by the institution operating the closing program; and
May not charge a Maryland student tuition or fees in excess of the lesser of:
The remaining amount that a Maryland student affected by the disorderly closure would have paid to the closing institution to complete the program; or
The transfer institution’s applicable tuition and fees; and
Specify that, on request by a Maryland student affected by the disorderly closure, the closing institution shall provide a complete academic record and an official transcript to the Maryland student at no cost to the Maryland student or the State.
It shall be an unfair, abusive, or deceptive trade practice as defined in § 13–301 of the Commercial Law Article for any institution, person, or entity to collect on a Maryland student’s institutional debt if:
The institutional financial aid agreement does not contain the language required under subsection (c)(2)(iv) of this section; or
The institutional debt is owed by a Maryland student who attended a program in which a disorderly closure occurred.
The Commission shall adopt regulations to carry out the provisions of this section.
In this section the following words have the meanings indicated.
“Program” means the federal Workforce Pell Grant Program by which Pell Grants may be awarded to students enrolled in a short–term program in accordance with Section 83002 of the One Big Beautiful Bill Act, as amended.
“Registered apprenticeship” means an apprenticeship program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Apprenticeship and Training Council.
“Short–term program” means a program of study that is:
At least 150 hours of instruction;
Less than 600 hours of instruction;
At least 8 weeks;
Less than 15 weeks; and
Not a correspondence course as defined in Title 34, Subtitle B, Chapter VI, Part 600 of the Code of Federal Regulations in effect on July 1, 2021.
The purpose of this section is to implement the Workforce Pell Grant Program in the State.
The Governor, after consulting with the Governor’s Workforce Development Board, shall determine whether a short–term program offered at an institution of postsecondary education meets the requirements of this section.
Subject to subparagraph (ii) of this paragraph, an institution of postsecondary education, regardless of having a physical presence in the State, may not:
Disburse Program funds to a student in the State; or
Advertise, market, or inform students in the State about the availability of Program funds for a short–term program.
Subparagraph (i) of this paragraph does not apply if an institution of postsecondary education, regardless of having a physical presence in the State, obtains:
The approval of the Governor under this section for each short–term program for which the institution of postsecondary education seeks to disburse Program funds; and
A determination from the Secretary of the U.S. Department of Education that the institution of postsecondary education meets the requirements of the Program for each short–term program for which the institution of postsecondary education seeks to disburse Program funds.
For the approval to remain effective, every 2 years an institution of postsecondary education shall provide information verifying the short–term program remains in compliance with this section and the Program.
If the Attorney General or court of appropriate jurisdiction finds the institution of postsecondary education engaged in unfair, deceptive, or abusive trade practice under Title 13 of the Commercial Law Article related to the Program, the Governor shall revoke an approval.
Subject to paragraph (2) of this subsection, a short–term program seeking approval under this section shall:
Provide an education aligned with the requirements of:
A high–skill or high–wage occupation as identified by the State under the Carl D. Perkins Career and Technical Education Act; or
An in–demand industry sector or occupation;
Meet the hiring requirements of employers in the sectors or occupations identified under item (i) of this paragraph;
Lead to a recognized postsecondary credential that is stackable and portable across more than one employer; or
Prepare students enrolled in the short–term program for employment in an occupation for which there is only one recognized postsecondary credential and that awards students with the credential on completion of the short–term program; and
Prepare students to pursue one or more certificates or degrees at an institution of postsecondary education by ensuring that:
On completion of the short–term program and enrollment in a related certificate or degree program, a student will receive academic credit that an institution of postsecondary education will accept toward that certificate or degree; and
The academic credit described under item 1 of this item will be accepted toward meeting the certificate or degree program requirements.
The related technical instruction component of a registered apprenticeship program offered at an institution of postsecondary education satisfies the requirements of paragraphs (1)(i), (ii), and (iii) and (3)(iii) of this subsection.
In addition to the requirements of paragraphs (1) and (2) of this subsection, an institution of postsecondary education seeking approval under this section shall provide:
Documentation that, for the 12 months preceding the date on which the institution of postsecondary education applied for approval, the institution offered the short–term program and the short–term program met all requirements of this section;
Documentation that the short–term program has a completion rate of at least 70% within 150% of the normal time for completion for each federal aid award year;
Documentation that the short–term program has a job placement rate of at least 70% after 180 days of completion for each federal aid award year;
Documentation that the tuition and fees for the short–term program are in compliance with the requirements of the Program; and
Any information the Governor’s Workforce Development Board or the Commission requests to verify compliance with this section and the Program.
The Governor’s Workforce Development Board, the Commission, or any other authorized entity may collect an application fee to complete the evaluation.
A registered apprenticeship program approved for workforce Pell Grants shall include in the curriculum both on–the–job learning and classroom learning, including artifacts and demonstrated performance or competency assessment, under the general supervision of the faculty.
In the operation of a short–term program that is authorized under this section, an institution of postsecondary education may not:
Partner, contract, or affiliate with an entity, institution, or organization other than a registered apprenticeship, to offer instruction for the short–term program unless the contracting entity, institution, or organization:
Clearly and prominently discloses that the contracting entity is a company that is separate from the institution of postsecondary education and describes all of the services that the contracting entity is contracted to provide for the institution in the following places:
On the institution of postsecondary education’s website;
In marketing materials about the short–term program; and
In oral communications with prospective students of the short–term program; and
Is not involved with the institution of postsecondary education’s governance, decision making over the design or development of course curriculum or instruction, setting of short–term program admission standards, determining enrollment targets, or creation of new short–term programs;
Unless a loan is 0% interest, partner or affiliate with an entity that offers student loans, lines of credit, or income sharing agreements for the short–term program;
Charge tuition and fees to any student enrolled in the short–term program that are greater than the maximum amount of Pell Grant funds available for any student in that short–term program, as established by the Secretary of Education, for the period of time that the short–term program is offered; or
Offer the short–term program using non–credit–bearing courses unless those courses will transfer to at least one institution of postsecondary education regardless of program completion.
The Governor’s Workforce Development Board shall request and collect relevant data from each institution of postsecondary education offering an approved short–term program.
The data collected under subparagraph (i) of this paragraph may include:
Information regarding employer partnerships;
Job placement sectors; and
The alignment of short–term program curricula with the hiring requirements of in–demand industry sectors.
Each institution of postsecondary education offering an approved short–term program shall provide the data requested by the Governor’s Workforce Development Board under this paragraph in the form and manner required by the Board.
On or before September 30 each year, the Governor’s Workforce Development Board and the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, a summary of the information collected under paragraph (1) of this subsection and the demographic and financial aid information of State students who enrolled in short–term programs approved under this section.
The Governor’s Workforce Development Board and the Commission may adopt regulations necessary to carry out this section.
In this subtitle, “governing board” includes the board of trustees of a community college.
The president of each public institution of higher education is responsible for developing a mission statement.
The president shall submit the mission statement to the institution’s governing board.
Upon the direction of the governing board, the president shall update the mission statement every 4 years in the year immediately following the quadrennial review of the State Plan for Higher Education as set forth in § 11–105 of this title.
The governing board:
Shall review the mission statement and may require the president to prepare a revised mission statement;
May adopt the mission statement as submitted or with amendments; and
Shall submit the statement to the Commission.
In the case of constituent institutions of the University System of Maryland, the Chancellor of the University System of Maryland shall review the statement prior to its consideration by the Board of Regents and make recommendations.
Before adopting the mission statements, the Board of Regents shall review the statements individually and on a systemwide basis to assure that:
They are consistent with the Charter and the systemwide plan; and
They will promote the efficient and effective use of the institution’s and System’s resources.
The Board shall consolidate the statements into an adopted systemwide statement.
Each regional higher education center shall:
Develop a mission statement;
Submit the mission statement to the governing body of the center; and
Upon direction of the governing body, update the mission statement every 4 years in the year immediately following the quadrennial review of the State Plan for Higher Education as set forth in § 11–105 of this title.
The governing body of each regional higher education center:
Shall review the mission statement and may require the preparation of a revised mission statement;
May adopt the mission statement as submitted or with amendment; and
Shall submit the statement to the Commission.
The Commission shall:
Develop detailed criteria for the robust review of mission statements of public institutions of higher education, including ensuring the mission of each institution is reflective of the institution’s statutory distinction and clearly defined and distinct from other public institutions; and
Review the mission statement to determine whether the mission statement is consistent with the State Plan for Higher Education.
The mission statement shall be deemed approved within 90 days of receipt unless the Commission:
Finds the statement is not consistent with the State Plan for Higher Education; or
Rejects the statement after conducting a review in accordance with paragraph (1) of this subsection.
After approving or rejecting a mission statement of a public institution of higher education, the Commission, in accordance with § 2–1257 of the State Government Article, shall submit to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, and the House Appropriations Committee a report that includes an analysis explaining:
The role of the public institution of higher education within the system of higher education in the State to ensure the mission statement is clearly defined and distinct from other public institutions of higher education; and
Why the mission statement was approved or rejected.
The Commission is encouraged to use the report required under subparagraph (i) of this paragraph to ensure that the State is supporting each public institution of higher education in meeting the needs described in the mission statements.
If the Commission finds that the mission statement is not consistent with the State Plan for Higher Education or rejects the statement under paragraph (2) of this subsection, the Commission shall return the statement together with its objections that include the specific areas of inconsistency with the State Plan for Higher Education to the governing board.
The governing board and the institution president shall negotiate with the Commission and amend the statement or prepare a new statement.
The Commission, with the assistance of the presidents of the institutions required to develop mission statements under this subtitle, shall establish and periodically update the format of mission statements of the institutions of higher education to include specific short- and long-range goals and measurable objectives to be achieved through the implementation of the institution’s performance accountability plan as required under § 11-304 of this subtitle.
The mission statements developed by the presidents of the constituent institutions of the University System of Maryland shall include information necessary to meet the requirements of the program development and review process established under § 11-206.1 of this title.
The Commission, with the assistance of the regional higher education centers required to develop mission statements under this subtitle, shall establish and periodically update the format of mission statements to include specific short- and long-range goals and measurable objectives consistent with the policies and guidelines of the Commission.
The president of each public institution shall prepare a performance accountability plan.
The president shall submit the plan to the institution’s governing board.
The president shall update the accountability plan as appropriate and upon the direction of the governing board.
The governing board:
Shall review the accountability plan;
May amend and shall adopt or disapprove the plan; and
Shall submit the plan to the Commission.
In the case of the constituent institutions of the University System of Maryland, the Chancellor of the University System of Maryland shall review the plan prior to its consideration by the Board of Regents and make recommendations.
The governing board shall submit the performance accountability plan of the institution to the Commission for review and comment.
The Commission may disapprove the accountability plan and require the governing board to reconsider the plan if the Commission finds:
The plan does not conform to the format or guideline established by the Commission;
The measurement techniques embodied in the plan are invalid or unreliable; or
The plan is not reasonably related to the institution’s mission statement.
Performance accountability plans developed under this subtitle shall:
Be based on the institutional mission statement and shall include a statement of the outcomes which each institution expects to achieve;
Include multiyear studies which shall include quantifiable indices of student academic performance and development including graduation and retention rates and the results of academic program reviews;
Identify institutional performance objectives appropriate to the mission of the institution in addition to those related to student learning and include reports based on regional and professional accreditation and certification;
In the case of public senior higher education institutions, designate a set of peer institutions to which the institution’s performance will be compared; and
Make provision for improvements, as needed, as a result of the performance accountability report.
Every year the president of each public institution of higher education shall submit to its governing board a written report on the attainment by the institution of the objectives in the performance accountability plan of the institution.
The governing board shall:
Submit the report to the Commission; and
Hold each president accountable for meeting the objectives in the performance accountability plan.
The Commission shall:
Compile and review the reports of the institutions and system; and
Present the reports, together with the comments and recommendations of the Commission, to the Governor and, subject to § 2-1257 of the State Government Article, the General Assembly of Maryland.
The Commission may adopt regulations to carry out the provisions of this subtitle, including regulations that establish:
Deadlines for submission of mission statements, performance accountability plans, and annual reports; and
Formats and guidelines for the preparation of plans and reports.
Before any institution of postsecondary education operating in this State discontinues academic or administrative operation, the institution shall file with the Commission the original or legible copies of all essential records of the academic achievements of all former students of the institution.
In the case of an institutional closure that results in a merger, the Commission may approve a plan to file the essential records of all former students of the institution with the successor institution.
The obligation of an institution under paragraph (1) of this subsection may not be discharged in bankruptcy.
The records shall present, as separate documents:
The official academic transcript of each former student;
Any other academic information usually required by institutions of postsecondary education when considering students for transfer or advanced study; and
If requested by the Commission, the financial aid and financial account information of each former student.
The records shall be accompanied by an affidavit as to the accuracy and completeness of the records on behalf of the institution’s:
Board of Trustees;
Bursar;
Chief administrative officer;
Chief executive officer;
Chief financial officer; or
Registrar.
The Commission shall maintain a permanent file of all records filed with it under this section.
If a student who attended an institution that closed in accordance with this title requests a copy of the student’s official academic transcript from the Commission and the Commission determines that the requested transcript is missing, incomplete, or in a format inaccessible to the student, the Commission may issue a replacement transcript for the student based solely on the most recent information provided by the institution that the student attended.
A replacement transcript issued in accordance with paragraph (1) of this subsection shall:
Be signed by a designee of the Secretary of Higher Education;
Contain an explanation of the closure of the institution; and
Contain an explanation of the source of all information contained in the replacement transcript.
Except as provided in paragraph (2) of this subsection, a replacement transcript issued in accordance with this section shall be accepted as an official transcript by:
Any institution of postsecondary education operating in the State; and
Any institution registered to provide a fully online distance education program in the State.
For purposes of student transfer, an institution of postsecondary education or a fully online distance education program in the State may consider, instead of or in addition to a replacement transcript, an unofficial transcript or other transcript information provided by the student that the receiving institution or program deems relevant.
The Commission shall adopt regulations necessary to carry out the provisions of this section.
The regulations adopted in accordance with this subsection shall include:
A specification of the manner and format in which student records are to be filed with the Commission; and
A description of the circumstances under which an institution of postsecondary education or a fully online distance education program in the State may discontinue academic or administrative operation.
This section does not apply to the recruitment of a foreign student who is:
Residing in a foreign country; and
Not eligible to receive federal student assistance.
An institution of higher education may not pay a commission, a bonus, or any other incentive payment based on success in securing enrollments or the award of financial aid to a person or entity engaged in student recruitment or admission activity.
The Commission shall maintain a list of State higher education institutions, including community colleges, offering tuition waivers to members of the Maryland National Guard.
The list required under this section shall:
Include the tuition waiver policy of each institution and a contact name and telephone number;
Be updated at least annually; and
Be shared with the military department for distribution to members of the Maryland National Guard.
Except as provided in paragraph (2) of this subsection, an institution of higher education approved by the Commission to operate in the State that does not possess regional accreditation from the Commission on Accreditation of the Middle States Commission on Higher Education or another regional accrediting body approved by the Commission shall require its students to sign a letter of acknowledgment that the transfer of credits may be difficult if the student intends to transfer the credits to a regionally accredited institution of higher education in the State.
An institution of higher education in the State that does not possess regional accreditation from a regional accrediting body referenced in paragraph (1) of this subsection is exempt from the requirements of this section if the institution of higher education has written articulation agreements with three or more regionally accredited institutions of higher education in the State.
The institution shall keep on file the letter of acknowledgment required under subsection (a) of this section while the student attends the institution and for 2 years or more after the student completes the course.
The Commission shall:
Create a template for the letter of acknowledgment required under subsection (a) of this section; and
Post the template on the Commission’s website.
In this section, “Fund” means the Nurse Support Program Assistance Fund.
There is a Nurse Support Program Assistance Fund in the Commission.
The Fund is a continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Treasurer shall separately hold and the Comptroller shall account for the Fund.
The Fund shall be invested and reinvested in the same manner as other State funds.
Any investment earnings of the Fund shall be paid into the Fund.
The Fund consists of revenue generated through an increase, as approved by the Health Services Cost Review Commission, to the rate structure of all hospitals in accordance with § 19–211 of the Health – General Article.
Expenditures from the Fund shall be made by an appropriation in the annual State budget or by approved budget amendment as provided under § 7–209 of the State Finance and Procurement Article.
The money in the Fund shall be used for competitive grants and statewide grants to increase the number of qualified nurses in Maryland hospitals in accordance with guidelines established by the Commission and the Health Services Cost Review Commission.
The guidelines established under subsection (e) of this section shall provide that a portion of the competitive grants and statewide grants be used to attract and retain minorities to nursing and nurse faculty careers in Maryland.
In this section, “cultural diversity” means the inclusion of those racial and ethnic groups and individuals that are or have been underrepresented in higher education.
Each public institution of higher education in the State shall develop and implement a plan for a program of cultural diversity.
If an institution of higher education already has a program of cultural diversity, the institution of higher education shall develop and implement a plan for improving the program.
A plan developed and implemented under this subsection shall include an implementation strategy and a time line for meeting goals within the plan.
A plan developed under paragraph (1) of this subsection shall include:
A description of the way the institution addresses cultural diversity among its student, faculty, and staff populations;
A description of how the institution plans to enhance cultural diversity, if improvement is needed;
A process for reporting campus–based hate crimes, as defined under Title 10, Subtitle 3 of the Criminal Law Article and consistent with federal requirements under 20 U.S.C. 1092(f), known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and
A summary of any resources, including State grants, needed by the institution to effectively recruit and retain a culturally diverse student body.
A plan developed under paragraph (1) of this subsection shall enhance cultural diversity programming and sensitivity to cultural diversity through instruction and training of the student body, faculty, and staff at the institution of higher education.
On or before July 1 of each year, each institution shall submit the plan developed under subsection (b) of this section to the governing body of the institution for the governing body’s review.
On or before September 1 of each year, the governing body of an institution shall submit a progress report regarding the institution’s implementation of its plan to the Commission.
The Commission shall review the progress report submitted by each governing body under subsection (c) of this section to monitor compliance with the diversity goals of the State Plan for Higher Education.
On or before December 1 of each year, the Commission shall submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Committee on Ways and Means on the extent to which the institutions of higher education in the State are in compliance with the diversity goals of the State Plan for Higher Education.
The Commission may require reasonable annual reports and data from a for–profit institution of higher education as the Commission generally requires of other institutions of higher education.
The Commission may not require a for–profit institution of higher education to report to the Commission on matters that concern information, data, or documents, however styled, that are proprietary to the institution or that constitute a trade secret.
If a private nonprofit institution of higher education engages in a reportable incident, as defined under § 10–101 of this article, the Commission shall determine whether the incident constitutes private inurement.
In this section the following words have the meanings indicated.
“Community college” means a community college established under Title 16 of this article.
“Over–the–counter contraception” means a contraceptive drug or device approved by the federal Food and Drug Administration that can be obtained for use without a prescription.
“Public senior higher education institution” means:
The constituent institutions of the University System of Maryland;
Morgan State University; or
St. Mary’s College of Maryland.
“Public senior higher education institution” does not include:
The University of Maryland Center for Environmental Science; or
The University of Maryland Global Campus.
On or before September 1, 2026, and each September 1 thereafter, on a form provided by the Commission, each public senior higher education institution and community college shall submit a report to the Commission on the provision of over–the–counter contraception on campus, including:
How students are provided access to over–the–counter contraception on campus;
Whether the public senior higher education institution or community college has provided access to all methods of over–the–counter contraception as required under §§ 15–136 and 16–111 of this article;
The amount of over–the–counter contraception provided on campus, disaggregated by each method of over–the–counter contraception; and
A description of how the public senior higher education institution or community college has consulted with students and student organizations in relation to providing over–the–counter contraception on campus.
On or before October 1, 2026, and each October 1 thereafter, the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the information provided under subsection (b) of this section.
Each institution of postsecondary education that operates in the State and that is required to make a net price calculator publicly available on its website under the federal Higher Education Opportunity Act of 2008, 20 U.S.C.A. § 1015a, shall ensure that the net price calculator is posted on its website in a conspicuous location.
For all first–time, full–time undergraduate students at an institution of postsecondary education that operates in the State, the institution shall provide to the student information on the cost of higher education at the institution by completing and mailing or providing electronically, at a minimum, the information contained on the form known as the Financial Aid Shopping Sheet, as promulgated by the U.S. Department of Education.
The Financial Aid Shopping Sheet or the information contained on the Financial Aid Shopping Sheet shall be mailed or provided electronically to the student at the same time that an award of federal financial aid is mailed or provided electronically to the student.
In this section, “public institution of higher education” does not include the University of Maryland Global Campus.
The Commission shall collect student–level data from each public institution of higher education in the State on the parental status of students enrolled in each institution.
The Commission, in consultation with the public institutions of higher education, shall develop questions that allow each student to identify:
Whether the student is a parent or a legal guardian, acting as a parent or a legal guardian, or exercising care, custody, or control over a child of any age;
The age of the children for which the student has responsibility; and
The type of caregiving responsibilities the student provides, including whether the student:
Is a single parent; or
Shares parental responsibilities with someone in the same household or a different household.
Each public institution of higher education shall place the questions developed under subsection (b) of this section on one or more forms that are used by the institution to collect demographic data from students.
Each public institution of higher education shall make the data collected under this section available to the Commission in accordance with the format determined by the Commission under subsection (d) of this section.
The Commission shall adopt regulations to carry out this section, including:
Establishing a common format and time frame for the collection and reporting of the data required under this section; and
Requiring the collection of parental status data to be included with the collection of other demographic data.
Information collected in accordance with this section is not considered to be a medical or health record for purposes of § 24–701(l) of this article.
On or before September 1, 2027, and each September 1 thereafter, the Commission shall submit a report to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, that summarizes the data collected by the Commission under this section.
In this subtitle the following words have the meanings indicated.
“Commission” means the Maryland Fire–Rescue Education and Training Commission.
“Emergency services” means fire, rescue, and ambulance services.
“Schools” means the Maryland Fire and Rescue Institute, any emergency services training academy operated by any city, county, or municipal government, any community college offering emergency services education and training courses, any public school offering emergency services education and training courses, and any private or governmental institution or body providing emergency services education and training courses.
There is a Maryland Fire-Rescue Education and Training Commission in the Maryland Higher Education Commission.
The Commission consists of 13 members appointed by the Governor with the advice and consent of the Senate. Of the members:
Each shall be qualified to deal with the matters within the authority of the Commission;
Six shall be volunteer emergency services personnel or instructors;
Three shall be emergency services instructors who are career personnel representing the academies;
Three shall be career emergency services personnel who are not instructors; and
One shall be a member of the general public.
Each member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
A member may be removed by the Governor:
For neglect of duty; or
If the Governor believes the member’s continued membership is not in the public interest.
Each member of the Commission:
Serves without compensation; but
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
The Governor shall designate one of the members of the Commission as the chairman of the Commission. The chairman serves at the pleasure of the Governor.
Each year, the Commission shall elect a vice chairman and any other officer it requires.
The Commission:
Shall meet at least once every 2 months;
May meet at any other time the chairman designates; and
May adopt rules for the conduct of its meetings.
A quorum consists of 7 members, one of whom shall be the chairman or vice chairman.
Subject to the authority of the Secretary, the Commission shall:
Keep minutes of its meetings and any other records it considers necessary;
Cooperate with and assist schools in coordinating and improving all emergency services education and training activities;
Cooperate with the University of Maryland in developing a program for accrediting emergency services instructors;
Consult with emergency services instructors and personnel to develop minimum uniform education and training standards for emergency services instructors, personnel, and schools;
Cooperate with schools to help standardize course content and reciprocity of college credits for emergency services education and training;
Cooperate with appropriate government agencies to develop and maintain a current master plan for emergency services education and training;
Cooperate with the Maryland Fire and Rescue Institute to develop and operate a system for collecting, analyzing, and exchanging information on emergency services education and training;
Encourage, promote, and review new techniques, methods, and procedures for emergency services;
Cooperate with and review material from other states and federal agencies on emergency services education and training;
Recommend to the Secretary rules and regulations necessary or appropriate to accomplish the purposes and objectives of the Commission;
Review any proposed or adopted national standards or certification programs for emergency services and recommend to the Secretary the actions that should be taken regarding them;
Prepare an annual report on the activities of the Commission to the Secretary, the Governor, and, subject to § 2-1257 of the State Government Article, the General Assembly; and
Provide a place of storage for the records of the Commission and the original Governor’s Commission on Fire Services.
The Maryland Higher Education Commission shall provide staff services for the Commission.
By August 1, 1993, the governing body of each institution of higher education shall adopt and submit to the Commission a written policy on sexual assault.
The policy adopted under paragraph (1) of this subsection shall apply to each student, faculty member, and employee of the institution and inform the students, faculty members, and employees of their rights and duties under the policy.
Each institution of higher education shall post at appropriate locations on each campus and distribute to its students, faculty members, and employees a copy of the policy adopted under subsection (a) of this section.
Each institution of higher education shall implement the policy adopted under subsection (a) of this section.
The sexual assault policy required under subsection (a) of this section shall conform with § 485(f) of the Higher Education Act of 1965 as amended, Title IX of the Education Amendments of 1972, and any additional requirements under this section and shall include procedures for reporting an incident of sexual assault and for taking disciplinary actions against a violator of the policy, including provisions for:
Informing a victim of a sexual assault of the right to file criminal charges with the appropriate law enforcement official;
The prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of an incident of sexual assault;
Designation of the nearest hospitals equipped with the Department of State Police Sexual Assault Evidence Collection Kit;
Full and prompt cooperation from campus personnel in obtaining appropriate medical attention, including transporting the victim to the nearest designated hospital;
Offering counseling to a victim of sexual assault from mental health services provided by the institution, other victim service entities, or the nearest State designated rape crisis program;
After a campus sexual assault has been reported, and upon the request of the alleged victim, the transfer of the alleged victim to alternative classes or housing, if such alternatives are available and feasible;
Prohibiting the imposition of a campus conduct action, except for a mandatory intervention for substance abuse, for a violation of the alcohol or drug use policies of the institution of higher education for a student who reports to the institution or a law enforcement officer an incidence of sexual assault or who participates in an investigation of a sexual assault as a witness if:
The institution of higher education determines the violation occurred during or near the time of the alleged sexual assault;
The student is determined to have made the report of sexual assault or is participating in an investigation as a witness in good faith; and
The institution of higher education determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk;
Prohibiting the institution of higher education from retaliating against a student who files a complaint for sexual assault or who participates as a witness in an investigation of a sexual assault; and
Pursuing formalized agreements with:
The local law enforcement agency that complies with the relevant provisions of Title IX of the Education Amendments of 1972 and clearly states when a school will refer a matter to local law enforcement; and
A State designated rape crisis program, federally recognized sexual assault coalition, or both that formalizes a commitment to provide trauma–informed services to victims of sexual assault and improve the overall response to sexual assault by the institution of higher education.
The governing body of each institution of higher education shall include in the sexual assault policy required under subsection (a) of this section provisions for disciplinary proceedings for alleged violations of the sexual assault policy.
On or before August 1, 2019, the governing body of each institution of higher education shall adopt and submit a revised sexual assault policy that includes the disciplinary proceedings provisions required under paragraph (1) of this subsection.
The disciplinary proceedings provisions required under paragraph (1) of this subsection shall include a description of the rights of a student who alleges a violation of or a student who responds to an allegation of a violation of the institution’s sexual assault policy, including:
Treatment with dignity, respect, and sensitivity by officials of the institution of higher education during all phases of the disciplinary proceedings;
A fair and impartial investigation;
Disciplinary proceedings and resolutions that are prompt and equitable and provide an opportunity for the alleged victim and the alleged violator to be heard;
Timely written notice of:
The reported violation, including the date, time, and location of the alleged violation, and the range of potential sanctions associated with the alleged violation;
The student’s rights and responsibilities under the sexual assault policy and information regarding other civil and criminal options;
The date, time, and location of each hearing, meeting, or interview that the student is required or permitted to attend;
A final determination made by the adjudicating official or body regarding whether a sexual assault policy violation occurred and the basis for the determination;
Any sanction imposed; and
The student’s rights to appeal and a description of the appeal process;
Participation in the disciplinary proceedings, including:
Access to the case file and evidence regarding the incident obtained by the institution of higher education during the investigation or considered by the adjudicating official or body, with personally identifiable or other information redacted as required by applicable law;
Offering testimony at a hearing or, if the institution’s process does not include a hearing, to the adjudicating official;
Submitting evidence, witness lists, and suggested specific questions to be posed to the other student involved in the disciplinary proceedings by investigators or the adjudicating official or body;
Providing and reviewing testimony electronically or in a way in which the students are not required to be in the physical presence of the other;
Reviewing and providing written responses to reports and proposed findings; and
Appealing a determination or a sanction;
Assistance by a licensed attorney, an advocate supervised by an attorney, or a trained advocate throughout the disciplinary proceedings, including by the attorney’s or advocate’s:
Attendance at hearings, meetings, and interviews with the student;
Private consultations with the student during hearings, meetings, and interviews, except during questioning of the student at a hearing; and
Assistance with the student’s exercise of any right during the disciplinary proceedings; and
Notwithstanding the choice that a student makes under paragraph (4)(v) of this subsection, the presence of no more than two people, including a personal supporter of the student’s choice, an attorney, or an advocate, at any hearing, meeting, or interview during the disciplinary proceedings.
The disciplinary proceedings provisions required under paragraph (1) of this subsection shall:
Require the institution of higher education to provide each student involved in disciplinary proceedings with notice, presented in an appropriate and sensitive format, before the start of the disciplinary proceedings, of:
The student’s right to the assistance of an attorney or an advocate;
The legal service organizations and referral services available to the student; and
The student’s right to have a personal supporter of the student’s choice at any hearing, meeting, or interview during the disciplinary proceedings;
Require the use of the same standard of proof used in other disciplinary proceedings at the institution of higher education for allegations of code of conduct violations involving discrimination or harm to another individual;
Except as provided in paragraph (5) of this subsection, prohibit the institution of higher education from using mediation to resolve an allegation of a violation of the institution’s sexual assault policy;
Prohibit the adjudicating official or body from considering certain evidence, including:
A student’s prior sexual history with an individual other than a party to the proceedings, except to:
Prove the source of injury;
Prove prior sexual misconduct;
Support a claim that a student has an ulterior motive; or
Impeach a student’s credibility after that student has put his or her own prior sexual conduct at issue; and
A student’s history of mental health counseling, treatment, or diagnosis, unless the student consents; and
Authorize students to access counsel paid for by the Commission, as described under paragraph (6) of this subsection, for:
A current or former student who makes a complaint on which a formal Title IX investigation is initiated and who was enrolled as a student at the institution at the time of the incident that is the basis of the complaint, unless the student knowingly and voluntarily chooses not to have counsel; and
A current or former student who responds to a complaint on which a formal Title IX investigation is initiated and who was enrolled as a student at the institution at the time of the incident that is the basis of the complaint, unless the student knowingly and voluntarily chooses not to have counsel.
The disciplinary proceedings provisions required under paragraph (1) of this subsection shall authorize an institution to use mediation or other informal mechanisms for resolving a complaint relating to the institution’s sexual assault policy if:
The complaining student requests an informal mechanism;
All parties to the complaint, and the institution, agree to the use of the informal mechanism;
The institution participates in the informal mechanism by providing trained staff;
Any party may end the informal mechanism at any time in favor of a formal resolution proceeding; and
The alleged misconduct does not involve sexual assault or sexual coercion.
The disciplinary proceedings provisions required under paragraph (1) of this subsection shall, unless a student waives counsel under paragraph (4)(v) of this subsection, require the Commission to pay reasonable costs and attorney’s fees for students provided counsel under paragraph (4)(v) of this subsection, as provided under this paragraph.
In consultation with State and local bar associations and legal services providers with expertise about sexual misconduct, the Commission shall develop a list of attorneys and legal services programs willing to represent students on a pro bono basis or at fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation, established under Title 11 of the Human Services Article.
A student may select an attorney from the list developed under subparagraph (ii) of this paragraph.
A student may select and retain an attorney prior to the conclusion of the formal Title IX proceedings.
An institution may not discourage a student from retaining an attorney.
If a student selects and retains an attorney who is not on the list developed under subparagraph (ii) of this paragraph, the Commission shall pay fees to the attorney selected by the student that are equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation.
This subsection may not be construed to prohibit an institution of higher education from imposing interim safety measures.
The Commission is not required to pay a student’s attorney’s fees for representation in a criminal or civil matter.
The Commission shall:
Coordinate the development of the sexual assault policies; and
Periodically review and make recommendations for changes in these policies.
The Commission, in consultation with institutions of higher education, shall establish procedures for the administration of a sexual assault campus climate survey by each institution of higher education.
The procedures shall require each institution of higher education to provide for the completion of the survey by various methods, including online.
On or before March 1, 2016, and at least every 2 years thereafter, each institution of higher education shall:
Develop an appropriate sexual assault campus climate survey using nationally recognized best practices for research and climate surveys; and
Administer the sexual assault campus climate survey to students in accordance with the procedures established under subsection (f) of this section.
On or before June 1, 2016, and every 2 years thereafter, each institution of higher education shall submit to the Commission:
A report on school specific results of the sexual assault survey; and
A report aggregating the data collected by the institution regarding sexual assault complaints made to the institution, including the:
Types of misconduct;
Outcome of each complaint;
Disciplinary actions taken by the institution;
Accommodations made to students in accordance with the sexual assault policy established under subsection (c) of this section; and
Number of reports involving alleged nonstudent perpetrators.
In reporting the data under paragraph (1) of this subsection, the institution of higher education shall make reasonable efforts to protect student privacy.
An institution of higher education shall submit the data required under paragraph (1) of this subsection together with the reporting requirements of the federal Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended by the Violence Against Women Reauthorization Act of 2013.
On or before October 1, 2016, and every 2 years thereafter, the Commission shall:
Report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Health and Government Operations Committee, and the House Appropriations Committee on the reports required under subsection (h) of this section; and
Publish the reports required under subsection (h) of this section on the Commission’s website and in any other location or venue the Commission determines is necessary or appropriate.
Nothing in this subtitle shall be construed to confer a private cause of action upon any person to enforce the provisions of this subtitle.
In this section, “Fund” means the Legal Representation Fund for Title IX Proceedings.
There is a Legal Representation Fund for Title IX Proceedings.
The purpose of the Fund is to provide funds for reasonable costs and attorney’s fees for students provided with counsel under § 11–601 of this subtitle.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Any investment earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only to pay for reasonable costs and attorney’s fees for students provided with counsel under § 11–601 of this subtitle.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Beginning in fiscal year 2021, the Governor shall include in the annual budget bill an appropriation of at least $250,000 to the Program.
In cooperation with the State’s public and private nonprofit institutions of postsecondary education, the Maryland State Department of Education, and the local school systems, the Commission shall establish and administer a College Preparation Intervention Program.
The purpose of the College Preparation Intervention Program is to raise the level of academic preparedness of economically and environmentally disadvantaged students to enable them to attend and succeed in college.
The College Preparation Intervention Program may include activities to:
Improve diagnosis of basic skill deficiencies of middle and high school students to enhance the preparedness of the students for college;
Establish a testing program, using presently administered tests to the extent possible, to evaluate achievement levels and assess the preparation of high school students who are potentially college bound;
Compile a list of courses of study recommended for college preparation and distribute copies of the list to the high school students and their parents;
Provide information regarding college preparation to high school students in a timely manner so the student can make course changes to be better prepared for college;
Improve information to high schools and local school systems concerning the performance of their graduates at the college level in at least the following areas:
The adequacy of preparation of the students in basic skills on the students’ entry into college;
The campus enrollment and transfer patterns of students;
The program choices of the students;
The performance of the students on achievement tests; and
The rate of retention and graduation of students; and
Assist high schools and local school systems in the use of this information to improve student outcomes.
Each year, the Commission shall submit a report to the Governor and the General Assembly of Maryland addressing the status of the College Preparation Intervention Program.
The Governor shall include in the annual budget bill an appropriation of at least $750,000 from the General Fund of the State for the College Preparation Intervention Program.
There is a Maryland Digital Library in the Commission.
The purpose of the Maryland Digital Library is to:
Strengthen the academic library cooperation in the State; and
Create fiscal efficiencies through enhanced cooperation among academic libraries.
The Maryland Digital Library consists of the academic libraries in public and private nonprofit institutions of postsecondary education that hold a certificate of approval from the Commission.
On receipt of recommendations from the Maryland Digital Library Advisory Council the Commission may encourage each academic library at a public or private nonprofit institution of postsecondary education to:
Increase shared access to information of critical value in Internet-accessible electronic form and in library collections of books, journals, sound recordings, and other traditional forms of material;
Optimize effective use of funding in the acquisition and creation of digital resources;
Digitize unique collections in the academic library to create Internet and other on-line resources beneficial to elementary, secondary, and higher education;
Train librarians and staff to improve services in the information technology environment; and
Develop programs that support training library users to access Internet and electronic materials.
The Maryland Digital Library, in collaboration with the county libraries, Enoch Pratt Free Library, the Maryland State Archives, and elementary and secondary school libraries, may develop programs to support all residents of the State.
On or before October 1 of each year, the Maryland Digital Library Advisory Council shall submit a report regarding the financial status and operations of the Maryland Digital Library over the past fiscal year to the Commission.
In this subtitle the following words have the meanings indicated.
“Committee” means the Instructional Materials Access Guidelines Committee.
“Instructional material” means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled.
“Instructional material” does not include materials for which software is not commercially available at a reasonable price to permit the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities, including mathematics and science materials.
“Library” means the Maryland Library for the Blind and Print Disabled.
“Printed instructional material” means instructional material in book or other printed form.
“Structural integrity” means material composed of all of the textual printed instructional material.
“Structural integrity” includes the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies.
“Structural integrity” does not include material composed of nontextual elements such as pictures, illustrations, graphs, or charts.
On or before December 1, 2007, in order to coordinate the distribution of instructional materials to blind and other print disabled students, the Maryland Library for the Blind and Print Disabled shall convene an Instructional Materials Access Guidelines Committee.
The Committee consists of:
The Secretary of Higher Education, or the Secretary’s designee;
The Secretary of Disabilities, or the Secretary’s designee;
The State Superintendent, or the State Superintendent’s designee; and
The following 14 members appointed by the Governor:
One member representing the Library;
Five members representing publishers of textbooks used in higher education who may include representatives of the Association of American Publishers;
Three members, one representing each of the following institutions of higher education:
The University System of Maryland;
A community college; and
A 4–year private nonprofit institution of higher education;
Two representatives who have knowledge regarding accessible formats for blind and other print disabled individuals;
One representative of the student population at institutions of higher education in the State who is blind or print disabled; and
Two members from Maryland organizations representing blind or other persons with print disabilities.
At least two of the members of the Committee, in addition to the student member, shall be blind or print disabled.
The Governor shall designate the Chair of the Committee.
A member of the Committee shall serve for a period of 3 years.
The Committee shall expire on December 1, 2010.
The Department, the Department of Disabilities, and the Maryland Higher Education Commission shall provide staff for the Committee.
The Committee shall:
Assist the Library in establishing guidelines to facilitate the delivery of instructional materials to blind and print disabled students at institutions of higher education in the State;
Review the guidelines established under item (i) of this paragraph each year; and
Assist the Library in revising the guidelines as necessary based on changes in technology or any other pertinent factors.
The guidelines shall include:
A method by which a course instructor, in consultation with the individual at the Library or institution designated to make the request for materials under this subtitle, designates which course materials are considered required or essential to student success;
A determination of the availability of technology for the conversion of mathematics and science materials;
The procedures and standards relating to distribution of files and materials;
Available electronic formats;
A list of justifications for which a publisher may reasonably be exempted from complying with the provisions of this subtitle;
Procedures for granting a publisher an exemption when it is determined that a publisher is unable to comply with the requirements of this subtitle for a justifiable reason included in the list required under item (v) of this paragraph;
A requirement that the review of the future recommendations of the Alternative Formats Solutions Initiative of the Association of American Publishers determine whether to recommend the incorporation of these recommendations into the guidelines; and
Any other information the Committee determines to be relevant.
On the request of an eligible blind or print disabled student, the Library shall request that a publisher that offers for sale electronic or print instructional materials used by students enrolled in institutions of higher education in the State provide the instructional materials to the Library in an electronic format.
Except as otherwise provided in this subtitle, on or after January 1, 2008, on the receipt of a request under subsection (a) of this section, a publisher shall have 15 business days from the date of the request to:
Provide the requested instructional materials in an electronic format; or
Provide the reason that an electronic format cannot be provided within 15 business days.
Except as provided in subsection (d) of this section, if a publisher responds under subsection (b)(2) of this section that an electronic format cannot be provided within 15 business days, the publisher shall indicate to the Library:
When the instructional materials will be provided in an electronic format; or
The specific reason, consistent with the guidelines established under § 11–902(g) of this subtitle, why the instructional materials may not be provided to the Library within the required time frame.
A publisher is not required to provide instructional materials in an electronic format if the instructional materials were:
Generated by faculty; or
Copyrighted before July 1, 2004.
The electronic format of printed instructional material provided by a publisher to the Library for use by a student with a disability under this subtitle shall:
Maintain the structural integrity of the printed instructional material;
Be compatible with commonly used braille translation or speech synthesis software, if necessary; and
Include corrections and revisions as necessary.
If the Library and a publisher cannot in good faith agree on an electronic format that maintains the structural integrity of the printed instructional material as required under subsection (a) of this section, the publisher shall provide the instructional material in an electronic format that maintains as much of the structural integrity of the printed instructional material as possible.
Except as provided in subsection (i) of this section, the Library or institution shall submit to a publisher a written request for an electronic format of instructional material that includes:
Certification that the institution has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend the institution has purchased the instructional material;
Certification that the student has a disability that prevents the student from using standard instructional materials;
Certification that the electronic format of the printed instructional material will be used by a student in connection with a course in which the student is registered or enrolled at the institution; and
The signature of the individual designated by the Library or institution to request the electronic format of the instructional material under this subtitle.
On receipt of a written request under subsection (c) of this section, the publisher shall provide the Library with the electronic format of the printed instructional material at no additional cost and in a timely manner.
Except as provided in subsection (i) of this section, a publisher receiving a written request under subsection (c) of this section may require the Library to provide the publisher with a copy of an agreement that:
States that the student requesting and using the electronic format of the instructional material provided by the publisher will use the material solely for the student’s personal educational use;
States that the student has agreed not to copy, duplicate, or distribute the electronic copy of the instructional material for use by other individuals; and
Is signed by the student requesting and using the electronic copy.
If the Library or an institution permits a student to directly use the electronic format of the instructional material, the Library or institution shall take the following steps to protect the electronic copy from duplication and distribution in violation of the Copyright Revisions Act of 1976:
The disk or file shall be copy–protected or contain other reasonable security measures; and
The Library or institution shall require a student using the electronic copy to sign the agreement under subsection (e) of this section.
An institution may not make the electronic format of the instructional material available on a server unless the following security measures are followed:
A security process, including an identification and password system, is installed to permit only authorized students with disabilities access to the protected materials; and
Other technical security measures are installed to prevent a student from downloading the electronic format of the instructional material unless the student has signed the agreement under subsection (e) of this section.
A publisher may install technical security measures to prevent the unauthorized copying, modification, distribution, or use of the electronic format of the instructional material if the security measures do not interfere with the student’s use of electronic copy.
The Library, an institution, or any component of an institution shall notify the publisher each time the Library, institution, or a component of the institution intends to duplicate an electronic format or a specialized format produced from the electronic format for use of the protected material by other students with disabilities.
For each additional student for whom the Library, an institution, or a component of an institution intends to duplicate an electronic format under paragraph (1) of this subsection, the Library, institution, or component of an institution shall follow the request procedures in this section.
An institution may assist a student with a disability to transcribe or arrange for the transcription of printed instructional material into braille using the electronic format of the instructional material.
If a braille copy is transcribed under paragraph (1) of this subsection, the institution shall have the right to share the braille copy of the printed instructional material with other students with disabilities at the institution.
A member of the faculty of an institution of higher education may request from the Library instructional materials in an electronic format.
For a request on behalf of a faculty member, the Library is not required to provide to a publisher the certifications specified under subsection (c) of this section.
Beginning in fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget submission $200,000 for the Library to carry out its obligations under this subtitle.
Nothing in this subtitle shall be construed to require the Committee, the Library, or a publisher of instructional materials to:
Convert instructional materials into accessible formats for blind and print disabled students; or
Require a publisher to provide any format other than an electronic format provided under § 11–904 of this subtitle.
A publisher of instructional material may not be required to:
Perform any act that would constitute an infringement of a copyright under the Copyright Revision Act of 1976;
Provide an electronic format of instructional material if the publisher:
Publishes or manufactures a version of the instructional material that is accessible to students with disabilities;
Chooses to provide an electronic format of instructional material directly to a student in a timely manner; or
Has not previously produced a digital version of the fully edited and typeset instructional material, including instructional material produced by a method that does not require the creation of a digital file; or
Provide an electronic format of instructional material that is no longer in print or available and offered for sale by the publisher.
The Commission shall attempt to use to the greatest extent feasible minority business enterprises to provide brokerage and investment management services to the Commission for any fund established under this Division III consistent with minority business purchasing standards applicable to units of State government under the State Finance and Procurement Article and consistent with the fiduciary duties of the Commission.
For purposes of this section, brokerage and investment management services shall include services relating to all allocated asset classes.
To assist the Commission in achieving the goal described under subsection (a) of this section, the Commission shall undertake measures to remove any barriers that limit full participation by minority business enterprises in brokerage and investment management services opportunities afforded by the Commission for any fund established under this Division III.
The measures undertaken by the Commission shall include the use of a wide variety of media, including the Commission’s website, to provide notice to a broad and varied range of potential providers about the brokerage and investment management services opportunities afforded by the Commission.
In conjunction with the Governor’s Office of Small, Minority, and Women Business Affairs, the Commission shall develop guidelines to assist the Commission in identifying and evaluating qualified minority business enterprises in order to help the Commission achieve the objective for greater use of minority business enterprises for brokerage and investment management services for any fund established under this Division III.
On or before September 1 each year, the Commission shall submit a report to the Governor’s Office of Small, Minority, and Women Business Affairs and, subject to § 2–1257 of the State Government Article, the General Assembly on:
The identity of the minority business enterprise brokerage and investment management services firms used by the Commission in the immediately preceding fiscal year;
The percentage and dollar value of the Commission’s assets in any fund established under this article that are under the investment control of minority business enterprise brokerage and investment management services firms in each allocated asset class; and
The measures the Commission undertook in the immediately preceding fiscal year in accordance with subsection (c)(2) of this section.
In this subtitle the following words have the meanings indicated.
“Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code.
“Program” means the Maryland Higher Education Outreach and College Access Program.
There is a Maryland Higher Education Outreach and College Access Program.
The purposes of the Program are to:
Encourage low–income Maryland high school students to attend and complete college;
Connect potential college and university students with nonprofit organizations that have a history of successful higher education outcomes for targeted youth;
Create an equal matching fund for nonprofit organizations to access in order to increase college outreach services to low–income students;
Provide funding for nonprofit organizations that are already established in communities to provide targeted outreach to encourage low–income students to enroll in college; and
Increase the number of low–income students attending and succeeding in college.
The Commission shall administer the Program.
To carry out the purposes of the Program, the Commission shall:
Establish a grant program to be published on the Commission’s website through which nonprofit organizations may learn about eligibility, application, and compliance requirements and apply for funding as provided under this subtitle;
Develop application requirements and review and approve applications;
Develop a process for verifying that matching funds are available; and
Allocate funding to approved nonprofit organizations on a competitive basis.
To be eligible for participation in the Program, a nonprofit organization shall:
Be located in the State;
Have a contract or memorandum of understanding with a local school system or an institution of higher education or must establish one if one does not exist; and
Demonstrate an equal match for funds requested.
A nonprofit organization that receives funding through the Program shall:
Submit data on outreach programs;
Track student progress through the higher education system; and
Submit annual reports to the Commission on or before October 1 following the fiscal year in which funds were received.
The Commission shall prepare a report on the Program that includes:
A summary of the reports received from the participating nonprofit organizations regarding the Program;
The amount of funds distributed each fiscal year;
Information regarding the effectiveness of the Program, including whether students matriculate and remain continuously enrolled in higher education as a result of the Program; and
If an eligible wait list exists, the number of nonprofit organizations on the wait list.
On or before December 1 each year, the Commission shall submit a copy of the report required under subsection (a) of this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.
For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $200,000 for the Program.
For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 for the Program.
Except as provided in subsection (b) of this section, this subtitle applies only to institutions of higher education in the State that receive operating or capital funding from the State.
Except as provided in paragraph (2) of this subsection, this subtitle does not apply to:
The University of Maryland Global Campus;
The University of Maryland Center for Environmental Science; or
An off–campus nonresidential location of an institution of higher education.
Each institution described under paragraph (1) of this subsection shall provide all students with resources that alert and educate the students regarding heroin and opioid addiction and prevention.
Each institution of higher education shall establish a policy that addresses heroin and opioid addiction and prevention.
The policy established under this subtitle shall require each institution to:
Require incoming full–time students to participate in an in–person heroin and opioid addiction and prevention awareness training, unless in–person training is impracticable, then to participate in an electronic heroin and opioid addiction and prevention awareness training;
Provide incoming part–time students with resources that alert and educate the students regarding heroin and opioid addiction and prevention; and
Obtain and store at the institution naloxone or other overdose–reversing medication to be used in an emergency situation.
The policy established under this subtitle shall include:
Training for campus police or other designated personnel on how to recognize the symptoms of an opioid overdose;
Procedures for the administration of naloxone or other overdose–reversing medications; and
The proper follow–up emergency procedures.
Except for any willful or grossly negligent act, campus police or other designated personnel who have been trained under subsection (a)(1) of this section and who respond in good faith to the overdose emergency of a student in accordance with this section may not be held personally liable for any act or omission in the course of responding to the emergency.
On or before October 1 each year, each institution of higher education shall report to the Commission on each incident at the institution that required the use of naloxone or other overdose–reversing medication.
On or before December 1, 2018, December 1, 2019, and December 1, 2020, the Commission shall report the information provided under subsection (a) of this section to the General Assembly in accordance with § 2–1257 of the State Government Article.
In this subtitle the following words have the meanings indicated.
“Administration” means the Developmental Disabilities Administration.
“Department” means the Department of Disabilities.
“Inclusive higher education” means access to a program of higher education for students with intellectual and developmental disabilities that allows for, to the greatest extent possible, the same rights, privileges, experiences, benefits, and outcomes that result from a college experience as their peer students without disabilities.
“Inclusive higher education” includes:
Academic access and inclusive instruction;
Career development;
Campus engagement;
Self–determination;
Participation in paid work experiences;
On– or off–campus living, when available to other students; and
Inclusive social activities.
“Program” means the James W. Hubbard Inclusive Higher Education Grant Program established under this subtitle.
There is a James W. Hubbard Inclusive Higher Education Grant Program.
The Program shall award competitive grants to institutions of higher education to develop and implement programs that provide inclusive higher education opportunities for students with intellectual and developmental disabilities.
The Program shall be administered by the Commission, in consultation with the Department, the State Department of Education, and the Administration.
To carry out the purpose of the Program, the Commission shall:
Develop and send to each institution of higher education in the State a description of the Program, including materials describing the purpose and goals of the Program, an application, compliance requirements, and available funding;
Develop application requirements and review and approve applications; and
Award grants to institutions of higher education on a competitive basis.
Funding for the Program shall be as provided in the State budget.
To qualify for a grant under the Program, an institution of higher education shall develop a program of inclusive higher education that:
Offers the necessary supports to students with intellectual and developmental disabilities to allow these students, to the greatest extent possible, to have the same rights, privileges, experiences, benefits, and outcomes as their peer students without disabilities;
Ensures that students with intellectual and developmental disabilities:
Have access to a wide array of academic courses that are attended by students without disabilities;
Have access and support for participation in campus life, including social activities and organizations, institution facilities, and technology; and
Are able to access and use campus resources available to students without disabilities;
Provides students with intellectual and developmental disabilities with the supports and experiences necessary to seek and sustain competitive employment;
Develops and promotes the self–determination skills of students with intellectual and developmental disabilities;
Offers peer mentoring;
Coordinates with the State Department of Education, including the Division of Rehabilitation Services and other stakeholders in the development of the inclusive higher education program;
Adopts admissions standards that do not require a student with intellectual and developmental disabilities to participate in a curriculum–based, achievement college entrance exam that is administered nationwide;
Includes the development of a meaningful credential for students with intellectual and developmental disabilities to earn on successful completion of the inclusive higher education program; and
Meets the requirements of a Comprehensive Transition Program under the federal Higher Education Opportunity Act so that students enrolled in the inclusive higher education program are eligible for federal financial aid.
Beginning January 1, 2019, and each 6 months thereafter, an institution of higher education awarded a grant under the Program shall submit to the Commission a report that includes:
A plan for the sustainability of the inclusive higher education program, including enrollment projections;
Any needs for training, technical assistance, and other capacity necessary to provide for continuation of the inclusive higher education program; and
Lessons learned by the institution and identification of best practices with the goal of promoting the development of a statewide model program of inclusive higher education for use by other institutions of higher education in the State.
On or before June 30, 2019, and each year thereafter, the Commission, after consultation with the Department, the State Department of Education, and the Administration shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness and success of the Program.
In this subtitle the following words have the meanings indicated.
“CompTIA” means the Computing Technology Industry Association.
“Governing entity” means:
The Board of Trustees of Baltimore City Community College;
The President of Bowie State University;
The President of Coppin State University;
The Board of Regents of Morgan State University;
The President of the University of Maryland Eastern Shore; and
The President of the University of Maryland Baltimore County Training Centers.
“Program” means a Cyber Warrior Diversity Program.
“Successful completer” means a student who enrolled in and successfully completed the Program.
There is a Cyber Warrior Diversity Program at:
Baltimore City Community College;
Bowie State University;
Coppin State University;
Morgan State University;
The University of Maryland Eastern Shore; and
The University of Maryland Baltimore County Training Centers that are located in the State.
The purpose of each Program is to train students in computer networking and cybersecurity.
The governing entity at each institution is responsible for administering the Program at that institution.
On or before July 1 each year, beginning in 2024, the Commission, in consultation with the Cybersecurity Association of Maryland, Inc., shall, if applicable, expand the Program to accommodate any changes in certification trends identified under § 10–496 of the Economic Development Article.
Each Program shall provide students with the training necessary to achieve the following CompTIA certifications:
CompTIA A+;
CompTIA Network+; and
CompTIA Security+.
Subject to the requirements of this section, for fiscal year 2020 and each fiscal year thereafter, the Governor shall include in the annual State operating budget an appropriation of $2,500,000 for the Commission to provide grants to Baltimore City Community College, Bowie State University, Coppin State University, Morgan State University, the University of Maryland Eastern Shore, and the University of Maryland Baltimore County Training Centers for the Program established under this section.
Grants provided under subsection (a) of this section shall be in the amount of:
At least $10,000 per student at:
Baltimore City Community College;
Bowie State University;
Coppin State University;
Morgan State University; and
The University of Maryland Eastern Shore; and
$500 per student at the University of Maryland Baltimore County Training Centers, for the purpose of participation in job apprenticeship events.
On or before December 15, 2019, and each December 15 thereafter, the governing entities shall notify the Commission of the number of students enrolled in each institution’s Program for the current academic year.
The funding provided in each fiscal year in accordance with this section shall supplement, but not supplant, any funds that would otherwise be provided for each institution.
Notwithstanding § 7–302 of the State Finance and Procurement Article, at the end of each fiscal year, any unexpended funds allocated by the Commission under this section shall:
Revert to the Commission to be allocated under this section for the upcoming fiscal year; and
Be used to supplement, but not supplant, the amount required to be appropriated to the Commission to be allocated under this section for the upcoming fiscal year.
The governing entities may adopt policies necessary to carry out this subtitle.
This section does not apply to an institution of higher education that does not have an athletic program or administer athletic activities.
On or before October 1, 2019, each institution of higher education shall develop and adopt a written policy for receiving and addressing student concerns about the institution’s athletic programs and activities that includes:
A process through which students can share concerns about the institution’s athletic programs and activities with the institution’s administration, including senior officials within the administration who are not directly involved with the management of athletic programs or activities;
An option for students to submit their concerns confidentially; and
A prohibition on retaliating or discriminating against students who share their concerns under the policy.
An institution of higher education may make changes to the policy if the changes meet the requirements of this section.
Each institution of higher education shall:
Post the policy and any changes to the policy on the institution’s website; and
Ensure that each student who participates in the institution’s athletic programs or activities has a copy of the policy and any changes to the policy.
Each institution of higher education shall submit to the Commission and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Appropriations Committee:
On or before October 1, 2019, the written policy adopted in accordance with subsection (b)(1) of this section; and
Any changes to the policy.
On or before July 1, 2020, and each July 1 thereafter, each institution of higher education shall report to the Commission on the number of students who shared concerns under the institution’s policy during the immediately preceding fiscal year.
On or before August 1, 2020, and each August 1 thereafter, the Commission shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Appropriations Committee a summary of the submissions under paragraph (1) of this subsection.
This subtitle may be cited as the Jordan McNair Act.
In this subtitle the following words have the meanings indicated.
“Emergency assistance” means immediate direct assistance provided by a hunger–free campus to any student facing an unanticipated financial crisis or hardship.
“Hunger–free campus” means a campus of any 4–year institution of higher education or regional higher education center that meets the requirements of § 11–1703(a) of this subtitle or any 2–year institution of higher education that meets the requirements of § 11–1703(b) of this subtitle.
“Program” means the Hunger–Free Campus Grant Program.
There is a Hunger–Free Campus Grant Program.
The purpose of the Program is to:
Address student hunger;
Leverage more sustainable solutions to address basic food needs on campus;
Raise awareness of services currently offered on campus that address basic food needs; and
Build strategic partnerships at the local, State, and national levels to address food insecurity among students.
The Commission shall administer the Program.
The Commission shall develop the form to be used for the annual student survey required under § 11–1703 of this subtitle.
The Commission shall designate as a hunger–free campus any campus of a 4–year institution of higher education or regional higher education center that:
Has established a hunger task force that:
Meets at least three times per academic year; and
Sets at least two goals with action plans;
Has designated a staff member responsible for:
Assisting students in enrolling in the Supplemental Nutrition Assistance Program; or
Connecting students with available Supplemental Nutrition Assistance Program outreach partners that can assist students in enrolling in the Supplemental Nutrition Assistance Program;
Has designated a staff member responsible for informing students participating in federal work–study programs that they are eligible for the Supplemental Nutrition Assistance Program;
Provides options for students to utilize Supplemental Nutrition Assistance Program benefits at campus retailers; or
Provides students with information on the names and locations of off–campus retailers that accept Supplemental Nutrition Assistance Program benefits;
Participates in an awareness day campaign activity and plans at least one campus awareness event during the National Hunger and Homelessness Awareness Week;
Provides at least one food pantry on campus, or enables students in need to receive food through a separate, stigma–free arrangement;
Develops and maintains a meal–sharing program that allows students to donate their unused meal plan credits to be distributed to students in need for use in campus dining halls or at an on–campus food pantry, if applicable;
Conducts a standardized annual student survey on hunger and submits the results to the Commission; and
Submits an annual report detailing its efforts to address student hunger to the Commission.
The Commission shall designate as a hunger–free campus any campus of a 2–year institution of higher education that meets all of the requirements for 4–year institutions of higher education or regional higher education centers identified in subsection (a) of this section, with the exception of the requirements in subsection (a)(4) and (7) of this section.
Each 4–year institution of higher education may develop its own procedures for a meal–sharing program.
The 4–year institutions of higher education shall make information about the meal–sharing program publicly available, including:
How a student may donate unused meal plan credits;
How a student in need may apply to receive donated meal plan credits; and
The methodology that a 4–year institution of higher education uses to ensure that unused donated meal plan credits are used to purchase food to support an on–campus food pantry, if applicable.
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $150,000 for the Program.
The Commission shall allocate grant funding to any 4–year or 2–year public institution of higher education or regional higher education center that:
Pledges a matching contribution to be used to implement the goals of the Program; and
Is designated as a hunger–free campus.
Notwithstanding designation as a hunger–free campus under this subtitle, a 4–year or 2–year private institution of higher education or a regional higher education center operated by a private nonprofit institution of higher education is not eligible to receive grant funding under the Program.
The Commission shall determine the amount of each grant.
The Commission shall incorporate into the 2026–2030 State Plan for Higher Education a plan for addressing any basic needs insecurity of higher education students.
The Commission shall adopt regulations necessary to carry out the requirements of this subtitle.
The regulations adopted under this subsection shall allow grant recipients to use grant funds flexibly to implement the goals of the Program, including giving recipients the ability to:
Support emergency assistance;
Hire staff to manage initiatives related to the Program; and
Use grant funds for operational activities related to the Program.
Not later than 2 years after establishing the Program, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of this subtitle.
The report shall include:
The number and amounts of grants awarded;
The impact of the Program on establishing hunger–free campuses at institutions of higher education and regional higher education centers;
The impact of awarded grants on reducing the number of students experiencing food insecurity; and
Recommendations on expanding the Program.
In this subtitle the following words have the meanings indicated.
“Governing entity” means:
The President of the University of Maryland, College Park Campus; or
The President of Morgan State University.
“Participating institution of higher education” means the University of Maryland, College Park Campus and Morgan State University.
“Pilot Program” means the Financial Well–Being Pilot Program.
“Students who may benefit from financial coaching services” means students who:
Are dealing with significant personal financial burdens or complex student loan debts;
Are experiencing high levels of anxiety due to personal financial burdens; or
Lack financial literacy knowledge or skills.
There is a Financial Well–Being Pilot Program at the University of Maryland, College Park Campus and Morgan State University.
The purpose of the Pilot Program is to provide comprehensive financial guidance, support, and coaching to help students who may benefit from financial coaching services.
The Pilot Program shall be administered at each participating institution of higher education jointly by the Commission and the governing entity of the participating institution.
On or before August 1, 2024, each participating institution of higher education shall hire one full–time financial well–being coach to provide personalized financial coaching services to students who may benefit from financial coaching services.
Each participating institution of higher education shall create a system that allows the institution of higher education to identify enrolled and admitted students who may benefit from financial coaching services.
A financial well–being coach shall:
Assist students in understanding the students’ personal financial needs and resources;
Assist students in the process of making informed personal financial decisions;
Share relevant financial literacy resources with students; and
Assist students in managing personal financial obligations during college and after graduation;
While providing the support services listed in item (1) of this subsection, focus on:
The behavioral and emotional aspects of personal finances; and
How a student can successfully achieve personal financial goals and establish healthy financial habits;
Carry a caseload that is comparable to the caseload of an academic advisor at the participating institution of higher education;
Survey each student before the student begins financial coaching services and after the student completes financial coaching services and evaluate the effectiveness of the financial coaching services; and
At the end of the Pilot Program, create a document with best practices, processes, and guidance that other institutions of higher education can use to create a financial well–being coaching program.
A financial well–being coach may provide financial coaching services to students in the following settings:
Group coaching sessions;
Individual coaching sessions; and
During the financial well–being coach’s drop–in advisory hours.
When scheduling individual coaching sessions, a financial well–being coach shall prioritize students who:
Most likely will have a debt to potential future income ratio that will lead to a monthly loan payment greater than 10% of the student’s projected future income;
Have an annual household income that is at or below 185% of the federal poverty level as determined annually by the U.S. Department of Health and Human Services; or
Lack financial skills and financial literacy education.
On or before June 1, 2025, each participating institution of higher education shall submit an interim report to the Commission on the status and effectiveness of the Pilot Program.
On or before June 1, 2026, each participating institution of higher education shall submit a final report to the Commission on the status and effectiveness of the Pilot Program.
On or before July 1, 2025, the Commission shall submit an interim report to each institution of higher education in the State, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation of the Pilot Program.
On or before July 1, 2026, the Commission shall submit a final report to each institution of higher education in the State, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation and results of the Pilot Program.
In this subtitle the following words have the meanings indicated.
“Committee” means the Maryland Pathway to Nursing Advisory Committee.
“Program” means the Maryland Pathway to Nursing Pilot Program.
There is a Maryland Pathway to Nursing Pilot Program in the Commission.
The goals of the Program are to:
Support students in licensed practical nursing educational programs who intend to practice licensed practical nursing as a career in the State or continue on the nursing educational pathway to become a registered nurse in the State;
Alleviate the shortage of nursing professionals by increasing the graduation and licensure rates of licensed practical nursing and registered nursing students in the State;
Increase the number of licensed practical nurses and registered nurses who reflect the diversity of the communities they serve;
Facilitate student applications for financial resources that provide tuition assistance, loan repayment, and support for other educational costs; and
Provide Program participants with financial assistance to cover the cost of:
Computers, textbooks, and other supplies and additional education support services; and
Wraparound support services that provide assistance with transportation, child care, elder care, and other living expenses that pose a barrier to students successfully completing the student’s educational requirements.
The Secretary, in consultation with the Committee, shall determine the following for the Program:
The time frame and steps necessary to establish the Program;
The areas of the State in which the Program will operate;
Funding to support the Program, including a strategy for sustainability through braided funding from local workforce development boards, local health care systems, and federal grants;
The resources necessary to support the Program; and
The types of evaluations, including obtaining feedback from students and educational institutions, needed to make recommendations about the Program’s design and expansion statewide.
On or before July 1, 2025, the Secretary shall issue grants to at least two pilot sites, located in diverse areas, that meet the Commission’s requirements for participation in the Program.
On or before December 15, 2024, and each December 15 thereafter through 2029, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Program.
There is a Maryland Pathway to Nursing Advisory Committee.
The Committee shall assist the Secretary in the development and implementation of the Program.
The Committee consists of the following members, appointed by the Secretary:
One representative of the Department of Veterans Affairs;
One representative of the Maryland Department of Health;
One representative of the State Board of Nursing;
One representative of the Maryland Department of Labor;
Four representatives from community colleges in the State that offer licensed practical nursing programs;
Two representatives from public higher education institutions with a 4–year degree nursing program, one of whom shall be from a historically Black college or university;
One representative from a private higher education institution that primarily offers 4–year degree programs;
One representative of the Maryland Nurses Association;
One representative of the Maryland Association of Community Colleges;
One representative of the Maryland Independent College and University Association;
One representative of the Maryland Hospital Association;
One representative of the Lifespan Network;
One representative of the Baltimore County Public Health Pathways Program;
One representative from a labor organization that represents certified nursing assistants, licensed practical nurses, and registered nurses;
One representative from a local workforce investment board;
One practical nursing student in the State;
One licensed practical nurse licensed in the State;
One representative of LeadingAge Maryland;
One representative of the Health Facilities Association of Maryland; and
Any other individual with expertise or experience that the Secretary determines is relevant to the Committee.
The Secretary shall designate the chair of the Committee.
The Commission shall provide staff for the Committee.
A member of the Committee:
May not receive compensation as a member of the Committee; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
In this subtitle the following words have the meanings indicated.
“College” means:
An institution of higher education; or
A private career school.
“Military–connected student” means a student who is:
A service member;
A veteran; or
A spouse or dependent of an individual described in item (1) or (2) of this subsection.
“Program” means the Purple Star Colleges Program.
There is a Purple Star Colleges Program.
The purpose of the Program is to recognize colleges that provide strong services and support for military–connected students.
The Commission shall administer the Program.
Subject to subsection (b) of this section, the Commission shall designate a college as a Purple Star College if the college applies and meets the criteria adopted by the Commission for a Purple Star College.
At a minimum, the Commission’s criteria for a Purple Star College shall require a college to:
Designate a staff member as a uniformed services liaison, whose duties shall include:
Identifying military–connected students who are newly enrolled at the college;
Serving as the point of contact between the college and newly enrolled military–connected students;
Determining appropriate college services available to newly enrolled military–connected students;
Assisting in coordinating college programs for newly enrolled military–connected students; and
Generally assisting in a military–connected student’s transition to a new college;
Establish on the college’s website an easily accessible webpage that includes links to resources for military–connected students, including links to information regarding:
Relocation to, enrollment at, registration at, and transferring records to the college;
Academic planning, course sequences, and advanced courses available at the college; and
Counseling and other support services available for military–connected students transitioning into the college;
Maintain a transition program led by students, if appropriate, that assists military–connected students enrolled at the college; and
Offer professional development for staff members on issues related to military–connected students transferring to new colleges.
A college may partner with its governing body to fulfill the Commission’s criteria to qualify as a Purple Star College.
The Commission, in consultation with the Maryland College Collaboration for Student Veterans Commission, shall adopt regulations to carry out this subtitle.
In this subtitle, “menstrual hygiene products” means size–appropriate tampons or sanitary napkins for use in connection with the menstrual cycle.
On or before August 1, 2028, each institution of higher education that provides on–campus housing shall provide, free of charge, menstrual hygiene products in all student health centers.
In order to foster the development of a consolidated system of public higher education, to improve the quality of education, to extend its benefits and to encourage the economical use of the State’s resources, the University System of Maryland is established in accordance with the provisions of this title.
In this title the following words have the meanings indicated.
“Board” or “Board of Regents” means the Board of Regents of the University System of Maryland.
“Centers” or “institutes” means the following components of the System under the jurisdiction of the Board of Regents:
University of Maryland Center for Environmental Science;
Cooperative Extension Service and the Agricultural Experiment Station;
Statewide Medical Education and Training System;
Fire and Rescue Institute;
Center for Maryland Advanced Ventures;
University of Maryland Center for Economic and Entrepreneurship Development;
Universities at Shady Grove Regional Higher Education Center; and
Any other center, component, or institute established and operated by the System in accordance with its mission.
“Chancellor” means the Chief Executive Officer of the University System of Maryland and the Chief of Staff for the Board of Regents.
“Computer–based instructional technology” means computer hardware or software used by faculty and students in the delivery of the instructional program.
“Constituent institutions”, “institutions”, or “campuses” means the following public senior higher education institutions under the jurisdiction of the Board of Regents:
University of Maryland, which is a strategic partnership between the following two distinct campuses within the University System of Maryland:
The University of Maryland, Baltimore Campus; and
The University of Maryland, College Park Campus;
University of Maryland Baltimore County;
University of Maryland Eastern Shore;
University of Maryland Global Campus;
Bowie State University;
Coppin State University;
Frostburg State University;
Salisbury University;
Towson University; and
University of Baltimore.
“President” means the Chief Executive Officer of a constituent institution of the University System of Maryland.
“Quasi–endowment funds” means funds that the University System of Maryland retains and manages in the same manner as an endowment.
“Technology” means the latest state–of–the–art technology products and services, including:
Copper and fiber optic transmission;
Computer;
Video and audio laser and CD–ROM discs;
Video and audio tapes or other technologies; and
Technology used for online learning.
“University” or “University of Maryland System” means the University System of Maryland.
The University System of Maryland may not include Morgan State University.
There is a body corporate and politic known as the University System of Maryland.
The University is an instrumentality of the State and a public corporation.
The University is an independent unit of State government.
The exercise by the University of the powers conferred by this subtitle is the performance of an essential public function.
The government of the University System of Maryland is vested in the Board of Regents of the University System of Maryland.
The Board of Regents consists of 21 members as follows:
Except as provided in item (ii) of this item, two members shall be full–time students in good academic standing at an institution under the jurisdiction of the Board; and
A student member who is in good academic standing at the University of Maryland Global Campus shall be exempt from the full–time student requirement in item (i) of this item;
One member shall be the Secretary of Agriculture ex officio;
One member shall be the Secretary of Commerce ex officio;
One member shall be appointed by the President of the Senate;
One member shall be appointed by the Speaker of the House; and
The remaining members of the Board shall:
Be residents of the State;
Be appointed from the general public; and
Include the following individuals:
One individual with a background in higher education administration;
One individual with a background in finance; and
One individual with a background in diversity and workplace inclusion.
In making appointments to the Board, the Governor, the President of the Senate, and the Speaker of the House shall:
Ensure that one member of the Board is a graduate of a historically Black college or university in the University System of Maryland; and
Consider representation from all parts of the State.
Each member of the Board appointed under subsection (c)(1) and (6) of this section shall be appointed by the Governor, with the advice and consent of the Senate.
After the 40th day, and before the 80th day, from the commencement of each regular session of the General Assembly, the Senate shall consider each year’s appointees to the Board collectively to ensure adequate balance of membership.
Except for the student members, each appointed member serves for a term of 5 years from July 1 of the year of appointment and until a successor is appointed and qualifies. These members may be reappointed.
The student members shall be appointed for a term of 2 years, from July 1, and may be reappointed if the student remains a student at any campus of the University System of Maryland.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Except for the Secretary of Agriculture and the Secretary of Commerce, and subject to paragraph (2) of this subsection, a member may not serve more than 2 consecutive full terms.
At the expiration of each member’s full term, the Governor shall appoint a replacement member or shall submit a letter to the Senate in order to extend the term of the existing member.
The unexpired or partial term of a member appointed to fill a vacancy occurring during a 5–year term does not qualify as a full term for the newly appointed member.
Each member of the Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
The Board may authorize a student member to receive:
In the first year of a 2–year term, a grant to be made by the University System of Maryland Foundation directly or through the University System of Maryland or a constituent institution from restricted funds raised from one or more private donors for this purpose; and
In the second year of a 2–year term, a tuition waiver not to exceed the amount of the tuition obligation incurred by the student member during that school year.
The amount of a grant authorized under subparagraph (i)1 of this paragraph may not:
Exceed the cost of the tuition and fees incurred by the student member during the first year of a 2–year term; or
Cause the total amount of the financial aid provided to the student member to exceed the cost of attendance for the year.
A grant or tuition waiver provided to a student member under subparagraph (i) of this paragraph may not:
Be considered a gift or compensation under Title 5 of the General Provisions Article;
Be considered compensation under:
Paragraph (1) of this subsection; or
§ 12–101(a)(3) of the State Government Article; or
Cause the student member to be classified as an employee of the University System of Maryland.
In December each year, the Board of Regents shall elect from among the members of the Board of Regents:
A chairperson; and
Any other officer it requires.
Except as provided in subparagraph (ii) of this paragraph, the member elected as chairperson shall serve in that position subject to the advice and consent of the Senate.
A chairperson who has been confirmed by the Senate is not subject again to the advice and consent of the Senate during the period of continuous service as chairperson.
Subject to subparagraphs (ii) and (iii) of this paragraph, the Board shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
The Board shall make available to the public live and archived video streaming of each open meeting and shall allow time at each open meeting for public comment.
The Board shall include all motions and vote tallies from open and closed sessions in publicly available Board meeting minutes.
The Governor, the State Treasurer, and the State Comptroller shall be notified of all meetings of the Board and may sit with the Board at any meeting.
The Secretary of Budget and Management, the Chairmen of the Senate Finance and Budget and Taxation Committees, and the Chairmen of the House Ways and Means and Appropriations Committees shall be invited to sit with the Board at any meetings of the Board at which requests for appropriations are prepared.
A majority of the voting members shall constitute a quorum for the transaction of business.
No formal action may be taken by the Board without the approval of a majority of the voting members of the Board.
Of the two student members, only one member shall be a voting member of the Board each year.
A student member shall be a voting member of the Board for only 1 year of a 2–year term.
In addition to any other powers granted and duties imposed by this title, and subject to the provisions of Title 11 of this article and any other restriction imposed by law by specific reference to the University System of Maryland, or by any trust agreement involving a pledge of property or money, the Board of Regents has the powers and duties set forth in this section.
In addition to the powers set forth elsewhere in this title, the University may:
Exercise all the corporate powers granted Maryland corporations under the Maryland General Corporation Law;
Adopt and alter an official seal;
Sue and be sued, complain, and defend in all courts;
Maintain offices at the places the Board of Regents may designate;
Enter into contracts of any kind, and execute all instruments necessary or convenient with respect to its carrying out the powers in this subtitle to accomplish the purposes of the University;
Subject to the provisions of subsections (g) and (h) of this section, acquire, hold, lease, use, encumber, transfer, exchange, or dispose of real and personal property;
Borrow money from any source to acquire personal property as provided in § 12–105(c) of this subtitle; and
In addition to the powers set forth in Title 19 of this article and subject to the approval of the Board of Public Works, borrow money from any source for any corporate purpose, including working capital for its operations, reserve funds or interest, and mortgage, pledge, or otherwise encumber the property or funds of the University, and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of credit, or insurers.
The University System of Maryland shall establish its corporate headquarters in Baltimore City at a place designated by the Board.
The Board of Regents:
Is responsible for the management of the University System of Maryland and has all the powers, rights, and privileges that go with that responsibility, including the power to conduct or maintain any institutions, schools, or departments in the University at the locations the Board determines;
Shall consult with the presidents in developing policies, guidelines, and plans for the University System of Maryland; and
May not be superseded in its authority by any other State agency or office in managing the affairs of the University System of Maryland or of any constituent institutions and centers under the Board’s jurisdiction.
In addition to the powers conferred on it by this title, the Board has all the powers conferred on it by:
The act of incorporation of the Maryland College of Agriculture;
The Charter of the University of Maryland; and
The charter of any constituent institution.
The Board may:
Apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person; and
Maintain and manage gift and endowment funds.
Subject to subparagraphs (ii), (iii), (iv), and (v) of this paragraph, the Board may maintain and manage quasi–endowment funds.
The Board may only make a one–time transfer of no more than $50,000,000 from the non–State supported fund balance held and invested by the State Treasurer to the quasi–endowment fund.
Subject to the limitation under subsubparagraph 2 of this subparagraph, the Board may make only a one–time transfer of no more than $50,000,000 from the State–supported fund balance held and invested by the State Treasurer to the quasi–endowment fund.
The Board may use the investment proceeds for facility renewal projects relating only to capital facilities used for State–supported activities.
Subject to the limitation under subsubparagraph 2 of this subparagraph, the Board may make only a one–time transfer of no more than $25,000,000 from the non–State supported fund balance held and invested by the State Treasurer to the quasi–endowment fund.
The Board may use the investment proceeds only to match a privately funded scholarship program at the University of Maryland, College Park Campus.
Subject to the limitation under subsubparagraph 2 of this subparagraph, the Board may make transfers of no more than $150,000,000 from fund balances held and invested by the State Treasurer to establish a quasi–endowment fund.
The Board may use the investment income produced by the quasi–endowment fund in accordance with the University System of Maryland Policy on Endowment Fund Spending Rule to provide funding for need–based student financial aid.
On or before November 1 each year, the Board shall submit to the Governor, the Comptroller, the State Treasurer, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, an annual investment performance report comparing the various components of the University’s gift, endowment, and quasi–endowment investment portfolio to appropriate benchmarks.
The Board may establish new institutions, regional higher education centers, and branches subject to:
The concurrence of the Maryland Higher Education Commission; and
The approval of the Governor and the General Assembly.
Without the approval of the Governor and the General Assembly, the Board may not change the name of any constituent institution.
Subject to the approval of the Governor and the General Assembly, the Board may merge, consolidate, or close any constituent institution.
In its discretion, the Board may establish, merge, consolidate, or close any center or institute.
With the approval of the Board of Public Works, the Board of Regents may sell or exchange any part of its real properties.
Except as provided in subparagraph (ii) of this paragraph, money received from the sale of property may be used, if approved by the Board of Public Works, only to purchase or improve property and facilities. This money may not be applied to the Annuity Bond Fund Account.
In addition to the uses described under subparagraph (i) of this paragraph, with the approval of the Board of Regents, money received from the sale of property by a nonresidential campus in the University System of Maryland may be used for operating expenses at the nonresidential campus.
With the approval of the Board of Public Works, the Board of Regents may acquire by purchase or exchange, any real property or interests in real property.
Title 12, Subtitle 1 of the State Government Article (“Maryland Tort Claims Act”) applies to claims or actions against the University System of Maryland and its employees.
Subject to all exclusions and limitations in that subtitle, the immunity of the University System of Maryland is waived to the extent of any applicable liability insurance purchased by the University or the State Treasurer.
Nothing in this subsection shall be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.
Nothing in this subsection shall be construed to waive or abrogate the immunity of the University System of Maryland under the Eleventh Amendment to the United States Constitution.
Subject to Title 3 of the General Provisions Article, the Board may make rules and regulations, and prescribe policies and procedures, for the management, maintenance, operation, and control of the University System of Maryland.
Except with respect to grievance appeals under Title 13, Subtitle 2 of this article, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) are not applicable to the University.
Except as provided in subsections (f) and (g) of this section, the Board:
May delegate any part of its authority over the affairs of the University to the Chancellor or the presidents, or to any advisory bodies that the Board establishes under § 12–201 of this title; and
Consistent with the goals, objectives, and priorities of the Board of Regents and its legal responsibility for the efficient management of the University, shall delegate to the president of each constituent institution authority needed to manage that institution, including authority to make and implement policies promoting the mission of that institution, including the authority to establish policies appropriate to the institution’s mission, size, location, and financial resources.
Any delegation of authority may be modified or rescinded by the Board of Regents at any time in whole or in part.
The Board of Regents shall develop policies and guidelines that:
Provide direction to the presidents of the constituent institutions on compliance with applicable law and policy;
Establish and monitor high standards of operation, including meeting appropriate quality benchmarks, using resources wisely and efficiently, managing personnel equitably, adhering to institutional mission, and meeting the educational needs of the students; and
Hold each president accountable for meeting the objectives in the institution’s performance accountability plan developed in accordance with Title 11, Subtitle 3 of this article.
By September 1 of each year, the Board shall submit an annual position accountability report to the Department of Budget and Management, Department of Legislative Services, the Maryland Higher Education Commission, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, reporting the total positions created and the cost and the funding source for any positions created by the University in the previous fiscal year.
The Board of Regents shall distribute appropriated strategic incentive funds to constituent institutions to encourage attainment of their approved mission.
The Board of Regents and the Chancellor are encouraged to meet periodically with the boards of visitors of the constituent institutions to develop close working relationships.
To the extent possible and appropriate, the Board of Regents should include members of boards of visitors actively in all searches for campus presidents and invite members of boards of visitors to participate in meetings of the Board of Regents and its committees.
Subject to Title 11, Subtitle 2 of this article, the Board of Regents may authorize the University of Maryland Center for Environmental Science to:
Award graduate degrees in marine and environmental sciences jointly with another public senior higher education institution; and
Award post baccalaureate certificates.
The Board of Regents shall review the annual financial disclosure statements filed by the Chancellor and the presidents of each constituent institution in accordance with § 5–607 of the General Provisions Article.
The Board of Regents shall provide each member appointed to the Board, at the time of appointment, and at reasonable intervals, with education and training on the Board’s governance policies, fiduciary responsibilities, legal obligations, oversight of personnel policies, oversight of constituent institutions, and other responsibilities.
In this section, “high impact economic development activity” means an initiative, transaction, or other undertaking by the University System of Maryland or one of its constituent institutions to create or facilitate:
20 or more new jobs in the State of Maryland;
The award or completion of at least $1,000,000 in externally funded research or other projects;
The establishment or relocation of one or more new companies to be registered or incorporated in the State and doing business in the State;
The production of at least $1,000,000 of annual gross revenue;
The licensing and potential commercialization of a promising new technology or other product; or
An academic program to meet workforce demand in a documented labor shortage field.
To promote the economic interests of the State as mandated in §§ 10–205(c) and 15–107 of this article, the University System of Maryland shall utilize its powers as a public corporation established in § 12–104 of this subtitle to undertake high impact economic development activities that support:
Job creation and workforce development;
Technology transfer, commercialization, and entrepreneurship; and
Increased sponsored research funding and other revenues.
In order for an activity to qualify as a high impact economic development activity:
The president of a constituent institution, or the president’s designee, shall forward a request to the Chancellor for certification that the activity meets the criteria defined in subsection (a) of this section; and
The Chancellor, or the Chancellor’s designee, shall notify the Board of Regents and the Board of Public Works of any certified activity for review.
Notwithstanding any other provision of law, for any high impact economic development activity within the scope of § 5–310 or § 10–305 of the State Finance and Procurement Article, the Board of Regents shall be fully responsible for administering the review and comment process prescribed in those sections.
In administering the review and comment process prescribed in §§ 5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall include in that process the appropriate legislative committees and units of State government, which may include:
Committees of the General Assembly;
The Board of Public Works;
The Maryland Historic Trust;
The Department of Planning;
The Department of the Environment; and
The Department of Natural Resources.
The Board of Regents shall adopt policies and procedures to ensure that the notice and opportunity for review are conducted in a manner that provides a reasonable period to complete while not impairing the institution’s capacity for the expeditious and successful pursuit of a high impact economic development activity.
On or before October 1 of each year, the Board of Regents shall report to the Board of Public Works and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Economic Matters Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee on the high impact economic development activities undertaken under this section during the preceding fiscal year.
In consultation with the institutions and the Chancellor, the Board shall:
Establish standards for funding based on differences in the size and mission of the constituent institutions;
Review, modify, as necessary, and approve consolidated budget requests for appropriations for the University System of Maryland with respect to:
The operating budget; and
The capital budget; and
Submit these requests for appropriations organized by constituent institutions as part of the requests and proposals submitted to the Commission under § 11–105(i)(1) of this article.
After the Board submits the requests for appropriations to the Commission, Governor, and General Assembly, on a date set by the Governor, the Presidents of the University of Maryland campuses shall have the opportunity to meet with the Governor to present the institution’s annual budget request and proposals for capital projects for the next fiscal year to:
Discuss how the requests for appropriations submitted by the Board impacts the mission of the University of Maryland, Baltimore Campus and the University of Maryland, College Park Campus as the State’s flagship institution; and
Recommend that the Governor approve or enhance the requests for appropriations submitted by the Board.
The title to any land acquired by the University System of Maryland shall be in the State of Maryland for the use of the University System of Maryland.
All property of the University is the property of the State.
The Board may borrow money to acquire interests in personal property, including fixtures, for the University System of Maryland, on such terms and conditions as the Board considers proper.
Such borrowing may be secured by the personal property acquired or revenues derived from such property.
Such borrowing does not create or constitute any indebtedness or obligation of the State or any political subdivision of the State other than the University.
Such borrowing does not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
All income of the University shall be deposited:
In the State Treasury; or
As the State Treasurer directs.
By an approved budget amendment, the University may spend, or encumber, within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.
All unexpended or unencumbered balances of the University’s revenues:
Shall be reported to the Comptroller at the end of the fiscal year for which the appropriation was made;
Do not revert to the general treasury of the State at the end of each fiscal year; and
Shall be available for expenditure through an appropriation contained in a budget bill or through an approved budget amendment.
The provisions of this subsection may not be interpreted in any way that would diminish the authority of the Board of Regents under § 12–104(c) of this subtitle.
The interest or other income from the investment of any funds of the University shall be credited to the University, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support, and such amount will be reported annually, subject to § 2–1257 of the State Government Article, to the General Assembly.
The University shall provide the Board of Public Works, and any member of the General Assembly, with any information on any phase of operation of the University that may be requested.
The Legislative Auditor shall audit all expenditures and accounts of the University System of Maryland, in accordance with §§ 2–1220 through 2–1227 of the State Government Article.
Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, the University shall use the statewide Financial Management Information System as administered by the Executive Branch as its accounting, budgeting, personnel, and payroll system.
The University may use an internal Financial Management Information System software program and State–approved interfaces for its accounting, budgeting, personnel, and payroll systems.
In consultation with the presidents of the constituent institutions and the University of Maryland campuses, the Chancellor shall develop an overall plan that:
Is consistent with the State Plan for Higher Education in accordance with the Charter and with the constituent institutions’ approved mission statements;
Sets forth both long–range and short–range goals, objectives, and priorities for postsecondary education, research, and service provided by the University System of Maryland and methods and guidelines for achieving and maintaining them;
Incorporates the following priorities:
Enhance the mission of the University of Maryland, College Park Campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge;
Admit to the campus freshmen who have academic profiles that suggest exceptional ability;
Provide access to the upper division undergraduate level of the campus for students who have excelled in completing lower division study; and
Provide the campus with the level of operating funding and facilities necessary to place it among the upper echelon of its peer institutions;
Maintain and enhance an academic health center and a coordinated Higher Education Center for Research and Graduate and Professional Study in the Baltimore area, comprised of the University of Maryland, Baltimore Campus and the University of Maryland Baltimore County, with a focus on science and technology;
Enhance and support high quality undergraduate, teacher preparation, and masters programs at the regional comprehensive institutions, recognizing and supporting the unique mission of each of these institutions;
Support Towson University as the largest comprehensive institution;
Enhance the historically African American institutions and recognize the role of the University of Maryland Eastern Shore as the State’s 1890 land grant institution;
Encourage and enhance, including the use of technology, regional higher education centers, such as the Shady Grove Center in Montgomery County, as points of collaboration and access for underserved areas of the State; and
Recognize and promote the unique potential of the University of Maryland Global Campus to be a national and global leader in the new international marketplace of electronic and continuing education; and
Incorporates the goals and duties of the University System of Maryland identified in § 10–209 of this article and § 12–107 of this subtitle.
The Board shall review, modify, as necessary, and approve the overall plan.
By July 1 of each year, the Board shall submit to the Maryland Higher Education Commission, to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual review of the plan.
The Board of Regents shall, on an ongoing basis, review and determine whether any University programs are inconsistent with the University’s mission or whether any constituent institution’s programs are inconsistent with that institution’s mission. The Board shall also assure that the University’s programs are not unproductive or unreasonably duplicative, taking into account the missions of the institutions, student demand, and efficient use of the University’s resources.
Except as provided in subsection (d) of this section, with respect to each institution under its jurisdiction, and subject to the provisions of Title 11 of this article, in consultation with the Chancellor, the Board shall:
Review and approve before implementation each proposal for:
Any new program; and
Any substantial expansion, curtailment, or discontinuance of any existing program;
Review existing programs and make necessary determinations for the continuation or modification, or the elimination of unreasonable duplication, in existing programs;
Prescribe minimum admission standards;
Establish general guidelines for tuition and fees;
Establish and implement:
Procedures for transfer of students and faculty between constituent institutions;
Cooperative programs among the constituent and other institutions to assure appropriate flexibility in the University System of Maryland; and
Standards for the reciprocal acceptance of credits; and
Review annually the long–range and short–range plans, goals, and objectives of each constituent institution for consistency with the objectives and priorities of the Board;
Monitor the progress of each constituent institution toward approved goals and objectives; and
Hold the president accountable for progress toward the goals and objectives.
With respect to each institution under its jurisdiction, and subject to the provisions of Title 11 of this article, in consultation with the Chancellor, the Board shall:
Review each new program proposed to be established and implemented within existing program resources in accordance with § 11–206.1 of this article;
Ensure that the new program:
Is consistent with the institution’s adopted mission statement in accordance with Title 11, Subtitle 3 of this article;
Meets a regional or statewide need consistent with the Maryland State Plan for Postsecondary Education;
Meets criteria for the quality of new programs, developed in consultation with the Maryland Higher Education Commission; and
Can be implemented within existing program resources of the institution, verified by a process established in consultation with the Maryland Higher Education Commission; and
Approve the proposed new program within 60 days if the program meets the criteria in item (2) of this subsection, subject to the requirements of § 11–206.1(e) and (f) of this article.
With respect to the program approval provisions in this title and Title 11 of this article, the Board of Regents shall take action as a Board to approve or disapprove a new program, and may consult with the Chancellor and appropriate University staff.
In consultation with the Chancellor and the presidents, the Board may adopt policies providing for:
The discipline, suspension, expulsion, or reinstatement of any student; and
The recognition and conduct of student organizations and athletic programs and activities.
In consultation with the Maryland Higher Education Commission and the Chancellor, the Board shall undertake good faith efforts to:
Achieve the goals, measures, and commitments contained in any applicable equal educational opportunity plan adopted by the State;
Devote ample resources to achieving the equal employment opportunity goals and objectives; and
Ensure that women and minorities are equitably represented among the student body, faculty, staff, and administration of the University System, so that the University reflects the diversity of the State’s population.
In carrying out its responsibilities under this section, the Board may:
Designate an office to coordinate and monitor the equity activities and programs of the constituent institutions;
Require the constituent institutions to submit plans, reports, and data in the format the Board prescribes; and
Conduct studies of the effectiveness of institutional efforts and methods.
The Board of Regents shall appoint a Chancellor of the University System of Maryland.
The Chancellor is the Chief Executive Officer of the University System of Maryland and the Chief of Staff for the Board.
The Chancellor shall:
Advise the Board of Regents on systemwide policy;
Conduct systemwide planning;
Coordinate and arbitrate among the institutions and centers of the University;
Assist the institutions in achieving performance goals in accordance with their adopted performance accountability plan;
Provide technical assistance to institutions and centers such as legal and financial services;
Perform the duties the Board assigns; and
See that the policies of the Board are carried out.
The Chancellor serves at the pleasure of the Board.
The Chancellor is entitled to the compensation established by the Board.
The Chancellor may:
Have the additional staff provided in the University budget; and
Subject to paragraph (2) of this subsection, create any position within the system administration office.
The cost of any position, including the cost of any fringe benefits associated with the position, that is created under paragraph (1)(ii) of this subsection shall be paid with existing funds available to the system administration office.
Paragraph (1)(ii) of this subsection may not be construed to require any additional State General Fund support.
The total number of positions authorized under paragraph (1)(ii) of this subsection shall be limited as specified annually in the State budget bill.
Each employee of the Board shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.
As an alternative, any employee in a position determined by the Board to be a professional position may join the optional retirement program under Title 30 of the State Personnel and Pensions Article.
Except as provided in Subtitle 3 of this title, and subject to paragraph (2) of this subsection, in consultation with the Chancellor and after a thorough search, the Board of Regents shall appoint a qualified person as president of each constituent institution.
The Board of Regents shall approve the membership of any search committee convened to recommend a qualified person as president of a constituent institution.
The president of each constituent institution is entitled to the compensation established by the Board of Regents.
The president of each constituent institution serves at the pleasure of the Board of Regents.
The president of each constituent institution shall:
Serve as the chief executive officer of the institution;
Be responsible and accountable to the Board for the discipline and successful conduct of the institution and supervision of each of its departments; and
Take every initiative in:
Implementing the policies of the Board and the constituent institution; and
Promoting the institution’s development and efficiency.
Subject to the authority and applicable regulations and policies of the Board of Regents, each president shall:
Develop a plan of institutional mission in accordance with Title 11, Subtitle 3 of this article;
Have the authority to develop new academic programs and curtail or eliminate existing programs in accordance with the procedures set forth in §§ 11–206 and 11–206.1 of this article;
Formulate operating and capital budget requests designed to further the mission of the institution;
Appoint, promote, fix salaries, grant tenure, assign duties, and terminate personnel;
Subject to the provisions of subsection (g) of this section, have authority to create any position within existing funds available to the University, to the extent the cost of the position, including the cost of any fringe benefits, is funded from existing funds;
Establish admissions standards;
Subject to subsection (h) of this section, set tuition and fees;
Administer financial aid;
Enter into contracts and cooperative agreements;
Have the authority to accept gifts and grants and maintain and manage endowment income;
Have the authority to recommend change in the name or status of the institution;
Regulate and administer athletic and student activities;
In compliance with State, federal, and Board mandates and policies, oversee affirmative action and equal employment opportunities;
Establish organizations for the administration of campus alumni affairs;
Be responsible for all academic matters;
Have the authority to establish and appoint an institutional board to:
Provide advice to the president;
Assist in community relations;
Assist in institutional development; or
Provide any other assistance requested by the president;
Establish traffic regulations for the campus;
Designate one or more representatives to participate as a party in collective bargaining on behalf of the institution in accordance with Title 3 of the State Personnel and Pensions Article; and
Perform any other duties assigned by the Board.
The institutional boards established under subsection (e)(16) of this section shall be known as boards of visitors. Each board shall submit a report by October 1 of each year to:
The Governor;
The Chairman of the Board of Regents of the University System of Maryland;
The Secretary of the Maryland Higher Education Commission; and
The presiding officers of the Maryland General Assembly.
Except as provided in paragraph (3) of this subsection, each report submitted under paragraph (1) of this subsection shall include the comments of the appropriate board on the institution’s progress toward meeting its goals consistent with its mission.
The report of the University of Maryland, College Park Campus Board of Visitors shall include:
The Board of Visitors’ evaluation of the status of the effort by the University System of Maryland and the State in meeting the requirements of the Maryland Charter for Higher Education set forth in § 10–209 of this article which require the University System of Maryland to:
Provide the College Park Campus with the level of operating funding and facilities necessary to place it among the upper echelon of its peer institutions;
Maintain and enhance the College Park Campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge;
Admit as freshmen to the College Park Campus highly qualified students who have academic profiles that suggest exceptional ability; and
Provide access to the upper division undergraduate level of the College Park Campus for students who have excelled in completing lower division study;
A status report on the effort of the College Park Campus to achieve national eminence;
A status report on success in attaining federal research grants, private gifts, and other sources of nonstate revenue; and
Other matters in support of institutional priorities as determined by the Board of Visitors.
The institutional boards of visitors are encouraged to meet periodically with the Chancellor and Board of Regents to develop close working relationships.
Subsection (e)(5) of this section may not be construed to require any additional State General Fund support.
When setting mandatory and nonmandatory student fees, the president of each constituent institution shall ensure that the proposed fees are presented to the student fee committee of record for review.
The information provided to the committee shall include:
The amount of the fee;
The students who will be charged the fee; and
The proposed use of the revenues generated from the fee.
Except as provided in subparagraph (ii) of this paragraph, the revenues derived from mandatory and nonmandatory fees, as recommended by the student fee committee of record that reviewed the fee, shall be spent by the campus unit or department that requested the fee in a manner consistent with the intended purpose for which the fee exists.
If the student fee committee of record that reviewed the fee reviews an exception to the use of the fee, the revenues derived from the fee may be spent by the campus unit or department that imposed the fee in a manner beyond the intended purpose for which the fee exists.
Upon the recommendation of the Chancellor who shall consult with the presidents, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general standards and guidelines governing the appointment, compensation, advancement, tenure, and termination of all faculty and unrepresented employees in the University System of Maryland and shall apply the standards and guidelines in a negotiated memorandum of understanding to all represented employees covered by the memorandum of understanding.
These standards and guidelines shall recognize the diverse missions of the constituent institutions.
The Board of Regents may establish for unrepresented employees, and the Chancellor may negotiate for represented employees, different standards of compensation based on the size and missions of the constituent institutions.
Subject to such standards and guidelines, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, a president may:
Prescribe additional personnel policies; and
Approve individual personnel actions affecting the terms and conditions of academic and administrative appointments.
Except as otherwise provided by law, appointments of the University System of Maryland are not subject to or controlled by the provisions of the State Personnel and Pensions Article that govern the State Personnel Management System.
In accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general policies and guidelines governing the appointment, compensation, advancement, tenure, and termination of all regular full–time and part–time personnel.
The policies established under subsection (b) of this section shall include consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed.
Except as provided in § 11-203(e) of the State Finance and Procurement Article, the University is exempt from Division II of the State Finance and Procurement Article.
Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Regents shall develop policies and procedures governing procurements by the University.
The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in § 11-201 of the State Finance and Procurement Article.
The Board of Regents shall develop an information technology plan for the University System of Maryland that includes information technology policies and standards, including policies and standards for information management and telecommunication systems, that are functionally compatible with the State Information Technology Plan established under Title 3, Subtitle 4 of the State Finance and Procurement Article.
By January 1, 2007, the Board of Regents shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.
The nonvisual access clause developed under subsection (c) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
Consistent with § 15–107 of this article and any other applicable law, the Board of Regents may establish, invest in, finance, and operate businesses or business entities when the Board finds that doing so would further one or more goals of the University and is related to the mission of the University.
A business entity established, invested in, financed, or operated in accordance with this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.
A financial obligation or liability of a business entity established, invested in, financed, or operated in accordance with this section may not be a debt or obligation of the State or University.
Subject to the requirements of this section, an institution may establish, invest in, finance, or operate a corporation, foundation, consortium, or other entity that is intended to support a high impact economic development activity, as defined in § 12–104.1 of this subtitle.
Notwithstanding the provisions of §§ 5–501 through 5–504 of the General Provisions Article and subject to § 5–525 of the General Provisions Article, an official or employee of a public institution of higher education may be a director, official, or employee of an entity intended to support a high impact economic development activity, if the individual’s participation advances the interests of the institution.
Division II of the State Finance and Procurement Article does not apply to transactions between an entity established, financed, or operated under this subsection and the institution or consortium of institutions that established, financed, or operated the entity.
The Board of Regents shall adopt policies and procedures governing the establishment of high impact economic development entities to ensure that the institution’s participation in the entity furthers the interests of the institution, the University System of Maryland, and the State.
The policies and procedures under subparagraph (i) of this paragraph shall include requirements for:
Recognition of the entity by the Board of Regents;
An annual audit of the entity by an independent certified public accountant; and
Adequate safeguards with regard to conflicts of interest, proper contracting practices, and other fundamental ethical and business practice standards.
There is a University Textbook Consortium within the University System of Maryland.
The purpose of the University Textbook Consortium is to enable constituent institutions to receive a volume discount on the purchase of textbooks and other educational supplies.
The University System Office or its designee shall coordinate the purchase and distribution of textbooks and other educational supplies to participating institutions.
Participation in the University Textbook Consortium by constituent institutions is voluntary.
Each constituent institution shall develop a method to clearly and conspicuously show in the online course scheduling application which courses:
Provide students access to all required course materials in the form of free or low–cost digital materials; and
May provide students access to course materials with a low–cost print option as an alternative to free or low–cost digital materials.
The free or low–cost digital materials under subsection (a) of this section:
Shall, to the extent practicable, include openly licensed educational resources; and
Shall be equally accessible to and independently usable by individuals with disabilities.
In this section, “candidate”, “contribution”, and “political committee” have the meanings stated in § 1-101 of the Election Law Article.
The restrictions in this section apply from the date of a member’s appointment to the Board of Regents until the end of the member’s tenure on the Board.
A member of the Board of Regents may not, for the benefit of the Governor, Lieutenant Governor, Attorney General, or Comptroller, a member of the General Assembly, or a candidate for election to the office of Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, engage in the following activities:
Soliciting or transmitting a political contribution from any person, including a political committee;
Serving on a fund–raising committee or a political committee;
Acting as a treasurer for a candidate or official or as treasurer or chair of a political committee;
Organizing or establishing a political committee for the purpose of soliciting or transmitting contributions from any person; or
Forwarding tickets for fund–raising activities, or other solicitations for political contributions, to a potential contributor.
This section does not prohibit a member of the Board of Regents from:
Making a personal political contribution;
Informing any entity of a position taken by a candidate or official; or
Engaging in other activities not specifically prohibited under paragraph (1) of this subsection.
A member of the Board of Regents may not be a candidate for a public office while serving on the Board.
There is a University of Maryland Agriculture and Natural Resources Internship Program.
The purpose of the University of Maryland Agriculture and Natural Resources Internship Program is to:
Provide students in the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus with at least one semester, where appropriate, of work experience relevant to their major, including on–farm experience for students interested in careers related to production of agriculture; and
Promote careers in agriculture and natural resources in the State.
The University of Maryland, College Park Campus or the Dean of the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus shall inform the Department of Agriculture on the University’s plan to implement the requirements of this section.
The Maryland Agricultural Commission shall work through its members representing specific sectors of agriculture and natural resources to promote, and where possible, to establish internships with farms and businesses in their respective sectors.
In this section, “collegiate recovery program” means a program that provides support and services for students recovering from alcohol or drug addiction who are enrolled at a constituent institution.
On the recommendation of the Chancellor, who shall consult with the presidents of the constituent institutions, the Board of Regents shall establish general standards and guidelines for a collegiate recovery program to be implemented at the constituent institutions.
The president of each constituent institution, in collaboration with faculty, staff, and students enrolled at the institution, shall develop and implement a collegiate recovery program tailored for the institution that:
Satisfies the standards and guidelines established by the Chancellor under subsection (b) of this section; and
Addresses the needs of students at the institution who are recovering from alcohol or drug addiction.
In this section the following words have the meanings indicated.
“Center” means the Maryland Center for Computing Education.
“Fund” means the Computing Education and Professional Development Fund.
“Plan” means the Maryland State Computer Science Education Implementation Plan.
There is a Maryland Center for Computing Education in the University System of Maryland.
The purpose of the Center is to expand access to high–quality computer science education in grades prekindergarten through 12 by strengthening the skills of educators and increasing the number of computer science teachers in elementary and secondary education.
In carrying out the powers and duties granted under this section, the Center shall work in consultation and collaboration with institutions of higher education in the State, including:
Historically black colleges and universities;
Other public senior higher education institutions;
Independent institutions of higher education; and
Community colleges.
The Center shall develop a Maryland State Computer Science Education Implementation Plan.
In developing the Plan, the Center shall place priority on reaching school districts with high poverty and large rural areas and student populations that are underrepresented in computer science fields.
The Plan shall identify:
Specific actions, resources, metrics, and benchmarks to create a long–term sustainable pipeline of computer science teachers; and
Activities to obtain and sustain public and private partnerships for funding, mentoring, and internships for teachers.
On or before July 1, 2019, the Center shall finalize and publish the Plan on its website.
The Center shall provide professional development and programs to broaden and sustain the pool of teachers needed to achieve the requirements of § 4–111.4 of this article.
In providing professional development to computer science teachers, the Center shall:
Maintain a clearinghouse with computer science education curricula and resources to support professional development in computer science education;
Communicate and promote the Center’s activities to maintain transparency about upcoming opportunities and available resources; and
Publish an annual report on the Center’s website on the Center’s progress in implementing the Plan described in subsection (c) of this section; and
Provide a copy of the annual report to the Governor, the University System of Maryland, the State Department of Education, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The Center shall administer a grant program to support professional development in computer science education.
The grant program shall:
Be administered through an open and competitive process;
Prioritize applications from county boards of education and institutions of higher education; and
Prioritize applications that focus on serving:
Areas with high poverty;
Rural areas; or
Areas with large minority or diverse student populations including female students, students with disabilities, and students of ethnic, racial, or other demographic groups that are underrepresented in the field of computer science as identified by the U.S. Equal Employment Opportunity Commission.
There is a Computing Education and Professional Development Fund.
The purpose of the Fund is to support the activities of the Center and provide grants under this section.
The Center shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this section.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings of the Fund; and
Any other money from any other source, including donations, accepted for the benefit of the Fund.
The Fund may be used only for:
Any activity or program that furthers the purposes listed in subsection (b) of this section;
Grants made by the Center; and
Administrative expenses of the Center.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
The Center shall, when economically beneficial, leverage State resources and systems to effectively and efficiently execute the requirements of this section.
There is a Universities at Shady Grove Regional Higher Education Center within the University System of Maryland.
The purpose of the Universities at Shady Grove Regional Higher Education Center is to provide students access to established, cutting edge, and high–demand academic programs of degree–granting institutions.
The academic programs offered at the Universities at Shady Grove Regional Higher Education Center shall be upper division undergraduate and graduate level programs and programs for advanced postgraduate certificates and credentials.
Funding for the Universities at Shady Grove Regional Higher Education Center shall be as provided in the State budget.
The University of Maryland School of Medicine shall provide clinical care at the University of Maryland Capital Region Medical Center by assigning to the Center faculty who specialize in identified essential areas.
Each fiscal year, the Governor shall include in the annual budget bill an appropriation of at least $5,000,000 to implement the provisions of this section.
Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the University of Maryland School of Medicine.
The University of Maryland School of Medicine shall provide specialized clinical care at rural hospitals operated by the University of Maryland Medical System by assigning faculty who specialize in essential areas to each rural hospital.
For fiscal years 2023 through 2025, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to implement the provisions of this section.
Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the University of Maryland School of Medicine.
On or before January 1, 2023, the University System of Maryland shall manage the development of an antibias education program that provides antibias education relevant to the provisions of Title 10, Subtitle 3 of the Criminal Law Article.
There is a Center for Cybersecurity at the University of Maryland Baltimore County (UMBC).
The Center for Cybersecurity is housed within the College of Engineering and Information Technology at UMBC.
The Center for Cybersecurity provides interdisciplinary academic and research leadership, partnership, innovation, and outreach by streamlining academic, research, workforce development, and technology incubation activities related to cybersecurity.
The Governor shall include in the annual budget bill an appropriation of at least $3,000,000 for the Center for Cybersecurity.
On or before October 1 each year, the Center for Cybersecurity shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the use of State funds in the field of cybersecurity to increase:
The number of new companies that are created;
The number of UMBC graduates who are employed in Maryland–based businesses;
Participation in workforce training programs; and
External research activities and partnerships.
In this section the following words have the meanings indicated.
“Hub” means a Maryland Technology Extension Hub.
“Partnership” means the Maryland Artificial Intelligence Partnership.
“Plan” means the Maryland State Artificial Intelligence Strategic Plan.
There is a Maryland Artificial Intelligence Partnership in the University System of Maryland.
The purpose of the Partnership is to provide a single nexus for stakeholders in artificial intelligence initiatives to advance the innovation, economic growth, workforce development, and public good across the State.
The Partnership shall:
Connect, accelerate, and scale artificial intelligence initiatives;
Leverage resources to increase the State’s artificial intelligence–trained workforce and to integrate the use of artificial intelligence in State government;
Identify and pursue funding opportunities across all resources, including federal, State, industry, and philanthropic entities; and
Establish Maryland Technology Extension Hubs in accordance with subsection (d) of this section.
In carrying out the powers and duties granted under this section, the Partnership shall consult with:
State agencies;
Institutions of higher education in the State;
The Maryland Small Business Development Center; and
The local workforce development boards.
There is a Director in the Partnership.
On or before December 1, 2026, the Partnership shall develop a strategic Plan.
The Plan shall include:
Metrics for the goals of increasing the core areas of artificial intelligence literacy, workforce development, business development, and research and innovation;
A business plan and timeline for the development of Hubs, including necessary funding and partnerships, and how to provide artificial intelligence skills training to individuals at little or no cost;
A business plan and timeline for the development of the Artificial Intelligence Incubation Lab under § 12–126 of this subtitle, to be established in consultation with the Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article;
An analysis of scholarship and fellowship needs and opportunities to expand access and workforce experience opportunities in artificial intelligence; and
A business plan and model for the Partnership to ensure sustained impact.
On or before December 1, 2027, and each December 1 thereafter, the Partnership shall submit a progress report on achieving the Plan.
The Partnership shall submit the reports required under this subsection to:
The Governor; and
In accordance with § 2–1257 of the State Government Article, the General Assembly.
The Partnership shall establish Maryland Technology Extension Hubs in strategic locations.
To the extent consistent and practicable with the Maryland Department of Labor’s strategic priorities and resources, the Maryland Department of Labor may collaborate with the Partnership on establishing the Hubs.
The Hubs shall prioritize artificial intelligence but may broaden to additional sectors as appropriate.
On or before December 15, 2027, there shall be one Hub in each of three regions of the State established on a pilot basis.
Each Hub shall:
Act as a single point of contact to connect small businesses with critical artificial intelligence resources;
Partner with organizations, including a community college, local employers, small business associations, and community organizers; and
Facilitate remote, cloud–based access to critical infrastructure, including leveraging the significant computing power of colleges and universities.
In this section, “Fellowship” means the Artificial Intelligence Public Service Fellowship.
There is an Artificial Intelligence Public Service Fellowship in the University System of Maryland that is in alignment with the Maryland State Artificial Intelligence Strategic Plan under § 12–124 of this subtitle.
The purpose of the Fellowship is to match students enrolled in public institutions of higher education with State agencies to address artificial intelligence projects.
The Fellowship may include a mechanism by which a State agency, with the approval of the Department of Budget and Management, may repurpose funds to support the Fellowship.
The University System of Maryland shall consult with the Department of Budget and Management and the Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article to implement the provisions of this section.
In this section, “Lab” means the Artificial Intelligence Incubation Lab.
Subject to a memorandum of understanding between the University System of Maryland and the Department of Budget and Management, there is an Artificial Intelligence Incubation Lab in the University System of Maryland.
The purpose of the Lab is to assist State agencies to accelerate the responsible use of artificial intelligence by helping State agencies to discover, develop, and apply prototypes and manage risk of artificial intelligence solutions.
The Lab may consult with the Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article.
The Department of Information Technology shall provide policy guidance to the Lab and may support the integration of the work of the Lab into State agencies, to the extent practicable.
In this section the following words have the meanings indicated.
“Program” means the Southern Maryland Early College Teacher Pathway Program.
“Program Workgroup” means the Southern Maryland Early College Teacher Pathway Program Workgroup.
In accordance with subsection (c) of this section and in consultation with the Department and the Commission, the University shall develop recommendations for a Southern Maryland Early College Teacher Pathway Program and a teacher preparation pathway in Southern Maryland to:
Create a structured, credit–bearing pathway for high school students to begin preparation to teach primary and secondary education;
Expand access to and ensure the affordability of higher education for all high school students, including students who are:
Historically underrepresented in higher education; and
From rural areas of the State;
Build a strong and diverse teacher pipeline to serve the State’s public primary and secondary schools; and
Serve as a model to be replicated for regional implementation statewide.
The University shall convene a Southern Maryland Early College Teacher Pathway Program Workgroup to develop the recommendations for the Program and the teacher preparation pathway in Southern Maryland.
The Program Workgroup shall consist of the following members:
One representative of the Office of the Governor, appointed by the Governor;
One member of the Senate of Maryland, appointed by the President of the Senate;
One member of the House of Delegates, appointed by the Speaker of the House;
The State Superintendent, or the State Superintendent’s designee;
The Chair of the Accountability and Implementation Board, or the Chair’s designee;
The Secretary, or the Secretary’s designee;
The Chancellor, or the Chancellor’s designee;
The Senior Vice Chancellor for Academic and Student Affairs of the University, or the Senior Vice Chancellor’s designee;
The Executive Director of the University System of Maryland at Southern Maryland, or the Executive Director’s designee;
The President of the University of Maryland, College Park Campus, or the President’s designee;
The President of Towson University, or the President’s designee;
The President of St. Mary’s College of Maryland, or the President’s designee;
The President of the College of Southern Maryland, or the President’s designee;
The Executive Director of the Maryland Association of Community Colleges, or the Executive Director’s designee;
The county superintendents, or the county superintendents’ designees, of the following counties:
Calvert County;
Charles County; and
St. Mary’s County;
One representative, who is a licensed school–based employee with experience implementing postsecondary readiness or early teacher preparation programs, from each of the following entities:
The Calvert Education Association, designated by the President of the Association, or the President’s designee;
The Education Association of Charles County, designated by the President of the Association, or the President’s designee; and
The Education Association of St. Mary’s County, designated by the President of the Association, or the President’s designee; and
Any other members designated by the University.
On or before June 30, 2029, the University shall report to the Department, the Commission, the Governor, and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Energy, and the Environment Committee and the House Ways and Means Committee on:
The Program Workgroup’s recommendations for the Program and the teacher preparation pathway in Southern Maryland, including:
The structure of the teacher preparation pathway;
An implementation plan for the teacher preparation pathway; and
Any legislative or regulatory changes necessary for successful implementation of the teacher preparation pathway; and
The use of State funds to develop the Program Workgroup’s recommendations for the Program and the teacher preparation pathway in Southern Maryland.
For each of fiscal years 2028 and 2029, the Governor shall include in the annual budget bill an appropriation of $125,000 to the University to support the development of the Program Workgroup’s recommendations for the Program and the teacher preparation pathway in Southern Maryland in accordance with this section.
The Board shall establish:
A Council of University System Presidents;
A Council of University System Faculty;
A Council of University System Staff; and
A University System Student Council.
These councils shall serve in an advisory capacity to the Chancellor and may, from time to time, make reports and recommendations to the Board.
The Board may appoint committees to advise it in exercising its authority.
In this subtitle the following words have the meanings indicated.
“Center” means the Center for Maryland Advanced Ventures established under § 12–305 of this subtitle.
“Council” means the MPowering Joint Steering Council established under § 12–304 of this subtitle.
“Presidents” means the President of the University of Maryland, College Park Campus and the President of the University of Maryland, Baltimore Campus.
“UMCEED” means the University of Maryland Center for Economic and Entrepreneurship Development.
“University of Maryland” has the meaning stated in § 12–101 of this title.
The General Assembly finds that:
Fundamental research is the building block of a knowledge–based economy;
Federal research grants that support fundamental research are transitioning from single–discipline grants to multidiscipline grants that span academic programs;
A successful knowledge–based economy also depends on the transition of innovative research projects developed in research labs to companies in the private sector for commercialization; and
The State must enhance its research and technology transfer programs to continue developing a strong knowledge–based economy.
There is a University of Maryland, which is a strategic partnership between the following two distinct campuses within the University System of Maryland:
The University of Maryland, Baltimore Campus; and
The University of Maryland, College Park Campus.
The University of Maryland strategic partnership is a formal strategic alliance which leverages the resources of each campus within the University of Maryland to benefit the State and improve and enhance:
Academic programs and experiences for students;
Research, technology, technology transfer, and commercialization for economic development; and
Public service and the commitment to community development.
The University of Maryland, unless otherwise provided in this title, is subject to the provisions of Division III of this article.
The University of Maryland shall ensure that the rights, privileges, and agreements of its employees under Division I of the State Personnel and Pensions Article or under any higher education personnel rules or policies are not impaired or reduced.
In addition to the powers and duties established in this subtitle, the presidents shall have the powers and duties as provided in § 12–109 of this title.
The president of each campus shall have the responsibility for that campus within the University of Maryland.
The presidents jointly shall develop and implement a plan that encourages and promotes alignment, cooperation, and collaboration between the College Park Campus and the Baltimore Campus.
The plan shall:
Identify all undergraduate and graduate academic and research programs that may benefit from alignment and collaboration between the campuses;
Identify competitor state peers for the University of Maryland to be used in the funding guidelines developed under §§ 10–203 and 11–105 of this article;
Promote effectiveness and efficiencies between the campuses, including potential savings in human resources, procurement, and information technology; and
Include any other information and implementation plans to achieve the purpose of the University of Maryland identified in this subtitle.
Professional schools or their administrative functions may not be relocated out of Baltimore City.
Notwithstanding paragraph (1) of this subsection, there:
Shall be collaboration with the professional schools located in Baltimore City; and
May be professional school courses offered at a location other than Baltimore City.
Nothing in the strategic partnership may be construed to prevent or restrict collaboration or coordination between the University of Maryland, other institutions, and entities including the University of Maryland Medical System.
The presidents shall actively seek collaboration with other institutions and entities, particularly in the Baltimore metropolitan region, as appropriate, to benefit the State.
The presidents shall report annually to the University System of Maryland Board of Regents and the Chancellor of the University System of Maryland regarding collaboration with the City of Baltimore, Prince George’s County, and the City of College Park in the area of community development.
There is an MPowering Joint Steering Council.
The Council consists of members appointed by the President of the College Park Campus and the President of the Baltimore Campus.
The Council shall:
Develop guidelines for faculty appointments that are joint between the College Park Campus and the Baltimore Campus;
Make recommendations to the presidents on joint faculty appointments;
Make recommendations to the presidents identifying competitor state peers for the University of Maryland;
Establish a process by which undergraduate and graduate programs are evaluated to determine whether the students, the University of Maryland, and the State would benefit from alignment and collaboration and make recommendations to the presidents;
Carry out the programs and policies established under the MPower program as directed by the presidents;
Explore opportunities to create registered apprenticeship programs in nursing and other fields that include integration of high school career and technology education programs and University of Maryland graduate and undergraduate programs; and
Perform any other duties assigned by the presidents.
The Governor shall include in the annual State budget for the Council a General Fund appropriation in the following amounts:
$2,000,000 in fiscal year 2021;
$4,000,000 in fiscal year 2022;
$6,000,000 in fiscal year 2023;
$8,000,000 in fiscal year 2024; and
$10,000,000 in fiscal year 2025 and each fiscal year thereafter.
The Governor shall include in the annual State budget for the University of Maryland Baltimore County, to further its mission as a research university and to complement the economic development and research activities of the MPowering Joint Steering Council, a General Fund appropriation in the following amounts:
$400,000 in fiscal year 2021;
$800,000 in fiscal year 2022;
$1,200,000 in fiscal year 2023;
$1,600,000 in fiscal year 2024; and
$2,000,000 in fiscal year 2025 and each fiscal year thereafter.
The Governor shall include in the annual State budget for the Council to use exclusively on the University of Maryland Institute for Health Computing a General Fund appropriation in the following amounts:
$1,500,000 in fiscal year 2026;
$3,000,000 in fiscal year 2027;
$4,500,000 in fiscal year 2028; and
$6,000,000 in fiscal year 2029 and each fiscal year thereafter.
The money appropriated under paragraphs (1), (2), and (3) of this subsection is supplemental to and may not take the place of funding that otherwise would be appropriated for the Council or the University of Maryland Baltimore County.
There is a Center for Maryland Advanced Ventures at the University of Maryland.
The Center shall be located on the University of Maryland, Baltimore Campus in Baltimore City.
The Center shall:
Pursue grant funding for the University of Maryland, including interdisciplinary grant funding;
Develop and implement guidelines for the transfer of technology developed by the University of Maryland to the private sector; and
Include in the guidelines a process to identify research projects occurring at the University of Maryland that may be viable for commercialization; and
Facilitate the transfer of technology from the University of Maryland to commercial industries by:
Assessing the viability and value of the technology;
Defining and exploiting potential markets for the technology;
Identifying funding sources to support the development of the technology;
Developing commercialization strategies; and
Assessing intellectual property issues, including licensing and patents.
The Center also shall provide the services identified under subsection (b) of this section to any public institution of higher education that requests the services.
Subject to the approval of the presidents, the Center may assess a reasonable fee for providing services to any public institution of higher education other than the University of Maryland.
The presidents shall appoint an Executive Director of the Center.
The Executive Director shall:
Ensure that the provisions of this section are carried out;
Develop a plan to appropriately staff the Center in order to effectively carry out the duties of the Center;
Develop a working relationship with the Secretary of Commerce and the Chief Executive Officer of the Maryland Technology Development Corporation; and
Annually report to the presidents:
The number of technology transfer transactions or projects for which the Center has provided assistance;
The amount and source of funds the Center has identified to assist in the development of technologies;
The public institutions of higher education for which the Center has provided assistance;
The commercial value of technology that was transferred to the commercial industry;
The estimated number of new jobs created as a result of the Center; and
Any recommendations for improving the overall effectiveness of transferring technology that is developed by the University of Maryland.
The Maryland Technology Development Corporation may advise the Executive Director of the Center on the development of the Center.
For each of fiscal years 2018 through 2022, the Governor shall include in the annual budget bill an appropriation of at least $3,000,000 to the Center.
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $4,000,000 to the Center.
For each of fiscal years 2018 through 2022, the Governor shall include in the annual budget bill an appropriation of at least $1,000,000 to the Center to be used to encourage the development and location of University created or sponsored technology companies in Baltimore City.
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,500,000 to the Center to be used to encourage the development and location of University created or sponsored technology companies in Baltimore City.
There is a University of Maryland Center for Economic and Entrepreneurship Development (UMCEED).
UMCEED shall be located on the College Park Campus.
Following all State law, regulations, and processes for program review and approval, UMCEED shall advance the education of students by developing degree and credential programs in the following fields of study:
Virtual and augmented reality;
Neurosciences;
Biomedical devices;
Data analytics;
Cybersecurity; and
Quantum technologies, advanced data computing, and information technologies.
The presidents shall appoint an Executive Director of UMCEED.
The Executive Director shall:
Ensure that the provisions of this section are carried out; and
Develop a plan to appropriately staff UMCEED in order to effectively carry out the duties of UMCEED.
The Governor shall include in the annual budget bill an appropriation of at least the following amounts to UMCEED for the following fiscal years:
$2,000,000 for fiscal year 2018;
$4,000,000 for fiscal year 2019; and
$6,000,000 for fiscal year 2020 and each fiscal year thereafter.
In addition to the appropriation required under paragraph (1) of this subsection, for fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,500,000 to UMCEED to be used to encourage the development and location of University created or sponsored technology companies in Prince George’s County.
It is the intent of the General Assembly that the University of Maryland Global Campus:
Operate as Maryland’s open university serving nontraditional students who reside in Maryland, the United States, and throughout the world;
Provide the citizens of Maryland with affordable, open access higher education; and
Continue as a leader in distributed higher education.
There is a University of Maryland Global Campus which is not a new constituent institution of the University System of Maryland.
As a constituent institution of the University System of Maryland, the University of Maryland Global Campus is an instrumentality of the State.
The exercise by the University of Maryland Global Campus of its powers, including its overseas operations, is the performance of an essential public function.
The provisions of § 12–105(a) of this article do not apply to the overseas operations of the University of Maryland Global Campus. The institution may spend the appropriation without the approval of the Board of Public Works and without submitting a detailed budget schedule to the Board of Public Works.
The University of Maryland Global Campus shall prepare an annual financial information statement for the next following fiscal year and shall submit the statement to the Department of Budget and Management each year before October 1. The annual financial information statement shall include for the next following fiscal year:
An estimate of the total revenues of the University of Maryland Global Campus, including revenues from tuitions, fees, gifts, grants, and interest income;
An estimate of the value of services which the other units of the University System of Maryland and other State agencies provide to the University of Maryland Global Campus; and
An estimate of the total cost of salaries and personnel benefits for employees of the University of Maryland Global Campus.
The interest or income from the investment of the funds of the University of Maryland Global Campus by the State Treasurer shall be credited to the University of Maryland Global Campus.
Any unexpended or unencumbered balance of the annual appropriation for the University of Maryland Global Campus, except any appropriation from the General Fund of the State, shall not revert to the General Fund of the State at the end of the State’s fiscal year.
The University of Maryland Global Campus may:
Purchase, lease, or rent motor vehicles for use in overseas programs; and
Purchase, lease, or rent mechanical or electronic data or information processing equipment and related services for its overseas programs.
Each year the University of Maryland Global Campus shall cause an independent certified public accountant to prepare audited financial statements of the University of Maryland Global Campus in accordance with generally accepted auditing standards accompanied by the auditor’s report on the statements.
The provisions of § 12–105(f) of this article do not apply to the University of Maryland Global Campus overseas programs.
There is a Maryland Statewide Medical Education and Training System in the University of Maryland.
The System includes the centers for training in comprehensive medical care specifically provided for in the State budget by funds designated and identified for the development of these centers.
Each center shall be established cooperatively with an existing medical or educational institution in this State.
The Dean of the University of Maryland School of Medicine and each cooperating institution jointly shall appoint a director and faculty for each center.
Each center shall appoint an advisory council to provide the highest possible degree of support and advice from the lay and professional communities.
In cooperation with the director of the center and the staff of the cooperating institution, the University of Maryland School of Medicine shall plan, implement, and expand a medical education and training program at each center.
The Dean of the University of Maryland School of Medicine is responsible for the fiscal administration of the program and shall review and approve the budget proposed by each center.
The University of Maryland is responsible for:
Selecting and assigning students to the centers; and
Curriculum development and accreditation of the centers.
The University of Maryland may assign to those centers that it believes have developed appropriate faculty, facilities, and primary care curricula:
Third and fourth year medical students;
Residency trainees; and
Students who are in primary care programs of other health professions.
The University of Maryland School of Medicine shall provide for periodic, systematic evaluation of the Maryland Statewide Medical Education and Training System.
This section does not restrict any health care institution from starting or operating any training program jointly with any other person, whether or not the institution participates in this program.
Any institution that participates with the University of Maryland under this section is free to engage in any other educational training programs.
There is a Maryland Fire and Rescue Institute in the University of Maryland.
The head of the Institute is the Director.
The Director:
Shall report directly to the President of the University of Maryland, College Park Campus; and
May adopt rules and regulations necessary to carry out this section.
The Institute shall:
Provide classroom education and training for career and volunteer fire and rescue personnel, both at the Institute and throughout this State;
Cooperate with other agencies that provide training for fire and rescue personnel;
Train instructors;
Prepare or adopt materials for training fire and rescue personnel;
Develop new fire and rescue training techniques;
Develop and implement specialized courses in fire fighting, including industrial fire fighting;
Maintain statistics and records on fire and rescue education, training, and related matters;
Develop programs to inform the public about the tasks performed by fire and rescue personnel;
Establish guidelines for instructional material to school systems in the State concerning fire and rescue education;
Provide disaster training for fire and rescue personnel; and
Cooperate with the Maryland Institute for Emergency Medical Services Systems to provide basic training for rescue personnel and emergency medical technicians.
The Institute shall have the funds provided in the State budget.
In this section, “Fund” means the Small Business Development Center Network Fund.
There is a Small Business Development Center Network Fund.
The purpose of the Fund is to provide matching funds for federal grant funds and to support the operations of the Small Business Development Center Network in the University of Maryland, College Park Campus.
The Fund is a special, continuous, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The proceeds of the Fund shall be invested and reinvested.
Any investment earnings of the Fund shall be credited to the General Fund of the State.
The Fund consists of:
Any money appropriated to the Fund;
Any federal grant funds; and
Any other money from any other source accepted for the benefit of the Fund.
Money in the Fund may only be expended to support the operations of the Small Business Development Center Network.
For the fiscal year beginning July 1, 2021, and each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation of at least $1,150,000 to the Fund.
In this section the following words have the meanings indicated.
“Fund” means the Sustainable Maryland Program Fund.
“Program” means the Sustainable Maryland Program.
There is a Sustainable Maryland Program.
The purpose of the Program is to provide research, access to resources, technical assistance, and certification programs for municipalities to increase sustainability, protect environmental well–being, and ensure economic vitality.
In carrying out the powers and duties granted under this section, the Program shall work in consultation and collaboration with institutions and organizations in the State, including:
The Environmental Finance Center at the University of Maryland;
The School of Architecture, Planning, and Preservation at the University of Maryland; and
The Maryland Municipal League.
There is a Sustainable Maryland Program Fund.
The purpose of the Fund is to expand and enhance Sustainable Maryland’s promotion and support of communities in the State in the effort to realize environmental, economic, and social sustainability.
The University of Maryland Environmental Finance Center shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
Offering training and education to ensure communities are well informed on advances in sustainability science, policy, and practice;
Outreach and engagement to build local capacity and institutionalize sustainability efforts within communities, including:
An annual sustainability conference;
A peer–to–peer learning exchange; and
Sustainable Maryland green team roadshows;
Developing and expanding the Sustainable Maryland program;
Improving green community certification tiers with new strategies and actions;
Providing annual community innovation small grants to help communities pilot new innovative strategies;
Recognizing community efforts toward achieving green certification; and
Administrative expenses related to the Sustainable Maryland program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Money expended from the Fund for the Sustainable Maryland program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Sustainable Maryland program.
For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Fund.
In this section, “Institute” means the Institute for Public Leadership at the University of Maryland, College Park Campus.
There is an Institute for Public Leadership in the School of Public Policy at the University of Maryland, College Park Campus.
The School of Public Policy at the University of Maryland, College Park Campus shall manage the Institute according to the policies of the University of Maryland.
The purpose of the Institute is to:
Enhance the teaching of public leadership through academic and executive programs that support a diverse range of populations, including undergraduate and graduate students, mid–career professionals, and executive level officials and staff;
Provide students with opportunities for experiential learning with local, State, and federal partners;
Support students, especially those underrepresented in public service positions, to access public leadership careers through partnerships, skill development, and professional mentorship;
Build an active community of accomplished local, State, and federal practitioners associated with the Institute to share their knowledge and experience with students, faculty, and the public; and
Serve as a resource for public leaders in the State and the nation through research on issues of current and emerging significance.
For each of fiscal years 2023 through 2027, the Governor shall include in the annual budget bill an appropriation of $1,500,000 to the Institute.
In this section the following words have the meanings indicated.
“Program” or “TerpsEXCEED Program” means the University of Maryland, College Park Campus TerpsEXCEED (EXperiencing College through Education and Employment Discovery) Program.
“University” means the University of Maryland, College Park Campus.
For fiscal year 2027 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $350,000 for the TerpsEXCEED Program at the University.
The funding provided under subsection (b) of this section may serve as a sustainable funding source for the management of the TerpsEXCEED Program to provide educational and employment opportunities to students with intellectual disabilities and to enable the Program’s future expansion.
The funding provided under subsection (b) of this section may be used for:
Advising and counseling students in the Program to assist with scheduling and registration for classes, outreach to professors, designing course modifications, providing in–class support and accommodations, and offering mentor tutoring;
Advising and counseling students in the Program to assist with calendar management;
Advising and counseling students in the Program to facilitate student club and activity choices;
Training and communicating with resident assistants and resident directors in the Program;
Offering courses in peer mentorship in the Program;
Advising peer mentors in the Program;
Offering courses in career development in the Program;
Developing internship and job opportunities on and off campus, gathering supervisor feedback, and providing direct employment support, including goal setting and career planning for each student in the Program;
Connecting students in the Program with State agencies that support individuals with disabilities;
Managing the use of self–directed waiver budgets for on–campus supports in the Program;
Managing financial aid systems for the Program;
Sharing resources needed for post–Program support; and
Facilitating a cross–agency, integrated resource team for each student in the Program and any other customized programming or direct counseling that supports the well–being of each student in the Program and fosters specific opportunities for self–determination.
In this subtitle the following words have the meanings indicated.
“Day” means, except as otherwise provided, a working day, Monday through Friday, regardless of work schedule, weekend work, or midweek days off.
“Grievance” means any cause of complaint arising between a regular full–time or part–time employee and the University on a matter concerning discipline, alleged discrimination, promotion, assignment, or interpretation or application of University rules or departmental procedures over which the University management has control.
“Grievance” includes, notwithstanding any other provision of this subsection, a cause of complaint arising under §§ 2–402 and 2–407 of the State Personnel and Pensions Article.
“Grievance” does not include:
Complaints on the general level of wages, wage patterns, fringe benefits, or other broad areas of financial management and staffing; or
Any cause of complaint by any employee who is not represented by an exclusive representative under Title 3 of the State Personnel and Pensions Article.
“University”, unless the context requires otherwise, means a constituent institution of the University System of Maryland.
If authorized by the Board of Regents or its designee, nurses and graduates of registered nurse education programs assigned to positions in the medical system of the Baltimore City campus may be scheduled to work flexible biweekly schedules with the normal biweekly work period of 80 hours; however, nursing personnel may not be required to work a flexible biweekly schedule.
If authorized by the Board of Regents or its designee, the campuses of the University System of Maryland may enter into agreements or understandings with employees who are eligible for overtime compensation under federal law that the employees will receive voluntarily compensatory time off in accordance with the federal Fair Labor Standards Amendments of 1985.
The University’s policy regarding compensatory time off awarded under the provisions of subsection (b) of this section shall be in accordance with regulations regarding compensatory time off adopted by the Department of Budget and Management, where appropriate.
If, following informal discussion with the supervisor, a dispute remains unresolved, the grievance procedure is available. There are three steps in the grievance procedure.
Step One. Step one is the initiation of a complaint. Grievances shall be initiated within 30 calendar days of the action involved, or within 30 calendar days of the employee having reasonable knowledge of the act, unless these time limits are further delimited as stated in § 13-205 of this subtitle. Appeals within the grievance procedure shall be timed from receipt of the written opinion of management or from when such opinion is due, whichever comes first. An aggrieved employee or the employee’s designated representative may present the grievance in writing to the department head or chairman or designee for formal consideration. If the grievance is presented to the department head or chairman or designee, within 5 days after the receipt of the written grievance a conference shall be held with the aggrieved or the employee’s designated representative and within 5 days after the conclusion of the conference a decision shall be rendered in writing to the aggrieved or the employee’s designated representative. If the aggrieved employee is not satisfied with the decision rendered at this step, the employee or the employee’s designated representative may appeal in writing to step two within 5 days.
Both employee and department head or chairman or designee shall continue to review the matter, either privately or with the help of others in the employee’s immediate work unit who are directly involved in the grievance. Each department head or chairman or designee shall use judgment in keeping superiors informed of the status of each grievance and, if necessary, request guidance, advisory committees, or other assistance consistent with departmental policy. If either the employee or the department head or chairman or designee feels the need for aid in arriving at a solution, the campus personnel department may be requested to provide resource staff or any other available resource personnel may be invited to participate in further discussions. The addition of such participants does not relieve the department head or chairman or designee and the employee from responsibility for resolving the problem.
Step Two. The appeal shall be submitted to the president of the constituent institution or the president’s designated representative within 5 days after the receipt of the written decision at step one. The president or the president’s designated representative shall hold a conference with the aggrieved or the employee’s designated representative within 10 days of receipt of the written grievance appeal and render a written decision within 15 days after the conclusion of the conference.
Step Three. In the case of any still unresolved grievance between an employee and the constituent institution, the aggrieved employee, after exhausting all available procedures provided by the constituent institution, may submit the grievance to either arbitration or to the Chancellor who may delegate this responsibility to the Office of Administrative Hearings in accordance with Title 10, Subtitle 2 of the State Government Article. In either case, the appeal shall be submitted within 10 days after the receipt of any written decision pertaining to that grievance and issued by the constituent institution. If the grievance is arbitrated, the parties shall select an arbitrator by mutual agreement. If they are unable to reach a mutual agreement, an arbitrator shall be supplied by the American Arbitration Association by their procedures. Any fees resulting from arbitration are assessed by the arbitrator equally between the two parties. The arbitration award is advisory to the Chancellor or administrative law judge, as appropriate, and an additional appeal or hearing may not be considered. The Chancellor or administrative law judge, as appropriate, shall make the final decision that is binding on all parties.
The Chancellor or administrative law judge, as appropriate, shall have the power to award back pay in any grievance and the president of the constituent institution shall enforce such order. In any reclassification case in which the Chancellor or administrative law judge, as appropriate, or his designated representative, determines that an employee has been misclassified, the Chancellor or administrative law judge, as appropriate, may, in his discretion, award back pay to the employee for a period not to exceed one year prior to the initial filing of the grievance.
After a finding that wages were withheld in violation of §§ 2–402 and 2–407 of the State Personnel and Pensions Article, the decision maker in a grievance procedure shall award the payment of damages in accordance with § 2–407 of the State Personnel and Pensions Article.
During any stage of a complaint, grievance, or other administrative or legal action that concerns State employment by a full-time or part-time employee of an institution, or by a temporary or contractual employee of an institution, the employee may not be subjected to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of an institution solely as a result of that employee’s pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.
An employee of an institution may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee solely as a result of that employee’s pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.
An employee who violates the provisions of this subsection is subject to disciplinary action, including termination of employment.
A decision may not be made at any step of the grievance procedure that conflicts with or modifies a policy approved by the Board of Regents of the University System of Maryland or with any applicable statute or with any administrative regulation issued under appropriate statutory authority or that otherwise delimits the lawfully delegated authority of University officials unless prior approval has been obtained from the responsible official.
Within 5 days from the date on which the employee receives the charges for removal as evidenced by the return receipt or other evidence of delivery of the charges to the employee an employee who is suspended under charges for removal may request an opportunity to be heard in his own defense. Within 30 days if possible after receipt, the president or the president’s designated representative shall investigate the charges and give the employee an opportunity to be heard. Testimony shall be taken under oath and both the department head or chairman or designee and the employee have the right of representation by counsel and the right to present witnesses and give evidence. Within 15 days following the conclusion of the conference, the written decision shall be rendered to the employee. In the case of appeals from charges pending removal, the department head or chairman or designee may request through appropriate channels the Attorney General’s representative to the University to serve as counsel. In case no hearing is timely requested, the Campus Director of Personnel shall act upon the charges or order such other actions as are indicated by the findings in the case. If a hearing is timely requested and the removal is upheld, step three of the grievance procedure shall be available to the removed individual. The appeal shall be submitted within 10 days after receipt of the written University decision.
Within 5 days, an employee who is notified of demotion may file a written answer with the president or the president’s designated representative and request an investigation of the demotion. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall investigate the demotion and give the employee an opportunity to be heard. Within 15 days following the conclusion of the investigation, the written decision shall be rendered to the employee. If an investigation is timely requested and the demotion is upheld, step three of the grievance procedure is available to the demoted employee. The appeal shall be submitted within 10 days after receipt of the written University decision.
Rejection on Original Probation. Within 5 days of the notice of rejection, an employee who is rejected on original probation may file a written request with the president or the president’s designated representative for a hearing. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall conduct a hearing. Within 15 days following the conclusion of the hearing, the written decision shall be rendered to the employee. If the hearing is timely requested and the rejection is upheld, step three of the grievance procedure is available. The appeal shall be submitted within 10 days after receipt of the written University decision. Rejection for cause is not required in the case of an employee rejected on original probation.
Rejection on Promotional, Transfer, or Horizontal Change Probation. Within 5 days of receipt of the recommendation of the department head or chairman to reject, an employee who is promoted and then rejected within the probationary period for the new class and for whom a vacancy in the former class is not available may file an answer with the president or the president’s designated representative and request an investigation of the proposed rejection. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall investigate the proposed rejection. The same rule applies to an employee who has completed a probationary period in one classification and makes a horizontal change to a new classification, and is rejected in the new classification or who transfers to another department in the same classification and is rejected. Within 15 days following the conclusion of the investigation, the written decision shall be rendered to the employee. If the investigation is timely requested and the rejection is upheld, step three of the grievance procedure is available to the rejected employee. The appeal shall be submitted within 10 days after receipt of the written University decision.
This subsection does not apply to suspensions pending charges for removal.
Alleged infractions shall be investigated by the responsible supervisor or administrator or designee at the earliest opportunity following knowledge of it, and the investigation shall be promptly completed. All suspensions of employees shall be implemented within 3 days of the alleged infraction or knowledge of the alleged infraction by the responsible supervisor or administrator. All suspension days shall be consecutive.
The employee or the employee’s designated representative may submit a written appeal on a disciplinary suspension to the president or the president’s designated representative within 5 days of notification of the suspension, or the employee or the employee’s designated representative may appeal the suspension within 3 days of notification of the suspension to the department head or chairman or designee. The department head or chairman or designee shall hear the case within 3 days from the receipt of the written appeal. If the appeal is unheard or unanswered as a result of management delay, the employee shall be reinstated with full back pay.
If the suspension is upheld by the president or the president’s designated representative, step three of the grievance procedure is available to the employee. If the employee chooses to appeal to the department head or chairman or designee, any further appeals shall proceed through steps two and three of the grievance procedure.
If an employee is suspended without pay pending a hearing on disposition of charges for removal, the president or the president’s designated representative shall notify the employee in writing of the reasons for the suspension at the time of the notice of the suspension.
Within 5 working days of the notice of suspension, the employee may request in writing that the president or the president’s designated representative, in addition to conducting a hearing on the merits, conduct a preliminary hearing to determine whether or not the employee may continue to work with pay pending the disposition of the charges.
The president or the president’s designated representative shall conduct a preliminary hearing within 5 working days after the president or the president’s designated representative receives in writing the request from the suspended employee for the preliminary hearing.
The preliminary hearing shall be limited to the issues of:
Whether suspension without pay is necessary to protect the interests of the University or the employee pending final disposition of the charges; and
Whether other employment and status alternatives should be considered.
At the preliminary hearing, the employee may:
Rebut the reasons given for the suspension;
Allege mitigating circumstances; and
Offer alternatives to the suspension, including:
Return to the position with pay;
Transfer to another position with pay; or
Suspension with pay.
Within 5 days after the preliminary hearing is completed, the president or the president’s designated representative shall render a written decision that is conclusive as to the issue of whether or not the employee may continue to work with pay pending the disposition of the charges.
This section applies only to a regular full–time or part–time employee who is represented by an exclusive representative under Title 3 of the State Personnel and Pensions Article.
The University may remove, suspend, or demote a regular full–time or part–time employee who is not on probation only:
For cause;
On written charges; and
In accordance with this subtitle.
The University may not remove, suspend, or demote a regular full–time or part–time employee for any reason prohibited by § 2–302 of the State Personnel and Pensions Article.
In cases of appeal to an arbitrator, each party is responsible for any expense incurred in the preparation and presentation of its own case and for any record or transcript it may desire.
Upon the formal or informal initiation of a grievance an employee designated as a grievance procedure representative shall not suffer any loss of pay for investigating, processing or testifying in any step of the grievance procedure. Release time from normal work schedules is to be granted all witnesses to attend grievance hearings. Expenses incurred in connection with attendance by employees at grievance hearings shall be borne by the employee’s department.
Similar grievances may be consolidated and processed together as a single issue. Where a number of individual grievances have been reduced into a single grievance, not more than three employees selected by and from the group may be excused from work to attend a grievance meeting called by the responsible administrator at step one and not more than five employees at steps two and three unless, at any step, prior permission is granted by the person hearing the grievance.
Employee complaint forms shall be available in the campus personnel department. The University form shall be used.
It is the responsibility of the head of each organizational unit to assure that each employee understands the channels of communication and appeal, specifically who is the department head or chairman and who acts in their absence.
An employee may not leave the post of duty to engage in grievance handling without the knowledge of and permission from the designated supervisor.
A formal grievance may be filed by the aggrieved employee; the request to appeal a grievance must bear the signature of the employee or the employee’s representative at each step of the procedure.
A record of each grievance and its disposition shall be furnished to the employee involved. A file copy of each grievance shall be maintained at the last step at which the grievance was processed, and an additional copy shall be filed with the campus personnel department which shall be available to the employee or the employee’s representative.
At any point in the grievance procedure, the employee may elect to obtain, change, or dismiss the representative by providing a written notice to the person hearing the grievance. However, the action does not allow the grievant to return to a previous step in the procedure.
A hearing officer may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence or witnesses.
Each step of the grievance procedure shall be processed as quickly as practicable within the specified time limits. Failure to appeal at any step constitutes acceptance. Failure to answer is a denial to which an appeal may be made. By mutual agreement, the time limits and/or steps may be waived.
It is the responsibility of each party to the grievance procedure at each step of the procedure to duplicate the grievance form prior to filing it with the employer or returning it to the employee and to retain one copy of the form.
A grievance may start with a complaint or request by a permanent or temporary employee.
An employee may be represented at every step of the grievance procedure by a party or organizational representative.
An employee shall receive a copy of this grievance procedure upon employment at the University.
Both parties shall make an effort to resolve the grievance at the lowest possible level.
All grievance hearings shall be open hearings unless either party requests that the hearing be closed.
At any step of the grievance procedure, either party may require that witnesses be excluded from the hearing room until called.
Any party who elects to use this procedure for resolution of a problem is presumed to agree to abide by the final disposition arrived at in this procedure and the final disposition may not be subject to review under any other procedure within the University.
Any question concerning the timeliness of a grievance or whether a complaint is subject to the grievance procedure shall be raised and resolved promptly, unless the person hearing the grievance or appeal determines that the decision on a motion to dismiss will be deferred pending a hearing on both the merits and the motion.
The defense of sovereign immunity may not be available to the University, unless otherwise specifically provided by the laws of Maryland, in any administrative, arbitration, or judicial proceeding held pursuant to this section, or the personnel policies, rules, and regulations for regular full–time and part–time employees of the University System of Maryland involving any type of employee grievance or hearing, including, but not limited to charges for removal, disciplinary suspensions, involuntary demotions, or reclassifications.
The Governor shall provide in the annual State budget adequate funds for the satisfaction of any final monetary or benefit award or judgment that has been rendered in favor of the employee against the University in any administrative, arbitration, or judicial proceeding.
Awards under this section that have not been satisfied pursuant to subsection (d) of this section, shall be reported to the Comptroller of the Treasury, who shall maintain and report annually to the Governor an accounting of existing awards. Upon appropriation of funds by the legislature, the Comptroller of the Treasury shall satisfy existing awards in order of date of award.
If the University has sufficient funds available to satisfy any award under this section at the time the award is rendered, the award shall be satisfied as soon as practicable but not more than 20 days after the award becomes final.
In this subtitle, unless the context clearly requires otherwise, the following words have the meanings indicated.
“Annual contract” means, as to any fiscal year, the contract required by this subtitle to be entered into between the University and the Medical System Corporation stating the obligations between them for that fiscal year.
“Board of Directors” means the Board of Directors of the Medical System Corporation.
“Board of Regents” means the Board of Regents of the University System of Maryland.
“Chief Executive Officer” means the individual elected Chief Executive Officer by the Board of Directors of the Medical System Corporation and also appointed by the Board of Regents as Vice President for the medical system.
“Community naturally served” means the hospital’s historic service population and those neighborhoods traditionally served by the hospital as well as any additional population the Medical System Corporation determines with the approval of the Maryland Health Care Commission and the Maryland Department of Health.
“Comprehensive services” means comprehensive health care services.
“Dental school” means the School of Dentistry of the University.
“Includes” or “including” means includes or including by way of illustration and not by way of limitation.
“Institute” means the Maryland Institute for Emergency Medical Services Systems.
“Medical system” means the University Medical System, consisting of those health care delivery components of the University that are in Baltimore City rendering patient care services and more particularly identified by the Board of Public Works at the time of conveying medical system assets to the Medical System Corporation, including University Hospital, the University Cancer Center, and the clinical component of the Institute.
“Medical system assets” means all assets allocated to the medical system as shown on the financial statements of the medical system at the transfer date and as more particularly or additionally identified or supplemented by the Board of Regents and approved by the Board of Public Works and transferred to the Medical System Corporation, including (unless further defined by the Board of Public Works) all related land and buildings and funds deposited with the State Treasurer.
“Medical System Corporation” means University of Maryland Medical System Corporation, a private, nonprofit, nonstock corporation formed under the general corporation laws of this State.
“Medical System Corporation employees” means employees of the Medical System Corporation.
“Medical system liabilities” means all liabilities allocated to the medical system as shown on the financial statements of the medical system at the transfer date.
“Medical system personnel” means both medical system University personnel and Medical System Corporation employees.
“Medical system University personnel” means those employees of the University who report to the Chief Executive Officer and for whose services the Medical System Corporation contracts with the University.
“President” means the President of the University of Maryland, Baltimore Campus.
“School of Medicine” means the School of Medicine of the University.
“Transfer date” means any date from July 1, 1984, to June 1, 1985, both inclusive, determined by the Board of Public Works and filed with the Secretary of State and the Department of Legislative Services.
“University” means the University of Maryland.
It is hereby found and determined that:
The purposes of the medical system are to provide medical care of the type unique to University medical facilities for the citizens of the State and region and, in accomplishing this objective, to provide a clinical context for education and research conducted by the faculty of the University;
The purposes extend to all citizens of the State, particularly regarding health care needs which only an academic medical institution can adequately meet such as extensive tertiary care, major shock trauma treatment, and sophisticated surgical techniques;
The purposes also include rendering comprehensive health care to the community naturally served by University Hospital to assure its availability to citizens of that community;
These purposes separately and collectively serve the highest public interest and are essential to the public health and welfare, but must be realized in the most efficient manner and at the lowest cost practicable and consistent with these purposes;
It has proven unnecessarily costly and administratively cumbersome for the University to finance, manage, and carry out the patient care activities of an academic institution within the existing framework of a State agency, since many applicable laws, management structures, and procedures were developed to implement types of governmental functions which differ from the operations of a major patient care facility in an environment of State and federal regulation; such patient care operations are more efficiently served by contemporary legal, management, and procedural structures utilized by similarly situated, private entities throughout the nation;
It is fiscally desirable for the State of Maryland to separate the operations, revenues, and obligations of the medical system from the State to the end that, to the maximum extent practicable, the medical system be a self–supporting entity to which the State may make grants or with which the State may contract as may be deemed appropriate from time to time; this separation will segregate patient care costs and revenues from unrelated State activities;
The interests of the citizens of the State, the region, and the community naturally served by University Hospital will be best met by granting and transferring State assets and liabilities related to the medical system to a private, nonprofit, nonstock corporation in order to create a separate legal and organizational structure for the medical system to provide independence and flexibility of management and funding, while assuring a compatible and mutually beneficial relationship with the University;
In order to maintain the highest quality patient care with the maximum efficiency practicable, the R Adams Cowley Shock Trauma Center will be part of the medical system and will be governed by the Board of Directors; and
It is the intent of the General Assembly that:
Employees of the Medical System Corporation and any subsidiary of the Medical System Corporation who are not medical system University personnel enjoy the rights and protections associated with full freedom of association and collective bargaining afforded to similarly situated citizens of the State; and
Each subsidiary established by the Medical System Corporation under § 13–303(k) of this subtitle, including a subsidiary established for the purpose of operating all or a part of the University of Maryland Medical Center, falls within the jurisdiction of the National Labor Relations Board, and the employees of the subsidiary are subject to the benefits and protections of the National Labor Relations Act.
Prior to the transfer date:
The Board of Public Works shall approve the articles of incorporation of the Medical System Corporation which shall reflect the requirements of this subtitle; and
The Board of Regents and the Board of Directors shall take all actions necessary to create and organize the Medical System Corporation, which shall be organized for charitable, scientific, and educational purposes and shall attain and maintain exemption from federal income taxation but which shall not be a State agency, political subdivision, public body, public corporation, or municipal corporation and is not subject to any provisions of law affecting only governmental or public entities.
On or after the transfer date, the Medical System Corporation shall own, lease, manage, and operate the medical system, including such components or health services as the Board of Directors may determine or agree to undertake from time to time and shall have all powers of a Maryland corporation which are not expressly limited by this subtitle; such powers include the power to convey, lease, mortgage, encumber, and otherwise deal with all its assets including the medical system assets, without limitation or regard to their source, unless a grantor or donor restricts the use of such assets; provided, however, that without in any way limiting the power to mortgage or otherwise encumber such property, any sale or lease of any land or buildings transferred on the transfer date shall be approved by the Board of Regents.
The Board of Directors:
Shall provide for and maintain, consistent with the policies of the State Health Services Cost Review Commission or other relevant authority, comprehensive services for patient populations naturally served by University Hospital, including uncompensated care and outpatient care; and
Shall maintain, create, and develop specialty care services appropriate to an academic medical institution to meet the needs of the State and region.
The Board of Directors shall operate the medical system without discrimination based upon race, creed, sex, or national origin.
The Board of Directors will conduct procurement activities consistent with minority purchasing standards applicable to State government agencies.
The fiscal year of the Medical System Corporation will be the same as the fiscal year of the State unless otherwise approved by the Board of Public Works.
The Board of Directors shall cause annual audited financial statements of the Medical System Corporation to be prepared and filed with the Governor, the Joint Audit and Evaluation Committee, and the Board of Regents as soon as practicable following the close of its fiscal year.
The Board of Directors shall prepare an annual report describing operations of the Medical System Corporation in the immediately preceding fiscal year, which shall be delivered to the Board of Regents, the Governor, and, subject to § 2–1257 of the State Government Article, the General Assembly as soon as practicable following the close of its fiscal year.
The report shall include information about the amount of uncompensated care provided, the number of ambulatory care visits, the number of Medicaid patient visits, the number of patient visits by subdivision during the year, and any other information relevant to the provisions of this section.
The General Assembly may take the annual report into consideration when considering requests by the Medical System Corporation for financial assistance from the State, including appropriations for the operating reserve fund under § 13–309 of this subtitle.
Requests to the General Assembly for grants from the State for the Medical System Corporation may be submitted only with approval of the Board of Regents.
The Board of Directors will coordinate with University fund–raising efforts all Medical System Corporation campaigns and solicitations for private gifts and proposals for private or federal grants.
The Board of Directors shall establish a nonprofit subsidiary for the purpose of operating all or a part of the University of Maryland Medical Center, to the extent approved by the University in the annual contract, that shall:
Have all powers available under the laws governing the formation of the subsidiary; and
Be formed in a manner so that the subsidiary, for the purposes of meeting the jurisdictional requirements of the National Labor Relations Board:
Does not constitute a department or administrative arm of the State or any agency, political subdivision, public body, public corporation, or municipal corporation; and
Is not administered by individuals who are responsible to public officials or to the general electorate.
In addition to establishing a subsidiary under paragraph (1) of this subsection, the Board of Directors may establish nonprofit or for–profit subsidiaries or related entities, to the extent approved by the University in the annual contract.
The Board of Directors shall ensure that the medical system shall continue to make available medical services to residents of various State institutions whose residents prior to the effective date of this legislation were served by the Hospital, including State residential centers for individuals with an intellectual disability, State mental hygiene facilities and facilities run by the State Division of Correction, as long as the administrators of those institutions continue to seek care from the Hospital for their residents in accordance with policies and legislative intent incorporated in the State budget. The Hospital is to be compensated by the institutions or other payors for this care in accordance with policies of the State Health Services Cost Review Commission or other relevant authority.
The Board of Directors shall ensure that the Medical System Corporation continues to be a private, nonprofit, nonstock corporation that is independent from any State agency.
On or before May 31, 2019, the Board of Directors shall adopt a conflict of interest policy for members of the Board that includes:
Standards for the disclosure of financial interests;
Standards for Board member participation in contracts with the Medical System Corporation in accordance with this subtitle, including an attestation that the Board member has complied with the conflict of interest standards adopted by the Board;
Standards for recusal from voting;
A requirement that a Board member may not use the Board member’s position on the Board for personal gain when contracting with the Medical System Corporation; and
A requirement that a Board member provide an attestation of any business relationship with the Medical System Corporation or any affiliate of the Corporation.
The Board of Directors shall send a copy of the conflict of interest policy adopted under paragraph (1) of this subsection to the Governor, the President of the Senate, and the Speaker of the House of Delegates:
After the policy is initially adopted; and
Each time a change is made to the policy.
The government of the Medical System Corporation is vested in the Board of Directors.
Subject to paragraphs (2) and (3) of this subsection, the Board of Directors consists of 6 nonvoting members and not less than 22 and not more than 25 voting members appointed by the Governor with the advice and consent of the Senate.
On or after October 1, 2014, the Medical System Corporation may amend its articles of incorporation to add up to three voting members to the Board of Directors as the Medical System Corporation determines to be necessary and appropriate.
Nominations of additional voting members shall be made by the Board of Directors and submitted to the Board of Regents for comment and to the Governor for consideration.
Any member added to the Board of Directors under subparagraph (i) of this paragraph shall:
Represent an entity that affiliates with the Medical System Corporation on or after October 1, 2014;
Be appointed by the Governor with the advice and consent of the Senate; and
Be designated as an affiliate board member.
Nothing in this paragraph may be construed to require the Medical System Corporation to nominate a representative of an entity that affiliates with the Medical System Corporation on or after October 1, 2014, to be an additional board member.
Notwithstanding the provisions of paragraph (1) of this subsection, for each hospital that affiliates with the medical system on or after June 1, 2019, the Governor may appoint an additional voting member who is a representative from the hospital.
Each member shall be a resident of this State.
A member of the Board may not be a State or local elected official.
Three voting members shall be members of the Board of Regents.
One voting member shall be the Governor’s designee.
Two voting members shall be appointed as follows:
One appointed by the President of the Senate of Maryland; and
One appointed by the Speaker of the House of Delegates.
At least 1 voting member of the Board shall be appointed by the Governor, upon nomination by the membership of the Community Advisory Council, from the membership of the Community Advisory Council.
At least 1 voting member of the Board of Directors shall have expertise in the hospital field.
In appointing the voting members of the Board of Directors, the Governor shall ensure that the composition of the Board fairly represents the minority composition of the State.
The nonvoting members shall be, ex officio, the Chancellor of the University System of Maryland, the President, the Chief Executive Officer, the Dean of the School of Medicine, the President of the medical staff organization of the medical system, and the Associate Director of nursing services for the medical system.
The term of a member is 5 years and begins on the 1st Monday in June of the year of appointment.
The terms of members are staggered as required by the terms provided for members of the Board on the transfer date.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
A member may be reappointed, but may not serve more than 2 consecutive full terms.
For terms subsequent to initial terms, nominations of members will be made by the Board of Directors and submitted to the Board of Regents for comment and to the Governor for consideration.
The Board of Directors may adopt and amend bylaws.
The Board of Directors shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
Eleven voting directors constitute a quorum for transacting business at any meeting, and action by a majority of voting directors present at a meeting shall be the act of the Board unless the bylaws require a greater number.
Each year, the Board of Directors shall elect from among its members:
A Chairman; and
Any other officer it requires.
The Board of Directors shall elect a Chief Executive Officer who shall also be appointed by the Board of Regents as Vice President of the University of Maryland Medical System, and who shall begin service in this joint office after the appointment is approved by both boards. The Chief Executive Officer shall serve at the pleasure of the Board of Directors. In the event of a vacancy of the Chief Executive Officer, nominees will be selected by a process to be determined jointly by the Board of Regents and the Board of Directors.
Each member of the Board:
Serves without compensation; and
Is entitled to reimbursement for expenses as provided by the Board of Directors.
A member of the Board may not intentionally use the prestige of office or public position for that member’s private gain or that of another.
Except as provided in subparagraph (iii) of this paragraph, each member annually shall submit a disclosure of financial interest, including any potential conflicts of interest, to the State Health Services Cost Review Commission.
Except as provided in subsubparagraph 2 of this subparagraph, the State Health Services Cost Review Commission shall make freely available to the public on its website, through an online registration program, the statement submitted under subparagraph (i) of this paragraph.
The State Health Services Cost Review Commission may not provide public access to the portion of the statement that includes an address that the member has identified as the member’s home address.
A newly appointed member shall submit a disclosure of financial interest within 60 days after the member’s appointment to the Board.
If the Governor determines that a member has willfully filed a false statement under paragraph (1)(i) of this subsection, the Governor shall remove the member from the Board.
The Board of Directors and the compliance officer for the Medical System Corporation shall review each statement submitted under paragraph (1) of this subsection for compliance with the Board’s conflict of interest policy.
The State Health Services Cost Review Commission annually shall send a summary of each statement submitted under paragraph (1) of this subsection to the Governor, the President of the Senate, and the Speaker of the House.
The Medical System Corporation may not use sole source procurement to award a contract to an active member of the Board of Directors or a business entity that employs or has an affiliation with an active member.
The Governor shall remove a member from the Board of Directors who has benefited from a sole source procurement.
The Medical System Corporation may not provide a preference for the award of a contract to an active member of the Board of Directors or a business entity that employs or has an affiliation with an active member.
The award of a contract or the making of a payment to a member of the Board of Directors or an associated business of a member shall be subject to the approval of the full Board of Directors.
Before the Medical System Corporation awards a contract or makes a payment to a member of the Board of Directors, the compliance officer shall:
Review the contract or payment and advise the member of the Board of Directors as to whether the contract or payment is appropriate and consistent with the policies of the Medical System Corporation; and
Make a recommendation to the Board of Directors as to whether the contract or payment should be approved or disapproved by the Board.
The Board of Directors shall develop a policy governing contracts with and payments to a member of the Board of Directors or members of the board of directors of hospitals affiliated with the Medical System Corporation by:
The Medical System Corporation; or
The affiliated hospital.
On or before December 1 each year, the Board of Directors shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate, the Speaker of the House, the Joint Audit and Evaluation Committee, the Senate Finance Committee, and the House Health and Government Operations Committee on:
The policy adopted under paragraph (1) of this subsection; and
How the Board of Directors has ensured compliance with the policy by the affiliated hospitals and the members of the board of directors of the affiliated hospitals.
The Chairman of the Board of Directors shall appoint representatives from the community naturally served by the medical system having interest in the services of the medical system to 3–year terms as members of a Community Advisory Council. The Board of Directors shall designate at least one of its members to meet with the Community Advisory Council and advise the Community Advisory Council of matters of potential interest. Recommendations of this Community Advisory Council concerning services offered by the Medical System Corporation and its community relationships shall be considered by the Board of Directors.
The medical system will serve as the primary clinical setting for University students in health care fields to receive educational and research experiences. The clinical faculties of the School of Medicine and Dental School will be the sources for the medical staff of the medical system. The same persons will serve both as Chairmen of the Clinical Science Departments of the School of Medicine and chiefs of the corresponding clinical services of the medical system. The University and the Medical System Corporation will institute appropriate procedures to effect such appointments.
In this subsection, “Medical System Corporation employees” include the employees of a subsidiary established under § 13–303(k) of this subtitle for the purpose of operating all or a part of the University of Maryland Medical Center.
The Medical System Corporation shall utilize both Medical System Corporation employees and medical system University personnel.
Prior to the transfer date, each University employee working in the medical system shall elect to be either a Medical System Corporation employee or a part of medical system University personnel. No University employee may be required to become an employee of the Medical System Corporation as a condition of employment or promotion. All medical system University personnel are University employees in all respects.
With respect to promotion opportunities, the Medical System Corporation shall treat medical system University personnel on the same basis as Medical System Corporation employees.
The Medical System Corporation shall establish an integrated seniority list composed of Medical System Corporation employees and medical system University personnel. Each listed employee’s seniority will be calculated by including all employment with the University or the Medical System Corporation or both.
Sections 5–501 through 5–504 of the General Provisions Article shall not bar an official or employee of the University from becoming a director, official, or employee of the Medical System Corporation or participating in matters involving the Corporation and shall not prevent the Executive Director of the Maryland Institute for Emergency Medical Services Systems from becoming a voting Director of the Medical System Corporation.
Prior to the transfer date and to the 1st day of each fiscal year thereafter, the Board of Regents and the Board of Directors shall each approve an annual contract which shall state all financial obligations, exchanges of services, and any other agreed relationships between the University and the Medical System Corporation for the ensuing fiscal year. The annual contract shall identify all services to be provided and the agreed cost of such services.
The annual contract will be developed by the Chief Executive Officer, the Dean of the School of Medicine, and other University officials as determined by the President. The annual contract will be submitted to the Board of Regents upon the recommendation of the President for consideration, modification, and approval.
The Board of Directors and Board of Regents may establish procedures for the approval of the annual contract.
If the University and the Medical System Corporation do not enter into an annual contract for any fiscal year, the annual contract for the previous year shall remain in force until another annual contract is approved.
On the transfer date the Board of Public Works, the Board of Regents, and any other required State department, agency, or body shall take all legal action necessary to transfer, as a grant without consideration, the medical system assets to the Medical System Corporation.
If it is not appropriate or desirable to transfer title to any medical system assets, such assets shall be leased to the Medical System Corporation or other legal arrangement effected giving control and use to the Medical System Corporation, the consideration to be a payment equal to all costs of the University that become due after the transfer date with respect to purchase, maintenance, or repair of such assets.
If ownership of medical system assets cannot be legally transferred on the transfer date, ownership shall be transferred as soon as practicable after it is legal to do so. In any event, provisions shall be made, by lease or other arrangement, for the Medical System Corporation to have control and use of all medical system assets on and after the transfer date.
The following conditions shall be satisfied before transfer of the medical system assets:
The Medical System Corporation must be established in accordance with this subtitle; and
An annual contract must be in effect.
The approval of such transfer by the Board of Public Works shall constitute a conclusive determination that:
Such transfer is in compliance with this subtitle;
The articles of incorporation of the Medical System Corporation are in proper form; and
All conditions of the transfer have been satisfied.
On the transfer date the Medical System Corporation shall take all legal action necessary to assume the medical system liabilities, but only to the extent expressly provided in this subtitle and the annual contract; the Medical System Corporation shall not be liable for any other debts, obligations, or liabilities of the State or the University incurred or arising in connection with the medical system prior to the transfer date. This assumption of liabilities shall be an assumption of such liabilities as they exist on the transfer date; provided, however, this provision shall be construed and applied to give effect to all provisions of law and defenses applicable to such liabilities prior to the transfer date.
Regardless of any assumption of liability by the Medical System Corporation, the payment of any settlement or judgment against a State officer or employee incurred or arising in connection with the medical system prior to the transfer date shall be determined pursuant to § 12-404 of the State Government Article, and, if the Board of Public Works determines to make a payment to satisfy such settlement or judgment, such payment shall be made only from the State General Emergency Fund or the State Insurance Trust Fund.
Effective on the transfer date, the Medical System Corporation shall assume responsibility for and shall defend, indemnify, and hold harmless the University and the State with respect to:
All liabilities and duties of the University pursuant to contracts and agreements for commodities, services, and supplies utilized by the medical system;
All claims related to the employment relationship after the transfer date between medical system personnel and the University and the State; and
All claims for breach of contract resulting from the Medical System Corporation’s action or failure to act after the transfer date.
The Medical System Corporation will designate legal counsel to represent medical system University personnel determined by the Attorney General to be entitled to legal representation pursuant to § 12-304 of the State Government Article, with respect to acts or omissions in the course of services related to the medical system on or after the transfer date. The Attorney General shall not be responsible for representing such individuals for actions on or after the transfer date. The Medical System Corporation shall be responsible for paying any grants approved by the Board of Public Works, pursuant to § 12-404 of the State Government Article, with respect to such actions on or after the transfer date.
If the Board of Public Works determines, as provided in the State Government Article, that any individual who is a part of medical system University personnel should be reimbursed for the cost of defending a criminal claim relating to actions on or after the transfer date in the course of services related to the medical system, the Medical System Corporation shall fund such reimbursement.
Nothing contained in this subtitle shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the State or to deprive the University or any officer or employee thereof of sovereign immunity.
In order to provide financial independence and stability to the Medical System Corporation, there is an Operating Reserve Fund held by the Treasurer of the State for the Medical System Corporation. The Board of Directors may request funds from the Treasurer from the Operating Reserve Fund and the Treasurer, with the approval of the Board of Public Works, shall transfer the amount requested to the Medical System Corporation but only to the extent that the Operating Reserve Fund has been funded by appropriation in an annual State budget. Advances from the Operating Reserve Fund shall be treated as loans from the State, subordinate to the rights of other creditors of the Medical System Corporation, and the Board of Directors shall cause such advances to be repaid to the Treasurer as soon as the financial condition of the Medical System Corporation reasonably permits. The Treasurer shall hold any repaid advances in the Operating Reserve Fund subject to further advances to the Medical System Corporation. The money in the Operating Reserve Fund may not revert to the general treasury at the end of the State’s fiscal year, and all investment earnings in such Fund shall become a part of such Fund.
Obligations of the Medical System Corporation:
Are payable only from assets of the Medical System Corporation; and
Are not debts or obligations of the University or the State.
The Medical System Corporation and its corporate existence shall continue until terminated in accordance with law; provided, however, that no such law or termination shall take effect so long as the Medical System Corporation shall have bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment thereof.
Upon termination of the existence of the Medical System Corporation, all its rights and properties shall pass to and be vested in the State, but subject in all cases to any mortgages, liens, or other encumbrances or any other rights or interests of creditors of the Medical System Corporation or other third parties.
The articles of incorporation of the Medical System Corporation and the documents of transfer of the medical system assets must state that the Board of Regents and the Board of Public Works may determine that the Medical System Corporation has failed to realize the purposes set forth in this subtitle; in the event of such a determination, the Board of Directors shall be required to undertake appropriate legal proceedings to return all assets of the medical system then held by the Medical System Corporation to the State, but only if adequate provision has been made for the payment of any outstanding bonds, notes, or other obligations of the Medical System Corporation.
This subtitle, being necessary for the health and welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
The provisions of this subtitle are severable, and if any of its provisions are held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
In this subtitle the following words have the meanings indicated.
“Medical System Corporation” means the University of Maryland Medical System Corporation or, at the Medical System Corporation’s option, a subsidiary or affiliate of the Medical System Corporation.
“Montebello” means the Montebello Center.
“Montebello assets” means all assets allocated to Montebello as shown on the financial statements of Montebello at the transfer date and as more particularly or additionally identified or supplemented by the Medical System Corporation and approved by the Board of Public Works and transferred to the Medical System Corporation and includes:
All land, buildings, and other real property at the Montebello site owned by the State, with the exception of the Maryland Rehabilitation Center;
All accounts receivable for patient care services rendered by Montebello regardless of when the patient care services were rendered; and
All personal property at the Montebello site owned by the State except for personal property owned by the Department of Education or the University of Maryland, Baltimore Campus.
“Montebello liabilities” means only liabilities arising from agreements or contracts entered into before the transfer date in the ordinary course of business by the Medical System Corporation on behalf of Montebello under the Medical System Corporation’s management of Montebello and which are allocated to Montebello as shown on the financial statements of Montebello at the transfer date.
“Montebello liabilities” includes liabilities whenever asserted, incurred, or arising in connection with Montebello before the transfer date to the extent they are covered by professional liability or general liability insurance obtained by the Medical System Corporation before the transfer date.
“Montebello liabilities” does not include any liabilities whenever asserted, incurred, or arising in connection with Montebello University employees or their employment by the University System of Maryland prior to the transfer date.
“Montebello site” means the real property owned by the State, a campus located in Baltimore City, on which Montebello and other State-owned facilities are located.
“Montebello University employees” means those employees of the University System of Maryland who work at Montebello and who are paid by the Medical System Corporation.
“Transfer date” means any date determined by the Board of Public Works and filed with the Secretary of State and the Department of Legislative Services.
The Maryland Department of Health shall negotiate with the Medical System Corporation the transfer to the Medical System Corporation of the Montebello assets as a grant without consideration.
If the Board of Directors of the Medical System Corporation and the Board of Public Works, in their discretion, approve the transfer, on the transfer date the Board of Public Works, Maryland Department of Health, and any other required State department, agency, or body shall take all legal action necessary to transfer, as a grant without consideration, the Montebello assets to the Medical System Corporation.
If the Board of Directors of the Medical System Corporation and the Board of Public Works, in their discretion, determine that the ownership of Montebello assets cannot be legally transferred on the transfer date, ownership shall be transferred as soon as practicable after it is legal to do so. In any event, provisions shall be made, by lease or other arrangement, for the Medical System Corporation to have control and use of all Montebello assets on and after the transfer date.
For so long as rehabilitation or chronic care services are provided and payment or reimbursement for uncompensated care covers the cost of providing such services to the historic Montebello service population, the Medical System Corporation may not cease providing such services to that population.
The approval of the transfer by the Board of Public Works shall constitute a conclusive determination that the transfer is in compliance with this subtitle.
The Maryland Department of Health shall issue a special hospital–chronic license and a special rehabilitation hospital license to the Medical System Corporation for Montebello on the transfer date. Each license shall be for the same number of beds as licensed to Montebello immediately before the transfer date, less 102 beds licensed in the special–chronic licensing category which shall remain licensed to the Maryland Department of Health. The licenses issued to the Medical System Corporation shall remain effective until the expiration of the most recent accreditation by the applicable accreditation commission, provided the facility continues to be operated in accordance with the requirements of §§ 19–319(d), (e), (f), and (g) and 19–327 of the Health – General Article. Notwithstanding any other statutory provision or regulation to the contrary, the transfer of assets from Montebello to the Medical System Corporation and the issuance of licenses to the Medical System Corporation shall not require a certificate of need.
The Medical System Corporation shall have all powers of a Maryland corporation not expressly limited by this subtitle to convey, lease, mortgage, encumber, and otherwise control the Montebello assets.
However, and without in any way limiting the power to mortgage or otherwise encumber the property, before the Medical System Corporation may sell any land, buildings, or other real property transferred on the transfer date for any use other than operation as a rehabilitation facility, a chronic care facility, or both, it shall first offer the land, buildings, and other real property to the State as a grant without consideration.
This subsection may not be interpreted as limiting the ability of a lender:
To foreclose or recover on any lien on any Montebello assets; or
To sell or otherwise transfer the Montebello assets subject to the lien.
On the transfer date, the Medical System Corporation shall take all legal action necessary to assume the Montebello liabilities, but only to the extent expressly provided in this subtitle.
The Medical System Corporation is not liable for any other debts, obligations, or liabilities of the State, the Maryland Department of Health, or the University incurred or arising in connection with Montebello prior to the transfer date.
This assumption of liabilities shall be an assumption of the liabilities as they exist on the transfer date.
This subsection shall be construed and applied to give effect to all provisions of law and defenses applicable to the liabilities prior to the transfer date.
On the transfer date, the Medical System Corporation shall assume responsibility for those claims arising from the employment of Montebello University employees which relate to or arise from events occurring after the transfer date.
Nothing contained in this subtitle shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the State or to deprive the State or any officer or employee thereof of sovereign immunity.
This section shall be effective only if the transfer, lease, or other transfer arrangement authorized by this subtitle occurs.
On January 1, 1993, all Montebello University employees shall become employees of the Medical System Corporation.
A Montebello University employee may, at his or her option, become an employee of the Medical System Corporation before January 1, 1993.
On or before January 1, 1993, any Montebello University employee who wishes to transfer to a classified service position of the State shall be treated for purposes of the transfer as if the transfer were in accordance with former Article 64A, § 31 of the Code.
This section may not be construed to confer bumping rights to these employees.
The Medical System Corporation shall permit continuation of State employee organizations to represent former Montebello University employees and to collect dues.
The value of any unused annual leave accrued by the Montebello University employees shall be computed as of the transfer date, and the State shall pay the Medical System Corporation the value of that leave. Upon the request of an employee, the Medical System Corporation shall pay each Montebello University employee the value of such leave, permit each Montebello University employee to take such leave, or permit a combination of pay for such leave and use of such leave. In no event may a Montebello University employee, whether transferring to a University System of Maryland position outside of Montebello, a State position, or a Medical System Corporation position or leaving for a position elsewhere, not receive time off, credit for future time off, or pay for such unused annual leave accrued as of the transfer date and still unused and unpaid as of the date of transfer to another University System of Maryland position or to a State position or as of the date of departure from Montebello. If a Montebello University employee transfers to a University System of Maryland position outside of Montebello or to a State position before being paid for or using annual leave accrued as of the transfer date, the Medical System Corporation shall transfer funds to the University System of Maryland or to the State, as appropriate, equal to unpaid accrued annual leave.
The payment of any settlement or judgment against a State officer or employee incurred or arising in connection with Montebello prior to the transfer date which is not a Montebello liability shall be determined in accordance with § 12-404 of the State Government Article, and, if the Board of Public Works determines to make a payment to satisfy the settlement or judgment, the payment shall be made only from the State General Emergency Fund or the State Insurance Trust Fund.
The Medical System Corporation shall designate legal counsel to represent Montebello University employees determined by the Attorney General to be entitled to legal representation in accordance with § 12-304 of the State Government Article, with respect to acts or omissions in the course of services related to Montebello on or after the transfer date. The Attorney General shall not be responsible for representing the individual for acts or omissions on or after the transfer date. The Medical System Corporation shall be responsible for paying any settlements and judgments approved by the Board of Public Works, in accordance with § 12-404 of the State Government Article, with respect to acts or omissions on or after the transfer date.
If the Board of Public Works determines, as provided in the State Government Article, that any Montebello University employee shall be reimbursed for the cost of defending a criminal claim relating to actions on or after the transfer date in the course of services related to Montebello, the Medical System Corporation shall fund the reimbursement.
This section shall be effective only if the transfer or lease authorized by this subtitle occurs.
This section shall be void if the Medical System Corporation no longer operates Montebello.
The Medical System Corporation shall cause annual audited financial statements for Montebello to be prepared and filed with the Governor and the Joint Audit and Evaluation Committee as soon as practicable following the close of each fiscal year.
The Medical System Corporation shall submit with the annual audited financial statements for Montebello a report on the amount of uncompensated care provided at Montebello for the fiscal year.
In recognition of the provision of uncompensated care by Montebello and to assist with the capital financial needs of Montebello specified as part of the transfer under § 13–402 of this subtitle, the State shall pay the Medical System Corporation:
In fiscal year 1993, $6,129,942;
In fiscal year 1994, $5,500,000;
In fiscal year 1995, $5,000,000;
In fiscal year 1996, $5,000,000;
In fiscal year 1997, $5,000,000; and
In each fiscal year thereafter, an amount jointly agreed upon by the Maryland Department of Health and the Medical System Corporation and calculated to enable the Medical System Corporation to continue to provide uncompensated care by Montebello and to assist with the capital financial needs of Montebello specified as part of the transfer under § 13–402 of this subtitle.
If the Health Services Cost Review Commission sets rates for services rendered at Montebello, then the Governor shall include in the budget bill each year an appropriation to the Medical System Corporation equal to the difference between the pension costs for Montebello University employees and employees of the Medical System Corporation working at Montebello and participating in the State Retirement and Pension Systems and the pension costs permitted by the Health Services Cost Review Commission in the rates for Montebello.
The Health Services Cost Review Commission may not set rates for the services rendered at Montebello until:
State law authorizes the State Medical Assistance Program to reimburse the Medical System Corporation at commission rates for services rendered at Montebello; and
The United States Department of Health and Human Services agrees to accept commission rates as a method of providing federal financial participation in the State Medical Assistance Program.
In this subtitle the following words have the meanings indicated.
“Advisory Council” means the Advisory Council to the State Emergency Medical Services Board.
“Board of Directors” means the Board of Directors of the Medical System Corporation.
“Board of Regents” means the Board of Regents of the University System of Maryland.
“Center” means the R Adams Cowley Shock Trauma Center.
“EMS Board” means the State Emergency Medical Services Board.
“Institute” means the Maryland Institute for Emergency Medical Services Systems.
“Medical System Corporation” means the University of Maryland Medical System Corporation.
“Study Center” means the Charles McC. Mathias, Jr. National Study Center for Trauma and Emergency Medical Systems.
“University” means the University of Maryland, Baltimore Campus.
It is hereby found and determined that:
The State of Maryland has been a national pioneer in the development of emergency medical services;
The Emergency Medical System has served the citizens of Maryland well for the past two decades by reducing morbidity and mortality for thousands of seriously ill patients;
The success of Maryland’s Emergency Medical System is due largely to the hard work and dedication of many individuals, particularly the thousands of career and volunteer firefighters, emergency medical technicians, and rescue squad personnel;
The citizens of Maryland are fortunate to have highly trained career and volunteer firefighters, emergency medical technicians, and rescue squad personnel providing life-sustaining services in the field to ill and injured persons;
The numbers of volunteer firefighters, emergency medical technicians, and rescue squad personnel have been declining but are an essential and integral part of the State’s Emergency Medical System and it is important that their role is preserved;
The Emergency Medical System is a large and complex entity involving numerous public and private interests and requiring close coordination to operate efficiently and in the best interests of all Marylanders;
The R Adams Cowley Shock Trauma Center is the core element of the State’s Emergency Medical System and shall continue to serve as the State’s primary adult trauma clinical resource center;
The Emergency Medical System could be further enhanced by establishing a governing body that is accountable for and vested with the responsibility and authority to ensure the effective and efficient operation of the System; and
The Emergency Medical Services Field Operations of the Institute and the R Adams Cowley Shock Trauma Center shall remain an integral part of the overall Emergency Medical Services System.
There is a Maryland Institute for Emergency Medical Services Systems.
The Institute is an independent agency located at the University of Maryland, Baltimore Campus.
The Institute shall be governed by the State Emergency Medical Services Board.
Funding for the Institute shall be from:
The surcharge imposed under § 13-954 of the Transportation Article;
General funds; and
Funds from any other source.
In accordance with this subtitle, the Institute shall be the State administrative agency responsible for the coordination of all emergency medical services.
The Institute includes the Emergency Medical Services Field Operations.
The Institute shall have the staff and funds as provided in the State budget.
The EMS Board consists of 11 members appointed by the Governor.
Of the 11 members:
One shall be the Secretary of Health or the Secretary’s designee;
One shall be a representative of the University of Maryland, Baltimore Campus, nominated by the Board of Regents;
One shall be the chairperson of the Advisory Council;
One shall be a physician knowledgeable in the delivery of emergency medical services;
One shall be a physician experienced in the clinical care of trauma patients;
One shall be a nurse experienced in the clinical care of emergency patients;
One shall be a career firefighter, emergency medical technician, or rescue squad person knowledgeable in the delivery of emergency medical services;
One shall be a volunteer firefighter, emergency medical technician, or rescue squad person knowledgeable in the delivery of emergency medical services;
One shall be a hospital administrator knowledgeable in the management and delivery of emergency medical services; and
Two shall be from the public at large, one of whom shall reside in a county with a population of less than 175,000.
Each appointed member shall have demonstrated interest or experience in the delivery of emergency medical services.
In appointing members to the EMS Board, the Governor shall take into consideration the five emergency medical service regions of the State to assure a geographic balance in the Board’s membership.
In appointing members to the EMS Board, the Governor shall take into consideration persons:
Recommended by the Advisory Council; or
Recommended by any statewide organization or association which is interested and involved in the delivery of emergency medical services.
The Governor may not appoint to the EMS Board more than two persons in total from:
The same health system;
A health system and medical school that are affiliated; or
Medical schools under the same governing board.
The term of an appointed member is 4 years.
At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Annually, from among the members of the EMS Board:
The Governor shall appoint a chairperson; and
The chairperson shall appoint a vice chairperson.
With the approval of the Governor, the EMS Board shall appoint an Executive Director.
The Executive Director serves at the pleasure of the EMS Board. The Executive Director is entitled to the salary provided in the State budget.
Under the direction of the EMS Board, the Executive Director shall:
Be the administrative head of the EMS Board;
Be the administrative head of the Institute; and
Perform any other duty or function that the EMS Board requires.
Any foundation created by the EMS Board shall be subject to audit by the Office of Legislative Audits.
A majority of the full authorized membership of the EMS Board is a quorum for the transaction of any business.
The EMS Board may adopt any rules or procedures necessary to ensure the orderly conduct of business.
No formal action may be taken by the EMS Board without the approval of a majority of the full authorized membership of the EMS Board.
The EMS Board shall meet at least six times a year, at the times and places that it determines.
Each member of the EMS Board is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.
In addition to the powers set forth elsewhere in this subtitle, the EMS Board may:
Subject to the limitations set forth in § 13-509 of this subtitle, adopt regulations to carry out the provisions of this subtitle;
Create committees from among its members;
Appoint advisory committees, which may include individuals and representatives of interested public or private organizations;
Apply for and accept any funds, property, or services from any person or government agency;
Make agreements with a grantor or payor of funds, property, or services, including an agreement to make any study, plan, demonstration, or project;
Except for confidential medical information, publish and give out any information that relates to the delivery of emergency medical services and is considered desirable in the public interest;
Hold public hearings; and
Set and charge reasonable fees to be paid by the applicants for the designation of trauma and specialty referral centers.
The fees charged under paragraph (1)(viii) of this subsection shall be set in a manner that will produce funds sufficient to cover the actual documented direct costs of maintaining the designation program.
The EMS Board shall pay all fees collected under this subsection into the EMS Trauma and Specialty Referral Centers Designation Fund.
The Fund shall be used exclusively to cover the actual documented direct costs of designating EMS trauma and specialty referral centers.
The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
In addition to the duties set forth elsewhere in this subtitle, the EMS Board shall:
Adopt regulations that relate to its meetings, minutes, and transactions;
Beginning with fiscal year 1996:
Prepare annually a budget proposal that includes the estimated income of the Institute and proposed expenses for its administration and operation; and
Review and approve that portion of the proposed budgets derived from the Maryland Emergency Medical System Operations Fund for the:
Maryland Institute for Emergency Medical Services Systems;
R Adams Cowley Shock Trauma Center;
Maryland Fire and Rescue Institute; and
Aviation Division of the Special Operations Bureau, Department of State Police;
Periodically participate in or do analyses and studies that relate to emergency medical services;
On or before October 1 of each year, submit to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly an annual report on the operations and activities of the EMS Board and the Institute during the preceding fiscal year, including:
A report on the patients referred or transported to designated emergency medical facilities, including areawide trauma centers, the R Adams Cowley Shock Trauma Center, and specialty referral centers, in accordance with the emergency medical protocols adopted by the EMS Board; and
Any fact, suggestion, or policy recommendation that the EMS Board considers necessary; and
Work with the Charles McC. Mathias, Jr. National Study Center for Trauma and Emergency Medical Systems to coordinate a plan for research and other academic activities related to emergency medical services issues.
The provisions of subsection (b)(2) of this section may not be construed to affect the Governor’s powers with respect to a request for an appropriation in the budget bill.
In addition to the duties set forth elsewhere in this subtitle, the EMS Board shall develop and adopt an Emergency Medical System plan to ensure effective coordination and evaluation of emergency medical services delivered in this State.
The Emergency Medical System plan shall include:
Criteria for the designation of trauma and specialty referral facilities, including all echelons of care;
Criteria and guidelines for the delivery of emergency medical services including provisions to assure proper medical direction of emergency medical services;
A plan designed to maintain and enhance the communications and transportation systems for emergency medical services;
Provisions for the evaluation of emergency medical services personnel training programs;
Provisions for the establishment of public information and education programs designed to enhance the public’s understanding of the Emergency Medical System;
Criteria and methodologies to evaluate the System’s effectiveness in delivering quality emergency medical services needed by the citizens of Maryland; and
Provisions for the evaluation and monitoring of the Emergency Medical System plan to ensure compliance with this subtitle by all segments of the Emergency Medical System.
The EMS Board shall adopt regulations to implement the Emergency Medical System plan required under this section, subject to paragraph (3) of this subsection.
Prior to adopting regulations under this section, the EMS Board shall consult with and provide opportunity for comment from local jurisdictions, volunteer and career fire companies, emergency medical technicians, rescue squad personnel, and hospitals and consider:
The fiscal impact of the proposed regulations on local jurisdictions, volunteer and career fire companies, emergency medical technicians, rescue squad personnel, and hospitals; and
The effect of the proposed regulations on the ability of local jurisdictions, volunteer and career fire companies, emergency medical technicians, rescue squad personnel, and hospitals to continue to deliver emergency medical services.
The EMS Board shall consult with the Advisory Council in the development of the Emergency Medical System plan.
The EMS Board may adopt regulations that assure that helicopters transporting patients between hospitals or to or from specialty centers notify the System’s communication center in the State Emergency Medical Communications System.
Each State agency and department shall cooperate with the EMS Board in implementing the State Emergency Medical System plan.
In accordance with the Emergency Medical System plan and other relevant policies adopted by the EMS Board, the Executive Director shall:
Coordinate a statewide system of emergency medical services;
Coordinate the five emergency medical service regions in this State;
Coordinate the planning and operation of emergency medical services with the federal, State, and county governments;
Coordinate the training of all personnel in the Emergency Medical Services System and develop the necessary standards for their certification or licensure;
Coordinate programs of research and education that relate to emergency medical services;
Coordinate the development of centers for treating emergency injuries and illnesses;
Coordinate the development of specialty referral centers for resuscitation, treatment, and rehabilitation of the critically ill and injured;
Coordinate, with Jurisdictional Emergency Medical Services Operating Programs, the minimum equipment, supplies, and medications, including equipment, supplies, and medications needed for early childhood care, including neonatal care, to be available on emergency medical services vehicles;
Work closely with the public and private agencies, health care institutions and universities involved with emergency medical services, the Emergency Medical Services Advisory Council, and the Medical Management Consultant Group;
Administer State and federal funds for emergency medical services in this State;
Work closely with the Maryland Fire and Rescue Institute, which is responsible for basic training for emergency medical technicians;
Assure continued improvement of transportation for emergency, critically ill, and injured patients by supporting the goals of career and volunteer systems throughout this State; and
Implement all programmatic, operational, and administrative components of the Institute.
There is a statewide Emergency Medical Services Advisory Council to advise and assist the EMS Board in performing its functions.
The Advisory Council consists of 31 members. The members shall be appointed by the Board from a list of three qualified nominees submitted to the Board by their respective organizations or associations represented on the Council. The appointments by the Board shall be subject to the approval of the Governor.
Of the 31 members:
One shall be a representative of the Maryland Chapter of the American College of Emergency Physicians;
One shall be a representative of MedChi, The Maryland State Medical Society;
One shall be a representative of the Maryland Hospital Association;
One shall be a representative of the Maryland State Council of the Emergency Nurses Association;
One shall be a representative of the Maryland Fire and Rescue Institute;
One shall be a representative of the Maryland State Firefighters Association;
One shall be a representative of the Aviation Division of the Department of State Police;
One shall be a representative of the Office of Traffic and Safety of the Maryland Department of Transportation;
One shall be a representative from each of the five regional emergency medical services advisory councils;
One shall be a representative of the Maryland Trauma Center Network;
One shall be a representative of a Maryland commercial ambulance service;
One shall be a representative of the Board of Physicians;
One shall be a representative of the Maryland Chapter, American College of Surgeons;
One shall be a regional medical director;
One shall be a representative of the Maryland Chapter (Chesapeake Bay), American Association of Critical Care Nurses;
One shall be a representative of the Professional Fire Fighters of Maryland;
One shall be a representative of the volunteer field providers;
One shall be a representative of the Maryland Metropolitan Fire Chiefs;
One shall be a representative of the Emergency Number Systems Board;
One shall be the Director of the R Adams Cowley Shock Trauma Center;
One shall be the Director of the National Study Center;
Three shall be members of the general public, one of whom shall reside in a county with a population of less than 175,000;
One shall be a representative of the Committee on Pediatric Emergency Medicine of the American Academy of Pediatrics, Maryland Chapter;
One shall be a representative of the Maryland Society of Anesthesiologists; and
One shall be a helicopter pilot.
Each appointed member of the Council shall have demonstrated interest or experience in the delivery of emergency medical services.
The members of the Advisory Council shall annually elect the chairperson of the Advisory Council, with the approval of the Governor. The Governor shall have 60 days to approve the elected chairperson. If the Governor has not acted within 60 days of being notified of the election of the chairperson, the elected chairperson shall be deemed approved.
The Advisory Council shall:
Serve as a principal advisory body to the EMS Board on matters concerning finances, policies, guidelines, regulations, and procedures necessary for the efficient and effective operation of the statewide Emergency Medical Services System and the Institute;
Provide a means by which regional emergency medical services interests can be represented at a statewide level;
Assist in the development of goals for and facilitate the implementation of a comprehensive emergency medical services plan;
Provide assistance in the resolution of interregional and interstate emergency medical services system problems and concerns; and
Perform any other duties as may be requested by the EMS Board or the Governor.
The staff for the Advisory Council will be provided by the Institute.
The power of the Board of Regents over plans, proposals, and projects of units in the University does not include the power to disapprove or modify any decision or determination that the EMS Board makes under authority specifically delegated by law to the EMS Board.
The power of the Board of Regents to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the University does not apply to any staff, function, or funds of the EMS Board.
The Study Center’s primary mission is research, with particular emphasis on establishing national policies related to prevention, treatment, acute care and rehabilitation, trauma and emergency medical care delivery systems, disaster epidemiology and management, injury surveillance, and data collection. It shall serve as the primary research center for the State Emergency Medical Services System.
The Director of the Study Center shall work closely with the MIEMSS Director in the development of a research plan and the budget.
The Director of the Study Center shall submit the budget and research plan to the EMS Board for review and comment.
The Director of the Study Center shall advise and provide the opportunity for the EMS Board to comment prior to the adoption of any proposed change in the budget, mission, research plan, or other policies of the Study Center that would affect the ability of the Study Center to continue to fulfill its mission as the primary research center for the State Emergency Medical Services System.
The Director of the Study Center shall submit to the EMS Board an annual report on the budget and research plan.
Subject to the approval of the Governor, the President of the University of Maryland, Baltimore Campus shall appoint the Director of the Study Center. The Governor shall have 60 days to approve the appointment. If the Governor has not acted within 60 days of being notified of the appointed director, the appointed director shall be deemed approved.
The University of Maryland, Baltimore Campus shall receive indirect cost recoveries as stipulated in grants received by the National Study Center.
The University System of Maryland may not transfer funds for the Study Center to any other program or purpose.
The R Adams Cowley Shock Trauma Center is the primary adult clinical resource center for the State Emergency Medical Services Systems.
The chief administrative officer of the Center is the Director who:
Shall be appointed by the Board of Directors of the Medical System Corporation, subject to the approval of the Governor or the passage of 60 days from the date of the appointment, whichever occurs first; and
May not hold concurrently the position of Executive Director of the Institute.
The Director of the Center shall:
Report through the Medical System Corporation Chief Executive Officer to the Board of Directors;
Provide a monthly report to the Board of Directors and the EMS Board on the overall progress of programs;
Render reports to appropriate committees of the Board of Directors; and
Develop the budget and, after approval of the Medical System Corporation Chief Executive Officer, present the budget to the EMS Board for review and comment and through the appropriate committees of the Board of Directors for approval by the Board of Directors.
The Director of the Center shall:
Advise and provide the opportunity for the EMS Board to comment prior to the adoption of any proposed change in the budget, services, mission, or other policies of the Center that would affect the ability of the Center to continue to fulfill its mission as the statewide primary adult clinical resource for emergency medical services; and
Submit to the EMS Board an annual report on the budget and on the operations of the Center.
In this section the following words have the meanings indicated.
“Ambulance” means any conveyance designed and constructed or modified and equipped to be used, maintained, or operated to transport individuals who are sick, injured, wounded, or otherwise incapacitated.
“Ambulance” includes a conveyance designed and constructed or modified and equipped for aeromedical transport.
“Ambulance service” means any individual, firm, partnership, corporation, association, or organization engaged in the business of transporting by ambulance individuals who are sick, injured, wounded, or otherwise incapacitated.
“Ambulance service” does not include the transporting of individuals in an ambulance owned, operated, or under the jurisdiction of a unit of State government, a political subdivision of the State, or a volunteer fire company or volunteer rescue squad.
“Fund” means the Commercial Ambulance Service Fund.
“License” means a license issued by the Institute to operate an ambulance service in the State.
Unless issued a license under this section, an individual, firm, partnership, corporation, association, or organization may not operate an ambulance service in the State.
The EMS Board, in consultation with representatives of the ambulance service industry in Maryland, shall adopt regulations necessary to establish a periodic licensing system for ambulance services in the State.
The regulations shall, at a minimum, require:
Each ambulance operated by the ambulance service to be equipped with adequate equipment and supplies to:
Care for the patients being transported; and
Communicate with the dispatcher;
At least one individual, in addition to the driver, in attendance during transport who is certified or licensed under § 13–516 of this subtitle for the appropriate level for the care to be rendered; or
Personnel equivalent or superior to the requirements of item 1 of this subparagraph as demonstrated to the Institute including:
Licensed physicians;
Licensed nurses; or
Licensed respiratory therapists; and
Each ambulance operated by the ambulance service be inspected:
For an ambulance intended for use on a roadway, once every 12 months by an inspection station licensed under § 23–103 of the Transportation Article and be issued an inspection certificate by the inspection station; or
For any other type of ambulance, under all applicable State and federal inspection requirements for the type of ambulance.
To qualify for an ambulance service license, an applicant shall:
Pay the Institute an application fee established under this section;
Maintain commercial general liability insurance for at least $1 million in coverage in an insurance policy issued by an insurer acceptable to the Maryland Insurance Commissioner to write such policies in the State;
Provide the Institute a certificate of insurance that at a minimum:
Indicates that the insurance required under this subsection is in effect when the application is submitted; and
Lists the Institute as an additional party entitled to notification at least 10 days before any:
Nonrenewal or cancellation of a policy required by this subsection; or
Substantive change is made in the coverage or level of insurance under a policy required by this subsection; and
Meet the requirements of this section and all regulations under this section.
There is a Commercial Ambulance Service Fund within the Institute.
The Institute shall set reasonable fees for the licensing and license renewal of ambulance services.
The fees charged by the Institute shall be set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of maintaining the licensing program under this section.
The total reasonable cost of maintaining the licensing program may not be more than the revenues generated by the fees for the licensing and license renewal for ambulance services.
The Institute shall pay all funds collected under this section to the Comptroller of the State.
The Comptroller shall distribute the fees to the Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Institute as provided by the provisions of this section.
The Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.
Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this section.
A designee of the Institute shall administer the Fund.
Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this section.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
The Institute may inspect the operating base, equipment, supplies, and company procedures necessary to ensure compliance with the requirements of this section and all regulations adopted by the Institute under this section.
Subject to the hearing provisions of subsection (h) of this section, the Institute may deny an application for an ambulance service license or suspend or revoke a license if the applicant or licensee violates any provision of this section or any regulation adopted by the Institute under this section.
Before the Institute takes any final action under subsection (g) of this section, the Institute shall give the person against whom the action is contemplated an opportunity for a hearing under the provisions of § 10–226 of the State Government Article.
The Institute may waive the requirements of this section for any ambulance service:
Licensed in another state if the ambulance service provides adequate evidence that the ambulance service is licensed in the other state after meeting requirements that are at least as stringent as the licensing requirements of this State; or
That transports patients into this State only on an occasional basis as determined by the Institute.
A person who violates any provision of this section or any regulation adopted by the Institute under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
This section preempts the authority of a county or municipal corporation to regulate any ambulance service with a base of operation located outside the county or municipal corporation that is licensed under this section.
In this section the following words have the meanings indicated.
“Cardiac rescue technician” (CRT) means an individual who has:
Completed a cardiac rescue technician course approved by the EMS Board;
Demonstrated competence in medical protocols within this State as determined by the EMS Board; and
Been examined by the EMS Board and licensed as a CRT by the EMS Board.
“Certificate” means a certificate issued by the EMS Board to provide emergency medical services in the State, except where the context requires otherwise.
“Emergency medical dispatcher” (EMD) means an individual who has:
Completed an emergency medical dispatcher course approved by the EMS Board or its equivalent as determined by the EMS Board;
Demonstrated competence in medical protocols as determined by the EMS Board; and
Been examined by the EMS Board or has been recognized as an emergency medical dispatcher by an emergency medical dispatcher program approved by the EMS Board and licensed as an emergency medical dispatcher by the EMS Board.
“Emergency medical responder” means an individual who has:
Completed an emergency medical responder course approved by the EMS Board, or its equivalent as determined by the EMS Board;
Demonstrated competence in medical protocols as determined by the EMS Board;
Been examined by the EMS Board or by a basic life support education program approved by the EMS Board; and
Been certified as an emergency medical responder by the EMS Board.
“Emergency medical services” means:
Medical services provided prehospital to prevent imminent death or aggravation of illness or injury whether or not transport to a hospital or appropriate facility occurs;
Transport from the scene of a medical emergency to a hospital or appropriate facility whether or not medical services are provided;
Medical interfacility transport services to an appropriate facility; or
Medical interfacility critical care transport to an appropriate facility.
“Emergency medical services provider” means an individual licensed or certified by the EMS Board as:
A cardiac rescue technician;
An emergency medical dispatcher;
An emergency medical responder;
An emergency medical technician; or
A paramedic.
“Emergency medical technician” (EMT) means an individual who has:
Completed an emergency medical technician course approved by the EMS Board;
Demonstrated competence in medical protocols as determined by the EMS Board; and
Been examined by the EMS Board or been examined and registered by the National Registry of Emergency Medical Technicians, Inc. as an emergency medical technician and certified as an EMT by the EMS Board.
“License” means a license issued by the EMS Board to provide emergency medical services in the State, unless the context requires otherwise.
“Medical direction” means the written or oral instruction by a licensed physician to perform specified medical procedures or administer specified medications or intravenous solutions.
“Medical direction” includes the activities of a licensed physician in the State serving as a medical director for an agency providing emergency medical services including quality assurance, planning, and education.
“National registry” means the nonproprietary, nongovernmental agency that provides standardized national testing and registration for emergency medical technicians based on national training standards.
“Paramedic” means an individual who has:
Completed a paramedic course approved by the EMS Board;
Been examined and registered by the National Registry of Emergency Medical Technicians, Inc. as a paramedic;
Demonstrated competence in medical protocols within this State as determined by the EMS Board; and
Been licensed as a paramedic by the EMS Board.
“Provider review panel” means the 13–member panel appointed by the EMS Board in accordance with the provisions of subsection (e) of this section.
“Public safety personnel” means:
Any career or volunteer member of a fire, rescue or EMS department, company, squad or auxiliary;
Any law enforcement officer; or
The State Fire Marshal or a sworn member of the State Fire Marshal’s office.
Except as otherwise provided in this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual may not provide emergency medical services in the State unless issued a license or certificate by the EMS Board under this section.
This section does not apply to:
An individual who:
Has completed an emergency medical services course or its equivalent as determined by the EMS Board;
Is authorized to provide emergency medical services by any state adjoining this State;
Is called on by a public safety agency providing emergency medical services to render emergency medical services in this State or to transport emergency patients from the adjoining state to a health care facility in this State;
Is providing emergency medical services within the scope of the license or certificate issued to the individual by the other state; and
Is not affiliated with an emergency medical service in this State or is not engaged in providing emergency medical services in this State on a regular basis;
An individual who is enrolled in an emergency medical services provider training program that meets the standards set by the EMS Board in the course of that training;
An individual who is not engaged in providing emergency medical services on a regular basis who provides emergency medical services at the scene of a medical emergency in rare instances;
An individual who is a member of a volunteer fire or rescue company and solely engaged in driving the emergency vehicle;
An individual who assists an emergency medical services provider but does not directly provide emergency medical services;
An individual who has American Red Cross first aid training or its equivalent and who provides services within the scope of that training, does not respond to emergency calls, and does not transport patients; or
A law enforcement officer who:
Has successfully completed a course:
In first aid and CPR/AED approved by the American Red Cross, the National Safety Council, or another nationally recognized program;
That meets the requirements of the National Emergency Medical Services Education Standards and Instructional Guidelines for Emergency Medical Responders published by the U.S. Department of Transportation; or
Approved for law enforcement officers by the EMS Board;
Provides services within the scope of that training; and
Is not dispatched as an emergency medical services provider.
This subsection does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under the Health Occupations Article.
A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
In calculating an individual’s years of experience in an occupation or profession, the EMS Board shall give credit to the individual for all relevant experience as an active service member.
The EMS Board shall credit any training and education provided by the uniformed services and completed by an active service member toward any training or education requirements for licensure or certification if the training or education is determined by the EMS Board to be:
Substantially equivalent to the training or education required by the EMS Board; and
Not otherwise contrary to any other licensing requirement.
To apply for a license or certificate, an individual shall:
Submit an application on the form that the EMS Board requires; and
Pay to the EMS Board any application fee set by the EMS Board under subsection (m) of this section.
The EMS Board may not:
Require as a condition for licensure or certification that an applicant:
Provide proof that the applicant is lawfully present in the United States, as allowed under 8 U.S.C. § 1621; or
Have a Social Security number or Individual Taxpayer Identification Number; or
Charge a licensing, certifying, testing, or retesting fee to any individual who is a member or employee of any governmental or volunteer fire, rescue, or emergency medical services company at the date of application.
The EMS Board shall provide for the term and renewal of licenses or certificates issued under this section.
The EMS Board may adopt rules, regulations, protocols, orders, and standards to carry out the provisions of this section.
Any regulations of the EMS Board relating to the practice of medicine shall be adopted jointly with the Board of Physicians.
Any regulations of the EMS Board relating to the practice of nursing shall be adopted in collaboration with the Board of Nursing.
There is a provider review panel to the EMS Board.
The provider review panel shall be appointed by the EMS Board.
The provider review panel consists of 13 members, 11 voting members appointed by the EMS Board and two nonvoting members.
Eight of the appointed members shall be licensed or certified emergency medical service providers who are actively providing emergency medical services at the time of their appointment. Three shall be members of a governmental fire, rescue, or emergency medical services company, three shall be members of a volunteer fire, rescue, or emergency medical services company, one shall be an employee of a commercial ambulance service, and one shall be an emergency medical dispatcher. In appointing the provider representatives of the provider review panel, the EMS Board shall give consideration to providing for reasonable representation from throughout the State.
One of the appointed members shall be a physician appointed by the Board of Physicians.
One of the appointed members shall be a medical director with emergency medical services experience.
One of the appointed members shall be a representative of the Medical and Chirurgical Faculty of the State of Maryland who has emergency medical services experience.
The Executive Director of the Institute and the State EMS Medical Director shall serve as nonvoting ex officio members.
The panel shall elect a chairman from among its members.
The EMS Board shall adopt regulations for the selection, appointment, and terms of the members of the panel, including providing for the staggering of terms.
The provider review panel shall review patient care and other allegations of misconduct against emergency medical services providers and provide recommendations to the EMS Board for further action as necessary.
The provider review panel shall perform any other duty or function that the EMS Board requires.
Subject to the rules, regulations, protocols, orders, and standards of the EMS Board and subject to medical direction, while providing emergency medical services:
A cardiac rescue technician, an emergency medical technician, or a paramedic may:
Perform specified medical procedures as authorized by the EMS Board;
Administer specified medications or intravenous solutions;
Offer an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual who received treatment for a nonfatal drug overdose or was evaluated by a crisis evaluation team; and
Provide emergency medical transport;
An emergency medical dispatcher may:
Perform medical interrogation in order to determine the type and level of response required at the scene of a medical emergency; and
Provide prearrival instructions including instructions in cardiopulmonary resuscitation; and
An emergency medical responder:
May perform specified medical procedures as defined by the EMS Board; and
May not be the primary emergency medical services provider during emergency medical transport.
Participation in emergency medical dispatch programs by jurisdictions is totally voluntary.
Subject to the rules, regulations, protocols, orders, and standards of the EMS Board, a paramedic may administer:
Influenza and hepatitis B immunizations and tuberculosis skin testing, in a nonemergency environment, to public safety or ambulance service personnel within the jurisdiction of the paramedic, if the services are:
Authorized by a written agreement between the provider’s jurisdictional EMS operational program medical director or ambulance service medical director and the county or city health department in whose jurisdiction the services are performed, which shall include provisions for documentation, referral and follow–up, and storage and inventory of medicine;
Under the direction of the jurisdictional EMS operational program medical director or ambulance service medical director; and
Approved by the Institute; and
Influenza and COVID–19 immunizations, if the immunizations are:
Provided under the direction of the EMS operational program medical director, ambulance service medical director, or other qualified physician; and
Authorized by the Institute;
Part of a population health outreach effort conducted by the appropriate local health department or a hospital or health system in the State; and
Provided in accordance with a written agreement between the paramedic’s EMS operational program or ambulance service and the county or city health department in the jurisdiction in which the services are performed or a hospital or health system in the State, which includes provisions for:
The administration of a vaccine to an individual at least 18 years old;
Storage and inventory of medication;
Distribution of appropriate Vaccine Information Statements;
Documentation of patient consent;
Recognition of adverse effects;
Referral and follow–up; and
Appropriate documentation of vaccine administration, including within the ImmuNet system.
Subject to the hearing provisions of subsection (i) of this section and as a result of any conduct of an emergency medical services provider or an applicant for a license or certificate under this section that is prohibited under the provisions of this section or any regulations adopted under this section, the EMS Board may:
Reprimand or place an emergency medical services provider on probation;
Suspend or revoke the license or certificate of an emergency medical services provider;
Deny a license or certificate to an applicant; or
Refuse to renew an applicant’s license or certificate.
On the application of an individual whose license or certificate has been suspended or revoked, the EMS Board may reinstate a suspended or revoked license or certificate.
Unless the EMS Board agrees to accept the surrender of a license or certificate, a holder of a license or certificate may not surrender the license or certificate.
A license or certificate may not lapse by operation of law while the holder of the license or certificate is under investigation or while charges are pending against the holder of the license or certificate.
The EMS Board may set conditions on its agreement with the holder of the license or certificate under investigation or against whom charges are pending to accept surrender of the license or certificate.
The EMS Board may take action under subsection (h) of this section only after:
A review and recommendation by the provider review panel; and
The individual against whom the action is contemplated has had an opportunity for a hearing in accordance with the provisions of Title 10, Subtitle 2 of the State Government Article.
The EMS Board may not proceed with disciplinary cases concerning patient care except upon the affirmative recommendation of the provider review panel.
The individual may be represented at the hearing by counsel.
Any person aggrieved by a decision of the EMS Board may take any further appeal allowed under Title 10, Subtitle 2 of the State Government Article.
The EMS Board shall refer to the Board of Nursing any complaint about an emergency medical services provider who, in addition to being licensed or certified by the EMS Board, is licensed as a registered nurse or licensed practical nurse by the Board of Nursing.
The Board of Nursing may investigate and discipline a registered nurse or licensed practical nurse for a violation of this section and a violation of Title 8 of the Health Occupations Article.
The Board of Nursing shall conduct any hearing required by this section in accordance with § 8–317 of the Health Occupations Article.
The EMS Board shall comply with any recommendation or order issued by the Board of Nursing regarding the issuance of a license or certificate by the EMS Board to an individual who is licensed as a registered nurse or licensed practical nurse.
The EMS Board may, over the signature of the chairman of the EMS Board, Executive Director of the Institute, chairman of the provider review panel, or State EMS Medical Director, issue subpoenas and administer oaths in connection with any investigation under this section and any hearings or proceedings before it.
If, without lawful excuse, a person disobeys a subpoena of the EMS Board or an order by the EMS Board to take an oath or to testify or answer a question, a court of competent jurisdiction may punish the person for contempt.
If, after due notice, the individual against whom an action is contemplated fails or refuses to appear, the EMS Board may hear and determine the matter.
If the entry is necessary to carry out a duty under this section, any duly authorized agent or investigator of the EMS Board may enter at any reasonable hour a place of business of a licensed or certified emergency medical services provider or public premises.
The EMS Board may issue a cease and desist order or obtain injunctive relief if a person provides emergency medical services without a license or certificate.
A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Unless licensed or certified to provide emergency medical services under this section, a person may not represent to the public that the person is authorized to provide emergency medical services in this State.
Unless licensed or certified to provide emergency medical services under this section, a person may not use the terms “cardiac rescue technician”, “CRT”, “emergency medical dispatcher”, “EMD”, “emergency medical responder”, “emergency medical technician”, “paramedic”, or any other words, letters, or symbols with the intent to represent that the person is authorized to provide emergency medical services.
There is an EMS Board Provider Fund.
Except as provided in paragraph (3) of this subsection, the EMS Board may set reasonable fees for the initial issuance of licenses or certificates and its other services.
The EMS Board may not charge an initial licensing fee, an initial certifying fee, a fee for the renewal of a license, a fee for the renewal of a certificate, a testing fee, or a retesting fee to an individual who is a member or employee of any governmental or volunteer fire or rescue company at the time of that individual’s application.
The EMS Board shall pay all fees collected under the provisions of this section to the Comptroller of the State.
The Comptroller of the State shall distribute the fees to the EMS Board Provider Fund.
The EMS Board Provider Fund shall be used exclusively to fund the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the EMS Board as provided by the provisions of this section.
The EMS Board Provider Fund is a continuing, nonlapsing fund and is not subject to § 7–302 of the State Finance and Procurement Article.
Any unspent portion of the EMS Board Provider Fund may not be transferred or revert to the General Fund of the State but shall remain in the EMS Board Provider Fund to be used for the purposes specified in this section.
The EMS Board may delegate any portion of its authority under this section to the Executive Director of the Institute unless specifically precluded by statute.
Notice of any delegation of authority made under this section shall be published in the Maryland Register.
The EMS Board may not delegate its authority to promulgate and revise regulations, hear contested cases, or designate the provider review panel to the Executive Director of the Institute.
The EMS Board may delegate to the Office of Administrative Hearings the authority to hear contested cases and issue recommendations.
In this section the following words have the meanings indicated.
“AED coordinator” means the individual designated by a registered entity to ensure compliance with the requirements of this section.
“Automated external defibrillator (AED)” means a medical heart monitor and defibrillator device that:
Is cleared for market by the U.S. Food and Drug Administration;
Recognizes the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
Determines, without intervention by an operator, whether defibrillation should be performed;
On determining that defibrillation should be performed, automatically charges; and
Requires operator intervention to deliver the electrical impulse; or
Automatically continues with delivery of electrical impulse.
“Certificate” means a certificate issued by the EMS Board to a registered entity.
“Entity” means an organization, a business, an association, an agency, a corporation, a firm, or a partnership in the State.
“Jurisdictional emergency medical services operational program” means the institution, agency, corporation, or other entity that has been approved by the EMS Board to provide oversight of emergency medical services for each of the local government and State and federal emergency medical services programs.
“Law enforcement agency” has the meaning stated in § 2–101 of the Public Safety Article.
“Program” means the Public Access Automated External Defibrillator Program.
“Registered entity” means an entity that meets the requirements of the EMS Board for registering with the Program.
There is a Public Access Automated External Defibrillator Program.
The purpose of the Program is to:
Coordinate an effective statewide public access defibrillation program; and
Implement the initiative to co–locate naloxone with automated external defibrillators placed in public buildings, as required under § 13–518 of this subtitle.
The Program shall be administered by the EMS Board.
The EMS Board may:
Adopt regulations for the administration of the Program;
Issue and renew certificates to entities that meet the requirements of this section;
Deny, suspend, revoke, or refuse to renew the certificate of a registered entity for failure to meet the requirements of this section;
Approve educational and training programs required under this section that:
Are conducted by any private or public entity; and
May include courses from nationally recognized organizations such as the American Heart Association, the American Red Cross, and the National Safety Council; and
Delegate to the Institute any portion of its authority under this section.
Except as provided in paragraph (3) of this subsection, each entity that desires to make automated external defibrillation available shall possess a valid certificate from the EMS Board.
This subsection does not apply to:
A jurisdictional emergency medical services operational program;
A licensed commercial ambulance service;
A health care facility as defined in�§ 19–114 of the Health – General Article; or
A place of business for health care practitioners who are licensed as dentists under Title 4 of the Health Occupations Article or as physicians under Title 14 of the Health Occupations Article and are authorized to use an AED in accordance with that license.
A law enforcement agency may not be required to obtain a certificate for an AED deployed in a patrol vehicle of the law enforcement agency.
Except as provided in paragraph (2) of this subsection, to qualify for and retain a certificate an entity shall:
Have a written plan for the use of an AED that includes a requirement that the entity notify the emergency medical services system through the use of the 911 universal emergency access number as soon as possible on the use of an AED;
Have established AED maintenance, placement, operation, and reporting procedures as required by the EMS Board;
Require the AED coordinator to maintain the functionality of each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the U.S. Food and Drug Administration;
Require the AED coordinator to promote awareness of the location and operation of the AED among potential or foreseeable AED operators in case of emergency; and
If the entity is a public building, meet any requirements established under § 13–518 of this subtitle relating to the co–location of naloxone with each AED maintained by the entity.
For an entity that is a grocery store or restaurant, to qualify for and retain a certificate, the entity shall:
Register the name of the entity with the Program; and
Maintain the functionality of each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the U.S. Food and Drug Administration.
In addition to the requirements established in this section, an entity other than a grocery store or restaurant that is subject to § 21–330.3 of the Health – General Article shall ensure that the AED coordinator has successfully completed an educational training course and any refresher training courses as required by the EMS Board.
A registered entity shall report the use of an AED to the Institute using the form provided by the Institute.
An entity that desires to obtain or renew a certificate shall:
Submit an application on the form that the EMS Board requires; and
Meet the requirements under this section.
The EMS Board shall issue a new or a renewed certificate to an entity that meets the requirements of this section.
Each certificate shall include:
The type of certificate;
The full name and address of the entity;
A unique identification number; and
The dates of issuance and expiration of the certificate.
A certificate is valid for 3 years.
The EMS Board may issue a cease and desist order or obtain injunctive relief if an entity makes automated external defibrillation available in violation of this section.
In addition to any other immunities available under statutory or common law, a registered entity is not civilly liable for any act or omission in the provision of automated external defibrillation if the registered entity:
Has satisfied the requirements for making an AED available under this section; and
Possesses a valid certificate at the time of the act or omission.
In addition to any other immunities available under statutory or common law, an individual is not civilly liable for any act or omission if:
The individual is acting in good faith while rendering automated external defibrillation to a person who is a victim or reasonably believed by the individual to be a victim of a sudden cardiac arrest;
The assistance or aid is provided in a reasonably prudent manner; and
The automated external defibrillation is provided without fee or other compensation.
The immunities in this subsection are not available if the conduct of the registered entity or an individual amounts to gross negligence, willful or wanton misconduct, or intentionally tortious conduct.
This subsection does not affect, and may not be construed as affecting, any immunities from civil or criminal liability or defenses established by any other provision of the Code or by common law to which a registered entity or an individual may be entitled.
A registered entity aggrieved by a decision of the Institute acting under the delegated authority of the EMS Board under this section shall be afforded an opportunity for a hearing before the EMS Board.
A registered entity aggrieved by a decision of the EMS Board under this section shall be afforded an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
In this section the following words have the meanings indicated.
“Automated external defibrillator (AED)” has the meaning stated in § 13–517 of this subtitle.
“Naloxone” means the medication approved by the federal Food and Drug Administration for community use for the reversal of a known or suspected opioid overdose.
“Public building” means:
A public mass transportation accommodation, such as a terminal or station, that is supported by public funds;
An improvement of a public area used for gathering or amusement, including a public park or recreation center; or
A facility that is supported by public funds and primarily used to provide secondary or higher education.
The EMS Board, in collaboration with the Maryland Department of Health, shall develop and implement an initiative under the Public Access Automated External Defibrillator Program to require that naloxone be co–located with each automated external defibrillator placed in a public building.
The initiative developed under paragraph (1) of this subsection shall ensure that up to two doses of naloxone are maintained in a location that:
Is visible and in close physical proximity to the automated external defibrillator; and
Has a label that clearly indicates to the public the availability of naloxone.
The initiative developed under paragraph (1) of this subsection shall be funded using funds from the Opioid Restitution Fund appropriated through the State budget.
The owner or operator of a public building is not civilly liable for any act or omission in the provision and maintenance of naloxone under the initiative developed under subsection (b)(1) of this section if the owner or operator has satisfied any requirements established for providing and maintaining naloxone under the initiative.
An individual who administers naloxone made available under the initiative developed under paragraph (1) of this subsection in response to a known or suspected drug overdose shall have immunity from civil liability as provided in § 5–603 of the Courts Article.
The EMS Board and the Maryland Department of Health jointly shall adopt regulations that:
Establish guidelines for periodic inspections and maintenance of the naloxone placed in public buildings;
Assist the administrators of each public building in carrying out the provisions of this section; and
Establish initial prioritization of the public buildings eligible to receive funding under this section with a goal of co–location of naloxone with each automated external defibrillator located in a public building by October 1, 2027.
There is a University of Maryland Police Force.
A University of Maryland police officer is and has all the powers of a peace and police officer in this State.
However, a University of Maryland police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of the University of Maryland. The police officer may not exercise these powers on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Requested or authorized to do so by the chief executive officer or chief police officer of any county;
Necessary in order to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the University of Maryland; or
Ordered to do so by the Governor.
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Regents shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for University of Maryland police officers, including standards for the performance of their duties.
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
Standards adopted on or after July 1, 1975, on minimum hiring qualifications of University of Maryland police officers may not affect the status of any individual who was a qualified University of Maryland police officer on that date.
The Board of Regents shall adopt rules and regulations governing the operation and conduct of the University of Maryland Police Force and of University of Maryland police officers.
The Board of Regents may authorize the presidents of the constituent institutions to make use of a campus security force or building guards in addition to a campus police force.
In this section the following words have the meanings indicated.
“Institution” means any constituent institution of the University System of Maryland.
“Senior citizen” means any resident of this State who is:
60 years of age or older;
Retired and whose chief income is derived from retirement benefits; and
Not employed full time.
“Tuition” means the basic instructional charge for undergraduate courses and does not pertain to self–supporting programs or include fees, such as those for registration, application, or laboratory work.
Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved:
Only when regularly scheduled course space is available;
For any credit or noncredit course; and
For as many as 3 courses per term.
An institution may not:
Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or
Permit the full–time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full–time equivalent enrollment.
At the termination of each semester, the institution shall furnish to the governing board of the institution a statement of the number of senior citizens participating under the provisions of this section.
This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.
Any currency or item of tangible personal property lost or abandoned on property owned, leased, operated by, or under the control of the University System of Maryland and unclaimed for 1 year becomes the property of the University System of Maryland and the Board of Regents may establish procedures to dispose of the property in the best interests of the State.
After deducting any cost incurred in disposing of the property, any funds derived under this section shall be deposited in the General Fund of the State.
Notwithstanding subsection (a) of this section, any person who finds any currency or item of tangible personal property lost or abandoned on property owned, leased, operated by, or under the control of the University System of Maryland and brings the currency or item to the University System of Maryland in order that the University System of Maryland can find the true owner, has a superior claim as to the University System of Maryland to the unclaimed currency or item, if the claim is preserved within 30 days following the 1–year period in subsection (a) of this section.
In this section, “recyclable materials” means materials that:
If not recycled, would become solid waste for disposal in a refuse disposal system; and
May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
“Recyclable materials” includes paper, glass, metals, plastics, and cardboard.
Recyclable materials that are separated for collection at the University of Maryland, College Park Campus become the property of the University of Maryland, College Park Campus when placed for collection in or near designated bins or locations.
A person may not remove or cause the removal of any recyclable materials that are owned by the University of Maryland, College Park Campus unless authorized by:
The University of Maryland, College Park Campus; or
The owner or operator of a company that is authorized by the University of Maryland, College Park Campus to remove recyclable materials.
This section may not be construed to prohibit a law enforcement officer from searching and seizing any recyclable materials owned by the University of Maryland, College Park Campus.
A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 for each violation.
Notwithstanding §§ 5–505 and 5–506 of the General Provisions Article, an employee of the University of Maryland, Baltimore Campus may solicit gifts or proposals for grants for the benefit of the University of Maryland Medical System Corporation in accordance with § 13–303(j) of this title and the University of Maryland, Baltimore Campus’s policies regarding coordinating fund–raising between the University and the Medical System Corporation.
In this subtitle the following words have the meanings indicated.
“Board” means the Budget and Program Review Board.
“College” means the Virginia-Maryland Regional College of Veterinary Medicine.
There is a Virginia-Maryland Regional College of Veterinary Medicine.
In addition to the provisions of this subtitle the College is subject to the provisions of Title 11 (Maryland Higher Education Commission) of this article.
The College shall be operated under the terms and conditions agreed to in:
The Agreement of Regional Cooperation between the State of Maryland and the Commonwealth of Virginia, dated February 14, 1980; and
The Agreement between Virginia Polytechnic Institute and State University and the University of Maryland, College Park Campus for a regional program in veterinary medical education, dated September 27, 1989.
The College shall be operated as one school with an administrative head at each university.
The student body of the College shall consist of 50 Virginia residents, 30 Maryland residents, and 10 at-large.
There is a Budget and Program Review Board.
The Board is responsible for determining annually the resource needs of the professional instructional program of the College.
The Board shall consist of the following seven members:
The Dean of the Virginia–Maryland Regional College of Veterinary Medicine, who shall serve as Chairman of the Board;
The Dean of the College of Agriculture and Natural Resources of the University of Maryland, College Park Campus;
The Senior Vice President and Provost of the Virginia Polytechnic Institute and State University;
The Vice President and Provost of the University of Maryland, College Park Campus;
The Executive Vice President and Chief Business Officer of the Virginia Polytechnic Institute and State University;
An appointee of the President of the Virginia Polytechnic Institute and State University; and
The Vice Chancellor for Administration and Finance of the University System of Maryland or the Vice Chancellor’s successor.
The Board shall:
Determine the cost share for each state;
Set the proportion of costs to be funded by tuition; and
Periodically review and adjust the building use fees charged to the students of the College.
The appropriate fiscal support staff of each university, which shall include the Vice Chancellor for Administration and Finance of the University System of Maryland, shall provide fiscal support to the Board.
To calculate the actual costs of the professional instructional program of the College, costs associated with graduate education, continuing education, the agricultural experiment stations, cooperative extension services, and expenditures associated with contractual grant research shall be excluded.
The Executive Vice President and Chief Business Officer of the Virginia Polytechnic Institute and State University shall be responsible for providing the Board with the cost data on which the actual costs of the professional instructional program of the College shall be determined after consulting with the fiscal support staff of the Virginia Polytechnic Institute and State University and the University of Maryland, College Park Campus.
To determine the appropriate level of general fund contributions for meeting the actual costs of the professional instructional program of the College to be requested from the executives and legislatures of the State of Maryland and the Commonwealth of Virginia, respectively, revenues estimated to be generated by tuition fees and charges, appropriate federal funds, instructional fees, and other instructional sources of income shall be subtracted from the calculations.
The State of Maryland shall provide the appropriate level of general funds to meet the financial requirements of the professional instructional program of the College.
There is a body corporate and politic known as Morgan State University.
The University is an instrumentality of the State and a public corporation.
The University is an independent unit of State government.
The exercise by the University of the powers conferred by this subtitle is the performance of an essential public function.
Morgan State University:
Has the responsibility, with other educational institutions, for providing higher education research and graduate study in the Baltimore area;
Is designated as the State’s preeminent public urban research university with a mission of instruction, research, and service;
Offers baccalaureate and graduate degrees in the arts and sciences;
Emphasizes an education addressing urban concerns;
Offers the professional and graduate programs approved by its Board of Regents and the Maryland Higher Education Commission;
Shall be dedicated to the development and delivery of comprehensive and high–quality academic programs and services to its university community and the citizens of Maryland, particularly the citizens of the Baltimore region; and
Shall serve a diverse citizenry in an innovative and collaborative manner, all the while exercising its responsibilities with uncompromising integrity through strong, but compassionate, leadership.
In this subtitle the following words have the meanings indicated.
“Board of Regents” means the Board of Regents of Morgan State University.
“University” means Morgan State University.
Morgan State University may not be included in the University System of Maryland.
The government of the University is vested in the Board of Regents.
The Board of Regents consists of 15 members appointed by the Governor with the advice and consent of the Senate.
One member of the Board of Regents shall be a student in good academic standing at the University who:
Is at least 18 years old; and
Has the qualifications required to be student body president.
The student member serves for a term of 1 year and until a successor is appointed and qualifies.
The student may be a resident of a state other than Maryland, but the residency status of the student may not be considered in determining the number of resident or nonresident regents as provided for in subsection (d)(2) of this section.
Except for the student member, each member serves for a term of 5 years and until a successor is appointed and qualifies. The terms are staggered as required by the terms of the members serving on December 31, 2012.
Except as provided in subsubparagraph 2 of this subparagraph, a member may not serve more than two consecutive terms of 5 years.
A member whose term is scheduled to expire on June 30, 2019, may serve up to three consecutive terms of 5 years.
Except for the student member, no more than three members of the Board of Regents who are not alumni of Morgan State University may be residents of other states.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Each member of the Board of Regents:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
Each year the Board of Regents:
Shall elect one of its nonstudent members as its chairman; and
May elect any other officer it requires.
The Board of Regents shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
A majority of the voting members shall constitute a quorum for the transaction of business.
No formal action may be taken by the Board of Regents without the approval of a majority of the voting members of the Board of Regents.
In addition to any other powers granted and duties imposed by this subtitle, and subject to the provisions of Title 11 of this article and any other restrictions imposed by law by specific reference to the University or by any trust agreement involving a pledge of property or money, the Board of Regents:
Is responsible for the management of the University and has all the powers, rights, and privileges that go with that responsibility, including the powers and duties set forth in this section;
May not be superseded in its authority by any other State agency or office in managing the affairs of the University; and
Shall have all the powers of a Maryland corporation which are not limited by law by specific reference to the University.
In addition to the powers set forth elsewhere in this subtitle, the University may:
Adopt and alter an official seal;
Maintain an office at the place the Board of Regents may designate;
Enter into contracts of any kind, and execute all instruments necessary or convenient with respect to its carrying out the powers in this subtitle to accomplish the purposes of the University; and
In accordance with subsection (q)(6) of this section, acquire, hold, lease, use, encumber, transfer, exchange, or dispose of real and personal property.
In addition to the powers set forth in Title 19 of this article and subject to the approval of the Board of Public Works, the University may borrow money from any source for any corporate purpose, including working capital for its operations, reserve funds or interest, and mortgage, pledge, or otherwise encumber the property or funds of the University, and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of credit, or insurers.
The Board of Regents may adopt rules and regulations not inconsistent with law for the government and management of the University.
Subject to Title 3 of the General Provisions Article, the Board of Regents may adopt rules and regulations and prescribe policies and procedures for the management, maintenance, operation, and control of the University.
Except with respect to classified employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) are not applicable to the Board of Regents.
The Board of Regents may review or adopt policies and procedures of the University with respect to:
Accreditation;
Programs and functions;
Actual and potential capabilities;
Admissions;
Curricula;
Graduation;
The awarding of degrees; and
General policymaking.
The Board of Regents may prepare and submit annual budgets and spend funds budgeted for nonsalary items on appropriate activities.
Subject to any applicable State law, rule, or regulation, the Board of Regents may contract with any person to receive or provide services, research, training, or demonstrations.
On the recommendation of the President, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general standards and guidelines governing the appointment, compensation, advancement, tenure, and termination of all faculty, executive staff, and professional administrative personnel in the University.
Subject to such standards and guidelines, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the President may:
Adopt additional personnel policies, including consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed; and
Approve individual personnel actions affecting the terms and conditions of academic and administrative appointments.
Except as otherwise provided by law, appointments of the University are not subject to or controlled by the provisions of the State Personnel and Pensions Article that govern the State Personnel Management System.
Notwithstanding any other provision of law, the Board of Regents may create any position to the extent that the cost of the position, including any fringe benefit costs, is funded from existing funds.
Nothing in this paragraph may be construed to require any additional State General Fund support.
By September 1 of each year, the Board of Regents shall submit an annual position accountability report to the Department of Budget and Management, the Department of Legislative Services, and the Maryland Higher Education Commission reporting the total positions created and the cost and the funding source for any positions created by the University in the previous fiscal year.
On the recommendation of the President, the Board of Regents shall designate one or more representatives to participate as a party in collective bargaining on behalf of the University in accordance with Title 3 of the State Personnel and Pensions Article.
In accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general policies and guidelines governing the appointment, compensation, advancement, tenure, and termination of all classified personnel.
The Board of Regents shall:
Fix tuition and other fees paid by resident and nonresident students;
Except for tuition, use the receipts of the fees for the purpose for which they were collected without fiscal year limitation;
Review and approve before implementation each proposal for:
Any new program; and
Any substantial expansion, curtailment, or discontinuance of any existing program; and
Review, modify as it deems necessary, and approve any operating or capital budget requests.
The Board of Regents shall appoint a President of the University who shall be the Chief Executive Officer of the University and the Chief of Staff for the Board of Regents.
The President serves at the pleasure of the Board of Regents.
The President shall:
Be responsible and accountable to the Board of Regents for the discipline and successful conduct of the University and supervision of each of its departments; and
Take every initiative in:
Implementing the policies of the Board of Regents; and
Promoting the University’s development and efficiency.
Subject to the authority and applicable policies of the Board of Regents, the President shall:
Develop a plan of institutional mission, goals, and priorities;
Have the authority to develop new academic programs and curtail or eliminate existing programs;
Formulate operating and capital budget requests;
Appoint, promote, fix salaries, grant tenure, assign duties, and terminate personnel;
Establish admissions standards;
Set tuition and fees;
Administer financial aid;
Enter into contracts and cooperative agreements;
Have the authority to accept gifts and grants and maintain and manage endowment income;
Have the authority to recommend a change in the name or status of the institution;
Regulate and administer athletic and student activities;
In compliance with State, federal, and Board of Regents mandates and policies, oversee affirmative action and equal employment opportunities;
Establish organizations for the administration of campus alumni affairs;
Establish traffic regulations for the campus; and
Perform any other duties assigned by the Board of Regents.
The President may delegate authority to appoint and remove personnel to the vice presidents and program directors of the University.
The Board of Regents may apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person.
Any gift or grant the Board of Regents accepts shall be deposited with the State Treasurer in a nonbudgeted account and may be invested as the Board of Regents directs in accordance with law.
The Board of Regents may perform any other duty necessary to carry out its powers.
The President shall develop an overall plan that is consistent with the statewide plan for higher education and the Charter that:
Sets forth both long–range and short–range goals, objectives, and priorities for postsecondary education, research, and service provided by the University;
Subject to § 11–105 of this article, identifies the role, function, and mission of the University;
Provides for the enhancement of the University as the State’s preeminent public urban research university;
Encourages and supports high quality undergraduate and graduate programs on its campuses; and
Stimulates outreach to the community and State through close relationships with public elementary and secondary schools, business and industry, and governmental agencies.
The Board of Regents shall review, modify as it deems necessary, and approve the plan.
By July 1 of each year, the Board of Regents shall submit to the Maryland Higher Education Commission, to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual review of the plan.
Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, the University shall use the statewide Financial Management Information System administered by the Department of Budget and Management as its accounting, budgeting, personnel, and payroll systems.
The University may use an internal financial management information system software program and State–approved interfaces for its accounting, budgeting, personnel, and payroll systems.
The Legislative Auditor shall audit all expenditures and accounts of the University in accordance with §§ 2–1220 through 2–1227 of the State Government Article.
The Board of Regents:
Has the power to sue or be sued; and
May carry comprehensive liability insurance to protect the Board of Regents, its agents, and employees.
The determination whether to purchase insurance, and its scope and limitations, shall be within the Board of Regents’ discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer.
Title 12, Subtitle 1 of the State Government Article (“Maryland Tort Claims Act”) applies to claims or actions against the University, the Board of Regents, and employees of the University.
Subject to all exclusions and limitations in that subtitle, the immunity of the University is waived to the extent of any insurance coverage purchased under this subsection.
This subsection may not be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.
This subsection may not be construed to waive or abrogate the immunity of the University under the Eleventh Amendment to the United States Constitution.
Subject to the approval of the Board of Public Works, the Board of Regents may acquire, lease, encumber, sell, or otherwise dispose of real property held by the State for the use of the University.
The Board of Regents may acquire, lease, encumber, sell, or otherwise dispose of personal property.
All property of the University is the property of the State.
Except as provided in subsection (k)(1) of this section, the Board of Regents may delegate any part of its authority over the affairs of the University to the President.
The Board of Regents may modify or rescind at any time in whole or in part any delegation of authority granted by it to the President.
In this section, “high impact economic development activity” means an initiative, transaction, or other undertaking by Morgan State University to create or facilitate:
20 or more new jobs in the State;
The award or completion of at least $1,000,000 in externally funded research or other projects;
The establishment or relocation of one or more new companies to be registered or incorporated in the State and doing business in the State;
The production of at least $1,000,000 of annual gross revenue;
The licensing and potential commercialization of a promising new technology or other product; or
An academic program to meet workforce demand in a documented labor shortage field.
To promote the economic interests of the State as mandated in §§ 10–205(c) and 15–107 of this article, the Morgan State University shall utilize its powers as a public corporation established in § 14–104 of this subtitle to undertake high impact economic development activities that support:
Job creation and workforce development;
Technology transfer, commercialization, and entrepreneurship; and
Increased sponsored research funding and other revenues.
In order for an activity to qualify as a high impact economic development activity:
The President or the President’s designee shall certify that the activity meets the criteria defined in subsection (a) of this section; and
The President or the President’s designee shall notify the Board of Regents and the Board of Public Works of any certified activity for review.
Notwithstanding any other provision of law, for any high impact economic activity within the scope of § 5–310 or § 10–305 of the State Finance and Procurement Article, the Board of Regents shall be fully responsible for administering the review and comment process prescribed in those sections.
In administering the review and comment process prescribed in §§ 5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall include in the process the appropriate legislative committees and units of State government, which may include:
Committees of the General Assembly;
The Board of Public Works;
The Maryland Historical Trust;
The Department of Planning;
The Department of the Environment; and
The Department of Natural Resources.
The Board of Regents shall adopt policies and procedures to ensure that the notice and opportunity for review are conducted in a manner that provides a reasonable period to complete while not impairing the institution’s capacity for the expeditious and successful pursuit of a high impact economic development activity.
On or before October 1 of each year, the Board of Regents shall report to the Board of Public Works and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Economic Matters Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee on the high impact economic development activities undertaken under this section during the preceding fiscal year.
The interest or other income from the investment of any funds of the University shall be credited to the University, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support.
There is a Morgan State University Police Force.
A University police officer has the powers granted to a peace and police officer.
However, a University police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of the University. The police officer may not exercise these powers on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the University; or
Ordered to do so by the Governor.
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Regents shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for the University police officers, including standards for the performance of their duties.
To the extent practicable, the Board of Regents shall adopt standards that are similar to the standards adopted for the Department of State Police.
Standards adopted on or after July 1, 1976, on minimum hiring qualifications of the University police officers may not affect the status of any individual who was a qualified University police officer on that date.
The Board of Regents shall adopt rules and regulations governing the operation and conduct of the Morgan State University Police Force and of University police officers.
In this section the following words have the meanings indicated.
“Institution” means Morgan State University.
“Senior citizen” means any resident of this State who is:
60 years of age or older;
Retired and whose chief income is derived from retirement benefits; and
Not employed full time.
“Tuition” means the basic instructional charge for undergraduate courses and does not pertain to self–supporting programs or include fees, such as those for registration, application, or laboratory work.
Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved:
Only when regularly scheduled course space is available;
For any credit or noncredit course; and
For as many as 3 courses per term.
An institution may not:
Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or
Permit the full–time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full–time equivalent enrollment.
At the termination of each semester, the institution shall furnish to its governing board a statement of the number of senior citizens participating under the provisions of this section.
This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.
The University may establish a distinguished scholar position at the University known as the Clarence W. Blount Chair of Public Policy and Urban Politics.
The purpose of the distinguished scholar position is to teach, conduct research, and perform community service in public policy and urban politics at the University.
The President of the University may:
Select and appoint a distinguished scholar to fill the Clarence W. Blount Chair for a term of not more than 2 years;
Establish an annual salary of $100,000 per year for the distinguished scholar position; and
Establish the employment contract terms and conditions for the distinguished scholar position.
The University may fund the costs associated with the position authorized under subsection (a) of this section with State matching funds provided under the private donation incentive program established in § 17-302 of this article.
In this section the following words have the meanings indicated.
“Computer-based instructional technology” has the meaning stated in § 12-101 of this article.
“Technology” has the meaning stated in § 12-101 of this article.
Except as provided in § 11-203(e) of the State Finance and Procurement Article, the University is exempt from Division II of the State Finance and Procurement Article.
Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Regents shall develop policies and procedures governing procurements by the University.
The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in § 11-201 of the State Finance and Procurement Article.
The Board of Regents shall develop an information technology plan for the University that includes information technology policies and standards, including policies and standards for information management and telecommunication systems, that are functionally compatible with the State Information Technology Plan established under Title 3, Subtitle 4 of the State Finance and Procurement Article.
By January 1, 2007, the Board of Regents shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.
The nonvisual access clause developed under subsection (d) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
Consistent with § 15–107 of this article and any other applicable law, the Board of Regents may establish, invest in, finance, and operate businesses or business entities when the Board of Regents finds that doing so would further one or more goals of the University and is related to the mission of the University.
A business entity established, invested in, financed, or operated in accordance with this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.
A financial obligation or liability of a business entity established, invested in, financed, or operated in accordance with this section may not be a debt or obligation of the State or the University.
Subject to the requirements of this section, the University may establish, invest in, finance, or operate a corporation, foundation, consortium, or other entity that is intended to support a high impact economic development activity, as defined in § 14–104.1 of this subtitle.
Notwithstanding the provisions of §§ 5–501 through 5–504 of the General Provisions Article and subject to § 5–525 of the General Provisions Article, an official or employee of a public institution of higher education may be a director, official, or employee of an entity intended to support a high impact economic development activity, if the individual’s participation advances the interests of the University.
Division II of the State Finance and Procurement Article does not apply to transactions between an entity established, financed, or operated under this subsection and the University that established, financed, or operated the entity.
The Board of Regents shall adopt policies and procedures governing the establishment of high impact economic development entities to ensure that the University’s participation in the entity furthers the interests of the University and the State.
The policies and procedures under subparagraph (i) of this paragraph shall include requirements for:
Recognition of the entity by the Board of Regents;
An annual audit of the entity by an independent certified public accountant; and
Adequate safeguards with regard to conflicts of interest, proper contracting practices, and other fundamental ethical and business practice standards.
The Board of Regents shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, an annual report on:
The business entities established in accordance with this section;
Funds invested in, and financing provided to, business entities established in accordance with this section;
Ownership interests in any business entities established in accordance with this section; and
The current status of the business entities.
The Center for Equitable Artificial Intelligence and Machine Learning Systems at the University shall serve as a statewide resource and coordinating hub to support State agencies on the productive, secure, and ethical use of artificial intelligence in the State.
On or before December 1 each year, the Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article may request that the Center for Equitable Artificial Intelligence and Machine Learning Systems complete a research request that the Center shall coordinate and lead, collaborating with others as needed.
The Center for Equitable Artificial Intelligence and Machine Learning Systems shall:
Coordinate and lead the research;
Collaborate with other entities as needed;
Summarize the research conducted; and
Summarize any conclusions or recommendations resulting from the research.
On or before December 1 of the year following the research request, the Center for Equitable Artificial Intelligence and Machine Learning Systems shall submit a report that contains the information listed under paragraph (2) of this subsection to:
The Governor’s Artificial Intelligence Subcabinet established under § 3.5–806 of the State Finance and Procurement Article; and
In accordance with § 2–1257 of the State Government Article, the Joint Committee on Cybersecurity, Information Technology, and Biotechnology established under § 2–10A–13 of the State Government Article.
In this subtitle the following words have the meanings indicated.
“President” means the President of Morgan State University.
“University” means Morgan State University.
This subtitle does not apply to a member of the faculty, an executive staff member, or a professional administrative staff member of the University.
The President may delegate to the Office of Administrative Hearings the authority to conduct a hearing and issue a proposed decision for approval by the Secretary of Budget and Management in any of the following:
An appeal under § 14-204(b) of this subtitle from a rejection of a classified employee during probation that results from a promotion;
An appeal under § 14-205 of this subtitle from charges for removal of a classified employee;
A preliminary hearing under § 14-206 of this subtitle on the suspension of a classified employee pending removal;
An appeal under § 14-207 of this subtitle from the disciplinary suspension of a classified employee; and
An appeal under § 14-208 of this subtitle from the proposed demotion of a classified employee.
Except as provided in § 14-205 of this subtitle, a vice president or program director may reject a classified employee at any time during probation by notifying the President in writing of the rejection and the reason for it.
When rejected, the classified employee is permanently separated from the position.
If a classified employee is on probation as a result of a promotion, the employee:
May be rejected only with the consent of the President; and
May appeal the rejection in accordance with policies adopted by the Board of Regents.
A vice president or program director may remove a classified employee who has completed probation only for cause.
Subject to paragraph (2) of this subsection, the Board of Regents shall prescribe what may constitute cause for removal after probation of classified employees.
The causes for removal shall conform to the causes for removal of skilled service or professional service employees, with the exception of special appointments, that the Secretary of Budget and Management adopts by regulation.
A classified employee may not be removed for any cause prohibited by § 2-302 of the State Personnel and Pensions Article.
A vice president or program director may remove a classified employee for cause only if:
Written charges for removal are submitted to the President:
By the vice president or program director; or
Subject to the approval of the President, by any resident of the State;
The employee is given a copy of the charges; and
The employee is given an opportunity to be heard on appeal.
A classified employee may appeal the charges for removal to the President within the time and in the manner specified in policies adopted by the Board of Regents.
If the classified employee fails to appeal within the time and in the manner required, the removal is final.
If a classified employee appeals the charges for removal, the President shall hold a hearing to determine whether there is cause for removal.
The hearing shall be held within 90 days after the charges for removal are submitted to the President.
The President shall make findings and issue a proposed written decision for approval by the Secretary of Budget and Management on a charge for removal within 45 days after the later of:
The conclusion of the hearing; or
The day when all briefs or memoranda have been submitted.
The Secretary of Budget and Management shall provide a copy of the findings and decision to each party.
The decision of the Secretary of Budget and Management is final.
The University immediately shall enforce a final decision issued under this section.
A vice president or program director may suspend a classified employee without pay pending disposition of a charge for removal.
The vice president or program director shall notify the classified employee in writing of the suspension and the reasons for it.
Within 5 workdays after receiving a notice of suspension under this section, a classified employee may request in writing that the President conduct a preliminary hearing to determine whether the employee may continue to work with pay pending disposition of the charge.
The President shall hold the preliminary hearing within 5 workdays after the President receives the request.
A preliminary hearing under this subtitle is in addition to the hearing on the merits required by § 14-205 of this subtitle.
The preliminary hearing is limited to the following issues:
Whether suspension without pay is necessary to protect the interests of the University or of the classified employee pending final disposition of the charge; and
Whether other employment and status alternatives for the classified employee should be considered.
At the preliminary hearing, the classified employee may:
Rebut the reasons given for the suspension;
Assert mitigating circumstances; and
Offer alternatives to the suspension, including:
A return to the employee’s position with pay;
A transfer to another position with pay; or
A suspension with pay.
Within 5 workdays after the preliminary hearing, the President shall issue a proposed decision in writing for approval by the Secretary of Budget and Management.
The decision is conclusive only as to the issue of the suspension.
This section does not apply to a suspension pending the disposition of a charge for removal of a classified employee.
A vice president or program director may suspend a classified employee for disciplinary purposes.
The vice president or program director shall notify the classified employee in writing of the suspension and the reasons for it.
A suspension for disciplinary purposes under this section shall be without pay.
A suspension for disciplinary purposes:
Shall be served on consecutive days; and
Shall begin within 2 days from the close of the classified employee’s next shift after:
The alleged infraction occurred; or
The vice president or program director learned of the alleged infraction.
The time limits in paragraph (1) of this subsection do not apply to a classified employee whose duties include mandatory appearances before a court, regulatory unit, or administrative body, if the limits:
Would conflict with a scheduled appearance of the employee before a court, regulatory unit, or administrative body; and
Would thereby hamper the effective administration of the University’s business.
The vice president or program director may authorize a designee to receive appeals under this subsection.
A suspended classified employee or a representative of the employee may submit a written appeal of a disciplinary suspension:
Within 3 workdays after receipt of a notice of suspension, to the vice president or program director; or
Within 5 workdays after receipt of a notice of suspension, to the President, in accordance with procedures established in policies adopted by the Board of Regents.
The vice president or program director may authorize a designee to hear appeals under this subsection.
If an appeal is made to the vice president or program director, the vice president or program director shall:
Hold a hearing within 3 workdays after receiving the appeal; and
Issue a written decision within the time established in policies adopted by the Board of Regents.
If, as a result of management delay, the appeal is not heard and decided within the times required by this subsection, the vice president or program director shall reinstate the suspended classified employee with full back pay.
If a classified employee appeals under this subsection, the employee may not further appeal the suspension except in accordance with step three of the grievance procedures under § 14-306 of this title.
If an appeal is made to the President, the President shall issue a proposed written decision for approval by the Secretary of Budget and Management within 45 days after the later of:
The conclusion of the hearing; and
The day when all briefs or memoranda have been submitted.
If the Secretary of Budget and Management disapproves the suspension, the Secretary of Budget and Management may grant back pay to the classified employee.
If a classified employee is transferred involuntarily to a different class that has a lower maximum rate of pay, the transfer is a demotion.
A transfer that is a demotion under this section may be made only for cause, on written charges submitted to the President.
The classified employee may appeal the proposed demotion to the President within the time and in the manner required by policies adopted by the Board of Regents.
If the classified employee fails to appeal within the time and in the manner required, the demotion is final.
If the classified employee appeals the demotion, the President shall hold a hearing to determine whether there is cause for the demotion.
The hearing shall be held within 90 days after the written charges for the demotion are submitted to the President.
The President shall make findings and issue a proposed written decision on an appeal for approval by the Secretary of Budget and Management within 45 days after the later of:
The conclusion of the hearing; and
The day when all briefs or memoranda have been submitted.
The Secretary of Budget and Management shall provide a copy of the findings and decision to each party.
The decision of the Secretary of Budget and Management is final.
The University authority immediately shall enforce a final decision issued under this section.
Except as otherwise specifically provided by State law, the University, its officers, and its units may not raise the defense of sovereign immunity in any administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:
This subtitle or a procedure adopted under it;
Subtitle 3 of this title; or
A personnel policy or procedure that governs classified employees of the University.
In this subsection, “award” means a final monetary or benefit award or judgment in an administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:
This subtitle or a procedure adopted under it;
Subtitle 3 of this title; or
A personnel policy or procedure that governs classified employees of the University.
If this State has sufficient money available at the time, an award made against the University or an officer or unit of the University shall be paid as soon as practicable within 20 days after the award is final.
If sufficient money is not available at the time to satisfy an award made against the University or an officer or unit of the University, the affected unit or officer shall report the outstanding award to the State Comptroller.
The Comptroller shall:
Keep an accounting of all outstanding awards; and
Report that accounting annually to the Governor.
The Governor shall include in the State budget sufficient money to pay all awards made against the University or an officer or unit of the University.
On appropriation of money by the General Assembly, the Comptroller shall authorize payment of all outstanding awards in the order of the date on which each award was made.
For purposes of this subtitle, “grievance” means a dispute between an employee and the employee’s employer about the interpretation of and application to the employee of:
A personnel policy or procedure adopted by the University; or
Any other policy or procedure over which the University management has control.
This subtitle does not apply to:
A student employee;
An employee, including a member of a faculty, who is subject to a contract or regulations governing teacher tenure; or
A member of the faculty, an executive staff member, or a professional administrative staff member of the University.
Unless a different procedure is provided for by law, an employee with a grievance may present that grievance in accordance with this subtitle, free from coercion, discrimination, interference, reprisal, or restraint.
The Secretary of Budget and Management shall provide forms for initiating and processing grievances.
The three steps in the grievance proceeding are:
The initiation of a grievance proceeding;
An appeal to the President; and
An appeal to the Secretary of Budget and Management.
The parties may agree to bypass any step of the grievance proceeding.
Each party to a grievance shall make every effort to resolve the grievance at the lowest level possible.
If a grievant fails to appeal a decision in accordance with this title to the next step in the grievance proceeding, the grievant is considered to have accepted the decision.
If a grievance is not decided at any step in the grievance proceeding, the grievance is considered as denied and the grievant may appeal to the next step.
A grievant may be represented at any time by any person that the grievant chooses.
The President, a program director, or a vice president may be represented at any time by an individual designated for that purpose.
The President and each program director and vice president shall submit to the Secretary of Budget and Management a list of individuals designated to represent the President, program director, or vice president at each stage of the grievance proceeding.
After a finding that wages were withheld in violation of §§ 2–402 and 2–407 of the State Personnel and Pensions Article, the decision maker in a grievance procedure shall award the payment of damages in accordance with § 2–407 of the State Personnel and Pensions Article.
Before initiating a grievance proceeding, a classified employee shall present the matter orally to the employee’s supervisor for informal discussion.
A grievance proceeding must be initiated by a classified employee within 30 days after:
The occurrence of the alleged act that is the basis for the grievance; or
The employee first knew or reasonably should have known of the alleged act that is the basis for the grievance.
Within the time specified in § 14-303 of this subtitle, the grievant may initiate a grievance proceeding by filing a written grievance with the vice president or program director.
Within 10 days after the grievance is received, the vice president or program director shall hold a conference with the grievant.
The vice president or program director shall issue a written decision to the grievant within 15 days after the conference.
Within 10 days after receiving a decision under § 14-304 of this subtitle, a grievant or a grievant’s representative may appeal in writing to the President or the President’s designee.
Within 10 days after the appeal is received, the President or the President’s designee shall hold a conference with the grievant.
The President or the President’s designee shall issue a written decision to the grievant within 15 days after the conference.
Within 15 days after receiving a decision under § 14-305 of this subtitle, a grievant or a grievant’s representative may appeal in writing to the Secretary of Budget and Management.
The appeal shall designate whether the grievant elects the appeal to be heard by the Secretary of Budget and Management or submitted to arbitration.
In a reclassification grievance proceeding, the Secretary of Budget and Management shall order an audit of the position if it has not been audited within the last year.
If the grievant elects to have a hearing, the Secretary of Budget and Management shall conduct the hearing.
The Secretary of Budget and Management shall issue a decision in writing within 45 days after the later of:
The conclusion of the hearing; or
The day when all briefs or memoranda have been submitted.
If the grievant elects arbitration, the parties shall mutually select an arbitrator.
If the parties are unable to agree on an arbitrator, an arbitrator shall be selected through the American Arbitration Association in accordance with its procedures.
The arbitrator shall assess all fees that result from the arbitration equally between the parties.
The arbitrator shall issue an advisory decision to the Secretary of Budget and Management, and additional appeals or hearings may not be considered or held.
Within 15 days after the decision of the arbitrator is received, the Secretary of Budget and Management shall issue a decision in writing.
A decision of the Secretary of Budget and Management is final and binding on all parties.
If an initial determination is rescinded by the Secretary of Budget and Management, further action may not be taken against the grievant with respect to any charge that was considered at the hearing.
The Secretary of Budget and Management may order the University to grant back pay to a classified employee in any grievance proceeding.
In a reclassification grievance proceeding in which the Secretary of Budget and Management determines that the grievant is working outside of classification or in a position that is improperly classified, the Secretary of Budget and Management, in the Secretary’s discretion, may order back pay for a period not exceeding 1 year before the grievance proceeding was initiated.
The University shall carry out a back pay order issued under this section.
On conclusion of each step of a grievance proceeding, a copy of the grievance and its disposition shall be given to the grievant or grievant’s representative or both.
Similar grievances may be consolidated and processed in a single proceeding.
The parties may agree to waive any time limitation specified in this title.
On the informal presentation of a grievance or the initiation of a grievance proceeding, an employee designated as a grievant’s representative may not lose pay for investigating, processing, or testifying at any stage of the grievance proceeding.
An employee shall be granted release time from the employee’s normal work schedule to attend a grievance conference or hearing as a witness.
Expenses incurred in connection with attendance by an employee at grievance conferences or hearings, whether as a grievant, as a grievant’s representative, or as a witness, shall be borne by that employee’s unit.
A decision may not be made at any step of the grievance procedure that conflicts with or modifies a policy approved by the Board of Regents of the University or with any applicable statute or with any administrative regulation issued under appropriate statutory authority or that otherwise delimits the lawfully delegated authority of University officials unless prior approval has been obtained from the responsible official.
There is a St. Mary’s College of Maryland, a public honors college, located in St. Mary’s County.
The government of St. Mary’s College of Maryland is vested in the Board of Trustees of St. Mary’s College of Maryland.
The Board of Trustees consists of 26 members.
Of the 26 members:
23 members shall be appointed by the Governor upon the recommendation of the Board of Trustees, with the advice and consent of the Senate;
1 member shall be the Chairman of the Historic St. Mary’s City Commission, or the Chairman’s designee;
1 member shall be the President of the St. Mary’s Alumni Association; and
1 member shall be a student in good academic standing at the College.
Except for the Chairman of the Historic St. Mary’s City Commission, the President of the St. Mary’s College Alumni Association, and the student member, each member serves for a term of 6 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.
The Chairman of the Historic St. Mary’s City Commission serves on the Board of Trustees of St. Mary’s College of Maryland for as long as that individual serves as Chairman of the Commission.
The President of the St. Mary’s College Alumni Association serves on the Board of Trustees of St. Mary’s College of Maryland for as long as that individual serves as President of the Association.
The student member serves for a term of 1 year and until a successor is appointed and qualifies.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
A majority of the voting members shall constitute a quorum for the transaction of business.
No formal action may be taken by the Board without the approval of a majority of the voting members of the Board.
Each member of the Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
Each year the Board shall elect from among its members:
A chairman; and
Any other officer it requires.
The Board shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
In addition to any other powers granted and duties imposed by this title, and subject to the provisions of Title 11 of this article and any other restrictions imposed by law by specific reference to St. Mary’s College of Maryland or by any trust agreement involving a pledge of property or money, the Board of Trustees is responsible for the governance and management of the College, and has all the powers, rights, and privileges that go with that responsibility, including the powers and duties set forth in this section.
The Board of Trustees:
Has the care, control, and management of the College and all of its property and assets;
May not be superseded in its authority by any State agency or office in managing the affairs of the College except as provided for in this article or any other provision of law by specific reference to the College; and
May appoint a President of the College who shall be the Chief Executive Officer of the College and the Chief of Staff for the Board.
Subject to Title 3 of the General Provisions Article, the Board may make rules and regulations, and prescribe policies and procedures, for the management, maintenance, operation, and control of the College.
Except with respect to classified employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article “Administrative Procedure Act” are not applicable to the Board of Trustees.
The Board of Trustees may:
Apply for, accept, and spend any gift or grant from the federal government, any State agency or office, any foundation, or any other person; and
Maintain and manage endowment funds.
The President shall develop an overall plan that is consistent with the statewide plan for higher education and the Charter that:
Sets forth both long-range and short-range goals, objectives, and priorities for, and service provided by St. Mary’s College of Maryland and methods and guidelines for achieving and maintaining them;
Subject to § 11-105 of this article, identifies the role, function, and mission of St. Mary’s College of Maryland;
Enhances its role as a traditional liberal arts college;
Affirms the need for increased access for economically disadvantaged and minority students;
Ensures that access to the College by State residents is not diminished because of increases in tuition and other fees occasioned by the College’s designation as a public honors college;
Encourages and supports high quality undergraduate programs; and
Stimulates outreach to the community and the State through close relationships with public elementary and secondary schools, business and industry, and governmental agencies.
The Board of Trustees shall review, modify, and approve the plan.
By July 1 of each year, the Board of Trustees shall submit to the Maryland Higher Education Commission, to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly an annual review of the plan.
The student member may not participate in establishing or administering faculty or administrative personnel policy at St. Mary’s College of Maryland.
The Board of Trustees may grant full faculty status, with all the rights and privileges pertaining to that status, to the Executive Director of the Historic St. Mary’s City Commission.
The Board:
Has the power to sue or be sued; and
May carry comprehensive liability insurance to protect the Board, its agents, and employees.
The determination whether to purchase insurance, and its scope and limitations, shall be within the Board’s discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer.
Title 12, Subtitle 1 of the State Government Article “Maryland Tort Claims Act” applies to claims or actions against the College, its Board, and its employees.
Subject to all exclusions and limitations in that subtitle, the immunity of the College is waived to the extent of any insurance coverage purchased under this subsection.
Nothing in this subsection shall be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.
Nothing in this subsection shall be construed to waive or abrogate the immunity of the College under the Eleventh Amendment to the United States Constitution.
The Board of Trustees shall prepare and implement both a capital and operating budget for the management of the College.
In order to ensure a stable and predictable level of funding, the Governor shall include in the annual budget submission a General Fund grant to St. Mary’s College of Maryland.
For fiscal year 1993, the grant shall be as provided for in the State fiscal year 1993 appropriation.
For fiscal year 1994 and each year thereafter, the proposed grant shall be equal to the grant of the prior year augmented by funds required to offset inflation as indicated by the implicit price deflator for State and local government.
Beginning in fiscal year 2019, if the College’s 6–year graduation rate as reported by the Maryland Higher Education Commission is 82% or greater in the second preceding fiscal year, the proposed grant for the upcoming fiscal year shall be increased by 0.25%.
Beginning in fiscal year 2019, in addition to the grant provided under paragraph (2) of this subsection, the College shall receive the amounts specified under this paragraph.
For each fiscal year, the State shall provide to the College funds to pay for the increase in State–supported health insurance costs of the College.
For each fiscal year in which the State provides a cost–of–living adjustment for State employees, the State shall provide to the College 100% of the cost–of–living adjustment wage increase for State–supported employees of the College.
For each fiscal year in which the State provides funds to other public senior higher education institutions to moderate undergraduate resident tuition increases, it is the intent of the General Assembly that the State shall provide to the College funds for the same purpose.
Funding provided under paragraph (3) of this subsection:
May not be included in the calculation of the proposed grant under paragraph (2) of this subsection for any following fiscal year; and
Shall be provided in the same amount in each following fiscal year.
The State shall pay the General Fund grants under this subsection to the College on a quarterly basis.
Nothing in this subsection may be construed to restrict the budgetary power of the General Assembly.
Except as provided in paragraph (3) of this subsection, the College shall support all operating costs, including personnel and retirement costs, from its General Fund grant and the other revenue sources of the College.
Subject to the approval of the Board of Public Works, the Board may acquire, lease, encumber, sell, or otherwise dispose of real property held by the State for the use of St. Mary’s College of Maryland.
The Board may acquire, lease, encumber, sell, or otherwise dispose of personal property.
The title to any land acquired by St. Mary’s College of Maryland shall be held by the State of Maryland for the use of St. Mary’s College of Maryland.
The Board may borrow money for the purposes and on the terms that the Board determines.
The Board may secure a loan with property acquired by the Board or with revenues derived from the property.
A loan under this section does not:
Create or constitute a debt or obligation of the State or any unit of the State other than the College; or
Create or constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
The income of the College shall be deposited in the State Treasury or as the State Treasurer directs.
The State Treasurer shall invest the funds and credit to the College any interest or other income from the investment of the funds.
The College may spend or encumber, within the fiscal year they are received, revenues received in excess of those estimated for any fiscal year.
Any unexpended or unencumbered balances of the College’s revenues shall not revert to the General Fund of the State at the end of each fiscal year.
Except as provided in § 11–203(e) of the State Finance and Procurement Article, the College is exempt from Division II of the State Finance and Procurement Article.
Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Trustees shall develop policies and procedures governing procurements by the College.
The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in § 11–201 of the State Finance and Procurement Article.
In this section the following words have the meanings indicated.
“Institution” means St. Mary’s College of Maryland.
“Senior citizen” means any resident of this State who is:
60 years of age or older;
Retired and whose chief income is derived from retirement benefits; and
Not employed full time.
“Tuition” means the basic instructional charge and does not pertain to self–supporting programs or include fees, such as those for registration, application, or laboratory work.
Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved:
Only when regularly scheduled course space is available;
For any credit or noncredit course; and
For as many as 3 courses per term.
An institution may not:
Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or
Permit the full–time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full–time equivalent enrollment.
At the termination of each semester, the institution shall furnish to its governing board a statement of the number of senior citizens participating under the provisions of this section.
This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.
Each year, as required by the Secretary, St. Mary’s College of Maryland shall report to the Maryland Higher Education Commission on all assessment and accountability guidelines set by the Maryland Higher Education Commission.
In addition to the duties set forth elsewhere in this subtitle, St. Mary’s College of Maryland shall:
Keep records that are consistent with sound business practices and accounting records using generally accepted accounting principles;
Cause an audit by an independent certified public accountant to be made of the accounts and transactions of the College at the conclusion of each fiscal year; and
Be subject to audit and examination at any reasonable time of the accounts, investments, and transactions of the College by the Office of Legislative Audits of the Department of Legislative Services.
On the recommendation of the President, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Trustees of St. Mary’s College of Maryland shall establish a personnel system.
The personnel system established under subparagraph (i) of this paragraph shall include provisions for consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed.
To carry out the requirements of this section, the Board:
May establish and abolish positions;
May determine employee qualifications;
May establish terms of employment, including compensation, benefits, holiday schedules, and leave policies;
May determine any other matters concerning employees; and
Shall designate one or more representatives to participate as a party in collective bargaining on behalf of the College in accordance with Title 3 of the State Personnel and Pensions Article.
The personnel system shall provide fair and equitable procedures for:
The redress of employee grievances; and
The hiring, promotion, and termination of employees in accordance with law.
The employee grievance procedures shall include redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.
Except as provided in paragraph (2) of this subsection, an employee of the College qualifies for and shall participate in the Employees’ Pension System of the State of Maryland or the Teachers’ Pension System of the State of Maryland.
An employee in a position determined by the Board to be a professional or faculty position may join the optional retirement program under Title 30 of the State Personnel and Pensions Article.
In this section the following words have the meanings indicated.
“Computer-based instructional technology” has the meaning stated in § 12-101 of this article.
“Technology” has the meaning stated in § 12-101 of this article.
By January 1, 2007, the Board of Trustees shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.
The nonvisual access clause developed under subsection (b) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
In this section the following words have the meanings indicated.
“Academic year” means the period commencing with the fall semester and continuing through the immediately following summer session at St. Mary’s College of Maryland.
“Fund” means the Higher Education Investment Fund established in § 15–106.6 of this article.
“Tuition” means the charges approved by the Board of Trustees of St. Mary’s College of Maryland that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses.
“Tuition” does not include:
Fees that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses;
Fees dedicated to support auxiliary enterprises and other self–funded activities of the institution; or
A fee required only for enrollment in a specific degree program, field of study, or course when that fee is not required of undergraduate resident students at the institution for enrollment in other degree programs, fields of study, or courses.
Notwithstanding any other provision of law, for the academic years beginning in the fall of 2013 and the fall of 2014, the Board of Trustees may not approve and may not impose an increase in the tuition charged for an academic year to a resident undergraduate student at the institution over the amount charged for tuition at the institution in the preceding academic year.
From the Fund, the Governor shall appropriate to St. Mary’s College of Maryland:
For fiscal year 2014, $800,000; and
For fiscal year 2015, $1,616,000.
The calculation made under § 14–405 of this subtitle for the fiscal year 2016 General Fund grant shall include the fiscal year 2015 appropriation from the Fund made under this section.
In this section the following words have the meanings indicated.
“Fund” means the Higher Education Investment Fund established in § 15–106.6 of this article.
“Grant” means the DeSousa–Brent Scholars Completion Grant.
There is a DeSousa–Brent Scholars Completion Grant to St. Mary’s College of Maryland.
The purpose of the Grant is to increase the retention and graduation rates of DeSousa–Brent scholars at St. Mary’s College of Maryland.
For fiscal years 2014 through 2019, the Governor shall appropriate the following grant amounts from the Fund to St. Mary’s College of Maryland:
$300,000 in fiscal year 2014;
$550,000 in fiscal year 2015; and
$800,000 in each of fiscal years 2016 through 2019.
For fiscal years 2015 through 2020, except as provided in subsection (f) of this section, the prior fiscal year’s appropriation from the Fund made under this section may not be included in the calculation under § 14–405 of this subtitle.
The fiscal year 2019 appropriation from the Fund shall be included in the calculation under § 14–405 of this subtitle for the fiscal year 2020 General Fund grant appropriation if:
The first– to second–year retention rate for the fall 2015 cohort of the DeSousa–Brent scholars is at least 88%;
The first– to third–year retention rate for the fall 2015 cohort of the DeSousa–Brent scholars is at least 79%; and
The four–year graduation rate for the fall 2015 cohort of the DeSousa–Brent scholars is at least 70%.
On or before December 1 of each year St. Mary’s College of Maryland shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the retention and graduation rates of DeSousa–Brent scholars.
Each public institution of higher education shall accept for admission any graduate of an approved public high school:
Who is certified by his high school principal, based on standards of the State Board of Education, as qualified to pursue a course of study at the institution; or
Who meets the admission standards of the institution.
Each public institution of higher education may accept, for special admission any student who has:
Completed the seventh grade; and
A scholastic aptitude test combined score of 1,200 or an equivalent score on a nationally accepted college entrance examination.
This subsection does not affect the State or local share of aid provided pursuant to § 5–202 of this article to the secondary school in which the student is enrolled.
In this section the following words have the meanings indicated.
“CCR standard” has the meaning stated in § 7–205.1(a) of this article.
“High school” means a public school in the State that offers a program of instruction for at least grades 11 and 12, including a virtual school established under Title 7, Subtitle 14 of this article.
Beginning in the 2028–2029 academic year, there is a direct admission program at participating public senior higher education institutions for eligible high school students who meet the eligibility requirements specified in the memorandum of understanding entered into under subsection (c) of this section.
The Commission, the Department, the University System of Maryland, Morgan State University, and St. Mary’s College of Maryland shall:
Establish eligibility requirements for the direct admission program, which shall include, at minimum, completion of the CCR standard and a minimum high school grade point average; and
Enter into a memorandum of understanding that specifies the eligibility requirements for the direct admission program.
A high school student is eligible for direct admission to a participating public senior higher education institution under this section if the student:
Has completed or is expected to complete all of the prerequisite courses that are required by the institution to which the student applies by the student’s anticipated matriculation date;
Meets the eligibility requirements specified in the memorandum of understanding;
Applies for admission to an institution:
By the required application deadline established by the institution; and
During grade 12 of high school;
Meets the other course requirements established by the institution, if any; and
Meets the additional criteria established by the institution, if any.
A public senior higher education institution may choose to participate in the direct admission program under this section.
If a public senior higher education institution chooses to participate in the direct admission program, the participating institution shall:
Agree to use the eligibility requirements specified in the memorandum of understanding;
Determine any additional courses or criteria needed for a student to qualify for direct admission to the institution, if any; and
Report the additional requirements under item 2 of this item to the Commission each year;
Waive the application fee for students who apply for direct admission to the institution; and
Offer conditional direct admission to each high school student who meets the eligibility requirements specified in the memorandum of understanding.
A participating institution may:
Verify any information required by the institution and provided by a high school student indicating eligibility for direct admission under this section; and
Revoke a student’s offer of direct admission at the institution if the student:
Is not awarded a high school diploma before the student’s anticipated matriculation date;
Does not meet the eligibility requirements specified in the memorandum of understanding;
Engages in academic misconduct; or
After the student’s application is submitted, experiences significantly declining grades that, under the institution’s standard application process, would justify the institution revoking an offer for admission.
The Department and the Commission jointly shall establish a process for notifying the Commission of each high school student in the State who has met the eligibility requirements specified in the memorandum of understanding each school year.
The Commission shall establish a process to offer conditional direct admission from each participating institution to each eligible high school student.
The provisions in this section do not guarantee a high school student eligible for direct admission placement in any specific program offered by the participating institution or to any specific college, school, or functional equivalent within the participating institution to which the student applies.
Each public institution of higher education may honor credit cards as payment for:
Tuition and fees;
Room and board; and
Any goods or services purchased from other auxiliary enterprises.
The governing boards of the institutions shall determine which credit cards are acceptable for this purpose. However, a public institution may not accept a credit card from any credit card company which charges that institution a vendor discount, service charge or similar fee in excess of 2.5 percent.
Each public institution of higher education that provides access to its campus or its student information directory to any person or group which makes students aware of occupational or educational options shall provide access on the same basis to official recruiting representatives of the military forces of this State and the United States for the purpose of informing students of educational and career opportunities available in the military.
It is the public policy of the State that endowment funds of public institutions of higher education and gifts, donations, bequests, private endowments, and private grants received by public institutions of higher education or their governing boards, including any income therefrom:
Shall be used in accordance with the wishes of the donors; and
May not be used as a substitute for State General Fund appropriations.
The public institutions of higher education are encouraged to promote private fundraising by strengthening institutional development activities and by maintaining relationships with affiliated foundations.
Affiliated foundations that are independently established for this purpose shall operate subject to policies adopted by the governing boards and be approved for form and legal sufficiency by the Attorney General.
The presidents of the University System of Maryland constituent institutions may establish campus–based foundations. Each foundation need not be approved by the Board of Regents of the University System of Maryland but shall operate subject to policies adopted by the Board of Regents of the University System of Maryland in consultation with the presidents of the University System of Maryland constituent institutions.
An affiliated foundation established and operated under this subsection may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.
A financial obligation or liability of an affiliated foundation established and operated under this subsection may not be considered a debt or an obligation of the State or the University System of Maryland.
Sections 5–501 through 5–504 of the General Provisions Article do not bar an official or employee of a public institution of higher education from becoming a director, official, or employee of an independent foundation organized to foster fundraising and provide related services for the benefit of the institution.
No funds shall be accepted from an affiliated foundation by a public institution of postsecondary education unless the fiscal affairs of the affiliated foundation are audited annually by an independent certified public accountant.
Notwithstanding any other provision of law to the contrary, the governing boards of the public institutions of higher education may transfer any personnel position from one program to any other program under such governing board’s jurisdiction without the approval of any other officer, board, department, or agency of the State, provided that the total number of positions for all of the programs under the governing board’s jurisdiction does not exceed the total number of authorized positions for all the programs under the board’s jurisdiction as provided in the annual budget bill or its supporting documents.
Each governing board shall develop a policy for the waiver of tuition, and may develop a policy for the waiver of room and board, for faculty and employees of public institutions of higher education and their children who attend public institutions of higher education in the State.
In this section the following words have the meanings indicated.
“Foster care recipient” means an individual who:
Was placed in an out–of–home placement by the Department of Human Services; and
Resided in an out–of–home placement on the individual’s 18th birthday or at the time the individual graduated from high school or successfully completed a GED; or
Resided in an out–of–home placement on or after the individual’s 8th birthday for at least 1 year and was placed into guardianship, adopted, or reunited with at least one of the individual’s parents.
“Foster care recipient” includes a younger sibling of an individual described in subparagraph (i) of this paragraph if the younger sibling is concurrently placed into guardianship or adopted out of an out–of–home placement by the same guardianship or adoptive family.
“Homeless youth” means a child or youth who:
Has had a consistent presence in the State for at least 1 year before enrollment in a public institution of higher education that is documented by school, employment, or other records; and
Has been verified as a homeless child or youth, as defined by the federal McKinney–Vento Homeless Assistance Act, at any time during the 24 months immediately preceding the student’s enrollment in a public institution of higher education or while the student is enrolled in a public institution of higher education by:
The Director or designee of a governmental or nonprofit entity that receives public or private funding to provide services to persons experiencing homelessness;
A local educational agency liaison for children and youth experiencing homelessness designated in accordance with the federal McKinney–Vento Homeless Assistance Act;
A school counselor;
A school social worker;
The Director or a designee of a federal or State outreach and student services program designed to identify and provide services to economically disadvantaged individuals;
The Director or a designee of a federal or State program for providing early awareness and readiness for undergraduate programs; or
The Director or a designee of the Director of a financial aid department at the public institution of higher education in which the youth is enrolled or seeks to enroll.
“Out–of–home placement” has the meaning stated in § 5–501 of the Family Law Article.
“Tuition” means the charges imposed by a public institution of higher education for enrollment at the institution.
“Tuition” includes charges for registration and all fees required as a condition of enrollment in credit–bearing and noncredit courses offered during the fall, winter, spring, or summer term.
“Vocational certificate” means a certificate or license awarded by a public institution of higher education on completion of a course of study that prepares an individual to work in a career field by taking credit–bearing courses or noncredit courses.
A foster care recipient or homeless youth is exempt from paying any tuition at a public institution of higher education, regardless of that foster care recipient’s or homeless youth’s receipt of any scholarship or grant if:
The foster care recipient or homeless youth is enrolled at the institution on or before the date that the foster care recipient or homeless youth reaches the age of 25 years;
The foster care recipient or homeless youth is enrolled as a candidate for a vocational certificate, an associate’s degree, or a bachelor’s degree; and
The foster care recipient or homeless youth has filed for federal and State financial aid.
If a foster care recipient or homeless youth receives a scholarship or grant for postsecondary study and is enrolled before the recipient’s 25th birthday as a candidate for a vocational certificate, an associate’s degree, or bachelor’s degree at a public institution of higher education, the scholarship or grant may not be applied to the tuition for the foster care recipient or homeless youth.
A foster care recipient or homeless youth who is exempt from tuition under this section continues to be exempt until the earlier of:
10 years after first enrolling as a candidate for an associate’s degree or a bachelor’s degree at a public institution of higher education in the State; or
The date that the foster care recipient or homeless youth is awarded a bachelor’s degree.
If a public institution of higher education provides on–campus housing, a foster care recipient or homeless youth who is exempt from tuition under this section shall receive priority consideration for on–campus housing at the institution at which the student is enrolled.
If a public institution of higher education determines that a student is a homeless youth, on request of the student, a public institution of higher education shall notify any public institution of higher education in which the student subsequently enrolls of the student’s designation as a homeless youth.
If a public institution of higher education receives notice of a student’s designation as a homeless youth under paragraph (1) of this subsection, the public institution of higher education shall designate the student as a homeless youth.
Each public institution of higher education shall:
Designate a homeless and foster student liaison within its financial aid office or another appropriate office within the institution;
Ensure that the homeless and foster student liaison has expertise in the financial aid eligibility of homeless and foster students; and
Include as part of the homeless and foster student liaison’s duties providing assistance to homeless and foster students in applying for federal and State financial aid or other assistance for which they may be eligible;
Inform current and prospective students about the homeless and foster student liaison and the services the liaison provides; and
Make the application for the tuition exemption established under this section available to prospective and current students; and
Notify students of the availability of the application.
Each public institution of higher education shall establish a process for a foster care recipient or homeless youth to appeal a denial of a tuition exemption application.
The appeal process shall include:
Written notification to the foster care recipient or homeless youth of the right to appeal;
A timely opportunity for the foster care recipient or homeless youth to be heard; and
A written decision indicating the outcome of the appeal and the reason for the outcome within 30 days of submission of the appeal.
On or before June 1 of each year, each public institution of higher education in the State shall report to the Commission on the aggregate and disaggregate number of foster care recipients and homeless youth, including data disaggregated by age, race, ethnicity, sexual orientation, and gender identity, who:
Received a tuition exemption under this section during the prior academic year;
Applied for but did not receive a tuition exemption under this section during the prior academic year and the reason for the denial;
Previously received a tuition exemption under this section at any point during their enrollment at the institution but did not receive the tuition exemption during the prior academic year and the reason for not continuing to receive the exemption;
Earned a bachelor’s degree, an associate’s degree, or a vocational certificate from the institution during the prior academic year; and
Filed an appeal in accordance with subsection (e) of this section, including the outcome of each appeal and the reason for each appeal denial.
On or before June 1 each year, each public institution of higher education shall submit to the Commission a brief description of any forms used in conjunction with the tuition exemption established under this section.
In this section, “residency requirement” means the requirement of a public senior higher education institution for a student to have resided in the State for 1 year to be considered a resident and receive in–State tuition status.
For tuition purposes, a public senior higher education institution shall waive the in–State residency requirement for a public school teacher employed by a county board if:
The course or program is required by the State or the county board to maintain the teacher’s present position with the county board; or
The course or program maintains or improves skills required by the county board in the teacher’s current position;
The teacher resides in this State and is employed as a full–time public school teacher; and
The teacher has been employed as a public school teacher in the State for less than a year.
A public school teacher is responsible for the difference between in–State and out–of–state tuition if:
The teacher resigns or is terminated from employment with the county board; and
The teacher remains enrolled in the course or program at an institution of higher education during the teacher’s first year as a Maryland resident.
In this section, “National Guard student” means a student who is enrolled in a public institution of higher education and is a member of the United States National Guard.
A public institution of higher education shall allow a National Guard student to withdraw from courses the National Guard student is currently enrolled in without negative consequences to the National Guard student’s academic standing if the National Guard student’s unit is activated and deployed.
A public institution of higher education shall try to assist the National Guard student in completing the course requirements by either:
Giving the National Guard student a grade of incomplete and working with the National Guard student and the student’s instructor on a program of independent study; or
Transferring the National Guard student to an on–line course of instruction offered at an institution such as:
The University of Maryland University College’s Distance Education Courses; or
The Southern Regional Education Board’s Electronic Campus.
This section applies to the following individuals:
An active service member;
The spouse of an active service member;
A financially dependent child of an active service member;
An honorably discharged veteran; or
A member of the National Guard as defined in § 13–405(a)(3) of the Public Safety Article.
Notwithstanding any other provision of this article, an individual described in subsection (a) of this section who attends a public institution of higher education in the State is exempt from paying nonresident tuition at a public institution of higher education in this State if:
The active service member:
Is stationed in this State;
Resides in this State; or
Is domiciled in this State;
The spouse or financially dependent child of an active service member presents documentation that, during the time period in which the active service member met the requirements of item (1) of this subsection, the individual:
Enrolled as an entering student in a public institution of higher education in the State; or
Was accepted to attend a public institution of higher education in the State;
The honorably discharged veteran presents documentation that the individual:
Was honorably discharged from the uniformed services; and
Resides in this State; or
Is domiciled in this State; or
The National Guard member is a member of the Maryland National Guard and joined or subsequently serves in the Maryland National Guard to:
Provide a Critical Military Occupational Skill; or
Be a member of the Air Force Critical Specialty Code as determined by the National Guard.
Notwithstanding any other provision of this article, a spouse or financially dependent child of an active duty member who is exempt from paying nonresident tuition under subsection (b) of this section shall continue to be exempt from paying nonresident tuition:
If the spouse or financially dependent child:
Enrolls as an entering student in a public institution of higher education in the State;
Remains continuously enrolled at the public institution of higher education; and
Remains domiciled in the State during enrollment; and
Regardless of whether the active duty member still meets the requirements of subsection (b)(1) of this section.
Each public institution of higher education shall comply with federal law relating to nonresident tuition for veterans and veterans’ dependents.
The Commission shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.
In this section the following words have the meanings indicated.
“Academic year” means the period commencing with the fall semester and continuing through the immediately following summer session at a public senior higher education institution.
“Governing board” means:
The Board of Regents of the University System of Maryland; and
The Board of Regents of Morgan State University.
“Public senior higher education institution” has the meaning stated in § 10–101(m)(1) and (2) of this article.
“Tuition” means the charges approved by the governing board of a public senior higher education institution that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses.
“Tuition” does not include:
Fees that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses;
Fees dedicated to support auxiliary enterprises and other self–funded activities of a public senior higher education institution; or
A fee required only for enrollment in a specific degree program, field of study, or course when that fee is not required of undergraduate resident students at the public senior higher education institution for enrollment in other degree programs, fields of study, or courses.
Notwithstanding any other provision of law, for the academic years beginning in the fall of 2006 and 2007 only, a governing board may not approve, and a public senior higher education institution may not impose, an increase in the tuition charged for an academic year to a resident undergraduate student at the institution over the amount charged for tuition at the institution in the preceding academic year.
In this section the following words have the meanings indicated.
“Fund” means the Higher Education Investment Fund.
“Public senior higher education institution” has the meaning stated in § 10–101(m) of this article.
“Trust Account” means the Tuition Stabilization Trust Account.
“Tuition” means the charges and fees approved by the governing board of a public senior higher education institution which are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses.
There is a Higher Education Investment Fund.
The purpose of the Fund is to:
Invest in public higher education and workforce development; and
Keep tuition affordable for Maryland students and families.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Treasurer shall hold the Fund and the Comptroller shall account for the Fund.
The proceeds of the Fund shall be invested and reinvested.
Any investment earnings shall be paid into the Fund.
The Fund consists of:
Money appropriated in the State budget for the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Commission shall administer the Fund.
Money in the Fund may be expended only:
To supplement General Fund appropriations to research institutes of the University System of Maryland and public senior higher education institutions;
For capital projects for research institutes of the University System of Maryland and public senior higher education institutions;
For workforce development initiatives administered by the Commission; and
For initiatives to address higher education needs related to the United States Department of Defense Base Realignment and Closure process.
Expenditures from the Fund may be made only in accordance with an appropriation approved by the General Assembly in the annual State budget.
Within the Fund there is a Tuition Stabilization Trust Account.
The Trust Account is established to retain revenues for stabilizing tuition costs for resident undergraduate students.
In years of increasing corporate tax revenues that are allocated to the Fund under § 2–613.1 of the Tax – General Article, funds shall be deposited into the Trust Account.
Funds in the Trust Account shall be used only to stabilize tuition at public senior higher education institutions.
It is the goal of the State that any increase in resident undergraduate tuition and academic fees at public senior higher education institutions in any given year should be limited to a percent not to exceed the increase in the 3–year rolling average of the State’s median family income.
The Trust Account consists of:
Money appropriated in the State budget for the Trust Account; and
Any other money from any other source accepted for the benefit of the Trust Account.
A balance of between 1% and 5% of resident undergraduate tuition revenues received by public senior higher education institutions in the prior fiscal year should be maintained in the Trust Account.
Money in the Trust Account may be expended only to supplement General Fund appropriations to public senior higher education institutions for the purpose of stabilizing tuition costs of resident undergraduate students.
In this section, “State or local public safety employee” has the meaning stated in § 18–601(a)(5) of this article.
A son or a daughter of a State or local public safety employee who is eligible for a scholarship in accordance with § 18–601(d)(3)(iii) of this article is exempt from paying the nonresident tuition rate at a public institution of higher education.
The governing board of each public institution of higher education, in consultation with the Commission, shall adopt appropriate policies to implement the provisions of this section.
In this section, “individual”:
Includes an undocumented immigrant individual; and
Does not include a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15).
Notwithstanding any other provision of this article, an individual shall be exempt from paying the out–of–state tuition rate at a public institution of higher education in the State, and shall be eligible for the tuition rates described under subsections (c) and (d) of this section, if the individual:
Attended a public or nonpublic secondary school in the State;
Graduated from a public or nonpublic secondary school in the State or received the equivalent of a high school diploma in the State;
Registers as an entering student in a public institution of higher education in the State not later than 6 years after graduating from a public or nonpublic secondary school in the State or receiving the equivalent of a high school diploma in the State;
Provides to the public institution of higher education documentation that the individual or the individual’s parent or legal guardian has filed a Maryland income tax return annually for the 2–year period before the academic year in which the tuition rate exemption would apply;
In the case of an individual who is not a permanent resident, provides to the public institution of higher education an affidavit stating that the individual will file an application to become a permanent resident within 30 days after the individual becomes eligible to do so; and
In the case of an individual who is required to register with the Selective Service System, provides to the public institution of higher education documentation that the individual has complied with the registration requirement.
Notwithstanding any other provision of this article and subject to subsection (i) of this section, an individual shall be eligible to pay a rate that is equivalent to the resident tuition rate at a public senior higher education institution, if the individual meets the requirements of subsection (b) of this section.
Notwithstanding any other provision of this article, an individual shall be eligible to pay a rate that is equivalent to the in–county tuition rate at a community college in the State if the individual:
Meets the requirements of subsection (b) of this section; and
Attends a community college supported by the county in which:
An address in the county is used on the Maryland income tax return of the individual or the individual’s parent or legal guardian of the calendar year prior to the academic year in which the rate would apply;
The secondary school from which the individual graduated is located; or
In the case of an individual who received the equivalent of a high school diploma in the State, the secondary school most recently attended by the individual is located.
Notwithstanding any other provision of this article, an individual shall retain the individual’s tuition status at a public institution of higher education in the State if the individual:
Meets the requirements of paragraph (2) of this subsection; and
On or after June 15, 2012, was exempt from paying the out–of–state or out–of–county tuition rate at a public institution of higher education.
To retain tuition status under this subsection, an individual shall use an address in the State on the Maryland income tax return of the individual or the individual’s parent or legal guardian annually until the individual is awarded a degree from the public institution of higher education.
Information collected under this section as part of a student’s registration shall remain confidential.
A public institution of higher education that admits an individual who qualifies for the tuition rate under this section shall:
Keep a record of the number of individuals who pay the tuition rate in accordance with the requirements under subsections (c) and (d) of this section; and
Report the information required in item (i) of this paragraph to the Commission each year.
The Commission shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report consisting of a compilation of the reports submitted to the Commission under paragraph (1) of this subsection.
The governing board of each public institution of higher education shall adopt appropriate policies to implement the provisions of this section.
The students that are receiving the tuition rate described in subsection (c) of this section may not be counted as in–State students for the purposes of determining the number of Maryland undergraduate students enrolled at a public senior higher education institution.
In this section, “residency requirement” means the requirement of a public senior higher education institution for a student to have resided in the State for 12 consecutive months to be considered a resident and receive in–State tuition status.
For in–State tuition purposes, a public senior higher education institution shall waive the in–State residency requirement for an individual who has completed:
All service hours for an AmeriCorps Program in the State; or
A service program under the Maryland Corps Program under Title 21, Subtitle 2 of the State Government Article.
A student is responsible for the difference between in–State and out–of–state tuition if the student does not retain residence in the State for the remainder of the school year for which in–State tuition was received.
In this section the following words have the meanings indicated.
“Deaf or hard of hearing child” means a minor who has hearing loss as determined through a universal newborn hearing screening under § 19–308.5 of the Health – General Article or a similar screening.
“Language or communication mode” means the method that a parent or legal guardian chooses to communicate with their deaf or hard of hearing child, including:
American Sign Language, as defined in § 7–702 of the Human Services Article;
Cued speech, which is a system of handshapes and positions that, when combined with the mouth movements of speech, visually represent the phonemes of spoken language; and
Listening and spoken language, in which infants and young children with hearing loss are taught to listen and talk with support from hearing technology, such as hearing aids, assistive listening devices, or cochlear implants.
“Tuition” means the charges imposed by a public institution of higher education for enrollment in a course that teaches a language or communication mode at the institution, including charges for registration and all fees for enrolling in the course.
A parent of a deaf or hard of hearing child:
May take one course that teaches a language or communication mode at an institution of higher education; and
Is exempt from paying tuition at a public institution of higher education for the course.
In this section, “returned Peace Corps volunteer” means a person who has been certified by the Director of the Peace Corps as having served satisfactorily as a Peace Corps volunteer.
A returned Peace Corps volunteer who attends a public institution of higher education in the State is exempt from paying nonresident tuition at a public institution of higher education in the State if the returned Peace Corps volunteer is domiciled in the State.
A student who attends a community college in the State and pays tuition as provided in subsection (b) of this section shall be included as an in–State resident for computation of State aid to community colleges in accordance with §§ 16–305 and 16–512 of this article.
The Commission shall adopt regulations to implement the provisions of this section.
In this section, “State or local public safety employee” has the meaning stated in § 18–601 of this article.
Notwithstanding the state or county in which the spouse or the child resides, a spouse or a financially dependent child of a State or local public safety employee who dies as a result of or in the course of performance of duties is exempt from paying out–of–state or out–of–county tuition at a public institution of higher education in the State.
The Commission shall adopt regulations to implement this section.
Public senior higher educational institutions and their governing boards are encouraged to promote the economic development of the State and to increase the financial resources of the institutions through arrangements with the private sector, including collaborative research and development, commercial application of institution–owned intellectual property, and the provisions of technical assistance.
In this section, “employee leave time” means the following types of leave:
Holiday leave;
Annual leave;
Personal leave;
Sick leave; and
Administrative and other related leave.
As provided in this section, each public institution of higher education is authorized to establish employee leave time for its skilled employees, professional employees, and employees in a status that is equivalent to skilled employees or professional employees in the State Personnel Management System, described in Title 6 of the State Personnel and Pensions Article.
The number of days established by a public institution of higher education as employee leave time shall total at least the number of days provided to employees in the State Personnel Management System under Title 9, Subtitles 2, 3, 4, and 5 of the State Personnel and Pensions Article.
This section applies only to a public institution of higher education that owns, manages, or maintains a steam system or an electric system for the purpose of providing services exclusively for the benefit of the institution.
A person that enters into an agreement or lease with a public institution of higher education to facilitate or undertake the financing, whole or partial ownership, operation, generation, construction, distribution, or maintenance of an on–site steam or electric generation, production, or distribution system for the institution may not be considered a public service company, as defined in § 1–101 of the Public Utilities Article, subject to the jurisdiction of the Public Service Commission as a result of the financing, leasing, ownership, operation, control, management, construction, distribution, or maintenance of the steam or electric system.
A public institution of higher education may not print or have printed an employee’s or a student’s Social Security number on any type of identification card.
In this section the following words have the meanings indicated.
“Credit card” means a card or device issued under an agreement by which the credit card issuer gives to a cardholder residing in the State the privilege of obtaining credit from the credit card issuer or another person in connection with the purchase or lease of goods or services primarily for personal, family, or household use.
“Credit card issuer” means a financial institution, a lender other than a financial institution, or a merchant that receives applications and issues credit cards to individuals.
“Credit card marketing activity” means any activity of an agent or employee of a credit card issuer that is designed to encourage students at an institution of higher education in the State to apply for a credit card.
“Credit card marketing activity” includes the act of placing a display or poster together with credit card applications on a campus of an institution of higher education in the State, whether or not an employee or agent of the credit card issuer attends the display.
“Merchandising” means the offering of free merchandise or incentives to students as a part of credit card marketing activities.
“Student” means an individual enrolled for at least one credit hour at an institution of higher education.
Subject to paragraph (2) of this subsection, an institution of higher education shall develop policies regarding credit card marketing activities and merchandising conducted on a campus of an institution of higher education by a credit card issuer.
The requirements of paragraph (1) of this subsection do not apply to credit card marketing activities or merchandising conducted by credit card issuers:
In newspapers, magazines, or other similar publications; or
Within the physical location of a financial services business located on the campus of an institution of higher education if conducted as a part of the regular course of business.
The policies developed under subsection (b) of this section shall include:
A requirement that credit card issuers conducting credit card marketing activities inform students about good credit management practices through a program developed in conjunction with the institution of higher education;
A requirement that the institution of higher education’s credit card marketing and merchandising policy be available to all students on request; and
Consideration of the following issues:
Registration of credit card issuers conducting credit card marketing activities;
Limits on the times and locations of credit card marketing activities; and
A prohibition on merchandising unless the student is provided credit card debt education literature, including brochures of written information or links to electronic information.
In this section the following words have the meanings indicated.
“Bookstore” means any entity that offers books or other course materials for sale and is licensed by the Comptroller under Title 11, Subtitle 7 of the Tax – General Article.
“Bookstore” includes campus bookstores and online vendors.
“Bundle” means one or more college textbooks or other supplemental materials that are packaged together to be sold as course materials for one price.
“Bundle” does not include single, custom, or integrated textbooks.
“Campus bookstore” means a bookstore under the jurisdiction of an institution of higher education.
“Custom textbook” means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education.
“Custom textbook” includes original instructor material, previously copyrighted material, or copyrighted third–party material.
“Custom textbook” does not include purely aesthetic changes to a college textbook when compared with a prior edition of a college textbook such as commemorative editions.
“Integrated textbook” means a college textbook that is combined with:
Materials developed by a third party and that, by third–party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or
Other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose.
“ISBN” means the unique International Standard Book Number assigned to college course material that is used by publishers to identify each textbook edition and other course material, including bundles.
“Price” means the price at which the publisher would make the college textbook or supplemental material available to a bookstore and, if available, the price at which the publisher would make the college textbook or supplemental material available to the public.
“Substantial content” means a part of a college textbook, such as new chapters, new material covering additional eras of time, new themes, or new subject matter.
“Supplemental material” means educational material developed to accompany a college textbook that is not being used as a component of an integrated textbook.
“Supplemental material” includes printed materials and electronic materials such as computer disks and Web access codes.
“Textbook” includes custom textbooks to the maximum extent practicable.
This section does not apply to the overseas programs of the University of Maryland Global Campus.
Each public institution of higher education in the State shall develop and implement:
An informational campaign to assist faculty and make them aware of textbook–related issues, including:
The price of college textbooks and of supplemental material;
The existence of variances in price of bundled and unbundled course materials;
Substantial content revisions made between the current edition of a college textbook or supplemental material and the previous edition of the college textbook or supplemental material as reported to the institution under subsection (e) of this section;
Which textbooks are integrated textbooks and are therefore not subject to subsection (f)(3) of this section, as reported by the publisher under subsection (e) of this section; and
The fiscal impact to students of the high cost of college textbooks;
A procedure by which bookstores and students are made aware of the information required to be disclosed under subsection (g) of this section; and
A best–practices process for faculty in selecting college textbooks and supplemental material that:
Ensures early adoption of college textbooks and supplemental material;
Encourages the maximum usage of used college textbooks and of previous editions of college textbooks, when possible;
For undergraduate college textbooks, ensures that the majority of the assigned material will be used in the course unless it would be in the student’s financial interest to purchase separate materials; and
Ensures that faculty are aware of various outlets for the supply of college textbooks and supplemental material.
Each public institution of higher education shall develop a process by which faculty members acknowledge the information under paragraph (2) of this subsection.
Before selecting a college textbook or supplemental material and before transmitting the selection to a campus bookstore, providing the selection to any other bookstore, or posting the selection on the website of the public institution of higher education, a faculty member shall acknowledge:
If selecting a different college textbook from a different publisher, the cost of the new selection versus the cost of the previous selection; or
If selecting a current edition of a college textbook:
The differences in substantial content between the current edition of the textbook and the previous edition of the textbook as reported by the publisher under subsection (e) of this section;
That the use of the current edition is appropriate due to a material change in substantial content between the current edition and the previous edition;
The difference in price between the current edition of the textbook and the previous edition of the textbook; and
That the previous edition of the textbook may be available to students at a lower price via the used book market;
That an integrated textbook is not subject to subsection (f)(3) of this section; and
That supplemental material included in a bundle is intended for use in the course.
A publisher that sells college textbooks or supplemental material and provides information regarding a college textbook or supplemental material to a faculty member, other adopting entity in charge of selecting course materials, or the administration of an institution of higher education shall disclose with this information, in writing, by paper or electronic means:
The price of the college textbook or supplemental material;
The title, author, publisher, edition, current and three previous copyright dates, publication date when available, and ISBN of the college textbook and supplemental material, both as bundled and unbundled items;
Substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition of the college textbook or supplemental material;
Other available formats for the college textbook or supplemental material such as paperback or unbound; and
A list of textbooks that are classified as integrated textbooks.
Each institution of higher education in the State shall develop a process by which faculty members acknowledge having been informed of the disclosures required under paragraph (1) of this subsection and the impact that the high cost of college textbooks and supplemental material has on students.
Except as provided in paragraph (4) of this subsection, a publisher and a campus bookstore shall provide and sell college textbooks and supplemental material in the same manner as selected and ordered by faculty members.
If a college textbook or supplemental material is unavailable as ordered, the publisher and the campus bookstore shall work with the faculty member to find alternatives.
A publisher collaborating with a campus bookstore and a faculty member under subparagraph (i) of this paragraph shall provide price information for alternative college textbooks and supplemental material.
A publisher that sells a college textbook and any supplemental material accompanying the college textbook in a bundle shall also make available the college textbook and the supplemental material as separate and unbundled items, each separately priced.
With the permission of a faculty member, a campus bookstore may sell college textbooks and supplemental material in a different manner than as selected and ordered by the faculty member for the purpose of providing used college textbooks, prior editions, or other lower–cost options to students.
Subject to subparagraph (ii) of this paragraph, on the request of a bookstore, an institution of higher education shall provide the information listed under paragraph (3) of this subsection to a bookstore by the earlier of:
Within 1 week of a faculty member’s selection of a college textbook or supplemental material and transmission to a campus bookstore; or
When the selection by a faculty member of a college textbook or supplemental material is finalized.
A bookstore that obtains information under subparagraph (i)1 of this paragraph may not make the information available to students or members of the public until the information is made available to the bookstore in accordance with paragraph (2) of this subsection.
An institution of higher education shall make the information listed under paragraph (3) of this subsection available to bookstores, students, and the rest of the public by posting the information on its website by the earlier of:
Subject to paragraphs (4) and (5) of this subsection, 3 weeks following the selection by a faculty member of a college textbook or supplemental material; or
When the selection by a faculty member of a college textbook or supplemental material is finalized.
In addition to the information posted under subparagraph (i) of this paragraph, an institution shall post on its website:
Whether supplemental material is required or only suggested by faculty; and
Whether a previous edition of an assigned college textbook will suffice.
The information made available under paragraphs (1) and (2) of this subsection shall include the:
Title;
Author;
Publisher;
Edition;
Copyright date and publication date, when available;
ISBN; and
Anticipated enrollment for the course.
An institution of higher education shall inform a bookstore, students, or members of the public who access the website of the institution under paragraph (2) of this subsection if the selection of the particular college textbook, supplemental material, or bundle has not been finalized by the faculty member.
In addition to the disclosure made under subparagraph (i) of this paragraph, an institution, campus bookstore, or other bookstore that offers a college textbook or supplemental material for sale prior to the selection being finalized shall provide:
A caveat regarding the potential consequences of purchasing the particular college textbook, supplemental material, or bundle prior to the selection being finalized; and
The return policy of the campus bookstore or other bookstore, as appropriate.
Notwithstanding paragraphs (1) and (2) of this subsection, upon request to an institution, an extension of time may be granted to a faculty member from the requirement to post the selection of a college textbook or supplemental material prior to the selection being finalized.
The extension granted under subparagraph (i) of this paragraph shall be approved by the faculty Department Chair and the Dean or Division Head of the institution.
The extension shall include a written statement of explanation for the extension.
An institution shall post the written statement on its website instead of the selection, as appropriate.
A public institution of higher education may not encourage or promote the creation or sale of college textbooks that consist of purely aesthetic changes to a prior edition of a college textbook such as a commemorative edition.
This section may not be construed to supersede the institutional autonomy or academic freedom of faculty members involved in the selection of college textbooks and supplemental material.
The Commission, in consultation with the public institutions of higher education in the State, shall develop and adopt guidelines on awarding academic credit for a student’s military training, coursework, and education.
In accordance with the guidelines developed by the Commission under subsection (a) of this section, the governing body of each public institution of higher education in the State shall develop and implement policies governing the awarding of academic credit for a student’s military training, coursework, and education.
In this section, “degree plan” means a statement of the course of study requirements that an undergraduate student enrolled in a public higher education institution must complete to graduate from the institution.
Except as provided in subsection (c) of this section, each undergraduate student enrolled in a public senior higher education institution shall file a degree plan with the institution as soon as practicable but not later than by the completion of 45 credit hours of course work.
Each undergraduate student who transfers to a public senior higher education institution with at least 45 credit hours of course work shall file a degree plan with the institution during the student’s first semester at the institution.
Each degree–seeking undergraduate student enrolled at a community college shall file a degree plan with the institution on entering the institution.
A degree plan filed under this section shall:
Be developed in consultation with:
An academic advisor in the student’s degree program; or
If an academic advisor is not available in the student’s degree program, any academic advisor at the institution; and
Follow a pathway to a degree as required under § 15–115 of this subtitle.
Each public institution of higher education in the State shall:
Develop a pathway system whereby public institutions of higher education establish graduation progress benchmarks for each academic major and for the general education program for students who have not declared a major;
Require the pathway for each first–time degree–seeking student to include credit–bearing mathematics and English courses in the first 24 credit hours of courses; and
Require the pathway for each degree–seeking student enrolled in a developmental course in mathematics, reading, or English to include the credit–bearing course in mathematics, reading, or English concurrent with or in the semester immediately following completion of the developmental course.
The benchmarks established in subsection (a)(1) of this section shall specify the credit and course criteria that indicate satisfactory progress toward a degree.
Academic units shall establish schedules for regular periodic reviews of student progress.
Students who are in danger of falling behind the program benchmarks shall be required to consult with an academic advisor before registration.
Each public senior higher education institution shall dedicate a portion of institutional financial aid to provide financial assistance to resident undergraduate students that transfer with an associate’s degree from a community college in the State.
Except as provided in paragraph (2) of this subsection, the standard number of credits required for a baccalaureate degree from a public senior higher education institution is 120 credit hours.
The standard number of credits required under paragraph (1) of this subsection does not apply if:
The degree program is defined as a 5–year baccalaureate program;
Professional accreditation requires a higher number of credit hours or requires course work that cannot be completed in 120 credits; or
Certification requirements result in a need for credit hours in excess of 120.
Except as provided in paragraph (2) of this subsection, beginning with fall 2015, the standard number of credits required for an associate’s degree from a public community college is 60 credit hours.
The standard number of credits required under paragraph (1) of this subsection does not apply if:
The degree program is defined as more than a 2–year associate’s degree;
Professional accreditation requires a higher number of credit hours or requires course work that cannot be completed in 60 credits; or
Certification requirements result in a need for credit hours in excess of 60.
A public community college shall consider a course or program for English as a second language or English language learner as eligible for either world language or humanities credit, or both, toward a student’s associate’s degree if the course is not classified by the public community college as a remedial course.
The governing board of a public institution of higher education, in consultation with the Commission, may approve additional exceptions to the credit hour requirements under subsections (a) and (b) of this section.
In this section the following words have the meanings indicated.
“Debt” means any money, obligation, claim, or sum due or owed by a student to an institution of higher education.
“Debt” includes:
Credit extended by or on behalf of the institution that a student is obligated to repay; and
A nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by:
An institution of higher education; or
A private educational lender that is affiliated with an institution of higher education.
“Debt” does not include the fee, if any, charged to a student for the actual costs of providing a transcript.
“Student” includes current students and former students of an institution of higher education.
An institution of higher education may not:
Refuse to provide a transcript to a student because the student owes a debt;
Condition the issuance of a transcript on the payment of a debt;
Charge a higher fee for obtaining a transcript because a student owes a debt;
Provide less favorable treatment of a transcript request because a student owes a debt; or
Use transcript issuance as a tool for debt collection.
In this section the following words have the meanings indicated.
“School–sponsored media” means any material that is:
Prepared, written, published, or broadcast by a student journalist at a public institution of higher education;
Distributed or generally made available to members of the student body; and
Prepared under the direction of a student media advisor.
“School–sponsored media” does not include material that is intended for distribution or transmission solely in the classroom in which the material is produced.
“Student journalist” means a student at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school–sponsored media.
“Student media advisor” means an individual employed, appointed, or designated by a public institution of higher education to supervise or provide instruction relating to school–sponsored media.
Subject to subsection (d) of this section, a student journalist may exercise freedom of speech and freedom of the press in school–sponsored media.
Paragraph (1) of this subsection may not be construed to be limited by the fact that the school–sponsored media is:
Supported financially by the public institution of higher education or by use of facilities owned by the institution; or
Produced in conjunction with a class in which the student journalist is enrolled.
Subject to subsection (d) of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school–sponsored media.
Paragraph (1) of this subsection may not be construed to prevent a student media advisor from teaching professional standards of English and journalism to student journalists.
This section may not be construed to authorize or protect content of school–sponsored media by a student journalist that:
Is libelous or slanderous;
Constitutes an unwarranted invasion of privacy;
Violates federal or State law; or
Incites students to create a clear and present danger of the commission of an unlawful act, the violation of policies of the public institution of higher education, or the material and substantial disruption of the orderly operation of the institution.
A student media advisor may not use the advisor’s position to influence a student journalist to promote an official position of a public institution of higher education.
A student journalist may not be disciplined for acting in accordance with subsection (b) or (c) of this section.
A student media advisor may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
Acting to protect a student journalist engaged in conduct under subsection (b) or (c) of this section; or
Refusing to infringe on conduct that is protected by subsection (b) or (c) of this section, the First Amendment to the United States Constitution, or Article 40 of the Maryland Declaration of Rights.
Each public institution of higher education shall adopt a written policy concerning the provisions of this section.
The policy adopted under paragraph (1) of this subsection:
Shall include reasonable provisions for the time, place, and manner of expression by a student journalist in school–sponsored media; and
Notwithstanding the provisions of subsections (b) and (c) of this section, may include limitations on language that has the intent to harass, threaten, or intimidate an individual.
A public institution of higher education shall allow an individual with an unpaid balance of $250 or less on a student account to register for courses at the institution if the individual settles the balance on the student account by the end of the late registration period for the next semester.
A public institution of higher education shall allow an individual with an unpaid balance of more than $250 on a student account to register for courses at the institution if the individual enters into an installment payment plan before the end of the late registration period for the current semester.
The installment payment plan under paragraph (1) of this subsection shall require the individual to make payments to settle the unpaid balance on the student account by the agreed on date.
In this section the following words have the meanings indicated.
“Cost of attendance” has the meaning stated in 20 U.S.C.A. § 1087ll.
“Expected family contribution” means the amount determined in accordance with 20 U.S.C.A. § 1087nn.
“Financial need” means cost of attendance minus expected family contribution.
“Gift aid” means all financial aid that is not a loan or work–study program, including grants, scholarships, tuition waivers, and third–party payments.
“Institutional gift aid” means gift aid that is funded by a public senior higher education institution.
“Private scholarships” means scholarships awarded by companies, private foundations, nonprofit organizations, and service groups.
“Private scholarships” does not include awards funded by a private organization that:
Is affiliated with a higher education institution; and
Requests the higher education institution’s assistance in selecting recipients.
A public senior higher education institution may reduce institutional gift aid offers as a result of private scholarship awards only under the circumstances described in subsections (c) through (e) of this section.
If a student’s total gift aid from all sources exceeds the student’s financial need, a public senior higher education institution may reduce the student’s institutional gift aid until the student’s total gift aid no longer exceeds the student’s financial need.
In addition to the reduction authorized in subsection (c) of this section, a public senior higher education institution may further reduce a student’s institutional gift aid if the institution receives approval from the organization that awarded the private scholarship funds that triggered the reduction authorized in subsection (c) of this section.
A public senior higher education institution may reduce a student athlete’s institutional gift aid in order to comply with the National Collegiate Athletic Association’s individual or team financial aid restrictions.
This section applies only to an institution of higher education that awards a degree that an individual may use to meet the educational requirements for licensure under the Health Occupations Article as a physician, advanced practice nurse, dentist, physician assistant, or podiatrist.
An institution of higher education subject to this section shall offer instruction in substance use disorders, effective treatment for substance use disorders, and pain management.
Beginning with the 2018–2019 academic year and annually thereafter, each public institution of higher education shall complete at least one active shooter drill.
In this section the following words have the meanings indicated.
“Eligible service member” means:
An active service member; and
A veteran who has received an other than dishonorable discharge or a certificate of satisfactory completion of service.
“Eligible spouse” means the spouse of an eligible service member.
Subject to subsection (c) of this section, a public institution of higher education shall grant priority registration for courses to an eligible service member or eligible spouse.
The priority registration requirement under subsection (b) of this section:
Applies only within 15 years after the eligible service member who would receive or whose eligible spouse would receive priority registration was last on active duty; and
Does not apply after an eligible service member’s or eligible spouse’s fourth academic year.
Each public institution of higher education shall adopt policies necessary to implement this section.
An institution of higher education may not refer to a noncredit or credit course as an apprenticeship or apprenticeship training course unless the course is part of a registered apprenticeship training program that has been approved by the Apprenticeship and Training Council of the Maryland Department of Labor or the U.S. Department of Labor.
This section applies if, after empirical review, the State Board determines that the college and career readiness assessment required under § 7–205.1 of this article aligns with global standards.
Notwithstanding any other provision of law, each community college and other open–enrollment public institution of higher education shall accept for enrollment in credit–bearing courses any individual who has achieved college and career readiness according to the standard adopted by the State Board under § 7–205.1 of this article.
In this section, “dually enrolled student” means a student who is dually enrolled in:
A secondary school in the State; and
An institution of higher education in the State.
“Dually enrolled student” includes a student enrolled in a credit or noncredit certificate or license program, course, or sequence of courses that leads to certification or licensure at an institution of higher education in the State.
A public institution of higher education may not charge tuition to a dually enrolled student.
Subject to subsection (d) of this section, for each dually enrolled student who is enrolled in a public school in the county, the county board shall pay 75% of the cost of tuition for a public institution of higher education in the State.
If there is an agreement before July 1, 2020, between a public school and a public institution of higher education in which the public institution of higher education charges less than 75% of the cost of tuition to a dually enrolled student, the county board shall pay the cost of tuition under the existing agreement.
Every 2 years, a public school and a public institution of higher education may evaluate and modify an agreement made under paragraph (1) of this subsection.
Subject to subsection (d) of this section, for fiscal year 2023, the Governor shall include in the annual budget bill a general fund appropriation of at least:
$16,790,700 for Bowie State University;
$9,000,000 for Coppin State University;
$24,003,200 for Morgan State University; and
$9,693,600 for University of Maryland Eastern Shore.
Subject to subsection (d) of this section, for each of fiscal years 2024 through 2031, the Governor shall include in the annual budget bill a general fund appropriation to the historically black colleges and universities as calculated under paragraph (2) of this subsection.
The funds provided under paragraph (1) of this subsection shall be allocated to each institution in an amount that is the greater of:
$9,000,000; or
The product of:
The percentage share of students enrolled during the immediately preceding academic year at each institution compared to the total number of students enrolled at all of the historically black colleges and universities; and
$57,700,000.
Subject to subsection (d) of this section, for fiscal year 2032, the Governor shall include in the annual budget bill a general fund appropriation equal to the difference of:
$577,000,000; minus
The sum of the total funds allocated for each of fiscal years 2023 through 2031 under this section.
The funds provided under subparagraph (i) of this paragraph shall be allocated to each historically black college and university in an amount that is equal to the product of:
The percentage share of students enrolled during the immediately preceding academic year at each institution compared to the total number of students enrolled at all of the historically black colleges and universities; and
The amount of general funds determined for fiscal year 2032 under subparagraph (i) of this paragraph.
At the end of each fiscal year, any unused funds provided under this section shall be distributed to the Historically Black Colleges and Universities Reserve Fund established under § 15–127 of this subtitle.
Funds provided under this section:
Shall be supplemental to, and may not supplant, funds appropriated to public institutions of higher education in the State budget;
May be used for the following purposes, as determined by the university receiving the funds:
Scholarships and financial aid support services;
Faculty recruitment and development;
Expanding and improving existing academic programs, including online programs;
Development and implementation of new academic programs, including online programs;
Academic support; and
Marketing; and
May not be included in the calculations of State funding under §§ 16–305, 16–512, and 17–104 of this article.
If the special account in the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article has a balance, the Governor shall use the balance to supplant the General Fund appropriation to the historically black colleges and universities required under this section.
On or before December 1 each year, beginning in 2023 and going through 2033, each historically black college or university shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate, the Speaker of the House, the House Appropriations Committee, and the Senate Budget and Taxation Committee on:
The uses of the funds in accordance with subsection (c)(2) of this section; and
Any new academic program developed with respect to:
Development costs;
Startup costs; and
Ongoing costs to maintain the program.
In this section, “Fund” means the Historically Black Colleges and Universities Reserve Fund.
There is a Historically Black Colleges and Universities Reserve Fund.
The purpose of the Fund is to provide reserve funding for Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore that is used for purposes consistent with the uses specified under § 15–128 of this title.
The Maryland Higher Education Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
The remainder of any funds unused at the end of a fiscal year that is distributed to the Fund under § 15–128 of this title;
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for the uses specified under § 15–128 of this title.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Money expended from the Fund for the uses specified under § 15–128 of this title is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the uses specified under § 15–128 of this title or any other funds appropriated to public institutions of higher education in the State budget.
In this section, “athletic program” means any intercollegiate athletic program at a public institution of higher education in the State.
The General Assembly finds and declares that:
Meeting the educational needs of student athletes should be the priority for intercollegiate athletic programs in the State; and
Providing adequate health and safety protections for student athletes can help prevent serious injury and death.
An athletic program shall adopt and implement:
Guidelines to prevent, assess, and treat serious sports–related conditions, including:
Brain injury;
Heat illness; and
Rhabdomyolysis;
Exercise and supervision guidelines for any student athlete who participates in an athletic program and is identified with potential life–threatening health conditions, including:
Sickle cell trait; and
Asthma; and
Return–to–play protocols for athletes who experience injury or illness during practice or play.
On or before October 1, 2021, and each October 1 thereafter, the University System of Maryland Intercollegiate Athletics Workgroup shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on student athletes in the University System of Maryland, including any student athlete policy changes at each institution related to the health and safety of student athletes.
On or before October 1, 2021, and each October 1 thereafter, Morgan State University and St. Mary’s College of Maryland shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on student athletes at each institution, including any student athlete policy changes at each institution related to the health and safety of student athletes.
In this section, “athletic program” means any intercollegiate athletic program at a public institution of higher education in the State.
The Commission, in collaboration with the Maryland Department of Health, shall develop guidelines for public institutions of higher education to train coaches to recognize indicators of mental illness and behavioral distress in students, including:
Depression;
Trauma;
Violence;
Youth suicide; and
Substance abuse.
A public institution of higher education that offers an athletic program shall provide training in accordance with the guidelines developed under subsection (b) of this section to each coach participating in the athletic program.
In this section the following words have the meanings indicated.
“Public institution of higher education” means:
The constituent institutions of the University System of Maryland; and
Morgan State University.
“Student athlete” means a college student who participates in an intercollegiate athletic program at a public institution of higher education.
“Student athlete” does not include a student who participates solely in intramural or club athletics.
A public institution of higher education may not:
Uphold any rule, requirement, standard, or other limitation that prevents a student athlete from earning compensation from the use of the student athlete’s name, image, or likeness; or
Reduce, rescind, or otherwise affect a student athlete’s scholarship because the student athlete earns compensation from the use of the student athlete’s name, image, or likeness.
An athletic association, a conference, or any other group or organization with authority over intercollegiate athletics, including the National Collegiate Athletic Association, may not prevent a student athlete from earning compensation as a result of the use of the student athlete’s name, image, or likeness.
An athletic association, a conference, or any other group or organization with authority over intercollegiate athletics, including the National Collegiate Athletic Association, may not prevent a public institution of higher education from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student athlete’s name, image, or likeness.
A public institution of higher education, an athletic association, a conference, or any other group or organization with authority over intercollegiate athletics may not:
Provide a prospective student athlete with compensation in relation to the student athlete’s name, image, or likeness; or
Prevent a student athlete from obtaining representation in relation to contracts or legal matters.
An athletic program contract of a public institution of higher education may not prevent a student athlete from using the student athlete’s name, image, or likeness for a commercial purpose when the student athlete is not engaged in official team activities.
An athletic program contract may prohibit a student athlete from engaging in in–person advertising for a third–party sponsor during official and mandatory team activities without prior approval from the institution’s athletic department.
A student athlete may not enter into a contract providing compensation to the student athlete for use of the student athlete’s name, image, or likeness if a provision of the contract is in conflict with a provision of the student athlete’s athletic program contract.
A student athlete who enters into a contract providing compensation to the student athlete for use of the student athlete’s name, image, or likeness shall disclose the contract to an official of the public institution of higher education, designated by the public institution of higher education.
Nothing in this section may be construed to grant a student athlete a right to make commercial use of names, trademarks, logos, or other intellectual property owned or controlled by a public institution of higher education.
If an institution of higher education provides an identification card to students, the institution:
Shall provide the telephone number for Maryland’s Helpline, or an on–campus crisis center that operates 24 hours a day and 365 days a year, on the card or on a sticker affixed to the card; and
May also provide the telephone numbers for the National Suicide Prevention Lifeline, the Crisis Text Line, the National Domestic Violence Hotline, or any on–campus crisis center on the card or on a sticker affixed to the card.
In this section the following words have the meanings indicated.
“Collaborative” means the Legal Education Success Collaborative.
“Maryland HBCU” means the following historically black colleges and universities:
Bowie State University;
Coppin State University;
Morgan State University; and
University of Maryland Eastern Shore.
“Scholars program” means:
The University of Baltimore School of Law and Historically Black Colleges and Universities Student Pipeline Cooperative scholars; and
The University of Maryland School of Law Diversity and Inclusion scholars.
“UB Law and HBCU Cooperative” means the University of Baltimore School of Law and Historically Black Colleges and Universities Student Pipeline Cooperative.
There is a Legal Education Success Collaborative between the University of Baltimore School of Law, the University of Maryland School of Law, and the Maryland historically black colleges and universities.
The purpose of the Collaborative is to increase diversity in the legal field through:
Financial support, academic success, professional development, and mentoring opportunities for students participating in the scholars program;
The UB Law and HBCU Cooperative that prepares Maryland HBCU students for law school and provides academic support and assistance to students in law school and throughout their legal careers; and
The University of Maryland School of Law Diversity and Inclusion scholars program.
The UB Law and HBCU Cooperative shall be developed and administered by the University of Baltimore School of Law.
The University of Maryland School of Law Diversity and Inclusion scholars program shall be developed and administered by the University of Maryland School of Law.
For fiscal year 2023 and each fiscal year thereafter:
The Governor shall include in the annual budget bill an appropriation of $125,000 to each scholars program at the University of Baltimore School of Law and the University of Maryland School of Law; and
The University of Baltimore School of Law and the University of Maryland School of Law each shall provide funding for the scholars program to match the amount provided under item (1) of this subsection, up to $125,000.
The money appropriated under subsection (e) of this section is supplemental to and may not supplant funding that would otherwise be appropriated for the scholars program, Maryland HBCUs, the University of Baltimore, or the University of Maryland, Baltimore Campus.
In this section, “prior learning examination” includes Advanced Placement Program examinations, International Baccalaureate Diploma Program examinations, Cambridge Advanced International Certificate of Education Diploma Program examinations, and College–Level Examination Program examinations.
On or before October 1, 2022, each public institution of higher education shall develop and implement policies and procedures for awarding academic credit for prior learning examinations.
The policies and procedures required under paragraph (1) of this subsection shall:
Except as provided in paragraph (3) of this subsection, accept for awarding academic credit:
A minimum score of 3 on Advanced Placement examinations; and
A minimum score of 50 on College–Level Examination Program examinations;
Determine the minimum required score for awarding academic credit on the Cambridge Advanced International Certificate of Education Diploma Program examination and the International Baccalaureate Diploma Program examination that is comparable to the minimum scores under item (i) of this paragraph;
Indicate the manner in which academic credit for prior learning examinations will be awarded for general education requirements, major requirements, and elective requirements; and
Include procedures related to the transfer of academic credits awarded from prior learning examinations to another public institution of higher education.
Policies and procedures required under this subsection may require a higher score on a prior learning examination than listed in paragraph (2)(i) of this subsection if the chief academic officer of the public institution of higher education provides evidence to the Commission that the higher score is necessary for a student to be successful in a particular course.
Each public institution of higher education shall:
Publicly post the policies and procedures required in subsection (b) of this section on the public institution of higher education’s website under the “Admissions” category; and
Submit the policy and procedures to the Commission.
The Commission shall post each public institution of higher education’s policies and procedures on the Commission’s website.
On or before December 31 each year, each public institution of higher education shall report to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the following metrics related to the immediately preceding academic year:
The total number of students awarded academic credit for prior learning examinations;
The total number of academic credits awarded to students for prior learning examinations;
The number of academic credits awarded to matriculating students for prior learning examinations and, of those credits:
The number of credits applied toward major requirements; and
The number of credits applied toward elective requirements; and
Any other information the Commission or the General Assembly requests.
The Commission shall adopt regulations to carry out this section.
In this section, “student athlete” means a student enrolled at a public institution of higher education who participates in an intercollegiate athletic program at the institution.
The governing body of a public institution of higher education shall allow a student athlete to modify the athletic or team uniform of the student athlete in a manner that makes the student athlete’s attire more modest to conform to:
The requirements or preferences of the student athlete’s religion or culture; or
The student athlete’s own preferences for modesty.
A student athlete may not be required to receive approval from a coach, an administrator, or the governing body of the public institution of higher education before making the uniform modification.
A modification to an athletic or team uniform may include the wearing of:
A head covering worn for religious reasons, including a Muslim hijab, Jewish kippah, or Sikh dastar;
An undershirt; or
Leggings.
A modification to an athletic or team uniform may not:
Interfere with the movement of the student athlete; or
Pose a safety hazard to the student athlete, other student athletes, or others.
A student athlete may modify the uniform headgear if the modified headgear:
Is black, white, the predominant color of the uniform, or the same color as that worn by all players on the team;
Does not cover any part of the face, unless required for the safety of the wearer;
Is not dangerous to the student athlete, other student athletes, or others;
Does not have opening or closing elements around the face or neck; and
Does not have parts protruding from its surface.
A student athlete is responsible for all costs associated with the modification of the student athlete’s athletic or team uniform under this section.
This subsection may not be construed to prohibit a public institution of higher education from providing the uniform modification to the student.
In this section, “public senior higher education institution” means:
The constituent institutions of the University System of Maryland;
Morgan State University; and
St. Mary’s College of Maryland.
“Public senior higher education institution” does not include:
The University of Maryland Center for Environmental Studies; or
The University of Maryland Global Campus.
Except as provided in subparagraph (ii) of this paragraph, on or before August 1, 2024, each public senior higher education institution, in consultation with students, shall develop and implement a reproductive health services plan to provide at the public senior higher education institution or to refer students to a comprehensive range of reproductive health services.
In lieu of developing and implementing a plan under subparagraph (i) of this paragraph, the University of Baltimore shall provide students with access to over–the–counter contraception through on–campus retail establishments or vending machines.
The plan required under paragraph (1) of this subsection shall include:
The provision of or referral to off–campus services for obtaining:
All methods of federal Food and Drug Administration–approved contraception, including prescription emergency contraception;
Prevention and treatment services for sexually transmitted infections, including HIV prevention; and
Abortion care services;
24–hour access to over–the–counter contraception through the student health center, retail establishments on campus, or vending machines;
The availability of evidence–based reproductive health education services provided by the student health center, peer educators, or other health education programs; and
Development of a referral network of off–campus reproductive health services providers, including pharmacies, located within a reasonable proximity to the campus.
A public senior higher education institution shall update the reproductive health services plan developed under this subsection each year.
The Maryland Department of Health, on request, shall provide assistance to a public senior higher education institution in developing a reproductive health services plan under this section.
Each public institution of higher education shall adopt a written policy that provides reasonable academic accommodations for students to practice sincerely held faith–based or religious beliefs.
The policy shall:
Provide an accommodation for a student, including excused absences, for a student to:
Observe faith–based or religious holidays; or
Participate in organized religious activities;
Provide that a student be allowed reasonable alternative accommodations for missing an examination or other academic requirements due to an excused absence under item (1) of this subsection if the student’s sincerely held faith–based or religious belief or practice affects the student’s ability to take an examination as scheduled or meet any other academic requirement; and
Include a grievance procedure to report noncompliance with the policy.
Except as provided in paragraph (2) of this subsection, each public institution of higher education is required to provide a space on campus to accommodate faith–based or religious practices.
This subsection does not apply to the University of Maryland Global Campus.
Each public institution of higher education shall post prominently on its website a copy of the policy adopted under this section.
In this section the following words have the meanings indicated.
“Community of interest” means a community in the State identified by a public senior higher education institution that has individuals from historically underrepresented groups, demographics, or geographic areas that the institution has determined are underrepresented in the enrollment of the institution or other institutions of higher education in the State.
“Targeted recruitment and outreach efforts” means efforts specifically identified by a public senior higher education institution and a community of interest to increase applications of students from the identified community of interest.
“Targeted recruitment and outreach efforts” includes:
Establishing partnerships with community–based organizations, local school systems, or specific high schools and the public senior higher education institution;
Attending college fairs;
Holding specific recruitment events in the community of interest;
Establishing a student ambassador program;
Holding college access workshops in the community of interest, with a focus on the admissions application process at the public senior higher education institution; and
Providing dedicated support services and staff for the community of interest during the application process.
This section does not apply to University of Maryland Global Campus.
Each public senior higher education institution shall adopt and annually update a written policy that identifies communities of interest in the State and the institution’s targeted recruitment and outreach efforts for the community of interest with the goal of meeting the principle of public higher education stated in § 10–202(7) of this article.
Each public senior higher education institution shall complete the targeted recruitment and outreach efforts identified in paragraph (1) of this subsection each year.
Except as provided in paragraph (2) of this subsection, on or before August 1, 2024, and each August 1 thereafter, each public senior higher education institution shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate and the Speaker of the House on:
The communities of interest identified by the institution;
The targeted recruitment and outreach efforts completed in the previous school year in each identified community of interest;
The targeted recruitment and outreach efforts planned for the next school year in each identified community of interest; and
Application and admission data for individuals in each identified community of interest.
The report submitted by an institution on or before August 1, 2024, is not required to include the information required in paragraph (1)(ii) of this subsection.
In this section, “extenuating circumstances” includes:
Illness;
Injury;
Hospitalization; and
Mental health and wellness.
Each public institution of higher education shall adopt a policy that authorizes a student to withdraw for extenuating circumstances.
The policy under paragraph (1) of this subsection shall include a provision to refund a student for tuition and fees paid by the student for the semester in which the student withdraws if the extenuating circumstances inhibit the student’s ability to acquire an education at the public institution of higher education, as defined in policy.
In this section the following words have the meanings indicated.
“Pregnant and parenting student” means a student enrolled at a public senior higher education institution or a community college who:
Is pregnant;
Exercises care, custody, or control over a child of any age; or
Shares parental responsibilities with someone in the same household or a different household.
“Public senior higher education institution” means:
The constituent institutions of the University System of Maryland;
Morgan State University; and
St. Mary’s College of Maryland.
“Public senior higher education institution” does not include:
The University of Maryland Center for Environmental Studies;
The University of Maryland Global Campus; or
The University of Baltimore.
The General Assembly finds that all students at an institution of higher education in the State, regardless of their gender, shall enjoy freedom from discrimination of any kind, including pregnancy discrimination as described in Title IX of the Education Amendments of 1972.
Each public senior higher education institution and community college shall adopt a plan regarding pregnant and parenting students that is consistent with Title IX of the federal Higher Education Act.
The plan required under paragraph (1) of this subsection shall include:
Referral to on–campus or off–campus services to assist regarding the availability of or eligibility for government assistance programs, including:
The Special Supplemental Nutrition Assistance Program for Women, Infants, and Children;
The Child Care Scholarship Program;
The Maryland Medical Assistance Program;
The Maryland Children’s Health Insurance Program; and
Any other programs, scholarships, or subsidies for pregnant and parenting students;
The provision of information about or referrals to resources regarding adoption services;
The availability of institutional accommodations for pregnant and parenting students; and
A referral network of on–campus and off–campus health care service providers.
On or before October 1, 2026, each public senior higher education institution and community college shall post the plan adopted under subsection (c) of this section on the institution’s website.
There is a board of community college trustees in each county that has one or more community colleges.
The governing body of any county that does not have a community college may request permission to establish one from the Maryland Higher Education Commission.
On recommendation of the Commission, the Governor shall appoint a board of community college trustees for that county.
Except as provided in Subtitle 4 of this title, each board is composed of seven members appointed by the Governor, with the advice and consent of the Senate.
Except as provided in Subtitle 4 of this title, each member serves for a term of 6 years from July 1 of the year the appointment is made and until a successor is appointed and qualifies. These terms are staggered, and of the initial appointments to a board, five shall be for terms of 1 to 5 years respectively, and two shall be for terms of 6 years.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
A member may be reappointed.
Each board of trustees:
Shall elect one of its members as its chair;
Except as provided in § 16–105(g) of this subtitle, shall choose the president of one of the county community colleges to serve as secretary–treasurer of the board; and
May elect any other officer it requires.
Each board shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Maryland Higher Education Commission, each board of community college trustees has the powers and duties set forth in this section.
With the approval of the Maryland Higher Education Commission, each board of trustees may establish and operate one or more community colleges.
Each board of trustees shall exercise general control over the community college, keep separate records and minutes, and adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.
Each board of trustees may fix the salaries and tenure of the president, faculty, and other employees of the community college.
Each board of trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the community college.
Each board of trustees may sell, lease, or otherwise dispose of community college assets or property.
Except as provided in § 16–105(h) of this subtitle, the president of the community college and the chair of the board of trustees may execute a conveyance or other legal document under an appropriate resolution of the board.
Each board of trustees may:
With the approval of the Commission, permit the county board of education to use the lands, buildings, or other facilities of the community college; and
With the approval of the county board of education, use any land, buildings, assets, or other facilities of the county board of education.
Each board of trustees may apply for and accept any gift or grant from the federal government or any other person.
Subject to the minimum standards of the Commission, each board of trustees may determine entrance requirements and approve offerings that consist of:
Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;
Career programs offering technical, vocational, and semiprofessional education; and
Continuing education programs.
Each board of trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified individuals at low cost.
Each board of trustees may sue and be sued.
Each board of trustees may make agreements with the federal government or any other person, including agreements between counties to support a regional community college, if the board considers the agreement advisable for the establishment or operation of the community college.
Except as provided in § 16-105(i) of this subtitle, each board of trustees shall be styled “the board of trustees of ................. community (or junior) college”.
Each board of trustees may adopt a corporate seal.
Except as provided in § 16–105 of this subtitle, each board of trustees shall appoint a president of each community college under its jurisdiction.
The president:
Shall report directly to the board of trustees;
Shall recommend the appointment by the board of qualified faculty members and other employees necessary for the efficient administration of the community college;
Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;
Is responsible for the conduct of the community college and for the administration and supervision of its departments; and
Shall attend all meetings of the board, except those involving the president’s personal position as president.
Notwithstanding the provisions of § 16-104 of this subtitle, the provisions of this section shall apply only in Baltimore County.
There is a Community College of Baltimore County consisting of the following three campuses:
The Catonsville Campus;
The Dundalk Campus; and
The Essex Campus.
The Board of Trustees for Baltimore County shall appoint a President of the Community College of Baltimore County who shall serve at the pleasure of the Board.
The President:
Shall report directly to the Board of Trustees;
Shall recommend the appointment by the Board of qualified faculty members and other employees necessary for the efficient administration of the Community College of Baltimore County;
Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;
Is responsible for the administration and supervision of the administrators, employees, and departments of the campuses of the Community College of Baltimore County in accordance with the policy manual of the Community College of Baltimore County as adopted from time to time by the Board of Trustees; and
Shall attend all meetings of the Board, except those involving the President’s personal position.
Upon the recommendation of the President, the Board of Trustees may appoint a vice president, provost, and administrator of each campus under its jurisdiction.
The vice presidents, provosts, and administrators of each campus shall report directly to the President.
Notwithstanding the provisions of § 16-102(a)(2) of this subtitle, the Board of Trustees may choose the President to serve as Secretary-Treasurer of the Board.
Notwithstanding the provisions of § 16-103(f)(2) of this subtitle, the Board of Trustees may, by resolution, authorize the President to sign legal documents on behalf of the Board of Trustees including documents related to the disposition of assets or property of the community college.
The resolution may:
Authorize the President to delegate the authority given to the President under paragraph (1) of this subsection to designees that the Board of Trustees considers appropriate; and
Limit the type of legal documents that the President may delegate to a designee for signature.
Notwithstanding the provisions of § 16-103(m) of this subtitle, the Board of Trustees shall be styled “the Board of Trustees of the Community College of Baltimore County”.
Any full–time classified employee of a community college who enrolls, during his nonworking hours, in any class at the community college that has at least 10 regularly enrolled students:
Is exempt from payment of tuition; and
May not be counted in computing full–time equivalent enrollment at the community college under § 16–305 of this title.
In this subsection, “tuition” means the basic instructional charge for courses offered at a community college.
“Tuition” does not include:
Any fees or costs associated with a self–supporting program; or
Any fees for:
Registration;
Application;
Administration; or
Laboratory work.
Except as provided in paragraph (3) of this subsection, any resident of this State who is 60 years old or older and who enrolls in any class, which is eligible under § 16–305 of this title for State support, at the community college:
Shall be exempt from payment of tuition; and
Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title if enrolled in any class that is eligible for State support.
A community college is required to waive the tuition for a course for senior citizens under this subsection only when course space is available.
This subsection may not be construed to prohibit a community college board of trustees from offering senior citizens other educational opportunities free of charge, provided that the senior citizen is not counted in computing full–time equivalent enrollment for the purpose of receiving State support.
Any resident of this State who is out of the work force by reason of total and permanent disability who enrolls at a community college in a class that has at least 10 regularly enrolled students:
Is exempt from payment of tuition:
For up to 6 credits per semester or up to 12 credits per semester if the individual is enrolled in classes as part of a degree or a certificate program designed to lead to employment; or
For continuing education instruction designed to lead to employment, including life skills instruction; and
Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title.
In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection shall provide the community college with certification from the Social Security Administration, the Railroad Retirement Board, or in the case of a former federal employee, from the individual’s federal retirement or pension authority of the individual’s:
Total and permanent disability; and
Receipt of disability or retirement benefits based on a standard that is at least as stringent as the standard applied by the Social Security Act.
Certification from the Social Security Administration of an individual’s receipt of disability or retirement benefits under either Title II or Title XVI of the federal Social Security Act shall satisfy the requirement in paragraph (2)(ii) of this subsection.
In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection and is enrolled in a degree or certificate program shall submit a timely application for any State or federal student financial aid, other than a student loan, for which the student may qualify.
Any student financial aid, other than a student loan, received by the student shall be applied first to pay the student’s tuition.
Under this exemption, the waiver shall apply to the difference, if any, between the charge for tuition and the financial aid award, not including a student loan, that the student receives.
On request, the community college shall assist any individual required to submit an application for State or federal student financial aid under this paragraph.
Each board of trustees may carry comprehensive liability insurance to protect the board, its agents and employees, and the agents and employees of any community college under its jurisdiction. The purchase of the insurance is for an educational purpose and is a valid educational expense.
The Commission may adopt standards for the policies, including a minimum liability coverage which may not be less than $100,000 per occurrence. Any policy purchased after the adoption of these standards shall conform to them.
Each board of trustees complies with this section if it is self–insured, for at least $100,000 and not more than $500,000 per occurrence, under the rules and regulations of the State Insurance Commissioner.
This section does not prevent any board of trustees, on its own behalf, from raising the defense of sovereign immunity described under § 5–519 of the Courts Article.
A board of trustees may submit to the Commission a request for proposals for the offering of a baccalaureate degree program not currently offered in the region.
The Commission shall distribute the request for proposals to public senior higher education institutions and private nonprofit institutions of higher education.
Before submitting a request for proposals under subsection (a) of this section, the board of trustees shall:
Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region;
Determine the regional or statewide need for graduates of each program for which a request for proposals is submitted;
Identify the enrollment patterns, special characteristics of students, and other unique circumstances that would require a program to be offered in a particular manner; and
Determine that the degree program is necessary to meet the academic and economic development needs of the region or State.
The board of trustees may submit the request for proposals to out–of–state senior higher education institutions and for–profit institutions of higher education if none of the senior higher education institutions in the State submit an acceptable response to the request for proposals submitted under subsection (a) of this section.
Notwithstanding § 11–206(b)(2)(ii) of this article, before offering a degree program that is the subject of the request for proposals, an out–of–state senior higher education institution or for–profit institution of higher education shall seek the approval of the Commission under Title 11, Subtitle 2 of this article.
The Commission shall adopt regulations to implement the requirements of this section.
Each community college shall:
Ensure all student advisors are trained on the unique needs and resources available for students who are:
Veterans; or
Spouses of veterans;
Employ at least one employee who, as a component of the employee’s job duties and responsibilities, provides comprehensive and intensive enrollment and advising services to current and prospective students who are:
Veterans; or
Spouses of veterans; and
Establish a veterans resource center on campus to:
Provide access to federal and State veterans and spouses of veterans resources;
Serve as a quiet place for veterans and spouses of veterans to study;
Enable veterans and spouses of veterans to connect to other veterans and spouses of veterans, helping them renew the bonds of service; and
Be the central hub for all activities on campus related to veterans and spouses of veterans.
In this section, “student athlete” means a student enrolled at a community college who participates in an intercollegiate athletic program at the community college.
The board of community college trustees at a community college shall allow a student athlete to modify the athletic or team uniform of the student athlete in a manner that makes the student athlete’s attire more modest to conform to:
The requirements or preferences of the student athlete’s religion or culture; or
The student athlete’s own preferences for modesty.
A student athlete may not be required to receive approval from a coach, an administrator, or the board of community college trustees before making the uniform modification.
A modification to an athletic or team uniform may include the wearing of:
A head covering worn for religious reasons, including a Muslim hijab, Jewish kippah, or Sikh dastar;
An undershirt; or
Leggings.
A modification to an athletic or team uniform may not:
Interfere with the movement of the student athlete; or
Pose a safety hazard to the student athlete, other student athletes, or others.
A student athlete may modify the uniform headgear if the modified headgear:
Is black, white, the predominant color of the uniform, or the same color as that worn by all players on the team;
Does not cover any part of the face, unless required for the safety of the wearer;
Is not dangerous to the student athlete, other student athletes, or others;
Does not have opening or closing elements around the face or neck; and
Does not have parts protruding from its surface.
A student athlete is responsible for all costs associated with the modification of the student athlete’s athletic or team uniform under this section.
This subsection may not be construed to prohibit a community college from providing the uniform modification to the student.
In this section, “over–the–counter contraception” means a contraceptive drug or device approved by the federal Food and Drug Administration that can be obtained for use without a prescription.
On or before August 1, 2025, each community college, in consultation with students and student organizations, shall develop and implement a plan to provide students with access to all methods of over–the–counter contraception.
The plan under paragraph (1) of this subsection shall include access to over–the–counter contraception through:
The student health center;
Retail establishments on campus;
Vending machines; or
Any other method that provides all students access when on campus.
The Maryland Department of Health, on request, may provide assistance to a community college in:
Developing a plan under this section; and
Consulting and collaborating with organizations with expertise in providing access to over–the–counter contraception through vending machines.
The provisions of this title apply to any regional community college, unless the context requires otherwise.
Two or more counties may agree to establish a region and to support a regional community college.
The Commission may authorize a regional community college for the region.
In this subsection, “county board of community college trustees” means:
The board of community college trustees, if any; or
The county board of education in any county that does not have a board of community college trustees.
Except as otherwise provided in this subsection, the county boards of community college trustees for each county in a region constitute the board of regional community college trustees.
If the counties in a region have different numbers of members on their county board of community college trustees, each county board of community college trustees shall elect, to serve as regional community college trustees, the number of its members equal to the number of members on the smallest board of community college trustees in the region.
A board of regional community college trustees:
May not have more than 12 members; and
Shall have an equal number of members from each county in the region.
If requested to do so by a county government, the Governor shall appoint the regional community college trustees from that county.
The county superintendent of each county in the region is, ex officio, a member of the board of regional community college trustees, and shall attend meetings but may not vote.
Each board of regional community college trustees shall:
Elect one of its members as its chair;
Designate the president of the regional community college as its secretary–treasurer; and
Determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
Any board of regional community college trustees established under subsection (b) of this section may request the Governor to appoint a new board.
After a request is made, the Governor, with the advice and consent of the Senate, shall appoint seven individuals to the new board.
The initial members shall be appointed as provided in § 16-101 of this title.
The Commission shall determine and certify the amount that each county that supports a regional community college shall pay as its share of the “county share” required by § 16–305 of this title. The amount shall be determined by applying to the total county share the ratio that the number of full–time equivalent students from the county who attend the regional community college bears to the total number of full–time students who attend the regional community college from all counties that support the regional community college.
Each county that supports a regional community college shall bear as its share of any borrowing for the regional community college the amount that results from applying to the total amount of the borrowing the ratio that the county’s population, as determined by the Maryland Department of Health, bears to the total population of all the counties that support the regional community college.
Each year, the board of trustees and the president of each community college shall prepare and submit to the county governing body or, in the case of a regional community college, the county governing body of each county that supports the regional community college:
An operating budget;
A capital budget; and
If required by local law, charter, or regulation, a long-term capital improvement program.
The operating budget shall show:
All revenues estimated for the next fiscal year classified by funds and sources of income, including:
Any funds from federal, State, and local sources; and
Any surpluses;
All expenditures requested, including the major functions listed under § 16-304(b); and
Any other information or supporting data required by the county governing body.
The capital budget and any long-term capital improvement program shall contain a statement of all capital revenues and expenditures.
The capital and operating budgets shall be prepared and considered in accordance with county fiscal procedures not inconsistent with State law.
The county governing body shall review and approve the budget of the community college and may reduce it.
The county governing bodies of the counties that support a regional community college jointly shall review the budget of the regional community college and may reduce it.
Approval of the budget by a majority of the counties that support a regional community college constitutes approval of the budget and binds all the counties.
The budget of each community college, as approved by the county governing body under this section shall be submitted to the Commission for informational purposes.
Proposals for capital projects shall be submitted to the Department of Budget and Management through the Commission.
Notwithstanding any other provisions of this subtitle, and subject to funds being appropriated, the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, the College of Southern Maryland, Chesapeake College, Frederick County, Garrett County, Hagerstown Community College, Harford County, Howard County, Montgomery County, Prince George’s County, or Wor–Wic Community College may borrow money to acquire an interest in personal property, including fixtures, for the operation of the community college, on terms and conditions that the Board of Trustees considers proper.
A borrowing under this section may be secured by the personal property acquired or revenues derived from the property.
All multiyear financing agreements reflecting borrowing under this section shall be subject to cancellation by the Board of Trustees at the end of a fiscal year if sufficient funds are not appropriated to fund the agreement in subsequent years.
Borrowing under this section does not create or constitute a debt or obligation of the State or any political subdivision of the State other than a community college.
Borrowing under this section does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
This subsection does not apply to the Board of Community College Trustees for Garrett County.
Borrowing under this section shall be for the use of financing intermediate term lease purchasing agreements.
The term of any lease purchase agreement entered into under this section may not exceed the estimated life of the equipment subject to the financing agreement.
The Board of Community College Trustees for Garrett County may enter into a lease purchase agreement if the lease purchase agreement is consistent with the provisions of this section.
The term of any lease purchase agreement entered into by the Board of Community College Trustees for Garrett County may not exceed the estimated life of the equipment subject to the financing agreement.
In this section the following words have the meanings indicated.
“Authority” means the Maryland Health and Higher Educational Facilities Authority established under Title 10, Subtitle 3 of the Economic Development Article.
“Board” means:
A board of community college trustees established under § 16–101 of this title;
A board of regional community college trustees established under § 16–202 of this title;
The Board of Trustees of the Baltimore City Community College established under § 16–504 of this title; and
The Board of Trustees of the College of Southern Maryland established under § 16–604 of this title.
“Cost” means the cost of:
Acquisition of a project or any interest in a project;
Installation of a project, including any demolition, construction, reconstruction, or renovation directly related to a project;
Financing charges associated with a project;
Interest before and during acquisition of a project and, if deemed advisable by the board, for a period of up to 1 year after completion of acquisition of a project;
Interest and reserves for principal and interest and for maintenance and repair of a project;
Architectural, engineering, financial, and legal services associated with a project;
Plans, specifications, studies, surveys, and estimates of costs and revenues for a project;
Administrative expenses necessary or incident to determining the feasibility or practicability of a project; and
Other expenses that are necessary or incident to the acquisition of a project, the financing or refinancing of the acquisition of a project, and the placing of a project in operation.
“Governing body” means:
The county council of a county with a charter form of government established under Article XI–A of the Maryland Constitution; or
The board of county commissioners of any other county.
“Note” means a note, bond, lease, purchase agreement, or other evidence of obligation.
“Project” means equipment, machinery, and other personal property, whether or not in the nature of fixtures, essential or convenient for the operation of a community college.
“Project” includes licenses and other rights acquired by a board for the use of equipment, machinery, and other personal property described in subparagraph (i) of this paragraph.
A board may finance or refinance the costs of a project by entering into an agreement with the Authority that is evidenced by a note or notes issued by the board if, prior to the issuance of any note, the board and the governing body of each county that supports a community college governed by the board adopts a resolution that meets the requirements of subsection (c) of this section.
Prior to the issuance of any note under this section, a board and the governing body of each county that supports a community college governed by the board shall each adopt a resolution that authorizes the board to finance or refinance the costs of a project by entering into an agreement with the Authority.
The resolution shall:
Generally describe the project to be financed or refinanced;
Specify the maximum aggregate principal amount of any note issued pursuant to the agreement; and
Impose any terms or conditions on the issuance of a note that the board or governing body deems appropriate.
A resolution adopted under this subsection is administrative in nature and not subject to:
Procedures required for legislative acts; or
Referendum.
A board may enter into any agreement necessary or appropriate in connection with the issuance of any note, including an agreement to provide:
Additional credit or liquidity support for a note or a bond issued by the Authority on its behalf; and
A fixed interest rate or maximum interest rate for a variable rate note or a bond issued by the Authority on its behalf.
If the board enters into an agreement authorized under paragraph (1) of this subsection, the agreement may include provisions that:
Grant a security interest in a project for which a note is issued or pledge all or part of the fees, charges, and other revenues received from or in connection with a project to the payment of a note;
Allow for the investment and reinvestment of the proceeds of a note until the proceeds are used for the purposes for which the note was issued;
Govern the disposition of any excess proceeds and the investment earnings on any excess proceeds; and
Require that the board operate and maintain all or a portion of the project regardless of whether the fees, charges, and other revenues received from or in connection with the project are sufficient to cover the cost of operating or maintaining all or a portion of the project.
The board shall specify or authorize the chair or other member of the board to specify:
The principal amount of a note;
The rate or rates of interest payable on a note or the method of determining the rate or rates of interest payable on a note;
Subject to paragraph (2) of this subsection, the date of maturity of a note, the payment provisions of a note, and the optional and mandatory prepayment provisions of a note, including any mandatory sinking fund installments for the note; and
Other matters, details, forms, documents, and procedures relating to the authorization, issuance, execution, sale, delivery, and payment of a note and the security for a note.
The date of maturity for a note may not exceed the useful life of the project for which the note is issued.
A note shall be executed on behalf of the board by the manual or facsimile signature of the chair of the board or other member of the board authorized by resolution of the board.
If the individual whose signature or countersignature appears on a note ceases to be a member of the board before delivery of the note, the individual’s signature or countersignature shall be valid and sufficient for all purposes the same as if the individual had remained a member of the board until delivery.
The principal amount of a note, the interest payable on a note, the transfer of a note, and any income derived from the transfer of a note, including any profit made on the sale or transfer of a note, shall be exempt from taxation by the State and any county or municipality in the State.
A note issued under this section does not create or constitute a debt or obligation of the State or any county or municipality in the State and does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
If requested by the Authority, the State Comptroller shall withhold from any installment due the board from the State’s General Fund appropriation money for deposit to the credit of a sinking fund maintained to pay a note in an amount up to the total amount payable on the note and any agreements entered into in accordance with this section in the current fiscal year and the next succeeding fiscal year.
This section provides additional, alternative, and supplemental authority in relation to powers conferred upon a board under any other existing law and may not be regarded as in derogation of or as a limitation to any existing power of a board.
Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Howard County, Montgomery County, or Prince George’s County prior to October 1, 1992 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.
Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, or Frederick County or the Board of Trustees of Chesapeake College before June 1, 1997 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.
Each county governing body may appropriate money to pay the cost of establishing and operating a community college or regional community college.
The county governing body shall make appropriations by major functions established by the Commission.
The major functions established by the Commission shall conform generally to those contained in the then-current College and University Industry Audit Guide issued by the American Institute of Certified Public Accountants.
A community college may not spend more on any major function than the amount appropriated for it.
Transfers of appropriations between major functions shall be submitted in writing and approved by the county governing body before they are made, and if the county governing body fails to act on a request for a transfer within 30 days, the request automatically is approved as requested; and
Except in Baltimore City, where the provisions of the city charter govern, transfers of appropriations within a major function may be made at the direction of the board of trustees and the county governing body shall be notified within 30 days of the transfer.
Each county governing body may borrow money to purchase land and construct capital improvements for a community college. Money may be borrowed on terms and conditions the county governing body considers proper, subject to any requirements of local law applicable to the creation of public debt.
Except in Baltimore City and Anne Arundel County, where the provisions of the appropriate charter govern, each county governing body may appropriate money to establish a reserve fund for future plant maintenance and repair at a community college.
If a reserve fund for future plant maintenance and repair is established, it shall be treated as an additional major function for the purposes of this section.
Expenditures from the reserve fund for maintenance and repair may not be made unless approved in the same manner as the budget of the community college is approved.
Funds appropriated under this subsection may not be considered “current expenses” for purposes of § 16-305(c)(2) of this subtitle.
The formula used for the distribution of funds to the community colleges in the State shall be known as the Senator John A. Cade Funding Formula.
In this section the following words have the meanings indicated.
“Assessed valuation of real property” means assessed valuation of real property as determined for purposes of the State aid calculated under § 5–202 of this article.
“Board” means:
In a county that has one or more community colleges, the board of community college trustees for the county; or
Where two or more counties establish a region to support a regional community college, the board of regional community college trustees.
“Community college” means a community college established under this title but does not include Baltimore City Community College.
“County share” means the total amount of money for operating funds to be provided each fiscal year to a board by the county that supports the community college or colleges or, in the case of a regional community college, the total amount of money for operating funds to be provided each fiscal year to the board by all counties that support the regional community college.
“Direct grants” means the sum of the following components of the State share:
Base costs; and
Size factor.
“Full–time equivalent student” for each community college is the greater of:
The quotient of the number of student credit hours produced in the fiscal year 2 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission; or
The 3–year moving average quotient of the number of student credit hours produced in the fiscal years 2 years prior, 3 years prior, and 4 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission.
“Population” means population as determined for purposes of calculating the State share of the library program using the definition in § 23–501 of this article.
“Region” means the counties supporting a regional community college established under Subtitle 2 of this title.
“Small community college” means:
Allegany College of Maryland;
Garrett College;
Hagerstown Community College;
Carroll Community College;
Cecil Community College;
Chesapeake College; or
Wor–Wic Community College.
“State share” means the amount of money for community college operating funds to be provided each fiscal year to a board by the State.
“State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.
“Student credit hours” means student credit hours, including those earned by a P–TECH student as provided in § 7–1804(c) of this article, or contact hours, which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.
“Total State operating fund” means the sum of community college State appropriations for direct grants.
Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, the total State operating fund per full–time equivalent student to the community colleges for each fiscal year as requested by the Governor shall be:
In fiscal year 2009, not less than an amount equal to 26.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;
In fiscal year 2010, not less than an amount equal to 23.6% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2011, not less than an amount equal to 21.8% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2012, not less than an amount equal to 20% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2014, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;
In fiscal year 2015, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;
In fiscal year 2017, not less than an amount equal to 20.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2018, not less than an amount equal to 21.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2019, not less than an amount equal to 22.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2020, not less than an amount equal to 23% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2021, not less than an amount equal to 25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2022, not less than an amount equal to 27% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2023 and fiscal year 2024, not less than an amount equal to 29% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and
In fiscal year 2025 and each fiscal year thereafter, not less than an amount equal to 27.2% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.
For purposes of this subsection, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:
Noncapital appropriations from the Higher Education Investment Fund; and
Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.
Notwithstanding the provisions of subparagraph (i) of this paragraph, the total State operating funds to be distributed under this subsection to the community colleges for each of fiscal years 2011 and 2012 shall be $194,407,432.
In fiscal year 2013, the total State operating funds for community colleges shall be $199,176,114, to be distributed as follows:
Allegany College $4,773,622;
Anne Arundel Community College $27,235,329;
Community College of Baltimore County $34,398,366;
Carroll Community College $6,851,515;
Cecil Community College $4,645,751;
College of Southern Maryland $10,902,580;
Chesapeake College $5,675,815;
Frederick Community College $8,145,648;
Garrett College $2,246,709;
Hagerstown Community College $6,965,064;
Harford Community College $9,990,806;
Howard Community College $12,584,485;
Montgomery College $35,998,553;
Prince George’s Community College $22,013,074; and
Wor–Wic Community College $6,748,796.
In fiscal year 2016, the total State operating funds for community colleges shall be $222,744,620, to be distributed as follows:
Allegany College $4,850,443;
Anne Arundel Community College $28,715,483;
Community College of Baltimore County $38,637,668;
Carroll Community College $7,345,653;
Cecil Community College $5,108,064;
College of Southern Maryland $13,017,885;
Chesapeake College $6,142,473;
Frederick Community College $8,975,284;
Garrett College $2,561,002;
Hagerstown Community College $7,620,412;
Harford Community College $10,865,634;
Howard Community College $15,723,055;
Montgomery College $40,000,786;
Prince George’s Community College $26,072,537; and
Wor–Wic Community College $7,108,241.
The State share shall be distributed to each board and shall be limited by the provisions of subsection (d) of this section.
Subject to subsection (d) of this section, the total State share for each board shall be the sum of:
The base costs component; and
The size factor component.
For each board, the base costs component shall be the total State operating fund per full–time equivalent student to the community colleges.
The size factor component shall be the year’s total State operating fund multiplied by 2%.
Except as provided in subparagraph (iii) of this paragraph, the funds available for the size factor component shall be divided and distributed equally to each board that operates a community college or colleges at which the total number of full–time equivalent students is less than or equal to 80% of the statewide median.
Beginning with the first fiscal year that a board no longer meets the eligibility requirements under subparagraph (ii) of this paragraph, the board shall continue to receive a percentage of the size factor component that the board received in the last fiscal year for which the board was eligible, as follows:
80% for the first fiscal year;
60% for the second fiscal year;
40% for the third fiscal year;
20% for the fourth fiscal year; and
0% for the fifth and each subsequent fiscal year.
The distributions required under subparagraph (ii) of this paragraph shall be made from the remaining funds available for the size factor component after any distributions required under this subparagraph.
In determining the eligibility of a board for a size factor component, the number of full–time equivalent students at all campuses and colleges operated by the board shall be added together.
Any employer Social Security contributions required by federal law for any employee of a board of community college trustees shall remain the obligation of the employer.
The State contribution to retirement and fringe benefit costs is not included in the calculations of amounts under this subsection.
In each fiscal year, in order for a board to receive an increase in the State share of support, the county share, in the aggregate, that supports the community college or colleges shall equal or exceed the aggregate amount of operating fund appropriations made to the board by the county or all of the counties supporting the college in the previous fiscal year.
For fiscal years 2027 through 2029, the State share, as determined under subsection (c)(3) of this section, may not exceed an increase of 3% over the State share provided to each community college in the immediately preceding fiscal year.
Beginning in fiscal year 1996, a grant in the amount provided in paragraph (2) of this subsection shall be distributed to each board in order to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.
To qualify for a grant under this subsection, each participant in the program shall be a student:
Born outside of the United States or whose native language is not English;
Who comes from an environment where a language other than English is dominant; or
Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.
Subject to the provisions of subparagraph (ii) of this paragraph, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a county ESOL program and at the community college.
The total amount of the grants under this paragraph may not exceed $8,000,000 for any fiscal year.
If, for any fiscal year, the total amount of the grants calculated under subparagraph (i) of this paragraph would exceed $8,000,000, then each grant shall be prorated by the amount necessary to reduce the total amount of the grants to $8,000,000.
If the amount that is appropriated to a board under this subsection for any fiscal year is more than the actual cost of providing ESOL programs to students enrolled at the community college in that county or region, the excess funds shall be paid back to the State and credited to the General Fund of the State.
A board may not transfer State funds received under this subsection to any other program or category.
Subject to the provisions of paragraph (2) of this subsection, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.
Unrestricted grants in the amounts specified in this subsection shall be distributed to the board of each small community college.
Subject to paragraph (5) of this subsection, for fiscal years 2003 through 2018, unrestricted grants shall be distributed as follows:
$500,000 to Allegany College of Maryland;
$500,000 to Garrett College;
$500,000 to Hagerstown Community College;
$250,000 to Carroll Community College;
$250,000 to Cecil Community College;
$250,000 to Chesapeake College; and
$250,000 to Wor–Wic Community College.
Beginning in fiscal year 2019 and for each fiscal year thereafter, subject to paragraph (5) of this subsection, unrestricted grants shall be distributed as follows:
$851,300 to Allegany College of Maryland;
$851,300 to Garrett College;
$851,300 to Hagerstown Community College;
$851,300 to Carroll Community College;
$851,300 to Cecil Community College;
$851,300 to Chesapeake College; and
$851,300 to Wor–Wic Community College.
Beginning in fiscal year 2003 and in each fiscal year thereafter, in addition to the amounts specified in paragraph (2) or (3) of this subsection, the boards of Allegany College of Maryland and Garrett College shall receive the following unrestricted grants:
$360,000 to Allegany College of Maryland; and
$240,000 to Garrett College.
The grant amounts specified in paragraph (2) or (3) of this subsection shall increase in fiscal year 2004 and each fiscal year thereafter by the same percentage as the percentage increase in funding per full–time equivalent student to the 4–year public institutions of higher education in the State, as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in that fiscal year.
Subject to paragraph (2) of this subsection, a public junior or community college shall reimburse the State annually for the employer contributions made by the State for an employee who:
Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and
Is receiving a salary funded by a source other than State or local aid.
To the extent that an employee’s salary is funded in part by sources other than State or local aid, the public junior or community college shall reimburse the State a pro rata share of the State’s payment based on the percentage of the employee’s salary funded by a source other than State or local aid.
To ensure that the public junior or community college is properly reimbursing the State as provided under subsection (a) of this section, the Commission or, at the Commission’s request, a public junior or community college may at any time examine the records of public junior or community colleges to determine whether the State’s payments for retirement contributions for employees of the public junior or community colleges are in accordance with the provisions of Division II of the State Personnel and Pensions Article.
An audit conducted under paragraph (1) of this subsection may be:
Included with an existing annual financial audit as a supplemental part and tested independently;
Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or
Conducted as a separate independent audit.
If an examination of the records of a public junior or community college shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the junior or community college of the State overpayment, the junior or community college may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner.
The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment.
If a public junior or community college does not appeal to the Secretary of Budget and Management or if the Secretary of Budget and Management determines that the State is due reimbursement for excess payments, as provided in paragraph (1) of this subsection, at the request of the Commission the money owed shall be deducted from any other State funds that would otherwise be paid to the public junior or community college.
For purposes of the Administrative Procedure Act, an appeal taken under this section is not a contested case.
Any reimbursements under subsection (a) of this section:
Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the Commission or the public junior or community college for the expenses of the audits; and
After reimbursement to the Commission or the public junior or community college under item (i) of this paragraph, shall be credited to the General Fund.
If an audit under this section is performed by a public junior or community college, before the public junior or community college is reimbursed under paragraph (1)(i) of this subsection, the public junior or community college shall provide documentation to the Commission that the incremental costs of the audit incurred by the public junior or community college are reasonable.
The Commission shall submit a budget request to the Governor on or before October 10 of each year calculated by using the formulas in § 16-305 of this subtitle.
Each year, the Commission shall certify to the State Comptroller:
On or before July 31 and November 30 one-fourth of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees;
On or before March 31 one-half of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees; and
After the annual audit of each community college, any discrepancy between the payments made and the actual State share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for in the November payment.
Within 5 days after the State Comptroller receives a certification from the Commission, the State Comptroller shall draw a warrant on the State Treasurer for the amount due each board of trustees. The State Treasurer immediately shall pay the amount due to the board of trustees of the community college.
The Commission shall certify to the treasurer of each county:
On or before September 30 and March 31 of each year, one half of the amount it estimates to be the county’s share under § 16-305 of this subtitle; and
After the annual audit of each community college, any discrepancy between the payments made and the actual amount of the county’s share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for during the fiscal year.
Except as provided in paragraph (2) of this subsection, within 5 days after it receives a certification from the Commission, the county shall pay the amount due to the board of trustees of the community college.
The board of trustees of a community college and the governing body of a county may agree in writing to a payment schedule for the county’s share under § 16-305 of this subtitle. If, prior to the 5th day after receiving notification from the Commission, there is a payment schedule agreed to in accordance with this paragraph, the county shall make payments in accordance with that schedule. If a county fails to make a payment in accordance with the schedule, all amounts certified by the Commission but not yet paid by a county shall become due and payable immediately.
Subject to paragraphs (2), (3), (4), (5), (6), and (7) of this subsection and subsection (f) of this section, any student who attends a community college in this State and is not a resident of this State shall pay, in addition to the student tuition and fees payable by a county resident, an out–of–state fee, at least equal to:
60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle; and
The marginal cost component of the State share per full–time equivalent student as determined under § 16–305(c)(5) of this subtitle.
Each board of trustees of a community college with a service area that borders another state may set an out–of–state fee in accordance with subparagraph (ii) of this paragraph for any student who resides in an out–of–state county that borders the community college’s service area.
The fee described in subparagraph (i) of this paragraph:
Shall be more than the out–of–county fee as determined in subsection (b)(1) of this section; and
May be less than the out–of–state fee as determined in paragraph (1) of this subsection.
Any student attending a community college in this State who pays a fee as provided in this paragraph may not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.
A resident of the state of West Virginia who attends Garrett College under a negotiated reciprocity agreement between the states of Maryland and West Virginia is an in–county resident for tuition purposes.
For each full–time equivalent student participating in the reciprocity agreement, the State shall pay to Garrett College an amount equal to the net State support per full–time equivalent student as provided in § 16–305 of this subtitle. For any fiscal year, if State appropriations for reimbursement of any reciprocity agreements under this paragraph do not provide sufficient funds to fully reimburse the college, the Governor shall include in the budget bill for the next fiscal year a deficiency appropriation to provide the additional funds to fully reimburse the college.
The Commission may make payments to effectuate the provisions of this paragraph from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.
The payments authorized by this paragraph are in addition to the State operating fund to community colleges authorized in § 16–305(c) of this subtitle.
Any student attending a community college in this State who is not a resident of this State and is enrolled in an education program leading to licensure in nursing shall be included as an in–county resident for tuition purposes and shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.
The student shall furnish a surety bond or promissory note to the State with security satisfactory to the Maryland Higher Education Commission, that on completion of the nursing education program, the student will work for at least 2 years in a hospital or related institution as defined in § 19–301 of the Health – General Article in this State.
The Secretary of Health may determine if there is a shortage of nurses.
Subject to subparagraphs (v) and (vi) of this paragraph, if the Secretary determines that there is no shortage of nurses, the Nonresident Student Tuition Reduction and State Aid Program established under this paragraph may not be applied to any courses required for the nursing program.
Subparagraph (iv) of this paragraph applies only to students who enroll in a nursing education program subsequent to the determination made under subparagraph (iv) of this paragraph.
Subparagraph (v) of this paragraph may not affect any student who is participating in the Nonresident Tuition Reduction and State Aid Program prior to the determination under subparagraph (iii) of this paragraph.
Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who is employed by a business located in the county that supports the community college.
Any student attending a community college in this State who receives a tuition waiver as provided by this paragraph shall not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.
Each board of community college trustees shall waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in this State but does not meet the in–State residency requirement for tuition purposes and is a public school teacher employed by a county board if:
The course or program is required by the State or the county board to maintain the teacher’s present position with the county board; or
The course or program maintains or improves skills required by the county board in the teacher’s current position;
The teacher resides in this State and is employed as a full–time public school teacher; and
The teacher has been employed as a public school teacher in the State for less than a year.
A public school teacher is responsible for the difference between in–State and out–of–state tuition if:
The teacher resigns or is terminated from employment with the county board; and
The teacher remains enrolled in the course or program at a community college during the teacher’s first year as a Maryland resident.
Any public school teacher attending a community college in this State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.
In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.
Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.
Any BRAC employee or family member of a BRAC employee attending a community college in the State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.
Subject to the provisions of paragraphs (2), (3), and (4) of this subsection and subsection (g) of this section, any student who attends a community college not supported by the county in which the student resides shall pay, in addition to the student tuition and fees payable by a resident of a county that supports the community college, an out–of–county or out–of–region fee at least equal to 60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle.
Any student who resides in an incorporated municipality whose corporate limits extend into 2 counties in the State is considered an in–county resident for tuition purposes at a community college campus located within that municipality that is supported by either county.
If a student is considered an in–county resident under this paragraph and the student does not reside in the county that supports the community college, the county in which the student resides shall pay the difference between the out–of–county tuition and the in–county tuition.
Each board of community college trustees may waive the out–of–county or out–of–region fee, as determined in paragraph (1) of this subsection, for a student who is employed by a business located in the county that supports the community college.
In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.
Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who resides in the county but does not meet the in–county residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.
In this paragraph, “victim of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion.
Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who attends the community college and:
Is not a resident of the county; and
Is a victim of human trafficking.
Information collected under this paragraph as part of a student’s registration shall remain confidential.
A community college that admits an individual who qualifies for a waiver of the out–of–county fee or out–of–region fee under this paragraph shall:
Keep a record of the number of individuals for whom a waiver was granted in accordance with subparagraph (ii) of this paragraph; and
Report the information required in item A of this subsubparagraph to the Commission each year.
The Commission shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report consisting of the information submitted to the Commission under subsubparagraph 1 of this subparagraph.
The Commission shall adopt regulations to implement the provisions of this paragraph.
The regulations shall include a requirement that an application for a waiver of the out–of–county fee or out–of–region fee as provided in this paragraph shall contain evidence that the applicant is a victim of human trafficking, including:
Certified law enforcement, court, or other federal or State agency records or files;
Documentation from a human trafficking prevention or assistance program; or
Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking.
Any county may appropriate money to pay the out–of–county or out–of–region fees for county residents who attend a community college in this State that is not supported by that county.
Notwithstanding subsection (b) of this section, subject to subsubparagraph 2 of this subparagraph, if any student is a resident of this State and enrolls in an instructional program that the Commission designates as a health manpower shortage program or a statewide or regional program:
The student shall pay only the student tuition and fees payable by a resident of a county that supports the community college; and
Subject to subparagraph (ii) of this paragraph, the Commission shall pay any applicable out–of–county fee to the community college.
For a student who attends a community college not supported by the county in which the student resides, at the discretion of the board of community college trustees:
The community college may charge the student any applicable out–of–county fee;
Subject to subparagraph (ii) of this paragraph, the Commission shall pay the amount of any applicable out–of–county fee to the community college; and
The community college shall reimburse the student the amount received from the Commission under item B of this subsubparagraph.
For any fiscal year beginning on or after July 1, 2011, if State appropriations to the Commission for payment of any applicable out–of–county fee under this paragraph do not provide sufficient funds to fully reimburse applicable out–of–county fees, the Commission shall prorate the reimbursement for the out–of–county fees.
The Commission may make payments to effectuate the provisions of this section from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.
Notwithstanding subsection (b) of this section, if any student resides in a county where the per capita wealth is below the State average and the county does not support a community college or a branch campus of a community college, except for Baltimore City, the student may enroll at a community college or a branch campus in the State, either of which is located in a county adjacent to the one in which the student resides, and pay only the tuition and fees applicable to a county resident that supports the community college.
For any student determined to be eligible under paragraph (1) of this subsection, the Commission shall pay:
In fiscal year 1992, 75% of any applicable out–of–county fee provided that the county in which the student resides pays 25 percent of that fee; and
In fiscal year 1993, and each fiscal year thereafter, 50% of any applicable out–of–county fee provided that the county in which the student resides pays 50 percent of that fee.
The Commission may make payments to effectuate the provisions of this subsection from funds specifically appropriated for this purpose in the State budget or any supplemental budget request.
The provisions of this section shall be subject to any reciprocal interstate agreement entered into by the Maryland Higher Education Commission under § 11–105(m)(2) of this article.
Notwithstanding subsection (b) of this section, any student who resides in Howard County or in Prince George’s County and attends the Laurel College Center, a partnership equally supported by the Howard and Prince George’s community colleges, is deemed to be an in–county student and may not be subject to out–of–county fees established in subsection (b) of this section, by Howard Community College or Prince George’s Community College for courses taken at the Laurel College Center.
Paragraph (1) of this subsection applies to any student who attends the Laurel College Center on or after August 1, 2001.
Except as provided in paragraph (2) of this subsection, this section applies to every contract for any building, improvement, equipment, or supplies.
This section does not apply to:
The purchase of books or other materials for instruction;
Emergency repairs;
Any contract or purchase made by a county for a community college under procedures authorized by the county charter or an act of the General Assembly; or
Any contract or purchase that qualifies as a “small procurement” as defined in the State Procurement Regulations.
At the discretion of the procurement officer, the following procurement methods are authorized where applicable:
Competitive sealed bids under subsection (c) of this section;
Competitive sealed proposals under § 16–313 of this subtitle;
Sole source procurement under § 16–314 of this subtitle; or
Noncompetitive negotiation under § 16–314.1 of this subtitle.
The board of trustees may provide for procurement by competitive sealed bids in accordance with this subsection.
Whenever procurement is based on competitive sealed bids, the board of trustees, or its designee, shall seek bids by issuing an invitation for bids.
The board of trustees, at least 2 weeks before bids are to be filed, shall advertise for bids in at least one newspaper published in the county or in eMaryland Marketplace, in accordance with Title 17, Subtitle 5 of the State Finance and Procurement Article.
The board of trustees may name in the specifications and advertisements for bids the particular make, kind, or brand of article to be contracted for or purchased.
The board of trustees of each community college may provide for the prequalification of persons as prospective responsible bidders for procurements other than leases of real property.
If a board of trustees uses a prequalification procedure for awarding a procurement contract:
A person who is not prequalified may submit a bid or proposal; and
After bid opening or receipt of proposals and before awarding the procurement contract, a procurement officer may determine that:
A person who was not prequalified at the time of bid opening or receipt of proposals is a responsible bidder; or
A prequalified person is not a responsible bidder.
Except as provided in paragraph (7) of this subsection, the contract shall be awarded to the lowest responsible bidder, who conforms to the specifications, with consideration given to:
The quantities involved;
The time required for delivery;
The purpose for which required;
The competence and responsibility of the bidder; and
The ability of the bidder to perform the contract satisfactorily.
The board of trustees may reject any and all bids and readvertise for other bids.
In this paragraph, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article.
In Montgomery County, by resolution and by implementing rules and regulations, the Board of Trustees of Montgomery Community College shall establish a mandatory minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Board of Trustees of Montgomery Community College in accordance with competitive bidding requirements.
A contract entered into or purchase made in violation of this section is void.
In this section the following words have the meanings indicated.
“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.
“Mandatory set-asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.
“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.
“Minority business enterprise” means any business enterprise:
That is at least 51 percent owned by 1 or more minority individuals; or
In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and
Whose management and daily business operations are controlled by 1 or more minority individuals.
“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.
“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.
“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.
The Board of Trustees of the Prince George’s Community College shall undertake and complete an internal and market fact-finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact-finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.
If the fact-finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”.
In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to:
Mandatory set-aside procedures;
Mandatory subcontracting procedures with reasonable waiver provisions;
The application of bonus points;
The application of percentage points;
Restrictive bidding;
Restrictive price quotations;
The reduction or waiver of bonding requirements; and
Incentives to encourage maximum participation by:
Small businesses;
A variety of different businesses; and
Businesses located within Prince George’s County.
The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.
It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this section.
The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.
The program shall be evaluated every 2 years.
The results of any evaluation under this subsection shall be submitted to the Prince George’s County Delegation of the General Assembly.
The board of trustees may provide for procurement by competitive sealed proposals in accordance with the provisions of this section.
The board of trustees may adopt regulations to implement the provisions of this section.
Competitive sealed proposals is the preferred procurement method for educational or consultant services.
Whenever procurement is based on competitive sealed proposals, the board of trustees or its designee shall seek proposals by issuing a request for proposals.
A request for proposals shall include a statement of:
The scope of the procurement contract;
The results to be achieved or services to be provided;
The factors, including price, that will be used in evaluating proposals; and
The relative importance of each factor.
The board of trustees or its designee shall publish a request for proposals in the same manner as required for an invitation for bids.
After receipt of proposals but before the board of trustees awards the procurement contract, the board or its designee may conduct discussions with an offeror to:
Obtain the best price for the college; and
Ensure full understanding of:
The requirements of the college as set forth in the request for proposals; and
The proposal submitted by the offeror.
If discussions are conducted, the board of trustees or its designee:
Shall conduct the discussions in accordance with regulations adopted by the board;
Shall provide an opportunity to participate to each responsible offeror who submits a proposal that, in the judgment of the board or its designee, is reasonably susceptible of being selected for award;
Shall treat all of the responsible offerors fairly and equally;
May allow all of the responsible offerors to revise their initial proposals by submitting best and final offers, if discussions indicate that it would be in the best interests of the college to do so;
May conduct more than one series of discussions and requests for best and final offers; and
May not disclose to an offeror any information derived from a proposal of or discussions with a competing offeror.
Except as provided in paragraph (2) of this subsection:
A proposal is irrevocable for the period specified in the request for proposals; and
A best and final offer is irrevocable for the period specified in the request for best and final offers.
The board of trustees or its designee may allow an offeror to correct or withdraw a proposal or best and final offer if correction or withdrawal is allowed under regulations adopted by the board.
After obtaining any approval required by law, the board of trustees shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the college considering the evaluation factors set forth in the request for proposals.
The board of trustees may reject any and all proposals and readvertise for other offers.
The board of trustees may provide for sole source procurement contracts in accordance with the provisions of this section.
Whenever the procurement officer determines that there is only one available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.
Before awarding a procurement contract to a sole source, the procurement officer shall obtain:
The approval of the board of trustees; and
Any other approval required by law.
This section applies to contracts in amounts not exceeding $100,000.
The Board of Trustees of the Community College of Baltimore County may award a procurement contract on the basis of noncompetitive negotiation:
For unsolicited offers that:
Are in writing;
Are sufficiently detailed to allow a judgment regarding the potential utility of the offer;
Are unique or innovative;
Demonstrate the proprietary character of the offering warranting consideration of the use of competitive negotiation;
May be subject to testing under terms and conditions specified by the Director of Purchasing; and
Cannot be procured through competitive methodologies;
For the procurement of goods or services related to instruction or curriculum development;
For the procurement of services related to private fund–raising activities; or
Under other circumstances when the Director of Purchasing determines that noncompetitive negotiation is in the best interests of the College and the State.
The Board of Trustees of the Community College of Baltimore County shall establish standards and procedures for the application of subsection (b) of this section to a particular transaction.
The standards and procedures shall require:
The office, division, or department requesting noncompetitive negotiation to submit a written justification to the Director of Purchasing;
A written determination by the Director of Purchasing that noncompetitive negotiation is in the best interest of the College and the State; and
The written approval of the award of the contract on the basis of noncompetitive negotiation by the Board of Trustees.
The Commission shall adopt guidelines for financial record keeping and the preparation of annual audit reports by the community colleges. The community colleges shall comply with the guidelines of the Commission.
Each community college in the State shall have an annual audit of its books of accounts, accounting procedures and principles, and other fiscal and operational methods and procedures in accordance with guidelines as prescribed by the Commission. A copy of the audit report, together with the related management letter, shall be submitted to the Commission for review and assessment and to the Legislative Auditor within 90 days of the close of each fiscal year. The Commission shall ascertain that the community colleges are audited in accordance with this section.
The Commission shall evaluate audit reports and related management letters for purposes of determining material weaknesses and assessing which recommendations should be considered for implementation. If a community college establishes to the satisfaction of the Commission that a recommendation in an audit report or related management letter has been satisfactorily addressed and should not be implemented, then the Commission shall notify the Legislative Auditor of the reasons for not implementing the recommendation. If the Commission finds that satisfactory progress has not been made toward correcting recurring material weaknesses or implementing any other audit recommendations which the Commission deems appropriate, then with due notice to the community college, the Commission shall direct the State Comptroller to withhold aid payments or any portion of aid payments due a college under this article.
The Legislative Auditor may upon the Legislative Auditor’s own initiative perform the required annual audits. However, notification of such intent must be given to each affected community college before the start of the fiscal year to be audited.
The Legislative Auditor may be directed to undertake special audits of any community college by the Joint Audit and Evaluation Committee at State expense.
An audit performed by an official auditor of any county or Baltimore City approved by the Commission shall satisfy the annual audit requirement if it otherwise meets the requirements of this section.
The cost of the annual audit required by this section is the responsibility of the community college.
Each year the Legislative Auditor shall submit a report to the Commission and, subject to § 2–1257 of the State Government Article, the Joint Audit and Evaluation Committee and the Executive Director of the Department of Legislative Services, on the results of the annual and special community college audits.
Nothing contained in this section may be construed to prohibit a periodic or special audit by an official auditor of any county providing funds for a community college.
Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.
In this section the following words have the meanings indicated.
“Computer-based instructional technology” has the meaning stated in § 12-101 of this article.
“Technology” has the meaning stated in § 12-101 of this article.
By January 1, 2007, the board of community college trustees for each community college shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.
The nonvisual access clause developed under subsection (b) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
The Commission shall establish and administer a grant program for supplemental services and supports for students with disabilities in community colleges.
The Commission, in cooperation with the Department of Disabilities, shall:
Establish a competitive review process for the awarding of grants to community colleges; and
Adopt any other guidelines or regulations necessary for the administration of this section.
In this section the following words have the meanings indicated.
“Community college” includes Baltimore City Community College.
“Eligible project” means a facility renewal project, including improvements, repairs, and deferred maintenance, that has a total estimated cost of not more than $1,000,000 and has been submitted to the Commission as part of an annual master plan or a 10–year master plan.
“Program” means the Community College Facilities Renewal Grant Program.
There is a Community College Facilities Renewal Grant Program that shall provide State funds to community colleges for improvements, repairs, and deferred maintenance projects in accordance with this section.
The Commission shall administer the Program.
In fiscal years 2019 through 2021, the Governor shall annually appropriate in the operating budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.
In fiscal year 2022 and each fiscal year thereafter, the Governor shall annually appropriate in the operating or capital budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.
The appropriation required under paragraph (1) of this subsection shall be in addition to and may not supplant the amount appropriated to the Community College Construction Grant Program in the State budget.
On or before September 1 of the fiscal year preceding the fiscal year of the grant award, a community college shall provide to the Commission information about the eligible project for which the community college is requesting a grant.
The Commission may make up to eight grants in each fiscal year.
Subject to subsubparagraph 2 of this subparagraph, a community college may not receive a grant in 2 consecutive fiscal years.
If a community college does not request funds in a fiscal year, the community college may not receive a grant until the second following fiscal year.
Subject to subsubparagraph 2 of this subparagraph, a community college may not receive more than $500,000 in a fiscal year under the Program.
If the appropriation provided under subsection (c) of this section is less than $4,000,000 in a fiscal year, the appropriation shall be awarded equally to each community college that is eligible for a grant in that fiscal year.
Subject to the limitation established in subsubparagraph 1 of this subparagraph, a community college may receive funding for more than one eligible project in a fiscal year.
The Commission shall consult with each community college to determine which community colleges will receive a grant for eligible projects under the Program in each fiscal year.
The Commission, in collaboration with the community colleges, shall adopt any regulations necessary to carry out the provisions of this section.
The Board of Community College Trustees for Anne Arundel County consists of 10 members appointed by the Governor, with the advice and consent of the Senate.
Each member shall be a resident of Anne Arundel County.
Except as provided in subsection (b)(2) of this section:
The term of a member is 4 years; and
A member may not serve for more than three consecutive full terms.
One of the members shall be a regularly enrolled student in good standing at Anne Arundel Community College.
The student member shall:
Be nominated in the manner determined by the student body of Anne Arundel Community College;
Have the qualifications required to be student body president of Anne Arundel Community College; and
Serve for a term of 1 year, beginning July 1 and ending on June 30.
To the extent practicable, when appointing the members of the Board, the Governor shall take into consideration the geographic and ethnic representation of Anne Arundel County so that all segments of the population of the county are represented on the Board.
The Board of Community College Trustees for Baltimore County consists of 11 members appointed by the Governor, with the advice and consent of the Senate.
Of the members:
2 serve at large; and
9 serve from the 9 councilmanic districts in Baltimore County, 1 from each district.
The term of a member is 5 years and begins on July 1.
A member may not serve for more than 2 consecutive terms.
The Governor shall appoint a chairperson from among the members of the Board as of July 1, 1997.
The chairperson appointed by the Governor shall serve until June 30, 2000.
For the year beginning July 1, 2000, and each year thereafter, the Board shall elect a chairperson from among the members of the Board.
The Board of Trustees of Chesapeake College consists of two members from each county that supports Chesapeake College who shall be appointed by the Governor, with the advice and consent of the House of Delegates.
The county superintendents of schools in the region are not ex officio members.
The term of a member is 5 years and begins on July 1.
A member continues to serve until a successor is appointed and qualifies.
Subject to subparagraph (ii) of this paragraph, a member appointed to begin a full term on or after July 1, 2006, may not serve for more than three 5-year full terms.
A term of a member that began before July 1, 2006, does not count toward the term limit established in subparagraph (i) of this paragraph.
Each member of the Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with applicable travel regulations.
The Board of Community College Trustees for Frederick County consists of seven members. Of the members:
Each shall be a resident of Frederick County; and
Each shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 5 years.
A member of the Board of Community College Trustees may not serve more than three consecutive 5–year terms.
A member of the Frederick County Board of Education may not serve on the Board of Community College Trustees.
Each member of the Board is entitled to $500 a year for expenses.
Each meeting of the Board shall include an opportunity for public comment.
The Board shall make a video or audio recording of each meeting of the Board.
The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.
The Board shall maintain in perpetuity a video or audio recording required under subsection (e) of this section and any minutes of the Board.
The Board may transcribe a video recording required under subsection (e) of this section if:
The video recording has been maintained for at least 5 years; and
The transcribed video recording is maintained in perpetuity.
As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.
There is a Hagerstown Community College Police Force.
A Hagerstown Community College police officer has the powers granted to a peace and police officer.
Except as provided in subparagraph (ii) of this paragraph, a Hagerstown Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Hagerstown Community College.
The police officer may exercise these powers on any other property if:
Engaged in fresh pursuit of a suspected offender;
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Hagerstown Community College;
Ordered to do so by the Governor; or
In Washington County when:
Responding to an imminent threat to life, property, or public safety; or
Complying with a memorandum of understanding between the Hagerstown Community College Police Force and another law enforcement agency with jurisdiction.
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Hagerstown Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Hagerstown Community College police officers, including standards for the performance of their duties.
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
The Hagerstown Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Hagerstown Community College Police Force and of Hagerstown Community College police officers.
Nothing in this section may be construed to:
Supersede the authority or jurisdiction of:
The Washington County Sheriff’s Office; or
Any other law enforcement agency, as defined in § 1–101(c) of the Public Safety Article; or
Limit the authority or jurisdiction of the Hagerstown Community College Police Force authorized under § 5–802 of the Criminal Law Article.
There is an Anne Arundel Community College Police Force.
An Anne Arundel Community College police officer has the powers granted to a peace and police officer.
An Anne Arundel Community College police officer may exercise these powers only on property that is owned, leased, or operated by or under the control of Anne Arundel Community College.
The police officer may not exercise these powers on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, or operated by or under the control of Anne Arundel Community College; or
Ordered to do so by the Governor.
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Anne Arundel Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Anne Arundel Community College police officers, including standards for the performance of their duties.
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
The Anne Arundel Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Anne Arundel Community College Police Force and of Anne Arundel Community College police officers.
The Harford Community College Board of Trustees consists of nine members appointed from the county at large.
Subject to paragraph (3) of this subsection, each of the members shall be:
A resident of Harford County for the duration of the member’s term; and
Appointed by the Governor for terms of 5 years.
No member may be a member of the Harford County Board of Education while serving as a member of the Board.
A member of the Board may not serve for more than two consecutive 5–year terms.
To the extent practicable, when appointing members to the Board, the Governor shall take into consideration the geographic and ethnic representation of Harford County so that all segments of the population of the county are represented on the Board.
At least twice annually, the President of Harford Community College and the Superintendent of Harford County Public Schools shall meet to discuss issues of mutual concern.
The Boards of Directors of the Harford Educational Foundation and of the Harford Community College Foundation, Inc. have the authority to effect a merger of the two corporations under the provisions of Title 3 of the Corporations and Associations Article.
The articles of merger shall:
Be in writing;
Be filed with the State Department of Assessments and Taxation;
Be recorded with the corporate records of the Circuit Court in Harford County; and
Otherwise conform to the requirements of the State Department of Assessments and Taxation, as provided in the Corporations and Associations Article.
After the merger, the Harford Community College Foundation, Inc. shall be the sole surviving corporation.
The articles of merger shall provide that:
The Board of Directors of the Harford Educational Foundation transfer the corporate assets to the Harford Community College Foundation, Inc.;
The Harford Community College Foundation, Inc. administer the assets of the Harford Educational Foundation as a revolving loan fund;
The Harford Community College pay all the costs to administer the revolving loan fund;
In the event of a default by a student on a loan from the revolving loan fund, at the end of the fiscal year in which the default occurred, the Harford Community College Foundation, Inc. shall transfer to the revolving loan fund an amount equal to the amount of the defaulted loan; and
In addition to any other powers granted and duties imposed on it, the Harford Community College Foundation, Inc. shall:
Act as trustee for the funds transferred from the Harford Educational Foundation under the trust agreements made between the donors and the Harford Educational Foundation;
Rename the Harford Educational Foundation the Harford Community College Student Loan Fund;
Accept funds by grant, gift, devise, or bequest from individuals and corporations to the Harford Community College Student Loan Fund to ensure the ability to promote scholarship; and
Administer funds accepted into the Harford Community College Student Loan Fund strictly in accordance with the purposes of the Fund.
The Harford Community College Foundation, Inc. shall report its activities for the preceding year annually to the County Executive and County Council of Harford County.
The finances of the Foundation are subject to annual audit, including the preparation of separate balance sheets for the Harford Community College Foundation, Inc. and the Harford Community College Student Loan Fund.
The Harford Community College Foundation, Inc. is exempt from the provisions of:
Bank licensing acts; and
Title 11, Subtitles 2 and 3 of the Financial Institutions Article.
The Board of Community College Trustees for Howard County consists of nine members appointed by the Governor with the advice and consent of the Senate.
Of the members, at least eight:
Shall be residents of Howard County at the time of appointment; and
Shall maintain residency in Howard County throughout the term of appointment.
The following, whichever is greater, shall constitute a quorum:
Four members; or
A majority of members actively serving.
Each meeting of the Board shall include an opportunity for public comment.
The Board shall make a video or audio recording of each meeting of the Board.
The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.
As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.
Each year, the Board shall select an independent, nationally recognized survey instrument to carry out an anonymous survey on employee satisfaction at Howard Community College, and submit an unedited report on its survey findings directly to the Board.
The Board shall redact any human resources or personnel–related feedback before any public release of survey results.
On or before January 1, 2026, and each 6 months thereafter until a faculty union contract is finalized, the Board of Community College Trustees for Howard County shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the faculty union contract.
The Board of Community College Trustees for Montgomery County consists of 10 members appointed by the Governor from nominees submitted by the Nominating Committee. Except for the student member, the members are appointed with the advice and consent of the Senate.
One of the members shall be an enrolled student in good standing at Montgomery Community College. The student member:
Shall be a resident of Montgomery County;
May not be employed by Montgomery Community College;
Serves for a term of 1 year, beginning July 1 and ending on June 30;
Shall have a cumulative quality point average and a current semester quality point average of at least 2.0;
Shall have successfully completed at least 18 credit hours at Montgomery Community College; and
At the time of appointment and during the term of office, shall be enrolled in at least 6 credit hours at Montgomery Community College.
The Nominating Committee consists of five members. Of the members:
Two shall be appointed by the County Council;
Two shall be appointed by the County Executive; and
One shall be appointed by the Montgomery Community College Alumni Association.
Each member of the Nominating Committee:
Shall be a resident of and a registered voter in Montgomery County;
Shall have a knowledge of and an interest in postsecondary education;
Shall have demonstrated an active interest in civic affairs;
May not be an officer of this State, Montgomery County, or any municipal corporation in Montgomery County or any of their agencies; and
May not be an officer of, employed by, or subject to the authority of Montgomery Community College.
Each member of the Nominating Committee serves for a term of 2 years from September 15 of the year of the member’s appointment and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the Board as of July 1, 1978.
A member appointed to fill a vacancy in an unexpired term is appointed by the body that appointed the member’s predecessor and serves only for the remainder of that term and until a successor is appointed and qualifies.
Each year, the Nominating Committee shall elect one of its members as its chair.
The Committee may elect any other officer it requires.
The Committee may determine the place of its meetings and adopt rules for the conduct of its meetings.
The Nominating Committee shall:
Notify the public of each vacancy on the Board of Community College Trustees;
Obtain recommendations from the faculty and students of the Community College and from other interested persons; and
Accept applications.
The Committee shall submit to the Governor the names of at least two, but not more than four of the candidates selected by the Committee:
On or before December 15 of the year before the term of a nonstudent member expires;
On or before April 15 of each year the term of a student member expires; and
When any other vacancy occurs.
Before it acquires any real property for a community college, the Board of Community College Trustees for Montgomery County shall make a written request to the commission or agency responsible for county land use planning for that commission’s confidential recommendations of appropriate sites.
In its request, the Board of Trustees may request the commission to consider any sites the Board designates.
The commission shall recommend sites that:
Meet the college’s needs;
Comply with State regulations; and
Conform as far as practical with the land use plans of the county.
Within 45 days after it receives a request from the Board of Trustees, the commission shall send its written recommendations for sites to the Board of Trustees.
If the Board is unable to agree on a site from among the commission’s recommendations, the Board shall advise the County Council in writing of this fact and the Council may request that the commission reconsider the matter and resubmit recommendations for action by the Board.
The Board of Trustees shall select a preferred site and rank the other sites recommended by the commission in the order of their suitability and submit its ranking to the County Council. The Board may specify certain sites as unsuitable.
The County Council shall approve or disapprove the Board’s selection within 45 days. If the County Council disapproves the preferred site:
The County Council shall indicate in writing its reasons; and
The Board shall select a different site from the ranking and resubmit it to the County Council.
If the County Council approves a site, the Board may proceed with acquisition as provided by law.
The Board of Community College Trustees for Prince George’s County consists of nine members.
Each member shall be a resident of Prince George’s County.
Except as provided in subsection (b)(2) of this section:
The term of a member is 5 years; and
A member may not serve for more than 2 consecutive terms.
Eight of the members shall be appointed by the Governor, with the advice and consent of the Senate, one from each legislative district in Prince George’s County.
One of the members shall be a regularly enrolled student in good standing at Prince George’s Community College. The student member shall:
Be elected by the student body of the Community College in the same manner as other student government officers are elected;
Have the qualifications required to be student body president of Prince George’s Community College; and
Serve for a term of 1 year beginning July 1 and ending June 30 and if a vacancy occurs during this period, a special election shall be held to elect a successor for the remainder of that term.
The cost of any election shall be paid by the student government.
Except for rentals of property under impartial policies that establish fees for various classes of renters, the Board of Trustees of Prince George’s Community College may not lease any property to any private person unless it complies with this section.
The Board of Trustees shall advertise at least 2 weeks before the bids are due in one or more newspapers published in Prince George’s County.
The lease shall be awarded to the highest responsible bidder and conform to any qualifications set by the Board of Trustees.
There is a program of county scholarships for not more than 200 students at Prince George’s Community College.
The county scholarships shall be awarded by the Community College on the basis of:
Academic merit; and
Financial need.
Each scholarship shall pay for tuition for 1 year.
Each year, the Prince George’s County Executive shall include money for the county scholarships in the county budget.
The Board of Trustees of Prince George’s Community College shall establish an affirmative action program to facilitate the employment of minority employees, including faculty and administrative and clerical staff.
The Board of Trustees shall submit a report on the implementation of the affirmative action program established under subsection (a) of this section to the Chairmen of the Prince George’s County House of Delegates and Senate delegations by January 1 of each year.
Notwithstanding the provisions of § 16-301(f) of this title, before any capital budget request made by Wor-Wic Community College is effective all of the counties that support that College shall give their written assent to the capital budget.
The Board of Community College Trustees for Washington County consists of seven members appointed by the Governor with the advice and consent of the Senate.
Each of the members:
Shall be residents of Washington County at the time of appointment; and
Shall maintain residency in Washington County throughout the term of appointment.
The establishment of Baltimore City Community College is based on the findings and policies set forth in this section.
Public higher education should be accessible to all those who seek and qualify for admission.
There is a need for an effective comprehensive urban community college in Baltimore City offering educational programs that will stimulate the participation of individuals, be responsive to the needs of the community, and afford open access to individuals with a variety of educational backgrounds.
Businesses in the Baltimore metropolitan area are undergoing an economic transition and need and must be ready to make extensive use of and provide financial support for an effective, well-managed urban institution to train and educate their employees and prospective employees in skills and fields of study of importance to the region’s business community.
A partnership between the State and business community is essential to attain the requisite level of financial support to create and sustain a quality institution that is responsive to the technological and continuing education needs of businesses.
The purpose of the College is to provide quality, accessible, and affordable education to the citizens of Baltimore in the areas of basic skills, technical and career education, continuing education, and the arts and sciences.
In this subtitle the following words have the meanings indicated.
“Board of Trustees” means the Board of Trustees of Baltimore City Community College.
“College” means Baltimore City Community College, formerly known as the New Community College of Baltimore.
“Commission” means the Maryland Higher Education Commission.
“Full–time equivalent student” means the quotient of the number of student credit hours, including those earned by a P–TECH student as provided under § 7–1804(c) of this article, produced in the fiscal year 2 years prior to the fiscal year for which the State appropriation is calculated divided by 30, as certified by the Maryland Higher Education Commission.
“Officer” means the president and the vice presidents of the College and other officers as shall be appointed by the Board of Trustees.
“Secretary” means the Secretary of Higher Education.
“State appropriation” means the amount of money for Baltimore City Community College operating funds to be provided each fiscal year to the Board of Trustees by the State.
“Student credit hours” means student credit hours or contact hours which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.
There is a Baltimore City Community College, formerly known as the New Community College of Baltimore located in Baltimore City, Maryland, which shall, with other educational institutions, provide the services and programs described in § 10-210 of this article.
The College is an institution of higher education of the State of Maryland.
Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.
The government of the College is vested in the Board of Trustees of the College.
The Board of Trustees consists of nine voting members:
Six members appointed by the Governor with the advice and consent of the Senate, including the student member;
One member jointly appointed by the President of the Senate and the Speaker of the House of Delegates, who shall serve as chair of the Board;
The Chief Executive Officer of the Baltimore City Public Schools, or the Chief Executive Officer’s designee, who shall serve as an ex officio member; and
The Executive Director of the Mayor’s Office of Employment Development, who shall serve as an ex officio member.
Of the members:
Each shall be a resident of the State;
A majority shall be residents of Baltimore City; and
One shall be a regularly enrolled student in good standing at the College.
The members of the Board shall, to the extent practicable, consist of at least:
One individual with a background in higher education;
One individual with a background in procurement and finance;
One individual with a background in workforce development; and
One high level executive from a large employer located in Baltimore City.
The student member shall have a term of 1 year beginning July 1 and ending on June 30.
Except for the student member, the term is 6 years from July 1 of the year of appointment and until a successor is appointed and qualifies.
The terms of the members are staggered, as required by the terms provided for members of the Board on July 1, 2017.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term or until a successor is appointed and qualifies.
A member may be reappointed but may not serve more than 2 consecutive full terms.
Each member of the Board of Trustees:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
Except as provided in subsection (b)(1)(ii) of this section, the Board of Trustees may elect any other officers it requires.
The Board of Trustees shall meet regularly at such times and places as it determines.
The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.
A majority of the voting members shall constitute a quorum for the transaction of business.
In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.
The Board of Trustees shall exercise general control over the College and establish broad policy and long–range planning to effect the efficient operation of the College.
The Board of Trustees may not participate in the day–to–day operations of the College.
The Board of Trustees shall:
On or before December 1, 2018, review, revise, and update the strategic plan for the College;
Review and strategically align core course offerings of the College, consistent with accreditation requirements, and focused on the needs of:
Students at the College; and
The workforce in Baltimore City;
Make workforce development and job placement top educational priorities of the College;
Improve student pathways to success, including remedial education, attainment of a degree or a postsecondary certificate, and transfer to 4–year institutions of higher education;
Enter into memoranda of understanding in order to establish student pathways to success with the Baltimore City Public School System, institutions of higher education, and employers;
Align the budget of the College with realistic enrollment projections;
Engage in a comprehensive review of all positions, faculty, and staff at the College;
Establish strong relationships with key stakeholders, including:
The Mayor of Baltimore City;
The Mayor’s Office of Employment Development;
The Baltimore City Public School System;
Institutions of higher education located in Baltimore City;
State agencies, including the Maryland Department of Labor;
Private employers; and
Business and community organizations;
Develop and market a brand for the College;
Address the information technology and infrastructure needs of the College, including whether oversight by the Department of Information Technology is advisable;
Develop or sell all unused or underutilized real estate holdings, including the Inner Harbor site;
Identify any barriers in State or local laws or regulations that impede the ability of the College to operate efficiently and effectively, including procurement and capital construction projects;
Adopt reasonable rules, regulations, and bylaws to carry out the provisions of this subtitle and §§ 10–204 and 10–211 of this article; and
Keep separate records and minutes.
Except with respect to skilled service employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) does not apply to the Board of Trustees.
Subject to the provisions of paragraph (2) of this subsection and the provisions of § 16–511(d)(3) of this subtitle, the Board of Trustees may receive, purchase, lease, or otherwise acquire property it considers necessary or useful for the operation of the College.
Subject to appropriations and the prior approval of the Board of Public Works, the Board of Trustees may receive, purchase, lease, or otherwise acquire real property.
The Board of Trustees may sell, lease, encumber, or otherwise dispose of assets or property of the College, other than any real property, improvement to real property, or license.
Subject to the prior approval of the Board of Public Works, the Board of Trustees may sell, lease, encumber, or otherwise dispose of any real property, improvement to real property, or license of the College.
All proceeds and income from any sale, lease, disposition, encumbrance, or development of any property, right, or interest of the College shall be used for the benefit of the College and may not revert to the general funds of the State or be applied to the Annuity Bond Fund of the State.
The proceeds and income from the sale of any real property, improvement to real property, or license of the College shall be deposited in a special fund.
The principal of the special fund may be used for capital expenditures, subject to the approval of the Board of Public Works on a pay–as–you–go basis, and may not be used to pay the operating expenses of the College.
The Board of Trustees shall develop the commercial potential of the Inner Harbor site or determine that the Inner Harbor site should be sold to maximize revenue to the College without jeopardizing the educational mission of the College.
The Board of Trustees may apply for, accept, and spend any gift or grant from any government, foundation, or person.
The Board of Trustees shall fix the tuition and fees to be paid by students and shall do so with a view to making college education available at low cost.
Except as otherwise provided in paragraph (4) of this subsection, the Board of Trustees shall assess each student who is not a resident of this State, in addition to the student tuition and fees paid by residents, an out–of–state fee at least equal to 60 percent of the amount of State support for the College per full–time equivalent student.
The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who is employed by a business located in the City of Baltimore.
Any student attending the College who receives a tuition waiver as provided by subparagraph (ii) of this paragraph shall not be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.
The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of the Base Realignment and Closure process as announced by the United States Department of Defense.
Any student attending the College who receives a tuition waiver under subparagraph (iv) of this paragraph shall be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.
For purposes of this subsection, the number of full–time equivalent students is the quotient of the number of student credit hours produced in the fiscal year divided by 30.
A student who is not a resident of the State shall be considered a resident for purposes of assessing tuition and fees to the extent that such student would be eligible for in–county status under the provisions of § 16–310(a)(4) or (f) of this title.
The Board of Trustees shall set tuition and fees for students who are residents of counties in this State other than Baltimore City at the same rate as the tuition and fees charged to students who reside in Baltimore City.
In accordance with § 16–505.1 of this subtitle, the Board of Trustees shall appoint a President of the College who shall be the Chief Executive Officer of the College and the Chief of Staff for the Board of Trustees.
The Board of Trustees may create other offices in the College and provide for the appointment of qualified persons to those offices.
The Board of Trustees shall appoint an interim president to carry out the duties of the President within 90 days after the office of the President becomes vacant.
The interim president may not be a member of the Board of Trustees.
Notwithstanding any other provision of law, the Board of Trustees may create any position to the extent that the cost of the position, including any fringe benefit costs, is funded from grant or special project funds.
The Board of Trustees shall abolish a position created under this paragraph when the grant or special project funds are insufficient to fund the cost of the position, including any fringe benefit costs.
This paragraph may not be construed to require any additional State General Fund support.
By September 1 of each year, the Board of Trustees shall submit an annual position accountability report to the Department of Budget and Management, in accordance with § 2–1257 of the State Government Article, the Department of Legislative Services, and the Commission reporting the total positions created and the cost and the funding source for any positions created by the College in the previous fiscal year.
The total number of positions authorized under this paragraph shall be limited as specified annually in the State budget bill.
Subject to the authority of the Commission, the Board of Trustees may:
Establish entrance requirements for the College;
Approve courses and programs;
Adopt and change curricula;
Establish and change requirements for the awarding of credits and degrees and for graduation;
Work with the Commission to establish cooperative program agreements that qualify as statewide programs in accordance with § 16–310(d) of this title; and
Develop effective relationships and cooperative programs with the Baltimore City Public School System to assure that high school students are encouraged to enroll in the College.
The Board of Trustees may fix the salaries and terms of employment of the President, faculty, and officers of the College.
In addition to any performance evaluation required by regulation of the Department of Budget and Management, the Board of Trustees shall evaluate the performance of the faculty of the College in a form developed in cooperation with the Commission.
The Board of Trustees may enter into contracts or delegate that authority to the President.
On the recommendation of the President, the Board of Trustees shall designate one or more representatives to participate as a party in collective bargaining on behalf of the College in accordance with Title 3 of the State Personnel and Pensions Article.
At a minimum, the President of the College shall meet the following criteria:
A commitment to lifelong learning and achievement;
Academic leadership skills to determine future priorities, strategic initiatives, new programs or methods of program delivery, and evaluation of accountability for current programs;
The vision and skills to develop and implement a focus, vision, and strategies for the College that address the critical academic, career, and continuing education roles of the College;
The ability to articulate effectively the College’s focus, vision, and strategies for the future to a wide range of stakeholders and the public;
The ability to develop new and improved partnerships between the College and Baltimore City, the Baltimore City Public School System, institutions of higher education located in Baltimore City, business and workforce sectors, religious, civic, and professional communities, and the State;
The ability to enhance the College’s role in the continuing economic and workforce development of the region, including upgrading the skills of young people and adults to obtain employment that supports families and attracts new employers to the region; and
A dedication to serving all of the stakeholders of the College in Baltimore City and the State.
On or before December 1 each year, the Board of Trustees shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee of the General Assembly regarding its progress in implementing the duties and responsibilities listed under § 16–505(c) of this subtitle.
Except as provided in § 11–203(e) of the State Finance and Procurement Article, the College is exempt from Division II of the State Finance and Procurement Article.
Subject to review and approval by the Board of Public Works and the Joint Committee on Administrative, Executive, and Legislative Review of the General Assembly, the Board of Trustees shall develop policies and procedures governing procurements by the College, including policies and procedures governing conflict of interest issues.
The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of State procurement law as set forth in § 11–201 of the State Finance and Procurement Article.
The Board of Trustees shall develop an information technology plan for the College that includes information technology policies and standards, including policies and standards for information management and telecommunication systems.
The information technology plan developed under paragraph (1) of this subsection shall be functionally compatible with the statewide information technology master plan established under Title 3A, Subtitle 3 of the State Finance and Procurement Article and meet the requirements of § 16–505(c)(1)(x) of this subtitle.
The President of the College shall:
Report directly to the Board of Trustees and be the sole liaison between the Board of Trustees and the College’s faculty, administrators, and staff;
Be responsible and accountable to the Board of Trustees for the discipline and successful conduct of the College and supervision of each of its departments;
Take every initiative in:
Implementing the policies of the Board of Trustees and the College; and
Promoting the development and efficiency of the College;
Hire and discharge faculty and employees as authorized by the Board of Trustees;
Attend all meetings of the Board of Trustees, except that the President may be excused by the Board of Trustees from discussions concerning the President or the position of President; and
Carry out other duties as authorized by the Board of Trustees.
The President may delegate any portion of the President’s authority to other officers of the College, subject to the right of the President or the Board of Trustees to rescind or modify the delegation in whole or in part at any time.
For each fiscal year, the President shall prepare and the Board of Trustees shall review, modify, as necessary, and approve an operating budget and a capital budget for the College.
The operating budget shall indicate:
All revenues estimated for the next fiscal year classified by funds and sources of income; and
All expenditures requested, including specification of expenditures for each major function established by the Commission under § 16-304 of this title.
The President and Board of Trustees shall submit the operating and capital budgets to the Commission in accordance with the provisions of § 11-105(i) of this article.
All income of the College shall be deposited:
In the State Treasury; or
As the State Treasurer directs.
By an approved budget amendment, the College may spend or encumber within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.
The unexpended or unencumbered balances of the College’s revenues:
Shall be reported to the Comptroller and to the Secretary at the end of the fiscal year for which the appropriation was made;
Do not revert to the State Treasury at the end of each fiscal year; and
Shall be available for expenditure through an appropriation contained in the budget bill or through an approved budget amendment.
The interest or other income from the investment of any funds of the College shall be credited to the College, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support, and that amount will be reported annually to the General Assembly.
The Legislative Auditor shall audit all expenditures and accounts of the College in accordance with §§ 2-1220 through 2-1227 of the State Government Article.
Beginning with fiscal year 1996, the Governor shall include in the annual budget submission a General Fund appropriation for Baltimore City Community College in the amount provided in subsection (b) of this section to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.
To qualify for a grant under this section, each participant in the program shall be a student:
Born outside of the United States or whose native language is not English;
Who comes from an environment where a language other than English is dominant; or
Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.
Subject to the provisions of paragraph (2) of this subsection, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a Baltimore City Community College ESOL program, as certified by the Maryland Higher Education Commission.
The total amount of the grant under this subsection may not exceed $1,333,000 for any fiscal year.
Baltimore City Community College may not transfer State funds received under this subsection to any other program or category.
Subject to the provisions of subsection (b) of this section, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.
Except as otherwise provided in this subtitle, the provisions of Subtitle 3 and §§ 16-101, 16-102, 16-103, 16-104, and 16-107 of this title do not apply to the College.
All employees of the College are in an independent personnel system.
The personnel system established under this subsection shall include provisions for:
Consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed; and
Redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.
If an employee was employed by the State in the skilled service of the State Personnel Management System, beginning January 1, 1996, the employee’s years of service as an employee of Baltimore City shall be added to the employee’s years of service with the State for the purpose of determining:
The annual leave accrual rate provided in § 9-302 of the State Personnel and Pensions Article;
Seniority under Title 11, Subtitle 2 of the State Personnel and Pensions Article, relating to layoffs; and
Seniority under § 7-207(b) of the State Personnel and Pensions Article, relating to promotions.
The College possesses all of the property, assets, immunities, defenses, licenses, credits, and rights of the New Community College of Baltimore, including those transferred to the Board of Trustees of the New Community College of Baltimore by the City of Baltimore and the Board of Trustees of the Community College of Baltimore under Chapter 220 of the Acts of the General Assembly of 1990.
The Board of Trustees of the College may, in its discretion, assume such liabilities and obligations of the Community College of Baltimore as the Board considers necessary or useful.
Except as otherwise provided in subsection (d) of this section, the Board of Trustees may assume such liabilities or obligations only if the nature and terms of the obligations or liabilities to be assumed are consistent with the laws and regulations of the State.
No liability, contract, or obligation of the Community College of Baltimore shall be a liability, contract, or obligation of the College unless such liability, contract, or obligation is expressly assumed by action of the Board of Trustees of the College.
Baltimore City shall indemnify and hold harmless the State, the Board of Trustees of the New Community College of Baltimore, the New Community College of Baltimore, the Board of Trustees of Baltimore City Community College, and Baltimore City Community College for any judgments, damages, liens, settlements, and other costs, including attorney’s fees, arising from the operations of the Community College of Baltimore, or the actions of the Board of Trustees of the Community College of Baltimore, or their employees, officers, or agents.
In this subsection, “procurement” and “procurement contract” have the meanings stated in § 11-101 of the State Finance and Procurement Article.
Before July 1, 1991, the Board of Trustees may, in its discretion, assume as assignee any procurement contract entered into by or on behalf of the Community College of Baltimore prior to July 1, 1990. The Board of Trustees may assume such procurement contracts without regard to whether the contracts conform to the requirements of Division II of the State Finance and Procurement Article (The “General Procurement Law”) and the regulations adopted under that law.
Except for contracts assumed under paragraph (2) of this subsection, procurement by the College shall be in accordance with Division II of the State Finance and Procurement Article and the regulations issued pursuant to that article.
In this section, “State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.
The total State operating fund per full–time equivalent student appropriated to Baltimore City Community College for each fiscal year other than fiscal year 2013, as requested by the Governor shall be:
In fiscal year 2009, not less than an amount equal to 67.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;
In fiscal year 2010, not less than an amount equal to 65.1% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2011, not less than an amount equal to 65.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2012, not less than an amount equal to 63% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2014, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
In fiscal year 2015, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
In fiscal year 2016, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
In fiscal year 2017, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
In fiscal year 2018, not less than an amount equal to 60% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2019, not less than an amount equal to 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2020, not less than an amount equal to 62.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2021, not less than an amount equal to 64.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal year 2022, not less than an amount equal to 66.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
In fiscal years 2023 through 2026, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article;
In fiscal years 2027 through 2029, not less than an amount equal to 67.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article; and
In fiscal year 2030 and each fiscal year thereafter, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.
For purposes of this subsection, the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State for a fiscal year shall include:
Noncapital appropriations from the Higher Education Investment Fund; and
Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.
Notwithstanding the provisions of paragraph (1) of this subsection, the total State operating fund appropriated to Baltimore City Community College under this section for each of fiscal years 2011 and 2012 shall be $40,187,695.
In fiscal year 2013, the total State operating funds appropriated to Baltimore City Community College under this section shall be $39,863,729.
Notwithstanding subsection (b) of this section, the State appropriation to Baltimore City Community College requested by the Governor may not be less than the State appropriation to the College in the previous fiscal year.
The State shall distribute the State appropriation under this subsection to the Board of Trustees of Baltimore City Community College on a quarterly basis.
Through June 30, 1999, the City of Baltimore shall be responsible for providing at least $600,000 in each fiscal year to support education at the College.
Of this amount, in each fiscal year, at least $300,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.
The source of the $600,000 is not limited to tax or fee revenues generated by the City of Baltimore.
Beginning on July 1, 1999, the City of Baltimore shall be responsible for providing at least $800,000 in each fiscal year to support education at the College.
Of this amount, in each fiscal year, at least $500,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.
The source of the $800,000 is not limited to tax or fee revenues generated by the City of Baltimore.
Beginning on July 1, 2006, the City of Baltimore shall be responsible for providing at least $1,000,000 in each fiscal year to support education at the College.
Of this amount, in each fiscal year, at least $400,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.
The source of the $1,000,000 is not limited to tax or fee revenues generated by the City of Baltimore.
The Board of Trustees shall submit an annual report on or before December 31 to the Director of Finance for the City of Baltimore regarding the expenditures made under this paragraph.
There is a Baltimore City Community College police force.
A Baltimore City Community College police officer has the powers granted to a peace and police officer.
A Baltimore City Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Baltimore City Community College.
The police officer may not exercise these powers on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Baltimore City Community College; or
Ordered to do so by the Governor.
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Baltimore City Community College police officers, including standards for the performance of their duties.
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
The Board of Trustees shall adopt regulations governing the operation and conduct of the Baltimore City Community College police force and of Baltimore City Community College police officers.
The establishment of the College of Southern Maryland as a regional college is based on the findings and policies set forth in this section.
Charles County Community College has provided higher education opportunities in Calvert County for more than 15 years and in St. Mary’s County for more than 20 years through a contractual arrangement with the county.
The continuing growth of Charles County Community College as a quality institution requires that a partnership be established to provide a new college identity reflective of the three southern Maryland counties, a governance structure of shared ownership, and the equitable distribution of fiscal support.
In this subtitle the following words have the meanings indicated.
“Board of Trustees” means the Board of Trustees of the College of Southern Maryland.
“College” means the College of Southern Maryland, formerly known as the Charles County Community College.
“Commission” means the Maryland Higher Education Commission.
“County commissioners” means the elected county commissioners from Calvert, Charles, and St. Mary’s counties.
“Officer” means the president, vice presidents, deans, or other officers of the College as shall be appointed by the Board of Trustees.
“Resident campus” means a primary campus located in Calvert County, Charles County, or St. Mary’s County.
“Southern Maryland” means the area that includes all of Calvert, Charles, and St. Mary’s counties.
There is a College of Southern Maryland, formerly known as the Charles County Community College, located in Calvert, Charles, and St. Mary’s counties, Maryland.
With other educational institutions, the College shall provide the services and programs described in § 10-210 of this article.
The College is an institution of higher education of the State of Maryland.
Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.
Calvert, Charles, and St. Mary’s counties may appropriate money to pay the cost of operating the College according to the provisions of this article.
Each southern Maryland county may borrow money to purchase land and construct capital improvements for the College.
Money may be borrowed on terms and conditions the county commissioners consider proper, subject to any requirements of local law applicable to the creation of public debt.
Unless otherwise agreed to by the county commissioners, the capital expenditures for each campus are the responsibility of the county in which the campus is located.
The distribution of shared costs will be that of a regional community college as designated in § 11-105(j)(6)(i) of this article.
The government of the College is vested in the Board of Trustees.
The Board of Trustees consists of nine members appointed by the Governor with the advice and consent of the Senate.
Of the members:
Each shall be a resident of the State;
Each shall have completed at least 60 hours of accredited college work; and
None may be an elected official of the State, a county, a municipal corporation, or a county board.
Each of the southern Maryland counties shall be represented by at least one member who is a resident of that county.
By July 1, 2010, each of the southern Maryland counties shall be represented by at least three members who are residents of that county.
The term of a member is 5 years.
A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term.
A member may not serve more than two consecutive full terms.
Each member of the Board of Trustees is entitled to receive up to $600 a year for expenses.
Each year prior to June 30 the Board of Trustees:
Shall elect a chair and vice chair from among its members; and
May elect any other officers it requires.
The Board of Trustees shall determine the time and place of its meetings.
The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.
A majority of the members then serving on the Board of Trustees is a quorum for the transaction of business.
In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.
The Board of Trustees shall exercise general control over the College, keep separate records and minutes, and adopt reasonable rules, regulations, and bylaws to carry out the provisions of this title.
The Board of Trustees may fix the salaries and tenure of the president, faculty, and other employees of the College.
The Board of Trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the College.
The Board of Trustees may sell, lease, or otherwise dispose of assets or property of the College.
The president of the College and the chair of the Board of Trustees may execute a conveyance or other legal document under an appropriate resolution of the Board of Trustees.
The Board of Trustees may apply for and accept any gift or grant from the federal government or any other person.
Subject to the minimum standards of the Commission, the Board of Trustees may determine entrance requirements and approve offerings that consist of:
Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;
Career programs offering technical, vocational, and semiprofessional education; and
Continuing education and contract-training programs.
Except as provided in § 16-310 of this title, the Board of Trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified students at low cost.
The Board of Trustees may sue and be sued.
The Board of Trustees may make agreements with the federal government or any other person, including agreements between counties, if the Board of Trustees considers the agreement advisable for the establishment or operation of the College.
The Board of Trustees may adopt a corporate seal.
The Board of Trustees shall appoint a president of the College who shall be the chief executive officer of the College and the secretary/treasurer of the Board of Trustees.
The Board of Trustees may:
Appoint an individual, other than the attorney to the Board of Trustees, as hearing examiner; and
Adopt rules governing proceedings before the hearing examiner.
The hearing examiner:
May hold an initial hearing on any matter brought before the Board of Trustees; and
Shall submit to the Board of Trustees and to the parties findings of fact and conclusions of law, a transcript of the proceedings, and exhibits.
The Board of Trustees shall:
Hear arguments, if requested by a party; and
After considering the arguments and the record, decide the matter.
The decision of the Board of Trustees may not be appealed.
The president of the College shall:
Report directly to the Board of Trustees;
Recommend the appointment by the Board of Trustees of qualified faculty members and other employees necessary for the efficient administration of the College;
Recommend the discharge of employees for good cause, provided that any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;
Be responsible for the conduct of the College and for the administration and supervision of its departments; and
Attend all meetings of the Board of Trustees, except those involving the position of president.
Except as otherwise provided in this subtitle, the provisions of §§ 16-106 and 16-107 of this title apply to the College.
Each year the Board of Trustees and the president of the College shall prepare and submit to the county commissioners:
An annual report;
An operating budget;
A capital budget; and
If required, a long–term capital improvement program.
The operating budget shall show:
All revenues estimated for the next fiscal year classified by funds and sources of income;
All expenditures requested, including the major functions listed under § 16–304(b) of this title; and
Any other information or supporting data required by the county commissioners.
The county commissioners in each county shall review and approve the budget request made to that county and may reduce it.
The operating budget of the College as outlined in this section shall be submitted to the Commission for informational purposes.
In this subtitle the following words have the meanings indicated.
“Agreement” means a written contract between a public employer and an employee organization.
“Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.
“Board” means the Public Employee Relations Board.
“Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article.
“Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties.
“Employee organization” has the meaning stated in § 22–101 of the State Government Article.
“Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.
“Fact–finding” means a process conducted by the Board that includes:
The identification of the major issues in an impasse;
The review of the positions of the parties; and
A resolution of factual differences by an impartial individual or panel.
“Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads.
“Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants.
“Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement.
“Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations.
“Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees.
“Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college.
“Public employee” means an employee employed by a public employer.
“Public employee” includes faculty and part–time faculty at the Baltimore City Community College.
“Public employee” does not include:
Officers;
Supervisory or confidential employees; or
Student assistants.
“Public employer” means the board of community college trustees for a community college.
“Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.
It is the intent of the General Assembly that:
The State promote harmonious and cooperative relationships with the public employees of the community college system by encouraging collective bargaining practices, protecting the rights of public employees to associate, organize, and vote for their own exclusive representatives, and recognizing the dignity of labor for all employees of the community college system; and
A delay in implementation of this subtitle shall be to ensure that community colleges are granted sufficient time to plan for potential negotiations and may not be used to plan for, or engage in, activities that would discourage or otherwise coerce employees seeking to hold an election.
This subtitle shall apply:
Beginning on September 1, 2022, to:
Anne Arundel Community College;
Community College of Baltimore County;
Frederick Community College;
Harford Community College;
Howard Community College;
Montgomery College;
Prince George’s Community College; and
College of Southern Maryland;
Beginning on September 1, 2023, to:
Allegany College of Maryland;
Carroll Community College;
Cecil College;
Chesapeake College;
Garrett College;
Hagerstown Community College; and
Wor–Wic Community College; and
Beginning October 1, 2024, Baltimore City Community College.
Public employees, public employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
There may be no more than four bargaining units at each community college including:
One unit reserved for full–time faculty;
One unit reserved for part–time faculty; and
Two units reserved for eligible nonexempt employees, as defined in the federal Fair Labor Standards Act.
Subject to paragraph (2) of this subsection, within 10 days after a new employee’s date of hire, for each new public employee in the bargaining unit represented by the exclusive representative, the public employer shall provide the exclusive representative with the information required under § 16–704 of this subtitle.
A public employer shall provide the exclusive representative with the information required under paragraph (1) of this subsection in a searchable and analyzable electronic format.
Except as provided in paragraphs (2) and (3) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not disclose the information to any person.
An exclusive representative may authorize third–party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative’s statutory duties under this title.
An exclusive representative or an authorized third–party contractor may use the information that it receives under this section for the purpose of maintaining or increasing employee membership in an employee organization.
On written request of a public employee, an exclusive representative shall withhold further communication with a public employee unless otherwise required by law or the written request is revoked by the public employee.
A public employer shall provide the exclusive representative with the information described in subsection (a) of this section for each public employee in the bargaining unit represented by the exclusive representative once every 90 days.
Subject to § 16–706 of this subtitle, a public employer may negotiate with the exclusive representative to provide the information required under this paragraph more frequently than once every 90 days.
A public employer shall provide the exclusive representative with the information described in subsection (a) of this section regardless of whether the newly hired public employee was previously employed by the public employer.
In this section, “new employee processing” means the process for a newly hired public employee, whether in–person, online, or through other means, in which new public employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.
A public employer shall provide the exclusive representative access to new employee processing.
Except as provided in subparagraph (iii) of this paragraph, a public employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
A public employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public employer’s new employee processing that was not reasonably foreseeable.
The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public employer and the exclusive representative in accordance with § 16–706 of this subtitle.
When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 16–707 of this subtitle.
In an impasse proceeding under § 16–707 of this subtitle, the mediator or Board shall consider:
The ability of the exclusive representative to communicate with the public employees it represents;
The legal obligations of the exclusive representative to the public employees;
Applicable State, federal, and local laws;
Any stipulations of the parties;
The interests and welfare of the public employees and the financial condition of the public employer;
The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
A request to negotiate under paragraph (2) of this subsection made between September 1, 2022, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public employer’s new employee processing.
Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
This section does not prohibit a public employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
Collective bargaining shall include all matters relating to:
Wages, hours, and other terms and conditions of employment; and
The procedures for the employee organization to receive membership dues through payroll deduction.
In the course of collective bargaining, the public employer and the exclusive representative shall:
Meet at reasonable times; and
Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner before the budget submission date of the public employer.
An agreement may include a provision for the arbitration of grievances arising under the agreement.
An agreement may not include matters relating to the employees’ or teachers’ retirement or pension systems otherwise covered by the Annotated Code of Maryland.
Paragraph (1) of this subsection does not prohibit a discussion of the terms of the retirement or pension systems in the course of collective bargaining.
The terms of an agreement shall supersede any conflicting regulations or administrative policies of the public employer.
Except as provided in paragraph (2) of this subsection, a request for funds necessary to implement an agreement shall be submitted by the public employer in a timely fashion for consideration in the budget process of the county.
Not later than 20 days after final budget action by the governing body of a county, if a request for funds necessary to implement an agreement is reduced, modified, or rejected by the governing body, either party to the agreement may reopen the agreement.
For Baltimore City Community College, in the annual budget bill submitted to the General Assembly, the Governor shall include any amounts in the budget of Baltimore City Community College required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the immediately following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.
If in the course of collective bargaining a party determines that an impasse exists, that party may request the services of the Board in mediation or engage another mutually agreeable mediator.
By mutual agreement, the parties may engage in mediation.
If there is not mutual agreement, either party may petition the Board to initiate fact–finding.
After considering the status of bargaining and the budget schedule of the public employer, the Board may find that an impasse exists and may notify the parties that fact–finding is to be initiated.
A public employer and the exclusive representative may select their own fact finder.
If the parties have not selected their own fact finder within 5 days after the required notification, the Board shall submit to the parties the names of five qualified individuals.
Each party alternately shall strike two names from the list with the remaining individual being the fact finder.
The fact finder selected by the parties shall conduct hearings and may administer oaths.
The fact finder shall make written findings of fact and recommendations for resolution of the impasse.
Not later than 30 days after the date of appointment, the fact finder shall transmit the findings to the public employer, the exclusive representative, and the Board.
If the impasse continues 10 days after the report is submitted to the parties, any unresolved noneconomic language items that are subject to fact–finding shall be referred to the Board.
The parties shall bear equally the costs of fact–finding.
The Board, on receipt of the report and certification of unresolved noneconomic language items, shall provide the parties with an opportunity to submit additional position statements and issue a written decision adopting:
The final proposal of the public employer;
The final proposal of the exclusive representative; or
The fact finder’s final offer or resolution.
The Board’s written decision is final and binding on the public employer and the exclusive representative.
A public employee or group of public employees has the right at any time to:
Present a grievance arising under the terms of the agreement to the public employer; and
Have the grievance adjusted without the intervention of the exclusive representative.
The exclusive representative has the right to be present during any meeting involving the presentation or adjustment of a grievance.
A public employer shall hear a grievance and participate in the adjustment of the grievance.
The adjustment of a grievance may not be inconsistent with the terms of the collective bargaining agreement then in effect.
A public employer shall give prompt notice of any adjustment of a grievance to the exclusive representative.
There is a program of State aid to private nonprofit institutions of higher education known as the Joseph A. Sellinger Program.
Subject to review by the Board of Public Works, the Maryland Higher Education Commission shall adopt standards and procedures, not inconsistent with this subtitle, to implement and administer the aid program provided for by this subtitle, including standards and procedures for:
Submitting applications for aid;
Verifying full-time equivalent student enrollment by institutions that apply for aid;
Submitting reports or data on the use of this money by the institutions that receive it; and
Paying the aid to the institutions during the fiscal year.
The Maryland Higher Education Commission shall determine which institutions are eligible for aid under this subtitle.
To qualify for State aid under this subtitle, an institution of higher education shall:
Be:
A nonprofit private college or university that was established in the State before July 1, 1970;
A nonprofit private institution of higher education that formerly received State aid as a component of a private college or university that was established in this State before July 1, 1970; or
A private nonprofit institution of higher education that is established in this State and grants an associate of arts degree;
Be approved by the Maryland Higher Education Commission;
Be accredited by the Commission on Higher Education of the Middle States Association of Colleges and Schools;
Have awarded the associate of arts or baccalaureate degrees to at least one graduating class;
Maintain one or more earned degree programs, other than seminarian or theological programs, leading to an associate of arts or baccalaureate degree; and
Submit each new program and each major modification of an existing program to the Maryland Higher Education Commission for its review and recommendation as to the initiation of the new or modified program.
In this subsection, “State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” shall be calculated in accordance with this paragraph using the General Fund and Higher Education Investment Fund actual expenditures for the second previous fiscal year.
The total number of full–time equivalent students is based on credit hour production for the second previous fiscal year.
The number of undergraduate full–time equivalent students shall be calculated using total undergraduate credit hour production divided by 30.
Except as provided in subsubparagraph 2 of this subparagraph, the number of graduate full–time equivalent students shall be calculated based on a methodology agreed to by the University System of Maryland Office, Morgan State University, and St. Mary’s College of Maryland, in consultation with the Commission.
If a methodology is not agreed to on or before September 16, 2024, the Commission shall determine the methodology used to calculate the number of graduate full–time equivalent students.
The Commission shall certify the number of full–time equivalent students for each institution on or before October 1 each year.
Except as provided in subparagraph (ii) of this paragraph, in fiscal year 2025 and each fiscal year thereafter, the Maryland Higher Education Commission shall compute the amount of the annual apportionment for each institution that qualifies under this subtitle by multiplying the number of full–time equivalent undergraduate students enrolled at the institution during the fall semester of the fiscal year preceding the fiscal year for which the aid apportionment is made, as determined by the Maryland Higher Education Commission, by an amount not less than 16.1% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State.
In each of fiscal years 2027 through 2029, the annual apportionment for each institution that qualifies under this subtitle is:
Capitol Technology University – $914,981;
Goucher College – $3,168,940;
Hood College – $3,611,811;
Johns Hopkins University – $20,554,298;
Loyola University of Maryland – $12,550,328;
Maryland Institute College of Art – $3,745,718;
McDaniel College – $5,945,264;
Mount St. Mary’s University – $5,476,872;
Notre Dame of Maryland University – $2,037,187;
St. John’s College – $1,701,410;
Stevenson University – $9,206,521;
Washington Adventist University – $1,367,650; and
Washington College – $3,041,744.
Full–time equivalent students enrolled in seminarian or theological programs shall be excluded from the computation required by subsection (a) of this section.
Full–time equivalent students enrolled in programs that are part of an agreement or contract with for–profit educational services entities shall be excluded from the computation required by subsection (a) of this section.
Payments of State general funds under Subtitle 3 of this title shall be excluded from the computation required by subsection (a) of this section.
For purposes of this section, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:
Noncapital appropriations from the Higher Education Investment Fund; and
Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.
The Maryland Higher Education Commission shall certify the amount of aid due each institution under this subtitle to the Governor, who shall include the total amount in the annual budget submission.
If a private nonprofit institution of higher education has implemented a new or substantially modified program contrary to the recommendation of the Maryland Higher Education Commission that was based on a finding of unreasonable duplication, then the Maryland Higher Education Commission may recommend that the General Assembly reduce the appropriation by the amount of aid associated with the full–time equivalent enrollment in that program. This provision does not preclude the private nonprofit institution from going forward with implementation of the new or substantially modified program.
The Maryland Higher Education Commission shall certify the amount of aid due each institution, less any reduction made by the General Assembly under subsection (b) of this section, to the State Comptroller, who shall pay it from appropriations made for this program under the normal budgetary procedures.
If the General Assembly reduces program funding under subsection (b) of this section, the affected private nonprofit institution annually may reapply to the Maryland Higher Education Commission for reconsideration of the program recommendation.
If the Commission determines that the unreasonable duplication no longer exists, then the Commission may recommend that there be no reduction in the institution’s amount of aid.
Subject to the initial approval of the Secretary of General Services, an institution that qualifies for aid under this subtitle may make any purchase through the Department of General Services in accordance with the rules and regulations of that Department.
An institution may not use money payable or goods purchased under this subtitle for sectarian purposes.
There is an Eminent Scholar Program to give public institutions of higher education the opportunity to attract and keep faculty who have achieved national eminence in their disciplines.
Each public institution of higher education may participate in the Eminent Scholar Program.
The governing body of each institution that participates in the Program shall adopt standards and procedures for attracting and keeping eminent scholars in this State that include the following concepts:
The appointee shall hold the rank of associate or full professor, or its equivalent, such as artist in residence;
The appointee shall have achieved national eminence in his discipline as judged by his peers; and
The “eminence” of the appointee:
Shall be judged, generally, on evidence of effective teaching and productive research as attested to by his peers; and
If appropriate, may be judged on the basis of artistic achievement or distinguished accomplishments in areas that lie beyond academic endeavor but for which there is concrete evidence of superior talent.
Each chair designated as a position for an eminent scholar shall be endowed fully for the incumbency of the holder of that chair.
The State may contribute the funds provided in the budget to match endowments obtained by each institution that are specifically designated for the Eminent Scholar Program. The contribution shall be in conjunction with, and supplemental to, the regular faculty salary funding.
In this subtitle the following words have the meanings indicated.
“Base year” means July 1, 1997 through June 30, 1998.
“Eligible institution” means:
Each public senior higher education institution identified in § 10–101(m) or § 12–101(b)(3) of this article or its affiliated foundation; and
The following community college campuses or their affiliated foundations:
Allegany;
Anne Arundel;
Baltimore City;
Calvert;
Carroll;
Catonsville;
Cecil;
Charles;
Chesapeake;
Dundalk;
Essex;
Frederick;
Garrett;
Germantown;
Hagerstown;
Harford;
Howard;
Prince George’s;
Rockville;
St. Mary’s;
Takoma Park; and
Wor–Wic.
“Eligible private donor” means an individual, corporation, partnership, or other form of business organization, public or private foundation, or other nonprofit organization.
“Eligible private donor” does not include the State, a subdivision of the State, the federal government, or a foreign government.
“Eligible program” means an endowment for an academic purpose that does not contain unreasonable restrictions as to use as further defined by the Maryland Higher Education Commission.
“Endowment” means a donation or gift that has been provided under the condition that the principal remain intact and be invested in perpetuity for the purpose of producing income.
Except as provided in subsection (b) of this section, each eligible institution shall receive from the State, in the manner and subject to the limitations of this subtitle, with respect to the amounts pledged by eligible private donors as voluntary donations at any time during the previous fiscal year to the eligible institution for eligible programs as follows:
An amount equal to the first $250,000 or any portion thereof of pledged amounts;
An amount equal to one–half of the next $1,000,000 or any portion thereof of pledged amounts; and
An amount equal to one–third of the amount in excess of $1,250,000 or any portion thereof of pledged amounts.
Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore shall receive from the State, in the manner and subject to the limitations of this subtitle, with respect to the amounts pledged by eligible private donors as voluntary donations at any time during the previous fiscal year to the eligible institution for eligible programs as follows:
For amounts pledged on or after July 1, 2001, an amount equal to $2 for every $1 of the first $250,000 or any portion thereof of pledged amounts; and
For amounts pledged on or after July 1, 2001, an amount equal to the next $1,000,000 or any portion thereof of pledged amounts.
Payments shall be made by the State:
Only with respect to pledged amounts that are paid by the eligible private donor to:
Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore before January 1, 2010; and
All other eligible institutions before July 1, 2004; and
To Bowie State University, Coppin State University, Morgan State University, and the University of Maryland Eastern Shore, in the fiscal year following the fiscal year during which the amounts are paid by eligible private donors; and
To all other eligible institutions, in equal installments in fiscal years 2006, 2007, 2008, and 2009.
Payments by the State under this subtitle may not exceed:
$250,000 to each community college campus;
$1,250,000 each to the University of Maryland, College Park Campus, the University of Maryland, Baltimore Campus, and the University of Maryland Baltimore County;
$1,500,000 each to Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore; and
$750,000 to each other eligible institution.
To determine eligibility for State payments, each donation shall be compared to the amount donated during the base year. The following criteria shall be the basis for comparison:
Each donation must be from a new donor; or
Each donation must represent an increase over the amount given by the donor during the base year.
A donation received during the base year that fulfills a pledge made prior to the base year may not be included in the determination of the amount donated during the base year.
Each donation must be specifically designated as an endowment.
An affiliated foundation of an eligible institution that receives State payments shall provide to the Maryland Higher Education Commission an annual audit of all pledged and paid amounts and their sources, and a copy of the annual audit shall be provided to the Legislative Auditor.
Amounts paid by the State under this subtitle may be applied to any eligible program at the eligible institution to which the payment is made.
No more than one-half of the total amount to be paid by the State under provisions of this subtitle may be appropriated in any fiscal year. The provisions of § 7-302 of the State Finance and Procurement Article do not apply to unused program funds.
Amounts paid by the State to an eligible institution under this subtitle may not directly or indirectly reduce the State General Fund or Capital Fund support for the eligible institution.
The Maryland Higher Education Commission shall:
Adopt regulations necessary for the administration of this subtitle; and
Submit to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly an annual report summarizing the total amount of funds pledged by eligible private donors and total amount of funds raised.
There is a Teacher Quality and Diversity Program to assist institutions of higher education in:
Taking advantage of national foundation efforts to develop highly qualified teachers and leaders from diverse backgrounds; and
Aiding students from groups historically underrepresented in the teaching profession in achieving teacher preparation and certification requirements.
The Maryland Higher Education Commission shall implement and administer the Teacher Quality and Diversity Program under this subtitle.
The Commission shall give priority to historically black colleges and universities and Hispanic–serving institutions with a track record of preparing diverse and high–quality teachers in making grants under this subtitle.
If an institution of higher education receives grant funding from a non–State source to increase the quality and diversity of applicants for the institution’s teacher training program, the institution may receive additional grant funding from the State, as needed, in an amount equal to or less than the non–State grant received by the institution.
In each fiscal year, the amount of grant funding provided by the State to institutions of higher education in accordance with subsection (a) of this section may not exceed $500,000.
The Commission shall provide assistance with applying for grants under this subtitle to institutions of higher education that are required under § 6–123 of this article to seek grant funding to increase the quality and diversity of applicants for the institution’s teacher training program.
There is a Teacher Quality and Diversity Grant Program within the Teacher Quality and Diversity Program.
The purpose of the Teacher Quality and Diversity Grant Program is to provide grants to teacher preparation programs at institutions of higher education to assist students from groups historically underrepresented in the teaching profession in achieving teacher preparation and certification requirements.
The Maryland Higher Education Commission shall administer the Teacher Quality and Diversity Grant Program by awarding grants totaling at least $500,000 each year:
To applicants on a competitive basis; and
In a manner that serves the purpose of the Grant Program.
The Maryland Higher Education Commission may adopt regulations to carry out this section.
The Governor shall include in the annual budget bill an appropriation of at least $1,000,000 to the Teacher Quality and Diversity Program.
Subject to the provisions of this subtitle, the Maryland Higher Education Commission may use the funds appropriated under subsection (a) of this section to award funding to institutions of higher education under § 17–402 or § 17–404 of this subtitle.
In this title the following words have the meanings indicated.
“Commission” means the Maryland Higher Education Commission.
“Office” means the Office of Student Financial Assistance.
“Secretary” means the Secretary of Higher Education.
Except as otherwise provided in this title, the provisions of this subtitle apply to any scholarship, grant, loan, or other student financial assistance awarded by the Office.
Except as otherwise provided in Subtitles 3, 4, 5, and 12 of this title, a scholarship, grant, loan, or other student financial assistance awarded by the Office may be used only at a public or private nonprofit institution of higher education in this State that possesses a certificate of approval from the Commission.
This title does not affect the power of any institution over:
Its operation or curriculum;
Its standards of scholarship for admission or attendance;
Examinations and grades;
Adoption and enforcement of rules and regulations; and
The disciplining of students.
The recipient of a scholarship may not be:
Denied admission to any institution because of religion; or
Required to take sectarian religious courses to qualify for a degree.
If requested by the donor or sponsor, any public institution of higher education shall report the academic grades of the recipient of a scholarship to the donor or sponsor at the end of each semester.
If, during an academic year, a student who is receiving any student financial assistance award withdraws from the institution at which the award is used or otherwise fails to remain eligible for the award, the institution shall make a pro rata refund to the Office or other donor on the same terms that it makes refunds to students.
Any refund may be reawarded on an interim basis under this title until the end of the academic year. Any requirement of an examination is waived for the recipient of an interim award.
Each year, money for each student financial assistance program administered by the Office shall be included in the State budget.
Each year, the Governor shall include in the State budget at least 80 percent of the funds appropriated in the prior fiscal year for need–based programs as provided in §§ 18–301, 18–706(f), 18–1401, 18–1501, and 18–2601 of this title.
Except as otherwise provided in this title, money appropriated under this title that is not used by the end of the fiscal year shall be deposited in the Need–based Student Financial Assistance Fund.
In this subsection, “Fund” means the Need–based Student Financial Assistance Fund.
There is a Need–based Student Financial Assistance Fund.
The purpose of the Fund is to allow money appropriated for student financial assistance programs that is not used in a fiscal year to be retained for need–based awards in future fiscal years.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund and the Comptroller shall account for the Fund.
The Fund consists of:
Money distributed to the Fund under subsection (b) of this section; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for making need–based financial assistance awards to students as provided in §§ 18–301, 18–601, 18–604, 18–706(f), 18–1401, 18–14A–01, 18–1501, 18–2507, and 18–2601 of this title.
The Fund may not be used for administrative expenses.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any investment earnings on the funds in the account shall be paid into the General Fund of the State.
Expenditures from the Fund may be made only in accordance with the State budget.
Any college student or other individual, who is under 18 years old and is eligible for or is receiving benefits from any State scholarship, loan, tuition grant, remission of fixed charges, fellowship, federal or State student loan program, or any other student financial assistance:
May execute notes, contracts, or agreements necessary to obtain these benefits in the same manner and with the same effect as though he were 18 years old; and
May not assert the disability of infancy as a defense in any action brought against him with respect to these benefits.
Any student attending a public institution of higher education who is not a resident of this State and who is enrolled in an education course or program leading to an occupation as a licensed registered nurse or a licensed practical nurse shall pay only the tuition fees and other mandatory fees payable by a resident of this State if the student furnishes a promissory note to this State, with security satisfactory to the Commission, that, on completion of the education course or program, the student will work in this State for at least 4 years as a licensed registered nurse or a licensed practical nurse in a hospital or related institution, as defined in § 19–301 of the Health – General Article.
The Secretary of Health may determine if there is a shortage of licensed registered nurses or licensed practical nurses.
Subject to paragraphs (3) and (4) of this subsection, if the Secretary determines that there is no shortage of licensed registered nurses or licensed practical nurses, the nonresident student tuition reduction program established under this section may not be applied to any courses or programs required for that particular occupation.
Paragraph (2) of this subsection applies only to students who enroll in a course of study leading to that occupation subsequent to the determination made under paragraph (1) of this subsection.
Paragraph (2) of this subsection may not affect any student who is participating in the nonresident tuition reduction program prior to the determination under paragraph (1) of this subsection.
As a condition of receiving student financial assistance awarded by the Office, each recipient shall sign a statement pledging to remain drug free. The Commission shall determine the contents of the drug free statement.
Except as otherwise provided in this title, repayment obligations incurred by recipients of student financial assistance administered by the Office shall be calculated at an interest rate equal to and matching the interest rate established by the United States Department of Education for the Federal Stafford Loan on the first day of July of each year, with interest not accruing prior to notification to the Commission of a recipient’s graduation or termination from an institution of higher education.
A recipient shall commence repayment obligations upon graduation or termination from an institution of higher education.
A student may receive one or more awards of student financial assistance administered by the Office if:
Eligibility requirements are met for each type of student financial assistance received; and
The total of all student financial assistance received does not exceed:
The student’s total cost of education as certified by the institution the student is attending; and
The equivalent annual expenses of a full–time resident undergraduate at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
A student who receives multiple awards of student financial assistance that have a service obligation requirement:
Must fulfill the terms of each service obligation; and
May not fulfill the service obligations concurrently.
The Commission and the Department shall work collaboratively to develop an application for use on digital devices that provides:
Information about State financial aid programs;
Calendar notifications for dates and deadlines associated with applying for financial aid; and
Any other information the Commission and the Department determine to be necessary or helpful to parents and students regarding financial aid in the State.
In this section, “education loan” means a direct loan administered by the U.S. Department of Education that is made to assist a student in obtaining a postsecondary education.
“Education loan” does not include a Parent Plus loan or a private student loan.
An institution of postsecondary education that receives education loan information from the U.S. Department of Education shall provide to each undergraduate student enrolled in the institution who applies for federal student aid in the applicable award year:
The information reported on the student’s Student Aid Report issued by the U.S. Department of Education from the most recent award year, including:
The total amount of outstanding loans; and
The monthly payment amount for a 10–year period for every $1,000 owed by the borrower;
The lifetime loan limit for undergraduate student borrowers;
A statement that the actual repayment amount is dependent on the following factors:
The total amount a student borrows;
The interest rate at the time the funds are borrowed and the amount of interest that accrues over the course of the loan;
The length of the repayment term of the loan; and
The decisions a student makes relating to:
Income–based repayment plans;
Deferments; and
Loan forgiveness;
A link to the National Student Loan Data System for Students website and an income–driven repayment plan website; and
The address of the financial aid office where the student may seek financial aid counseling.
An institution of postsecondary education shall provide the information required under subsection (b) of this section to students annually with the student’s financial aid award notice.
The information provided under this section may include the following statement:
“The information provided by the institution of postsecondary education was obtained from your Student Aid Report issued by the U.S. Department of Education for the most recent award year. It is based on assumptions made by the U.S. Department of Education as reported in your Student Aid Report and is not meant as a guarantee or promise. This information does not include Parent Plus loans or private student loans.”
If an institution of postsecondary education includes the statement under subsection (d) of this section with the information required under subsection (b) of this section, the institution of postsecondary education does not incur liability for any inaccurate representations made under this section if the representations were:
Made based on incorrect information provided by the U.S. Department of Education; and
Reasonably relied on in good faith by the institution of postsecondary education.
There is an Office of Student Financial Assistance within the Commission.
The head of the Office is the Executive Director, who shall be appointed by the Secretary.
Subject to the general policies of the Maryland Higher Education Commission and the general supervision of the Secretary, the Executive Director exercises the powers and performs the duties under this title.
The Office may employ the additional staff necessary to carry out its functions as provided in the State budget.
Each employee of the Office is entitled to the compensation provided in the State budget.
In conducting their operations, the Commission and Office shall share resources and coordinate their activities in order to enhance the efficient utilization of resources in the performance of their functions.
In addition to any other powers granted and duties imposed by this title, the Office has the powers and duties set forth in this section.
Except as otherwise provided in this title, the Office shall:
Administer student financial assistance programs;
Issue and disseminate public information about student financial assistance;
Regulate the form and submission of applications for student financial assistance under this title; and
Conduct conferences and interviews with applicants to evaluate their eligibility.
The Office may adopt any rule or regulation necessary to carry out its powers and duties.
The rules and regulations adopted by the Office under paragraph (1) of this subsection may include provisions for:
The performance of a service obligation for a program that as a condition of award requires a recipient of student financial assistance to perform a service obligation;
The repayment of student financial assistance funds received should a recipient fail to perform a service obligation; and
Waiver and deferment of a service obligation or repayment in circumstances determined by the Commission.
The Office:
Shall administer any federal program of scholarships or grants to students or institutions except for the Christa McAuliffe Fellowship which shall be administered by the Maryland State Department of Education; and
May do anything necessary to comply with any federal law relating to these scholarships or grants.
The Office shall:
Arrange for the competitive examination required of applicants for certain scholarships; and
Send the results of the examination to the appropriate institutions and to the person who awards the scholarship.
The Office shall:
Analyze under uniform standards the financial need of each applicant for a scholarship for which financial need is a consideration; and
Send its analysis to the appropriate institution and the person who awards the scholarship.
Subject to rules and regulations adopted by the Commission, the Office shall grant a deferment from the service obligation component of student financial assistance awarded under this title to:
An active service member who has been assigned duty outside of the State; or
The spouse of an active service member who has been assigned duty outside of the State.
For each award of a scholarship under this title, the Office shall inform the recipient of the scholarship of the availability of the income tax credit under § 10–740(c)(4) of the Tax – General Article for State employees.
There is a Delegate Howard P. Rawlings Program of Educational Excellence Awards in this State that are awarded under this subtitle.
The Program shall consist of the following types of awards:
Guaranteed Access Grants that are awarded to the neediest students to ensure that 100 percent of educational costs, as defined by regulations adopted by the Commission, are paid; and
Educational Assistance Grants that are awarded to low and moderate income students to assist in paying educational costs, as defined by regulations adopted by the Commission.
The Office of Student Financial Assistance shall publicize the availability of Delegate Howard P. Rawlings Educational Excellence Awards.
Subject to subsection (e) of this section, each recipient of a Delegate Howard P. Rawlings Educational Excellence Award shall:
Be accepted for admission in the regular undergraduate program at an eligible institution or be enrolled in a 2–year associate degree program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution;
Except as provided in § 18–303.2 of this subtitle, be a resident of this State;
Demonstrate a definite financial need to:
For an Educational Assistance Grant, the Office; or
For a Guaranteed Access Grant, the Office or an institution of higher education that complies with § 18–303.3 of this subtitle; and
Accept any other conditions attached to the award.
Except as provided in subsection (c) of this section, each recipient of a Guaranteed Access Grant shall:
Have completed high school or, failing to do so, on the recommendation of the recipient’s high school principal, provide evidence satisfactory to the Office of extenuating circumstances;
Begin college within 6 years of completing high school or, failing to do so, provide evidence satisfactory to the Office of extenuating circumstances;
Be under the age of 26 years at the time of receiving the first award;
Enroll in college as a full–time student;
Subject to subsection (d) of this section, have an annual family income below a poverty index determined by the Commission; and
Satisfy any additional criteria the Commission may establish.
Subject to paragraph (2) of this subsection, an individual who has successfully obtained a high school diploma by examination under § 11–808 of the Labor and Employment Article is exempt from the requirements of subsection (b) of this section.
An individual described under paragraph (1) of this subsection is eligible for a Guaranteed Access Grant if the individual:
Has scored a passing score of at least 145 per module on the diploma by examination;
Begins college within 6 years of achieving the score described under item (i) of this paragraph or, failing to do so, provides evidence satisfactory to the Office of extenuating circumstances;
Is under the age of 26 years at the time of receiving the first award;
Enrolls in college as a full–time student; and
Subject to subsection (d) of this section, has an annual family income below a poverty index determined by the Commission.
To determine the annual family income eligibility of an applicant for a Guaranteed Access Grant, the Office or an institution of higher education that complies with § 18–303.3 of this subtitle may not consider an amount received by the applicant as an earned income credit under § 32 of the Internal Revenue Code.
When awarding a Guaranteed Access Grant to a student who prequalified for the award under subsection (e)(1) or (2) of this section, the Commission shall use the annual family income determination used when the student prequalified.
Except as provided in paragraph (2) of this subsection, a student in grade 7 or grade 8 who applies and qualifies for a Guaranteed Access Grant on the basis of financial need as established by the Commission shall prequalify for a Guaranteed Access Grant to be used at the time of enrollment in an institution of higher education by agreeing in writing, as a secondary and undergraduate student, to:
Satisfy the attendance policy of the applicable school;
Provide information required by the Commission or the State Board of Education;
Apply for admission to an institution of higher education during the student’s senior year of high school;
Complete and file on a timely basis applications for federal student aid for each year that the student plans to enroll in postsecondary education;
Participate in the Next Generation Scholars of Maryland Program established in § 18–303.1 of this subtitle until the student graduates from high school and matriculates at an institution of higher education;
Maintain a cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent; and
Satisfy any other program requirements set by the Office, the Commission, the State Board of Education, or the State Department of Education.
A student in grade 9 or grade 10 shall prequalify for a Guaranteed Access Grant to be used at the time of enrollment in an institution of higher education if the student:
Otherwise meets the conditions of paragraph (1) of this subsection; and
Is eligible for free or reduced priced meals; or
Attends a school that participates in the U.S. Department of Agriculture Community Eligibility Provision and the student is identified by:
Direct certification; or
Income information provided by the family of the student to the local school system on an alternative form developed by the Department.
In this section the following words have the meanings indicated.
“Fund” means the Next Generation Scholars of Maryland Program Fund.
“Program” means the Next Generation Scholars of Maryland Program.
The Commission, in collaboration with the Department, county boards of education, county superintendents, and institutions of higher education, shall administer the Next Generation Scholars of Maryland Program.
The Program shall provide guidance and services to students who qualify for a Guaranteed Access Grant in accordance with § 18–303(e) of this subtitle and students who qualify to receive free or reduced–price lunch under the National School Lunch Program to assist the students in successfully:
Completing a college preparatory curriculum;
Graduating from high school;
Matriculating at an institution of higher education as defined in § 18–303 of this subtitle; and
Making timely progress to complete a degree program.
The Commission shall:
In collaboration with the Department, publicize the Program through community outreach and marketing materials, including posting lists of the nonprofit organizations selected to provide services and the local school systems and cities in which the Program is located;
Award grants to nonprofit organizations to administer the Program;
Solicit applications from nonprofit organizations to administer the Program in local school systems; and
Give priority to applications:
From Maryland–based nonprofit organizations; and
That include business and institution of higher education partners.
The Department shall assist the Commission with the review of applications and the selection of nonprofit organizations to administer the Program in local school systems.
The Program may continue to provide services to students:
When they attend an institution of higher education; or
Who have participated in the Program for at least 1 full year and relocate to another county in the State that does not participate in the Program.
In accordance with subsection (c) of this section, the services to be provided to students participating in the Program shall include:
A high school graduation plan;
Summer work or internship opportunities;
Financial aid literacy assistance, including informing students of available sources of financial aid and how to leverage federal, State, and institutional aid at specified institutions to make higher education affordable;
Career interest assessments;
Mentorship and one–on–one counseling;
Visits to college campuses and workplaces;
An intensive summer bridge or matriculation assistance program for students entering an institution of higher education directly from high school; and
A plan to matriculate and graduate from an institution of higher education.
A nonprofit organization that receives a grant to provide the guidance and services required under subsection (e) of this section may utilize:
Postsecondary students receiving work–study assistance at Maryland institutions of higher education; and
Secondary students in 11th and 12th grades who are successfully completing high school graduation requirements.
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Program.
The Commission shall distribute grants to nonprofit organizations that:
Are selected in accordance with subsection (d) of this section; and
Will administer the Program in local school systems in which at least 50% of the students as a percentage of full–time equivalent students as defined in § 5–201 of this article are eligible to receive a free lunch under the National School Lunch Program in the 2015–2016 school year, as identified by the Department.
There is a Next Generation Scholars of Maryland Program Fund.
The purpose of the Fund is to provide funds for the administration of the Program.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget for the Program;
Interest earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for administering the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
The Commission may adopt regulations necessary to implement this section.
On or before December 1, 2020, and each December 1 thereafter, the Commission and the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the implementation of the Program, including:
The number of students from each local school system who were prequalified for the Guaranteed Access Grant during each year of the Program;
The race, disability status, and English language learner status of each participating student who prequalified for the Guaranteed Access Grant each year of the Program;
The progress of each participating student through the Program, including high school graduation, institution of higher education matriculation and retention rates, and, if applicable, institution of higher education graduation rates;
The potential for allocating additional funds for longitudinal data collection of the number of students matriculating to institutions of higher education each year, the number of students receiving retention services each year, and postsecondary outcomes for those two categories of students;
The amount and quality of services provided by nonprofit organizations to participating students, including the use of college work–study students and high school students as mentors and counselors;
The nonprofit organizations that received grants under the Program, including any other entities that provided services such as institutions of higher education, the business community, and local schools or local school systems;
The amount of financial aid, in addition to the Guaranteed Access Grant, that participating students received each year that the students were enrolled in an institution of higher education; and
Findings and recommendations on the success of the Program and whether funding for the Program should be continued or expanded.
Notwithstanding § 18–303(a)(2) of this subtitle, an individual is eligible for an award under this subtitle if the individual is eligible for in–State tuition under this article.
A public institution of higher education in the State, or a private nonprofit institution of higher education that is eligible for State aid under § 17–103 of this article, may verify the eligibility of an applicant for, and on verification of the eligibility administer, a Guaranteed Access Grant in accordance with this section.
An institution may verify:
The eligibility of an applicant who:
Is identified by the Office as potentially eligible for a Guaranteed Access Grant under § 18–303 of this subtitle; and
Applies for admission to the institution; or
The renewal eligibility of a student who:
Received a Guaranteed Access Grant under § 18–303 of this subtitle in the prior award year; and
Is an admitted student at the institution in the current award year.
An institution shall:
Verify that an applicant qualifies for a Guaranteed Access Grant under the requirements of § 18–303 of this subtitle;
Evaluate the applicant’s income eligibility criteria using federal standards for verification and in accordance with the income eligibility criteria established by the Office;
Maintain records used by the institution to determine the eligibility of applicants for a period of 5 years after the end date of the award year associated with the student’s last award; and
Provide the Commission with an audit, in accordance with rules adopted by the Commission, to show that awards verified and administered under this section have been made properly.
Subject to paragraph (2) of this subsection, a verification obtained by an applicant under subsection (b) of this section may be used at any eligible institution described under § 18–305 of this subtitle.
The amount of the Guaranteed Access Grant awarded to an applicant may be adjusted in accordance with the cost of attendance at the institution at which the applicant uses the award.
This section applies beginning with the 2029–2030 financial aid award year.
Beginning when financial aid information is available each year, but not later than October 1 each year, the Office shall compile and certify lists for the entire State that rank applicants for the Guaranteed Access Grant award by financial need.
Regularly, the Office shall provide to each institution of higher education in the State the lists compiled and certified in accordance with paragraph (1) of this subsection.
Each institution of higher education shall use the lists provided by the Office in accordance with subsection (b) of this section, and the requirements under §§ 18–303 and 18–304 of this subtitle, to determine the applicants who shall be offered a Guaranteed Access Grant award by the institution and the amount of the award.
The institution shall send the financial aid award notification to an applicant to offer the applicant a Guaranteed Access Grant award.
An applicant may accept the offer of a Guaranteed Access Grant award from an institution of higher education.
Each semester, each institution of higher education shall submit to the Office a list of the students who were awarded a Guaranteed Access Grant for the semester and the amounts awarded.
The Office shall reimburse each institution for the Guaranteed Access Grant awards on the list submitted in accordance with paragraph (1) of this subsection.
The Office shall compile and certify lists of students who previously received a Guaranteed Access Grant award and are eligible for a renewal award.
The Office shall provide to each institution of higher education in the State the lists compiled and certified in accordance with subparagraph (i) of this paragraph.
Each institution of higher education shall use the lists provided by the Office in accordance with paragraph (1) of this subsection, and the requirements under §§ 18–303 and 18–304 of this subtitle, to determine the students who shall be offered a Guaranteed Access Grant renewal award by the institution.
The institution shall send the financial aid award notification to a student to offer the student a Guaranteed Access Grant renewal award.
The Office shall reimburse each institution of higher education for the Guaranteed Access Grant renewal awards made in accordance with paragraph (1) of this subsection.
The Office shall adopt regulations to implement this section.
In this section, “academic year” means:
The fall, spring, and summer semesters; and
Any semester shorter in length than the term of a regular semester.
An institution of higher education shall determine the amount of each Guaranteed Access Award based on the financial need of the applicant.
In determining the amount of financial need, the institution of higher education shall consider regional cost–of–living differences.
In determining the percent of financial need used to calculate an award for a community college student receiving a Guaranteed Access Award, the institution of higher education shall use not less than 60%.
Except as provided in paragraphs (2) and (3) of this subsection, a Delegate Howard P. Rawlings Educational Excellence Award may be awarded in $100 increments.
The amount of an Educational Assistance Grant made to a student in the student’s first 2 academic years of enrollment may not be less than $400 or more than $3,000.
Beginning in the third academic year of enrollment and for each academic year thereafter:
If the student successfully completed at least 30 credits in the prior academic year, the amount of an Educational Assistance Grant made to a student may not be less than $400 or more than $3,000; or
If the student successfully completed at least 24 but less than 30 credits in the prior academic year, the award amount shall be equal to the amount the student would have otherwise received multiplied by the ratio of the number of credits successfully completed divided by 30.
All applicants who fulfill the requirements established in § 18–303(a) and (b) of this subtitle shall receive a Guaranteed Access Grant.
Except as provided in subparagraph (iv) of this paragraph, the amount of a Guaranteed Access Grant made to a student in the student’s first 2 academic years of enrollment shall be equal to 100 percent of the student’s financial need as determined by the institution of higher education, not to exceed the equivalent annual expenses of a full–time resident undergraduate at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
Except as provided in subparagraph (iv) of this paragraph, beginning in the third academic year of enrollment and for each academic year thereafter:
If the student successfully completed at least 30 credits in the prior academic year, the award amount shall be equal to 100 percent of the student’s financial need as determined by the institution of higher education, not to exceed the equivalent annual expenses of a full–time resident undergraduate at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate; or
If the student successfully completed at least 24 but less than 30 credits in the prior academic year, the award amount shall be equal to 100 percent multiplied by the ratio of the number of credits successfully completed divided by 30.
If a recipient of a Guaranteed Access Grant becomes ineligible because of a change in family income, the recipient shall remain eligible for the full award for the full award term applicable to the recipient under this subtitle if the recipient remains eligible to receive a federal Pell Grant.
Each institution of higher education shall include in the financial aid award notification to a student the availability of the Educational Assistance Award administered by the Office, including:
A description of the Office and the Educational Assistance Award;
Information on Educational Assistance Award timelines; and
A point of contact at the Office for students.
Beginning in fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $112,000,000 for Delegate Howard P. Rawlings Educational Excellence Awards made under this subtitle.
A Delegate Howard P. Rawlings Educational Excellence Award may be used:
At a degree granting institution of higher education, an eligible institution with an associate degree program that provides transfer credit for an accredited baccalaureate program, or a hospital diploma school for training registered nurses if the curriculum is approved by the Commission; and
For educational expenses as defined by the Commission, including:
Tuition and fees; and
Room and board.
Except as provided in subsection (d) of this section, a Delegate Howard P. Rawlings Educational Excellence Award may be used at a school in another state if:
There is a reciprocal agreement as provided in § 18–308 of this subtitle; and
The school meets requirements of subsection (a)(1) of this section.
Except as provided in subsection (d) of this section, a Delegate Howard P. Rawlings Educational Excellence Award may be used at a degree granting institution of higher education that is not in the State if:
The applicant is a deaf or hearing impaired student attending an institution of higher education that makes special provisions for deaf and hearing impaired students; and
Comparable special provisions are not available to the student at an institution of higher education in the State.
The Office may not award more than 10% of the funds available for each of the types of grants awarded under this subtitle for use by students attending schools in another state and the District of Columbia.
Subject to the provisions of subsection (c) of this section, each recipient of a Delegate Howard P. Rawlings Educational Excellence Award may hold the award for 4 years if the recipient:
Continues to be a resident of this State;
Continues to be a full–time student at an eligible institution and takes at least 12 semester hours of courses each semester, or its equivalent as determined by the Office;
In the judgment of the institution, is making satisfactory progress toward a degree; and
Maintains the standards of the institution.
Each recipient of a Delegate Howard P. Rawlings Educational Excellence Award who is enrolled in an associate degree program as permitted in § 18–303(a)(1) of this subtitle may hold the award for 2 years if the same conditions of subsection (a) of this section are met.
Each recipient of a Delegate Howard P. Rawlings Educational Excellence Award may hold the award for a 5th year if the recipient continues to satisfy the requirements under subsection (a) of this section and:
Is enrolled in an academic program that, as determined by the institution, requires 5 years to complete; or
Provides evidence, satisfactory to the Office, of extenuating financial, academic, or other circumstances that prevent the recipient from completing the academic program in 4 years.
Each recipient of a Delegate Howard P. Rawlings Educational Excellence Award who is enrolled in an associate degree program as permitted in § 18–303(a)(1) of this subtitle may hold the award for a 3rd year if the recipient:
Continues to satisfy the requirements under subsection (a) of this section; and
Provides evidence, satisfactory to the Office, of extenuating financial, academic, or other circumstances that prevent the recipient from completing the academic program in 2 years.
Except as provided in subsection (c) of this section, the Office shall compile and certify lists for the entire State that rank applicants by financial need for the Educational Assistance Award.
The Office shall award eligible students the Educational Assistance Award based on financial need from any remaining funding for the Delegate Howard P. Rawlings Educational Excellence Awards.
All funds for annual initial grants for the Educational Assistance Award shall be awarded from the statewide list on the basis of greatest financial need.
If State funds are available for this purpose, institutions of higher education in the State may provide Delegate Howard P. Rawlings Educational Excellence Awards to students who otherwise meet the requirements for receiving a Delegate Howard P. Rawlings Educational Excellence Award but who apply after the March 1 deadline or have other extenuating circumstances.
Each year the Commission shall transfer at least $2 million of the funds available under § 18–107(b) of this title for the purposes of this subsection.
The Commission shall:
Establish guidelines for the awarding of Delegate Howard P. Rawlings Educational Excellence Awards by the institutions of higher education to the students; and
Adopt regulations necessary for the implementation of this subsection.
The Commission shall allocate available funds to institutions of higher education based on the proportion of State residents enrolled at each institution who receive federal Pell Grants.
An institution of higher education that receives funds under this paragraph shall provide the Commission with an annual audit describing the disposition of the funds.
In this section, “school” means an institution that meets the requirements of § 18–305(a)(1) of this subtitle.
The Office may enter into reciprocal scholarship agreements with other states. However, the Office shall give priority to entering into reciprocal agreements with contiguous and nearby states.
If scholarships are awarded to students for use in schools in other states, the total value of all of these awards may not be more than 10 percent of the total funds budgeted for the Delegate Howard P. Rawlings Educational Excellence Award Program.
For any fiscal year, if the funds appropriated for the Delegate Howard P. Rawlings Educational Excellence Award Program are insufficient to satisfy fully all awards as calculated under § 18–304 of this subtitle, the amount paid to each recipient of a Delegate Howard P. Rawlings Educational Excellence Award shall be a percentage of that award, as determined in accordance with regulations adopted by the Commission that establish a schedule of reductions for this purpose.
Delegate Howard P. Rawlings Educational Excellence Award grants calculated under § 18–304 of this subtitle that are not used by the recipients shall be retained by the Commission for use in the Delegate Howard P. Rawlings Educational Excellence Award Program for the next fiscal year.
All funds retained in the Delegate Howard P. Rawlings Educational Excellence Award Program as provided in paragraph (1) of this subsection shall be used to award scholarships to students during subsequent fiscal years as provided by this title and may not be used for administrative expenses.
Funds for the Delegate Howard P. Rawlings Educational Excellence Award Program shall be as provided in the annual budget of the Commission by the Governor.
In this section, “Fund” means the Educational Excellence Fund.
There is an Educational Excellence Fund in the Commission.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
The Commission:
May accept any gift or grant from any person or corporation for the Fund;
Shall use any gift or grant that it receives to support an early intervention program to identify students eligible for the Delegate Howard P. Rawlings Educational Excellence Award Program and prepare them for college; and
Shall deposit any gift or grant that it receives for the Fund with the State Treasurer for use only in the early intervention program.
At the end of the fiscal year, the Commission shall prepare an annual report on the Fund that includes an accounting of all financial receipts and expenditures to and from the Fund.
The Commission shall submit a copy of the report to the General Assembly as provided under § 2–1257 of the State Government Article.
There is a program of senatorial scholarships in this State that are awarded under this subtitle.
Except as provided in paragraphs (2) and (3) of this subsection, each applicant for a senatorial scholarship shall:
Take a competitive examination administered by the Office; and
Be accepted for admission in the regular undergraduate, graduate, or professional program at an eligible institution; or
Be enrolled in a 2–year terminal certificate program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution.
An applicant is exempt from the examination if the applicant:
Is attending an eligible institution and has completed at least 1 year in good academic standing at the institution;
Graduated from high school at least 5 years before application for a senatorial scholarship;
Is accepted for admission to a private career institution, if the institution’s curriculum is approved by the Commission, and the institution is accredited by a national accrediting association approved by the United States Department of Education; or
Is planning to attend or is attending a Maryland community college.
An applicant is exempt from the requirements of paragraph (1) of this subsection if the applicant is or was enrolled in a certificate or license program, course, or sequence of courses at a community college that leads to certification or licensure.
Each applicant shall:
Be eligible for in–State tuition under this article; and
At the time of the applicant’s initial application, be domiciled in the legislative district from which the applicant seeks an award.
Each applicant shall demonstrate to the Office a definite financial need, and each Senator shall consider the financial need of each applicant.
Each Senator is the final judge of the financial need of each applicant to whom the Senator awards a scholarship, and the Office may not negate the Senator’s judgment or impose requirements of time or procedure.
Each applicant shall accept any other conditions attached to the award.
If a Senator serves from a legislative district composed of more than one county, the number of scholarship units shall be divided as equally as possible among qualified applicants from each county in the legislative district.
Until June 30, 2019, each Senator may award $34,500 of senatorial scholarships each year.
Beginning July 1, 2019, each Senator may award senatorial scholarships each fiscal year in an amount that may not exceed the total of:
The amount authorized to be awarded the previous year; and
The amount of the increase over the previous year in the tuition and mandatory fees of an undergraduate program at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
The annual allocation under subsection (a) of this section applies to initial–year awards. After 4 years of operation, the annual allocation to each Senator for initial–year and continuing awards may not exceed four times the amount of the Senator’s allocation under subsection (a) of this section.
If a recipient moves to the legislative district of another Senator, the allocation to the recipient shall continue to be drawn on the account of the Senator who originally awarded the scholarship.
A senatorial scholarship may be awarded in $100 increments.
An award for a single year may not be less than $400 or more than the equivalent annual tuition and mandatory fees of an undergraduate program at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
Except as provided in subsection (d) of this section, a senatorial scholarship may be used only at any community college or undergraduate, graduate, or professional school in the State.
A senatorial scholarship may be used:
If the curriculum is approved by the Commission, at a degree granting institution of higher education, a hospital diploma school for training registered nurses, or to attend a private postsecondary proprietary institution that is accredited by a national accrediting association approved by the United States Department of Education as a full–time student; and
For educational expenses as defined by the Office, including:
Tuition and mandatory fees; and
Room and board.
If on–campus housing is available, a senatorial scholarship may not be used to pay for off–campus housing.
Each Senator may award not more than 10% of the funds available under this subtitle to applicants planning to attend accredited undergraduate, graduate, or professional institutions outside the State, provided the applicant:
Will be studying in an academic area that is not offered in a program that is accredited by a national accrediting association approved by the United States Department of Education in any institution in the State;
Is a hearing impaired person who will be studying at an institution outside the State that makes special provisions for hearing impaired students, and comparable special provisions are not available to the applicant at an institution in the State; or
Is an active service member or the spouse of an active service member who is domiciled in this State.
Except as otherwise provided in this section, each recipient of a senatorial scholarship may hold the scholarship for 4 undergraduate academic years, subject to § 18–406.1 of this subtitle, and 4 graduate academic years if the recipient:
Is a full–time student;
Continues to be eligible for in–State tuition under this article; and
Continues to be a student at the institution and takes at least 12 semester hours of courses as an undergraduate or 9 semester hours of courses as a graduate student each semester leading to a degree.
A recipient of an undergraduate or graduate senatorial scholarship may hold the scholarship, appropriately prorated, for 8 academic years if the recipient:
Is a part–time student;
Continues to be eligible for in–State tuition under this article; and
Continues to be a student at the institution and takes at least 6 semester hours of courses each semester leading to a degree.
Any recipient of a senatorial scholarship may use up to one–half of the yearly award for summer school.
A recipient of a senatorial scholarship who is enrolled in a terminal certificate program as provided in § 18–402(a)(1) of this subtitle may hold the scholarship for 2 years if the recipient is a full–time student and otherwise meets the conditions of subsection (a) of this section, or may hold the scholarship for 4 years if the recipient is a part–time student and otherwise meets the conditions of subsection (b) of this section.
A recipient of a senatorial scholarship who is currently enrolled, or was enrolled within the last 2 years, in a certificate or license program, course, or sequence of courses at a community college that leads to certification or licensure, as provided in § 18–402(a)(3) of this subtitle, may use the scholarship to reimburse educational expenses as defined by the Office under § 18–405(b)(2) of this subtitle.
Each recipient of a senatorial scholarship who is enrolled in a private postsecondary proprietary institution that is accredited by a national accrediting association approved by the United States Department of Education:
May hold the scholarship for the completion of one program if the student otherwise meets the conditions of subsection (a)(1) and (2) of this section; and
Shall complete the program within the length of time prescribed by the institution for the completion of the program.
A recipient of a senatorial scholarship who is an active service member or the spouse of an active service member and otherwise meets the conditions of subsection (a) or (b) of this section may be domiciled in this State rather than eligible for in–State tuition under this article.
On request from an applicant of the scholarship with a documented disability, the Maryland Higher Education Commission may waive the requirement in subsection (b)(3) of this section.
A recipient may hold a scholarship for a fifth undergraduate academic year or for a semester subsequent to the end of a fourth undergraduate academic year if the recipient:
Requests a scholarship from the Senator for a fifth undergraduate academic year or for a semester subsequent to the end of a fourth undergraduate academic year;
Is a full–time student;
Continues to be eligible for in–State tuition under this article;
Continues to be a student at the institution and takes courses leading to a degree; and
Has exhausted the funds available under § 18–406(a) of this subtitle.
Each Senator shall award all of the Senator’s senatorial scholarships on or before September 1 of each year.
If any Senator fails to award all of the Senator’s scholarships on or before September 1 of each year, the Commission shall make the remaining awards to applicants from the Senator’s legislative district who:
Scored highest on the competitive examination; or
Are attending an eligible institution and have completed at least 1 year in good academic standing.
The Office shall:
Notify each Senator of the applicants to whom it awards the Senator’s scholarships; and
Announce publicly the names of all recipients.
To the extent a scholarship awarded under § 18–404 of this subtitle is not used by a student, money appropriated to the Commission for that award not used by the end of the fiscal year shall be retained by the Commission for use by the awarding Senator in the Senatorial Scholarship Program during subsequent fiscal years.
If there is no qualified applicant in a legislative district, a qualified applicant who resides in another legislative district may be appointed to receive the senatorial scholarship.
Subject to paragraph (2) of this subsection, a senatorial scholarship awarded under this section is for 1 year.
A student who receives an appointment under this section is eligible to receive a subsequent appointment for not longer than 4 years.
There is a program of Delegate Scholarships in this State that are awarded under this subtitle.
A scholarship awarded under this subtitle may be used at:
An eligible institution for a program of undergraduate, graduate, or professional studies;
An accredited undergraduate, graduate, or professional institution outside the State, if the applicant:
Will be studying in an academic area that is not offered in a program that is accredited by a national accrediting association approved by the United States Department of Education in any institution in this State;
Is disabled and will be studying at an institution outside the State that makes special provisions for disabled students that are not available to the applicant at an institution in the State; or
Is an active service member or the spouse of an active service member who is domiciled in this State; and
A private career school within the State that is approved by the Maryland Higher Education Commission under § 11–202 of this article and that is accredited by a national accrediting association that is approved by the United States Department of Education.
Money appropriated to the Commission for scholarships awarded under this section that is not used by the end of the fiscal year shall be retained by the Commission for use by the awarding Delegate in the Delegate Scholarship Program during subsequent fiscal years.
Each member of the House of Delegates may select the recipients of the scholarships on any basis that the Delegate considers appropriate.
A member of the House of Delegates may select any individual who is eligible for in–State tuition under this article as a recipient of the scholarship.
During each term in office, each Delegate may award the equivalent of four 4–year full–time scholarships, which may be awarded for either 1–, 2–, 3–, or 4–year periods.
Each scholarship pays the tuition and mandatory fees at any eligible institution.
The annual amount of a scholarship at a public or private institution or any graduate or professional program may not exceed the equivalent annual tuition and mandatory fees of an undergraduate program at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
A Delegate may award two part–time scholarships for each full–time scholarship available.
A part–time scholarship may not be for more than twice as many years as a full–time scholarship.
Each recipient of a part–time scholarship shall carry at least 6 semester hours of courses each semester in a program leading to a degree.
On request from an applicant of the scholarship with a documented disability, the Maryland Higher Education Commission may waive the requirement in subsection (c) of this section.
Each recipient of a full-time Delegate Scholarship may use the scholarship to attend summer school.
The term of a full-time Delegate Scholarship shall be shortened by one-half year for each summer of use.
The amount used for summer school may not exceed one-half of the value of the award for the next academic year.
As an alternative to the scholarship awards authorized by §§ 18–503 through 18–505 of this subtitle, and subject to the provisions of subsection (b) of this section, during each year in office each Delegate may award scholarships in a total amount equal to four times the tuition and mandatory fees for a full–time undergraduate student enrolled at the University of Maryland, College Park Campus for the academic year commencing in that year.
A scholarship award under subsection (a) of this section:
May not be for an amount less than $200 or more than one–half of the total amount of scholarships authorized by subsection (a) of this section for that year;
Shall be used at an eligible institution;
May be used by:
A graduate, undergraduate, or professional student;
A student at a private career school within the State that is approved by the Maryland Higher Education Commission under § 11–202 of this article and that is accredited by a national accrediting association that is approved by the United States Department of Education; or
A student who is currently enrolled or was enrolled in the last 2 years in a certificate or license program, course, or sequence of courses at a community college that leads to certification or licensure as reimbursement for educational expenses that are defined by the Office and include tuition, mandatory fees, and room and board; and
To the extent it is not used by the student, shall be recredited to the Delegate’s scholarship account and may be awarded in the next 12 months by that Delegate to another student pursuant to this section.
Beginning in fiscal year 1996, each Delegate may authorize the Office to award all or a portion of the funds authorized under this subtitle to eligible recipients of a Delegate Howard P. Rawlings Educational Excellence Award who reside in the Delegate’s legislative district.
In the event that the total number of eligible recipients of a Delegate Howard P. Rawlings Educational Excellence Award who reside in the Delegate’s legislative district is insufficient to utilize the total amount of funds available to the Delegate for any fiscal year, the Office of Student Financial Assistance may, with the consent of the Delegate, award the unused funds to other eligible recipients throughout the State.
In this section the following words have the meanings indicated.
“Disabled public safety employee” means a State or local public safety employee who sustains an injury in the line of duty that:
Precludes the individual from continuing to serve or be employed as a State or local public safety employee; and
In the case of a volunteer member of a fire department or ambulance or rescue company or squad, precludes the member from continuing to be employed in the nonpublic safety occupation in which the member is engaged at the time of the injury.
“Fund” means the Edward T. Conroy and Jean B. Cryor Scholarship Fund.
“School employee” includes an employee of a public or nonpublic school in the State.
“State or local public safety employee” means a person who is employed in the State as:
A career or volunteer member of a:
Fire department;
Ambulance company or squad; or
Rescue company or squad;
A law enforcement officer;
A correctional officer; or
A member of the Maryland National Guard who was a resident of this State at the time of death.
“Surviving spouse” means a person who has not remarried.
“Victim of the September 11, 2001, terrorist attacks” means a Maryland resident who was killed as a result of the attacks on the World Trade Center in New York City, the attack on the Pentagon in Virginia, or the crash of United Airlines Flight 93 in Pennsylvania.
There is a program of scholarships that are awarded by eligible postsecondary institutions under this section.
The program for uniformed services and public safety personnel and their eligible dependents is the Edward T. and Mary A. Conroy Memorial Scholarship Program.
The program for eligible dependents of public and nonpublic school employees is the Jean B. Cryor Memorial Scholarship Program.
A person may apply to an eligible postsecondary institution for a scholarship under this section if the person:
Is accepted for admission or enrolled in the regular undergraduate, graduate or professional program at an eligible institution;
Is enrolled in a 2–year terminal certificate program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution; or
Is enrolled in a private career school;
Is at least 16 years old; and
Meets the other eligibility criteria specified in this section.
To apply for a scholarship under this section, the following persons are required to be a resident of Maryland at the time of application or at the time of the disabling or fatal event:
A son, daughter, stepson, stepdaughter, or the surviving spouse of a member of the uniformed services who:
Died as a result of service after December 7, 1941;
Suffered a service connected 100% permanent disability after December 7, 1941; or
Was declared to be a prisoner of war or missing in action, if that occurred on or after January 1, 1960, as a result of the Vietnam conflict, and if the child was born prior to or while the parent was a prisoner of war or missing in action;
A prisoner of war or missing in action, if that occurred on or after January 1, 1960, as a result of the Vietnam conflict and was a resident of this State at the time the person was declared to be a prisoner of war or missing in action;
A veteran who:
Suffers a service connected disability of 25% or greater; and
Has exhausted or is no longer eligible for federal veterans’ educational benefits;
A son, daughter, stepson, or stepdaughter of or the surviving spouse of a victim of the September 11, 2001, terrorist attacks;
A son, daughter, stepson, or stepdaughter of a school employee who, as a result of an act of violence:
Died in the line of duty; or
Sustained an injury in the line of duty that rendered the school employee 100% disabled; or
The surviving spouse of a school employee who, as a result of an act of violence:
Died in the line of duty; or
Sustained an injury in the line of duty that rendered the school employee 100% disabled.
To apply for a scholarship under this section, the following persons are not required to be a resident of Maryland at the time of application or at the time of the disabling or fatal event:
A son, daughter, stepson, or stepdaughter of any State or local public safety employee killed in the line of duty; or
The surviving spouse of any State or local public safety employee killed in the line of duty; or
A disabled public safety employee;
A son, daughter, stepson, or stepdaughter of a disabled public safety employee who sustains an injury in the line of duty that renders the public safety employee 100% disabled; or
The surviving spouse of a disabled public safety employee who sustains an injury in the line of duty that renders the public safety employee 100% disabled.
A scholarship awarded under this section:
May be used for the tuition and mandatory fees at any eligible institution; and
May not:
Exceed the equivalent annual tuition and mandatory fees of a resident undergraduate student at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate; and
Be less than the lesser of:
$3,000; or
The equivalent annual tuition and mandatory fees of a resident of the institution attended by the recipient of the scholarship.
Each postsecondary institution shall determine the eligibility of persons who apply to the institution for the Edward T. and Mary A. Conroy Memorial Scholarship Program and the Jean B. Cryor Memorial Scholarship Program.
Funds for the Edward T. and Mary A. Conroy Memorial Scholarship Program and the Jean B. Cryor Memorial Scholarship Program shall be allocated by the Commission to each postsecondary institution based on a formula determined by the Commission, which may include prior year enrollment, eligible recipients, and institutional tuition and fees.
In October and February of each year, each postsecondary institution shall report to the Commission the number of eligible recipients attending the institution.
The Commission shall allocate funds for awards to postsecondary institutions subject to the availability of funds as provided in the State budget.
Each postsecondary institution may make awards to eligible students subject to the allocation of funds from the Commission under subparagraph (i) of this paragraph.
The Commission shall adopt guidelines to implement this subsection.
Each recipient of a scholarship under this section may hold the award for 5 years of full–time study or 8 years of part–time study.
The number of eligible recipients under subsection (d)(2)(iii) of this section shall be limited to 15 each year.
An award provided under subsection (d)(2)(iv) of this section may not exceed the amount specified in subsection (e)(2) of this section when combined with any other scholarship received by a student based on the student’s status as a child or spouse of a victim of the September 11, 2001, terrorist attacks.
Subject to a recipient’s continued eligibility under subsection (d) of this section and the availability of funds under subsection (f) of this section, an awarding authority shall give priority to a recipient of a scholarship before awarding funds to new applicants.
There is an Edward T. Conroy and Jean B. Cryor Scholarship Fund.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund and the Comptroller shall account for the Fund.
The Commission:
May accept any gift or grant from any person for the Fund;
Shall use any gift or grant that it receives for a scholarship from the programs; and
Shall deposit any gift or grant that it receives for the programs with the State Treasurer.
For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $4,000,000 to the Fund.
There is a program of scholarships for children of volunteer firefighters or volunteer ambulance or rescue squad members who died or were disabled by an accident resulting from:
Performing any duties necessary to the operation or maintenance of the fire company; or
Actively participating in the ambulance or rescue squad work of an incorporated volunteer fire company or volunteer ambulance or rescue squad in the State.
The recipient of a scholarship under this section shall be a graduate of an accredited high school.
The Board of Trustees of the Maryland State Firefighters Association, in its discretion, shall:
Determine the amount of each award; and
Select the recipient of each award.
The Maryland State Firefighters Association shall provide the funds for these awards.
In this section the following words have the meanings indicated.
“Eligible institution” means a public or private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission.
“Fund” means the Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship Fund.
“Scholarship” means the Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship.
There is a Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship.
An individual may apply to the Office for the scholarship if the individual:
Is a resident of Maryland;
Is accepted for admission or enrolled in a course offered at an eligible institution; and
Is actively engaged as a career or volunteer firefighter or ambulance or rescue squad member in an organized fire department or ambulance or rescue squad in the State.
A scholarship awarded under this section:
May be used for the tuition and mandatory fees at any eligible institution; and
May be up to:
100% of the equivalent annual tuition and mandatory fees of a resident student at a 2–year public institution of higher education established under Title 16 of this article with the highest annual expenses for a full–time resident student; or
50% of the equivalent annual tuition and mandatory fees of a resident undergraduate student at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
Any student financial aid, other than a student loan, awarded to a scholarship recipient shall be credited to the recipient’s tuition before the calculation of any award amount provided through the scholarship.
Initial awards shall be provided to scholarship recipients on a first–come, first–served basis.
A scholarship recipient shall maintain a grade point average of at least 2.5 on a 4.0 scale.
Each recipient of a scholarship under this section may hold the award for 5 years of full–time study or 8 years of part–time study.
A Senator or Delegate may authorize the Office to award all or a portion of the funds authorized under Subtitles 4 and 5 of this title to eligible recipients of scholarships awarded under this section.
Funds for the Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship shall be as provided in the annual budget of the Commission by the Governor.
There is a Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship Fund in the Commission.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
The Commission:
May accept any gift or grant from any person or corporation for the Fund;
Shall use any gift or grant that it receives for a scholarship from the Fund; and
Shall deposit any gift or grant that it receives for the Fund with the State Treasurer.
At the end of the fiscal year, the Commission shall prepare an annual report on the Fund that includes an accounting of all financial receipts and expenditures to and from the Fund.
The Commission shall submit a copy of the report to the General Assembly in accordance with § 2–1257 of the State Government Article.
A recipient of a scholarship shall work for at least 1 year as a volunteer or career firefighter or ambulance or rescue squad member in an organized fire department or ambulance or rescue squad in the State after completion of study at an eligible institution.
A scholarship recipient shall repay the Commission the funds received under this section if the recipient does not perform the service obligation required under subsection (i) of this section.
For purposes of this section, an individual served in the Afghanistan or Iraq conflict if the individual was an active service member who served in:
Afghanistan or contiguous air space, as defined in federal regulations, on or after October 24, 2001; or
Iraq or contiguous waters or air space, as defined in federal regulations, on or after March 19, 2003.
There is a Douglas J. J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship.
An individual may apply to the Office for a scholarship under this section if the individual:
Is a resident of Maryland;
Is accepted for admission or enrolled in the regular undergraduate program at an eligible institution; or
Is accepted for admission or enrolled in a 2–year terminal certificate program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution; and
Is a veteran who served in the Afghanistan or Iraq conflict;
Is an active service member who served in the Afghanistan or Iraq conflict; or
Is a member of a reserve component who was activated as a result of the Afghanistan or Iraq conflict described in subsection (a) of this section; or
Is a son, daughter, stepson, stepdaughter, or spouse of:
A veteran or an active service member who is serving or has served in the Afghanistan or Iraq conflict; or
A member of the reserve component who was activated as a result of the Afghanistan or Iraq conflict described in subsection (a) of this section.
A scholarship awarded under this section may supplement, but is not contingent on, any federal education benefits for which a recipient qualifies as a result of an individual’s service or status as a dependent of an active service member or of a veteran.
Each scholarship may be used, at any eligible institution, to pay for educational expenses as defined by the Office, including:
Tuition and mandatory fees; and
Room and board.
The annual amount of a scholarship may not exceed 50% of the equivalent annual tuition, mandatory fees, and room and board of a resident undergraduate student at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
A scholarship recipient shall maintain a grade point average of at least 2.5 on a 4.0 scale.
Each recipient of a scholarship under this section may hold the award for 5 years of full–time study or 8 years of part–time study.
A scholarship recipient is not required to submit an application for federal or State financial aid.
Scholarship recipients who file for financial aid must file by March 1 of each year.
A Senator or Delegate may authorize the Office to award all or a portion of the funds authorized under Subtitles 4 and 5 of this title to eligible recipients of scholarships awarded under this section.
Funds for the Douglas J. J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship shall be as provided in the annual budget of the Commission by the Governor.
In this subsection, “Fund” means the Douglas J. J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship Fund.
There is a Douglas J. J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship Fund in the Commission.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
The Commission:
May accept any gift or grant from any person or corporation for the Fund;
Shall use any gift or grant that it receives for a scholarship from the Fund; and
Shall deposit any gift or grant that it receives for the Fund with the State Treasurer.
At the end of the fiscal year, the Commission shall prepare an annual report on the Fund that includes an accounting of all financial receipts and expenditures to and from the Fund.
The Commission shall submit a copy of the report to the General Assembly as provided under § 2–1257 of the State Government Article.
There is a Richard W. Collins III Leadership With Honor Scholarship Program.
An individual is eligible for a scholarship under this section if the individual is:
Eligible for in–State tuition;
A member of a Reserve Officer Training Corps (ROTC) program;
A minority student or a student who is a member of another group historically underrepresented in Reserve Officer Training Corps (ROTC) programs; and
A student at a historically black college or university in the State.
The Office shall:
Award at least 25% of its total annual grant money to students at Bowie State University;
Award the remaining amount of its total annual grant money to students at historically black colleges and universities other than Bowie State University;
Determine the amount of each award;
Select the recipient of each award; and
Prioritize students with financial need in selecting recipients of each award.
The Governor shall include in the State budget an annual appropriation of at least $1,000,000 to the Program.
The Office shall adopt procedures or regulations necessary to implement this section.
In this section the following words have the meanings indicated.
“Advisory Council” means the Advisory Council on Workforce Shortage.
“Eligible institution” means a public or private nonprofit institution of higher education in this State that possesses a certificate of approval from the Commission.
“Fund” means the Workforce Shortage Student Assistance Grant Fund.
“Grant” means the Workforce Shortage Student Assistance grant.
“Public good or benefit” means service to low–income or underserved residents or areas of the State in an occupation in the public sector or in an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
There is a program of Workforce Shortage Student Assistance grants under this section for students who pledge to work in fields of critical shortage in the State on completion of their studies.
The purpose of the program is to:
Provide financial assistance to students enrolled at institutions of higher education in the State; and
Address the workforce shortage needs of the State.
A recipient of a Workforce Shortage Student Assistance grant under this section shall:
Be a resident of the State;
Be selected by the Office from qualified applicants;
Sign a letter of intent to enroll at an eligible institution in the State in an eligible program as specified for each field in which there is a critical shortage in this State as provided in this section;
Sign a letter of intent to perform the service obligation on completion of the recipient’s required studies;
Accept any other conditions attached to the grant;
Satisfy any additional criteria the Commission may establish; and
After completion of studies in an eligible program, perform the service obligation as specified for each field in which there is a critical shortage, as provided in this section.
Except as provided in paragraph (5) of this subsection, the Commission shall on a biennial basis:
Identify workforce shortage fields in the State;
Designate eligible workforce shortage fields under the grant program; and
Remove from the grant program any field that the Commission determines no longer qualifies as a workforce shortage.
The Secretary shall appoint an Advisory Council on Workforce Shortage to:
Identify workforce shortage fields in the State; and
Recommend to the Commission:
Priority workforce shortage fields to be included in the grant program; and
The removal of fields that in the Advisory Council’s judgment no longer qualify as workforce shortage fields.
In making recommendations to the Commission, the Advisory Council shall consider whether a workforce shortage field provides a public good or benefit to the citizens of Maryland.
The Advisory Council shall include the following members:
The Secretary of Higher Education or designee;
The Secretary of Labor or designee;
One representative from the Governor’s Workforce Development Board, appointed by the Governor;
The Secretary of Commerce or designee;
The Secretary of Health or designee;
The State Superintendent of Schools or designee;
One representative of the Senate of Maryland, appointed by the President of the Senate;
One representative of the Maryland House of Delegates, appointed by the Speaker of the House;
Two representatives from the University System of Maryland, appointed by the Chancellor;
The President of Morgan State University or designee;
The President of St. Mary’s College or designee; and
Representatives nominated by the following organizations and appointed by the Secretary of Higher Education:
One representative from the Maryland Chamber of Commerce;
One representative from the Washington Board of Trade;
One representative from the Greater Baltimore Committee;
Two representatives from the Maryland Independent College and University Association;
Two representatives from the Maryland Association of Community Colleges;
One representative from the Maryland Association of Nonprofit Associations; and
One representative from the Financial Assistance Advisory Council representing a financial aid office at an institution of higher education.
Except as provided in subparagraph (ii) of this paragraph, the following workforce shortage fields shall be included in the grant program:
School teachers (the grant to be known as the Sharon Christa McAuliffe Memorial Teacher Scholarship);
Social workers (the grant to be known as the Ruth M. Kirk Public Social Work Scholarship);
Nurses;
Child care providers (the grant to be known as the Hattie N. Harrison Memorial Scholarship);
Developmental disabilities, mental health, child welfare, and juvenile justice providers (the grant to be known as the Ida G. and L. Leonard Ruben Scholarships);
Physical and occupational therapists and assistants; and
Public servants (the grant to be known as the William Donald Schaefer Scholarship and the grant to be known as the Parren J. Mitchell Public Service Scholarship).
The Commission may remove a shortage field specified in subparagraph (i) of this paragraph if in the Commission’s judgment the field no longer qualifies as a workforce shortage field.
A grant recipient in a workforce shortage field that is removed from the grant program may continue to receive renewal awards under the program.
Each fiscal year, the Commission shall determine the number of grants to be awarded in eligible workforce shortage fields based on the:
Priority of the workforce shortage field;
Severity of the workforce shortage in the field; and
Availability of funds.
The Office shall annually select eligible students and offer a grant to each student selected to be used at an eligible institution of the student’s choice.
Eligible students shall be selected based on academic accomplishment and financial need, as determined by standards established and approved by the Commission.
Each grant shall be renewable for a maximum of 5 years subsequent to the original grant if the recipient:
Continues to meet the qualifications specified in subsection (d) of this section; and
Meets satisfactory academic progress standards as determined by the eligible institution.
A grant recipient:
May be enrolled at an eligible institution on a part–time or full–time basis;
Shall earn at least 12 undergraduate or 9 graduate credit hours in each academic year, including summer sessions;
Except as provided in paragraph (4) of this subsection, shall be an undergraduate student at an eligible institution; and
May be a graduate student if the Office determines that the shortage field requires employees with a graduate level education.
In this subsection, “cost of attendance” means the equivalent annual tuition and mandatory fees of a resident undergraduate student at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
Subject to paragraphs (3), (4), and (5) of this subsection, the Commission shall establish in guidelines the annual grant awards under this section.
Annual grant awards shall be within the following ranges:
For a part–time student attending a 2–year eligible institution – $1,000 and 12.5% of cost of attendance;
For a full–time student attending a 2–year eligible institution – $2,000 and 25% of cost of attendance;
For a part–time student attending a 4–year eligible institution – $2,000 and 25% of cost of attendance; and
For a full–time student attending a 4–year eligible institution – $4,000 and 50% of cost of attendance.
For a student taking courses during a summer session to meet the minimum number of credit hours for full–time or part–time status, the Commission shall distribute grant awards to the student in the spring and summer sessions in amounts it determines to be appropriate.
A student who is enrolled in an academic program that includes a mandatory summer academic session as part of the approved curriculum may receive an additional award not to exceed $1,000 per calendar year.
The grant award may be used at any eligible institution for educational expenses as defined by the Commission, including tuition, mandatory fees, and room and board.
A grant recipient shall perform a service obligation in the recipient’s field of critical shortage in:
A full–time position at a rate of 1 year for each year that the recipient receives a grant awarded under this section; or
A part–time position at a rate of 2 years for each year that the recipient receives a grant awarded under this section.
The Commission may establish alternative service obligation requirements for designated workforce shortage fields to address statewide and regional needs.
A grant recipient shall repay the Commission the funds received as set forth in § 18–112 of this title if the recipient does not:
Earn at least 12 undergraduate or 9 graduate credit hours in each academic year in which the student receives assistance, including summer sessions;
Complete the specified degree, attain the licensure or certification required, or fulfill other requirements as provided in this section; or
Perform the service obligation required under subsection (k) of this section.
The Office shall waive the repayment of a grant award at a rate of:
1 year for each year that the recipient performs the service obligation on a full–time basis; or
6 months for each year that the recipient performs the service obligation on a part–time basis.
A recipient shall begin repayment at any time during the period that the recipient is no longer performing the service obligation.
A recipient may delay repayment as long as the recipient remains a student enrolled at least part–time in a degree–granting program.
Except as otherwise provided in this section, repayment shall be made to the State within 6 years after the repayment period begins and shall follow a repayment schedule established by the Office.
The Office may waive or defer repayment in the event of disability or extended sickness which prevents the recipient from fulfilling the service obligation required under this section.
The Office shall grant a deferment from the service obligation required under this section to:
An active service member who has been assigned duty outside the State; or
The spouse of an active service member who has been assigned duty outside the State.
This subsection applies to recipients of the William Donald Schaefer Scholarship specified in subsection (e)(5) of this section.
The Commission shall annually select eligible students and offer grants to students who demonstrate outstanding potential for and who plan to pursue a career in public service to assist in providing legal services to low–income residents in the State.
In making William Donald Schaefer Scholarship awards under this section, the Commission shall endeavor to select award recipients who are representative of the State’s rich cultural, geographic, racial, ethnic, and gender diversity.
Each individual awarded a William Donald Schaefer Scholarship under this section must have indicated and demonstrated to the Commission a serious intent to enter public service on the completion of the student’s educational program.
This subsection applies to recipients of the Parren J. Mitchell Public Service Scholarship specified in subsection (e)(5) of this section.
The Commission shall annually select eligible students and offer grants to students who demonstrate outstanding potential for and who plan to pursue a career in public service and assist in providing:
Social work services to low–income residents in the State;
Nursing services in nursing shortage areas in the State as defined in § 18–802 of this title; or
Other services in the public or nonprofit sectors in which there is a shortage of qualified practitioners to low–income or underserved residents or areas of the State.
In making Parren J. Mitchell Public Service Scholarship awards under this section, the Commission shall endeavor to select award recipients who are representative of the State’s rich cultural, geographic, racial, ethnic, and gender diversity.
Each individual awarded a Parren J. Mitchell Public Service Scholarship under this section must have indicated and demonstrated to the Commission a serious intent to enter public service on the completion of the student’s educational program.
There is a Workforce Shortage Student Assistance Grant Fund in the Commission.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
The Commission:
May accept any gift or grant from any person or corporation for the Fund;
Shall use any gift or grant that it receives for a grant award from the Fund; and
Shall deposit any gift or grant that it receives for the Fund with the State Treasurer.
At the end of the fiscal year, the Commission shall prepare an annual report on the Fund that includes an accounting of all financial receipts and expenditures to and from the Fund.
The Commission shall submit a copy of the report to the General Assembly as provided under § 2–1257 of the State Government Article.
A recipient may hold a Workforce Shortage Student Assistance grant and any other State grant or scholarship awarded by the Office provided that the total of all grants and scholarships does not exceed:
The student’s total cost of attendance, as certified by the institution where the student is enrolled; and
The cost of attendance, as defined in subsection (i) of this section.
Funds for the Workforce Shortage Student Assistance grant program shall be as provided in the annual budget of the Commission by the Governor.
The Commission shall adopt guidelines or regulations necessary to implement this section.
Each county may establish a program of county scholarships for students of medicine, dentistry, or nursing, and may levy and pay any amount required for this purpose.
The county council, board of county commissioners, or Mayor and City Council of Baltimore City may determine the amount to be awarded, the number of these scholarships, and the method of selecting the recipients.
An award granted under this section:
May not be held by the same student for more than 4 years; and
May be used for educational expenses, including:
Tuition and mandatory fees;
Room and board; and
Books.
Each recipient of a scholarship under this section shall give a bond to the county, with security satisfactory to it, that after graduation he will practice his profession in the county for at least:
5 years if the scholarship is for medicine or dentistry; or
3 years if the scholarship is for nursing.
In this section the following words have the meanings indicated.
“Eligible institution” means an institution of postsecondary education:
Approved to operate by the Maryland Higher Education Commission; and
That awards nursing degrees or diplomas.
“Eligible organization” means an institution, including a licensed hospital, nursing home, adult day care center, public health agency, home health agency, or other organization authorized by the Secretary of Health.
“Medical education center” means an institution:
Whose objectives include the education of medical and allied health personnel; and
That has residency programs or full departments in at least three primary care areas.
“Nurse practitioner” means a nurse practitioner as defined by the rules and regulations of the State Board of Nursing.
“Nursing shortage area” means a recognized area of nursing service or specialization determined by the Secretary of Health to be an area where there exists a shortage of qualified nurses in eligible organizations.
“Nursing student” means a student enrolled in a postsecondary nursing education degree or diploma program at an eligible institution.
“Physician assistant” means an individual licensed under Title 15 of the Health Occupations Article to practice as a physician assistant.
“Primary care” means family practice, general internal medicine, and general pediatrics.
There is a Maryland Physician Assistant–Nurse Practitioner Training Program that provides financial support to institutions with training programs for physician assistants and nurse practitioners in primary care in this State administered by the Office. An institution may participate if its program:
Is accredited by the American Medical Association, the American Nurses Association, or the National League of Nursing;
Produces graduates eligible to take:
The primary care physician assistant certifying examination of the National Commission on the Certification of Physician Assistants; or
The primary care in adult and family nursing practice certifying examination or any other examination required by the State Board of Nursing;
Is part of, or has a formal arrangement with, a medical education center;
Focuses on developing primary care skills and includes substantial clinical experience in primary care; and
Is not a specialty program in a discipline other than primary care.
The Physician Assistant–Nurse Practitioner Training Program consists of grants to an eligible medical education center for each individual who completes the program in physician assistant or nurse practitioner training in the amount of:
$3,000 for each physician assistant; and
$1,500 for each nurse practitioner.
If the total amount of the grants to be made under this section for physician assistants–nurse practitioners is more than $72,000 annually, then the amount of a medical education center’s grant for that period shall be equal to the product of:
The amount required to pay grants for that center; times
The ratio of the total amount appropriated to the total amount required to pay grants under this section to all centers.
A grant may not be awarded to a medical education center that has discontinued its program in physician assistant or nurse practitioner training.
In this section the following words have the meanings indicated.
“Eligible institution” means an institution of postsecondary education that:
Is approved to operate by the Maryland Higher Education Commission; and
Produces graduates eligible to take the appropriate national examination for licensure, certification, or registration in the relevant health occupation determined to be in short supply.
“Grant” means the Health Personnel Shortage Incentive Grant for eligible institutions offering educational programs leading to licensure, certification, or registration in health occupations determined to be in short supply.
“Health occupation” means:
A physical therapist or a physical therapist assistant who has at least an Associate degree in physical therapy;
An occupational therapist or an occupational therapist assistant who has at least an Associate degree in occupational therapy;
A radiographer;
A respiratory therapist;
A laboratory technician;
A medical technologist;
A pharmacist;
A registered nurse or licensed practical nurse; or
A physician who engages in family practice or pediatrics.
There is a Health Personnel Shortage Incentive Grant Program for eligible institutions.
The Office of Student Financial Assistance shall administer the Grant Program as provided in this section.
In consultation with the Secretary of Health, the Office shall adopt regulations to implement the Grant Program.
An eligible institution is qualified to receive a grant under this section if the institution:
Has an approved education program leading to licensure, certification, or registration in a health occupation determined to be in short supply; and
Funds the approved education program at an amount not less than the preceding fiscal year.
Except as provided in subsection (e) of this section, an eligible institution shall receive a grant in the amount of $1,500 for each student who graduates from an approved education program leading to licensure, certification, or registration in a health occupation determined to be in short supply, that is in excess of the lowest number of students who graduated from the approved education program at that eligible institution commencing in the academic year 1990–91.
For purposes of paragraph (1) of this subsection, the Commission shall establish, in consultation with each appropriate eligible institution, that institution’s threshold number of students.
If the total amount of the grant to be issued under subsection (d) of this section is more than the amount appropriated in the annual State budget, the amount of an eligible institution’s grant for that period shall be equal to the product of the amount required to pay grants under subsection (d) of this section multiplied by the ratio of the total amount appropriated to the eligible institution.
Except as provided in paragraph (3) of this subsection, any unspent portions of the money that is transferred to the Office for use under this section by the Comptroller may not be transferred to or revert to the General Fund of the State, but shall remain in the Fund maintained by the Office to administer these programs to be used for the purposes specified in this section.
An amount not exceeding $100,000 of the unspent portion of the money that is transferred to the Office for use under this section may be transferred to or revert to the General Fund of the State in order to offset the costs of the tax credit available under § 10–739 of the Tax – General Article.
The eligible institution shall use the grant to enhance or expand approved education programs leading to licensure or certification in health occupations determined to be in short supply.
In accordance with § 1–204 of the Health Occupations Article, the Secretary of Health shall certify annually to the Maryland Higher Education Commission those health occupations in short supply.
In any year in which a health occupation is determined by the Secretary of Health to be no longer in short supply, the Office shall discontinue issuing new grants under this section for that health occupation, provided that the existing grants shall continue for the students who are enrolled in prior to and who subsequently graduate from the approved education program after the determination is made by the Secretary.
In this section, “University” means the University of Maryland, College Park Campus.
There is a program of fellowships for postgraduate work in the Graduate School of the University known as the Judith A. Resnik Memorial Postgraduate Fellowship Program.
Each recipient of a fellowship awarded under this section:
Shall be a graduate of a standard 4–year college course in an institution of higher education accredited by the Middle States Association of Colleges and Secondary Schools or an equivalent regional accrediting agency; and
Shall be recommended for graduate study by the executive head of the institution from which the recipient graduated.
If possible, residents of this State shall receive preference in the award of these fellowships.
The University shall cooperate with the accredited institutions of higher education in this State by specifying each year the requirements of the graduate school, the standards for determining eligibility for fellowships, and the fields of greatest need for qualified faculty in the public institutions of higher education in this State.
Each fellowship:
May not be for less than $200 a single year or for more than the highest 10–month stipend for a graduate assistant.
May be held for 3 years if the recipient:
Continues to be a full–time student at the University and carries at least 12 semester hours of courses each semester;
In the judgment of the University, is making satisfactory progress towards a degree; and
Maintains the department standards of the University.
Each year, the fellowship committee of the University shall certify not more than 18 fellowships to qualified applicants as the amount appropriated to the program that year allows.
The award of such fellowships shall be made when possible so as to promote compliance with the State of Maryland desegregation goals.
If possible:
The distribution shall be made as wide as possible to graduates of accredited institutions of higher education in this State; and
Consideration shall be given to the greatest need in securing qualified faculties in the public institutions of higher education in this State.
There is a program of private career school student grants in this State, known as the Jack F. Tolbert Memorial Student Grant Program, that are awarded under this subtitle.
The Office shall administer the program of private career school student financial aid grants.
The Office may not require any competitive examination in determining student eligibility.
Each applicant for a private career school student grant shall:
Be accepted for admission at an approved private career school;
Be enrolled in a full-time program as determined by the Maryland Higher Education Commission;
Be a resident of this State; and
Demonstrate to the Office financial need.
A private career school student grant may be awarded in $100 increments. However, an award for a single year may not be more than $1,500.
A private career school student grant may be used at a private career school in this State that:
Is approved by the Maryland Higher Education Commission;
Operates solely within the State;
Does not have an outstanding notice of deficiencies under appeal in accordance with the regulations adopted by the Higher Education Commission;
Does not have a negative final report under the State Postsecondary Review Program in accordance with 34 C.F.R. § 667.23 as the regulation may be amended; and
Has not been referred for review under the State Postsecondary Review Program as a result of its student loan default rates in accordance with 34 C.F.R. § 667.5 as the regulation may be amended.
A grant awarded under this subtitle may be used for tuition charges only.
Each recipient of a private career school student grant may hold the grant for 2 years if the student:
Continues to be a resident of this State;
Continues to be enrolled in a full-time program;
In the judgment of the institution, is making satisfactory progress toward a certificate of completion; and
Continues to demonstrate a financial need.
The Governor shall include in the annual budget bill an appropriation to the Program in an amount not less than $200,000 for the fiscal year that begins on July 1, 1996 and each subsequent fiscal year.
In this section, “part–time student” means a student who:
Is enrolled in a degree–granting program at an eligible institution and taking at least 3 but no more than 11 semester hours of courses each semester; or
Is dually enrolled in a secondary school in the State and an institution of higher education.
In cooperation with the institutions of higher education in the State, the Commission shall establish and administer a grant program for undergraduate part–time students.
A recipient of a part–time grant shall:
Except as provided in § 18–1401.1 of this subtitle, be a resident of the State; and
Have demonstrated a definite financial need according to criteria established by the Commission.
For courses completed under the program, a recipient who is dually enrolled in a secondary school in the State and an institution of higher education may not be required to receive credit from a secondary school and an institution of higher education at the same time.
Notwithstanding § 18–1401(c)(1) of this subtitle, an individual is eligible for an award under this subtitle if the individual is eligible for in–State tuition under this article.
Funds for the Part–Time Grant Program shall be allocated by the Commission to each institution of higher education based upon the number of undergraduate part–time students with demonstrated financial need who are enrolled in degree–granting programs at the institution.
Funds for the grant program for part–time students shall be as provided in the annual budget of the Commission by the Governor.
The Commission shall:
Establish guidelines for the awarding of grants to part-time students; and
Adopt any other guidelines or regulations necessary for the administration of this subtitle.
An institution of higher education that receives State funds under this subtitle shall provide the Commission with an annual audit describing the disposition of the funds.
In this subtitle the following words have the meanings indicated.
“Dually enrolled student” means a student who is dually enrolled in:
A secondary school in the State; and
An institution of higher education in the State.
“Grant” means the Early College Access Grant.
There is an Early College Access Grant that provides financial assistance to dually enrolled students in the State.
In cooperation with institutions of higher education in the State, the Commission shall administer the Grant.
A recipient of a grant shall:
Be a dually enrolled student; and
Demonstrate financial need according to criteria established by the Commission.
For courses completed under the Grant, a recipient is not required to receive credit from a secondary school and an institution of higher education at the same time.
Funds for the Grant shall be allocated by the Commission to an institution of higher education based on the number of dually enrolled students receiving credit for courses completed at the institution.
Funds for the Grant shall be as provided in the annual budget of the Commission by the Governor.
The Commission shall:
Establish guidelines for awarding the Grant to dually enrolled students; and
Adopt any other guidelines or regulations necessary for the administration of this subtitle.
Each county board shall make all high school students who meet mutually agreed on enrollment requirements aware of the opportunity to dually enroll under this subtitle.
An institution of higher education that receives State funds under this subtitle shall provide the Commission with an annual audit of the use of the funds.
In this subtitle the following words have the meanings indicated.
“Eligible field of employment” means employment in the State by an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
“Eligible field of employment” includes employment by the State or any local government in the State, but does not include being employed as a judicial clerk in any court.
“Higher education loan” means any loan for undergraduate or graduate study that is obtained for tuition, educational expenses, or living expenses from:
A college or university, government, or commercial source; or
An organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
“Mental health professional” means an individual who provides mental health services in public schools and is employed by:
A county school system; or
A local health department to provide school health services through an agreement with a county board.
“Mental health professional” includes a school psychologist, resource psychologist, psychologist coordinator, social worker, social worker supervisor, school counselor, or mental health coordinator.
“Program” means the Janet L. Hoffman Loan Assistance Repayment Program.
“School nurse” means an individual who:
Is licensed as a registered nurse in accordance with Title 8 of the Health Occupations Article;
Provides health services in a public school; and
Is employed by:
A county school system; or
A local health department to provide school health services through an agreement with a county board.
There is a program of loan assistance repayment known as the Janet L. Hoffman Loan Assistance Repayment Program in the State.
The Office of Student Financial Assistance shall assist in the repayment of the amount of any higher education loan owed by an individual who:
Receives a graduate, professional, or undergraduate degree from:
A college or university in the State of Maryland;
A school of law;
For a mental health professional, any accredited college or university; or
For a veterinary practitioner or veterinary technician, any accredited veterinary college or university; or
Receives a Resident Teacher Certificate (RTC) from the Department after completing an alternative teaching preparation program approved by the State Superintendent;
Obtains eligible employment;
Receives an income that is less than the maximum eligible total income levels established by the Office, including any additional sources of income; and
Satisfies any other criteria established by the Office.
Subject to the provisions of subsection (b) of this section, the Office shall assist in the repayment of the amount of any higher education loan owed by a:
Public school teacher in the State who:
Has taught in Maryland for at least 2 years:
In science, technology, engineering, fine arts, or math subjects;
In a school in which at least the following percentages of the students are enrolled in the free and reduced price lunch program in the State:
75% through June 30, 2025; and
55% beginning July 1, 2025; or
In a school that:
Had Title I status during the 2018–2019 school year;
Lost Title I status after the 2018–2019 school year; and
Participates in the United States Department of Agriculture Community Eligibility Provision; and
Has received a performance evaluation rating for the most recent year available in the county in which the teacher taught;
Mental health professional who has provided mental health services in a public school for at least 2 years as an employee of:
A county school system; or
A local health department through an agreement with a county board; or
Nurse who has been a school nurse for at least 2 years.
Subject to the provisions of subsection (b) of this section, the Office shall assist in the repayment of the amount of any higher education loan owed by:
A veterinarian practitioner who has provided veterinary services as:
An employee in the State for a period not less than 5 years; or
A volunteer for a minimum of 100 hours per year for a period not less than 3 years at an animal shelter that is owned by:
A local government;
An organization contracted to perform animal control services for a local government; or
An organization that shelters animals and was a recipient of the Maryland Spay and Neuter Grants Program during the prior year; or
A veterinary technician who has provided veterinary technician services as:
An employee in the State for a period not less than 5 years; or
A volunteer for a minimum of 100 hours per year for a period not less than 3 years at an animal shelter that is owned by:
A local government;
An organization contracted to perform animal control services for a local government; or
An organization that shelters animals and was a recipient of the Maryland Spay and Neuter Grants Program during the prior year.
A grant awarded under subsection (c) of this section shall be known as the Nancy Grasmick Public School Professional Award.
A recipient of a Nancy Grasmick Public School Professional Award shall be known as a Nancy Grasmick Public School Professional Scholar.
An applicant for assistance in the repayment of a commercial loan shall demonstrate to the Office that the commercial loan was used for tuition, educational expenses, or living expenses for graduate or undergraduate study.
Assistance in the repayment of a loan from an entity set forth in § 18–1501(c)(2) of this subtitle shall require the approval of the Office.
Subject to the provisions of subsection (b) of this section, the Office shall assist in the repayment of the amount of any higher education loan owed by a licensed clinical alcohol and drug counselor, a licensed clinical marriage and family therapy counselor, or a licensed clinical professional counselor whose practice is located in a high–need geographic area of the State as determined by the Maryland Department of Health.
The Office of Student Financial Assistance shall adopt regulations to establish:
The maximum starting income for eligibility in the Janet L. Hoffman Loan Assistance Repayment Program;
The maximum total income for eligibility in the Janet L. Hoffman Loan Assistance Repayment Program, including any additional sources of income;
That priority for participation in the Program shall be given to an individual who:
Graduated from an institution of higher education in the last 3 years;
Is a resident of the State;
Is employed on a full–time basis; and
Provides, as the principal part of the individual’s employment, legal services to low–income residents in the State who cannot afford legal services, nursing services in nursing shortage areas in the State as defined in § 18–802 of this title, or other services in an eligible field of employment in which there is a shortage of qualified practitioners to low–income or underserved residents or areas of the State; or
For teacher, mental health professional, and school nurse applicants only, qualifies for a Nancy Grasmick Public School Professional Award;
A limit on the total amount of assistance provided by the Office of Student Financial Assistance in repaying the loan of an eligible individual, based on the individual’s total income and outstanding higher education loan balance;
A procedure and schedule for the monthly or annual payment of the amount of loan assistance provided by the Office of Student Financial Assistance to the eligible individual, as appropriate to assist an eligible individual in meeting loan forgiveness program requirements;
A requirement that an eligible individual apply to federal loan forgiveness programs for which the individual may qualify;
A requirement that an eligible individual notify the Office of Student Financial Assistance if the individual receives other loan repayment assistance; and
An annual review of the eligibility of each individual participating in the Program.
The Office of Student Financial Assistance shall adopt any other regulations necessary to implement this subtitle.
Funds for the Janet L. Hoffman Loan Assistance Repayment Program described in subsection (b)(2) of this section shall be allocated by the Commission to an individual who:
Has received a graduate degree from a school of law; and
Has submitted an application for the Janet L. Hoffman Loan Assistance Repayment Program that the Commission disapproved due to insufficient funds.
Funds for the Janet L. Hoffman Loan Assistance Repayment Program shall:
Be provided on an annual basis in the State budget; and
Include money paid to the Program from the fee charged for a special admission of an out–of–state attorney under § 7–202(f) of the Courts Article.
If a federal matching grant loan program furnishes professional services in an eligible field of employment to low–income or underserved residents of the State, the Office may apply not more than 50 percent of the funds provided in the State budget for the Janet L. Hoffman Loan Assistance Repayment Program to the State’s participation in the federal program.
Subject to § 2–1257 of the State Government Article, the Office shall report to the General Assembly by January 1 of each year on the implementation of the Janet L. Hoffman Loan Assistance Repayment Program and the requirements of § 18–28A–05 of this title.
The Office shall publicize the availability of the Program, including by publicizing the Program:
At historically Black colleges and universities;
In a manner that focuses on students who are historically underrepresented in the teaching field;
To eligible mental health professionals in an effort to recruit and retain mental health professionals to public schools in the State; and
To eligible school nurses in an effort to recruit and retain nurses working in public schools in the State.
In this subtitle the following words have the meanings indicated.
“Eligible employment” means full-time employment in the State in an occupation requiring a college or university degree in a math or science program.
“Higher education loan” means any loan for undergraduate study that is obtained for tuition, educational expenses, or living expenses from:
A college or university, government, or commercial source; or
An organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
There is a Math/Science Student Corps to encourage students to enroll in math and science programs and work in occupations in Maryland requiring math and science skills.
The purpose of the program is to increase the number of graduates who are employed in occupations requiring math and science skills and to provide loan repayment assistance for graduates who work in Maryland.
The Office may assist in the repayment of any higher education loan owed by an individual who:
Receives an undergraduate degree in a math or science program from a college or university in Maryland;
Obtains eligible employment;
Participates in activities to encourage other students to pursue math and science degree programs and occupations as may be required by the Office; and
Satisfies any other criteria established by the Office.
Recipients of loan repayment assistance may participate in the program for a maximum of 4 years.
An applicant for assistance in the repayment of a commercial loan shall demonstrate to the Office that the commercial loan was used for tuition, educational expenses, or living expenses for undergraduate study.
Assistance in the repayment of a loan from an entity set forth in § 18-1601(c)(2) of this subtitle shall require the approval of the Office.
The Office shall adopt guidelines or regulations to establish:
The math and science degree programs and occupations eligible for the program and review them on an annual basis;
The criteria for making loan repayment assistance awards;
A procedure and schedule for the Office to pay eligible individual loan repayment assistance; and
An annual review of the eligibility of each individual participating in the program.
The Office shall adopt any other guidelines or regulations necessary to implement this subtitle.
Funds for the Math/Science Student Corps shall be as provided by the Governor in the annual budget of the Commission.
In this subtitle the following words have the meanings indicated.
“Eligible student” means a junior, senior, or graduate student who attends an institution of higher education in the State.
“Internship” means a paid or an unpaid internship in the State with:
An organization, an institution, an association, a society, or a corporation that:
Is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986; and
Affords the student the opportunity to participate in and support management functions, including board governance, executive leadership, financial management, human resources, fundraising, or facilities management; or
The State or any local government in the State.
“Program” means the Walter Sondheim Jr. Public Service Internship Scholarship Program.
“Shriver Center” means the Shriver Center located at the University of Maryland, Baltimore County.
There is a scholarship program known as the Walter Sondheim Jr. Public Service Internship Scholarship Program in the State.
The Program consists of at least the following public service intern fellowships:
The Governor’s Summer Internship Program;
The Sondheim Maryland Nonprofit Leadership Internship Program; and
The Sondheim Public Service Law Fellows Program.
The purpose of the Program is to assist college and graduate students to explore public service career opportunities through internships.
The Shriver Center shall administer the Program.
An institution of higher education in the State may nominate eligible students to participate in the Program on or before:
January 1 of each year for summer and fall internships; and
October 1 of each year for spring internships.
Priority for participation in the Program shall be given to an eligible student who:
Is a resident of the State;
Has demonstrated an interest in a career in public service; and
Assists in providing:
Legal services:
To low–income residents in the State who cannot afford legal services; or
In a public service position;
Social work services to low–income residents in the State;
Nursing services in nursing shortage areas in the State as defined in § 18–802 of this title; or
Other services in the public or nonprofit sectors in which there is a shortage of qualified practitioners to low–income or underserved residents or areas of the State.
Subject to paragraph (2) of this subsection, for eligible students who have agreed to serve in a public service internship, the Shriver Center shall award scholarships on or before:
January 15 of each year for spring internships;
May 1 of each year for summer internships; and
August 1 of each year for fall internships.
Funds for the scholarships awarded under this subtitle shall be as provided in the State budget.
Subject to the availability of funds, the scholarship award under the Program shall be at least $2,000 and no more than $6,000.
The Shriver Center shall serve as a clearinghouse for public and nonprofit entities that wish to hire public service interns participating in the Program.
The Shriver Center shall adopt policies to establish:
The criteria for eligibility in the Program;
A procedure and schedule for the payment of the scholarship award provided to an eligible student; and
A procedure for the repayment of the scholarship award if a student does not fulfill the internship requirements under the Program.
The Shriver Center shall adopt any other policies necessary to implement this subtitle.
Funds for the Program shall be provided on an annual basis in the State budget in accordance with this subsection.
Beginning in fiscal year 2028, the Governor shall include in the annual budget bill an appropriation for the Program that is at least 125% of the appropriation provided in fiscal year 2026.
The appropriation shall include funding for the University of Maryland, Baltimore County that is at least 125% of the funding provided in fiscal year 2026 for:
The Governor’s Summer Internship Program;
The Sondheim Maryland Nonprofit Leadership Internship Program; and
The Sondheim Public Service Law Fellows Program.
The Governor may provide funding in the State budget to the Shriver Center to administer the Program.
Subject to § 2–1257 of the State Government Article, the Shriver Center shall report to the General Assembly by January 1 of each year on the implementation of the Program.
In this subtitle the following words have the meanings indicated.
“Grant” means an apprenticeship incentive grant that is awarded to an apprenticeship sponsor under this subtitle.
“Grant recipient” means a person or entity that receives a grant under this subtitle.
“Program” means the Apprenticeship Incentive Program.
The Maryland Department of Labor in collaboration with the State Superintendent of Schools and the Secretary of Higher Education may establish a program of school–to–work transition grants, to be known as the “Youth Apprenticeship Program”.
Funds for the program shall be as provided by the Governor in the annual budget.
A grant may be awarded under this subtitle to:
An employer or consortium of employers;
An industrial trade association;
A trade union;
A registered apprenticeship sponsor; or
A combination of the entities specified in items (1) through (4) of this subsection.
A grant recipient shall use the grant in an apprenticeship training program that is:
A registered apprenticeship program approved by the Apprenticeship and Training Council within the Maryland Department of Labor;
A youth apprenticeship program approved by the State Superintendent of Schools that involves students attending the public schools of the State; or
A youth apprenticeship program approved by the Secretary of Juvenile Services that involves clients of the Department of Juvenile Services.
The Secretary of Labor may ensure that the youth apprenticeship programs approved under this subtitle:
Foster the expansion of structured, school–to–work transition programs that link secondary school applied learning experiences with:
Skilled, high wage, workplace jobs and professions; and
Postsecondary technical and occupational work experiences;
Foster enrollment in apprenticeship programs that target youth, including general education degree recipients;
Foster enrollment of inexperienced, unskilled, first time hires in long–term programs leading to a credential in emerging, technology based occupations that are projected as high growth areas in the State economy; and
Support the development of competency based instructional programs that encompass secondary and postsecondary institutions and are based on specific skill standards that are identified by the industry through accepted models.
The Maryland Department of Labor, after consultation with the Advisory Board and interested potential grant recipients, may establish guidelines for the review and evaluation of grant proposals and the selection of grant recipients.
During the month of January each year, the Maryland Department of Labor may issue a request for proposals inviting interested persons to submit grant proposals for participation in the program for the fiscal year that begins on July 1 of that year.
Grant proposals may be received and reviewed by the Department only during the period between the date of the issuance of the request for proposals under paragraph (1) of this subsection and May 31 of that year.
The Maryland Department of Labor may evaluate grant proposals on a competitive basis and shall approve only proposals that it determines are of high quality and likely to fulfill the goals and objectives of the program.
Following a review of all grant proposals received during the period specified under subsection (b) of this section, the Secretary of Labor may announce the grant recipients for the fiscal year that begins on July 1 of that year.
If a Youth Apprenticeship Program is established under the authority granted under this subtitle, the Secretary of Labor may:
Determine the amount that is needed to fund the grants awarded under this subtitle; and
Submit this information to the Department of Budget and Management for inclusion in the annual budget.
The Maryland Department of Labor may require that each grant recipient have a matching requirement for the amount of the grant that is awarded to the recipient under this subtitle.
The grant recipient may include in the amount that is calculated as its match under subsection (a) of this section the costs of personnel, equipment, and materials it incurs in the training program for the students it enrolls.
The grant recipient may use the grant for:
The development of competency based instructional programs that incorporate industry skills and that are based on generally accepted models within the industry;
The development of performance assessment systems that are tied to industry standards that demonstrate mastery of skills with a formal credential;
The coordination of work site and on–the–job training; and
To the extent not provided by the educational institution attended by the student or by any other entity, the costs of tuition, books, fees, and materials used in the training program.
Funds for the costs of the administration of the program shall be as provided by the Governor in the annual budget.
The grant recipient shall:
Submit periodic reports to the Secretary of Labor summarizing its activities under the program;
Meet and consult with the Secretary about the program; and
Make available to the Secretary for inspection, the recipient’s books, accounts, and other records associated with the program at such times as are mutually agreed upon by the parties.
The Maryland Department of Labor may establish a Youth Apprenticeship Program Advisory Board.
The Advisory Board shall include:
The Secretary of Labor;
The State Superintendent of Schools;
The Secretary of Higher Education;
The chair of the Maryland Business Roundtable, or the chair’s designee;
The President of the Maryland AFL–CIO, or the President’s designee;
The chair of the Maryland Apprenticeship and Training Council, or the chair’s designee;
The chair of the Partnership for Workforce Quality Advisory Board, or the chair’s designee;
The chair of the Vocational Education Advisory Council, or the chair’s designee;
The chair of the Governor’s Workforce Development Board, or the chair’s designee;
The chair of the Maryland Association of Community Colleges, or the chair’s designee;
One member of the Senate of Maryland, appointed by the President of the Senate; and
One member of the House of Delegates, appointed by the Speaker of the House.
The Advisory Board shall, from time to time, review the program and advise the Secretary of Labor, the State Superintendent of Schools, and the Secretary of Higher Education about matters regarding the program.
The Secretary of Labor, in collaboration with the State Superintendent of Schools and the Secretary of Higher Education, may adopt regulations to implement the provisions of this subtitle.
In this subtitle the following words have the meanings indicated.
“ABLE account holder” means an individual who has established an account described under § 529A(e) of the Internal Revenue Code and is the designated beneficiary of the account.
“Account holder” means an individual who:
Makes or undertakes the obligation to make advance payments of qualified higher education expenses as provided under a prepaid contract; and
Except as provided in § 18–1909(b) of this subtitle, is a resident of Maryland or of the District of Columbia at the time that the account holder enters into a prepaid contract.
“Broker–Dealer Plan” means the Maryland Broker–Dealer College Investment Plan established under Subtitle 19B of this title.
“Current prepaid contract obligations” means the scheduled payments due for the next fiscal year under existing prepaid contracts.
“Eligible institution of higher education” means an institution of higher education that:
Offers an associate, bachelor, or graduate degree program; and
Is eligible to participate in federal financial aid programs.
“Market value of program assets” means the amount of cash and cash equivalents held by the Trust plus the fair market value of other assets of the Trust.
“Maryland ABLE Program” means the Maryland Achieving a Better Life Experience Program established under Subtitle 19C of this title.
“Plan” means the Maryland Senator Edward J. Kasemeyer College Investment Plan established under Subtitle 19A of this title.
“Prepaid contract” means a contract between the State Treasurer and an account holder under the provisions of this subtitle for the advance payment of qualified higher education expenses by the account holder for a qualified beneficiary to attend an eligible institution of higher education, if the qualified beneficiary is admitted to the institution.
“Program” means Maryland 529.
“Qualified beneficiary” means an individual who:
Is eligible to apply advance payments of qualified higher education expenses to undergraduate or graduate qualified higher education expenses at an eligible institution of higher education under the provisions of this subtitle; and
Except as provided in § 18–1909(b) of this subtitle, is a resident of the State or of the District of Columbia at the time that the account holder enters into a prepaid contract.
“Qualified higher education expenses” has the meaning stated in § 529 of the Internal Revenue Code.
“Qualified state tuition program” has the meaning stated in § 529 of the Internal Revenue Code.
“Trust” means the Maryland Senator Edward J. Kasemeyer Prepaid College Trust established under this subtitle.
“Tuition” means the actual tuition and mandatory fees assessed to all students by an eligible institution of higher education as a condition of enrollment at the institution.
“Tuition” does not include any fee that is assessed by the institution for a particular course taken, year of enrollment, academic status, course of study, residency status, or any other distinguishing factor used by the institution to determine a specific fee.
It is the intent of the General Assembly to enhance the accessibility and affordability of higher education for all citizens of the State and for all citizens of the District of Columbia by establishing a method to provide for the prepayment of tuition at eligible institutions of higher education.
There is a Program entitled Maryland 529.
The purpose of the Program is to provide for the administration by the State Treasurer of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust, the Maryland Senator Edward J. Kasemeyer College Investment Plan, the Maryland Broker–Dealer College Investment Plan, and the Maryland ABLE Program.
There is a Maryland Senator Edward J. Kasemeyer Prepaid College Trust.
The purpose of the Trust is to provide:
A means for payment of the cost of tuition in advance of enrollment at an eligible institution of higher education; and
An assurance to a beneficiary who enrolls at an eligible institution of higher education that the State Treasurer shall make every effort to invest the advance payments so that the prepaid contract will cover the average in–State tuition costs at public institutions of higher education in the State at the time that the benefits are exercised.
The State Treasurer shall administer the Trust in compliance with Internal Revenue Service standards for qualified state tuition programs.
The funds of the Trust consist of:
Payments received from prepaid contracts made under the provisions of this subtitle;
Bequests, endowments, or funds from any other available private source;
Interest and income earned from the investments of the Trust; and
Federal, State, or local funds, or funds from any other available public source.
Money remaining in the Trust at the end of the fiscal year shall remain in the Trust and may not revert to the General Fund of the State.
Money of the Trust may not be considered money of the State and may not be deposited into the Treasury.
Money of the Trust may not be considered money of the Maryland Senator Edward J. Kasemeyer College Investment Plan and may not be commingled with the Plan.
Money of the Trust may not be considered money of or be commingled with the Maryland Broker–Dealer College Investment Plan.
Money of the Trust may not be considered money of or be commingled with the Maryland ABLE Program.
The debts, contracts, and obligations of the Trust are not the contracts, debts, or obligations of the State and neither the faith and credit nor taxing power of the State is pledged directly or indirectly or contingently, morally or otherwise, to the payment of the debts, contracts, and obligations.
The State Treasurer cannot directly or indirectly or contingently obligate, morally or otherwise, the State to levy or pledge any form of taxation whatsoever for the debts and obligations of the Trust or to make any appropriation for the payment of the debts and obligations of the Trust.
Neither the State nor any eligible institution of higher education shall be liable for any losses or shortage of funds in the event that the Maryland Senator Edward J. Kasemeyer Prepaid College Trust is insufficient to meet the tuition requirements of an institution attended by the qualified beneficiary.
The State Treasurer shall administer:
The Maryland Senator Edward J. Kasemeyer Prepaid College Trust established under this subtitle;
The Maryland Senator Edward J. Kasemeyer College Investment Plan established under Subtitle 19A of this title;
The Maryland Broker–Dealer College Investment Plan established under Subtitle 19B of this title; and
The Maryland ABLE Program established under Subtitle 19C of this title.
The State Treasurer:
Shall appoint a deputy treasurer to administer the Program; and
May employ additional Program staff in accordance with the budget.
Except for employees described in subparagraph (ii) or (iii) of this paragraph, the employees shall be skilled service employees subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees.
An employee is in the professional service and subject to the provisions of the State Personnel and Pensions Article that govern professional service employees if the position:
Requires knowledge of an advanced type in a field of science or learning customarily acquired by a course of specialized intellectual instruction and study; and
Normally requires a professional license, an advanced degree, or both.
An employee is in the management service and subject to the provisions of the State Personnel and Pensions Article that govern management service employees if the position:
Primarily involves direct responsibility for the oversight and management of personnel and financial resources;
Requires the exercise of discretion and independent judgment; and
Is not in the executive service.
The State Treasurer may retain the services of consultants, administrators, and other personnel, as necessary, to administer the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program.
The budget for the Program and staff retained by the State Treasurer to administer the Program are subject to review by the General Assembly for information purposes only.
The State Treasurer may adopt any regulations that the State Treasurer considers necessary to carry out the provisions of this subtitle or Subtitle 19A, Subtitle 19B, or Subtitle 19C of this title.
In administering the Program, the State Treasurer may:
Execute contracts and other necessary instruments;
Hold, buy, and sell instruments, obligations, securities, and other investments consistent with its comprehensive investment plan;
Enter into agreements with eligible institutions of higher education and other public or private entities for the promotion, administration, or marketing of the Program, the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program;
Invest funds not required for immediate disbursement;
Solicit and accept gifts, grants, loans, or other aid from any source or participate in any government program for purposes consistent with this subtitle and Subtitles 19A, 19B, and 19C of this title;
Subject to the review of the General Assembly, impose, collect, and distribute across Maryland 529 programs reasonable administrative fees for any transactions under the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program or involving prepaid contracts or transactions affecting the Program, the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program;
Procure insurance against any loss of assets of the Program, the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program;
Endorse insurance coverage written exclusively for the purpose of protecting:
A prepaid contract under the Trust and the account holder and the qualified beneficiary of the contract;
An investment account under the Plan, or the Broker–Dealer Plan, and the account holder and qualified designated beneficiary of the investment account; or
An ABLE account under the Maryland ABLE Program and the ABLE account holder;
Designate terms under which money may be withdrawn from the Program, the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program;
Establish additional procedural and substantive requirements for participation in and the administration or marketing of the Program, the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program;
Appear before boards, commissions, or other governmental agencies; and
Take any other action that the State Treasurer considers appropriate to implement and administer the Program, the Trust, the Plan, the Broker–Dealer Plan, or the Maryland ABLE Program.
The State Treasurer may:
Delegate, wholly or partly, the exercise of fiduciary duties related to the Trust; and
Contract for support services necessary to carry out the State Treasurer’s fiduciary duties related to the Trust.
The State Treasurer shall implement a marketing plan to increase participation in Maryland 529.
The marketing plan shall identify methods to increase general participation in Maryland 529.
The State Treasurer shall coordinate with the Board of Trustees of the Maryland State Employees Supplemental Retirement Plans and local school systems, respectively, to identify methods to increase participation in Maryland 529 among:
State employees that participate in other State tax savings programs; and
Families of students in local school systems with lower rates of participation in Maryland 529 than the State population.
On or before December 1, 2025, and every 3 years thereafter, the State Treasurer shall submit the marketing plan required under subsection (a) of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, the House Committee on Ways and Means, and the House Appropriations Committee.
The State Treasurer shall adopt a comprehensive investment plan for the administration of the Trust.
The plan shall specify the investment policies used by the State Treasurer in the administration of the Trust.
Assets of the Trust shall be invested in accordance with the comprehensive investment plan.
The comprehensive investment plan must indicate the percentage of assets that shall be held in each class of investment, the amount of funds held in any cash pool, the amount of funds held in fixed assets investments, the amount of funds held in equity investments, and the percentage and dollar value of assets placed with outside managers.
Notwithstanding any law restricting the deposit or investment of State money, the State Treasurer may place assets of the Trust in savings accounts or may use the assets to purchase fixed or variable life insurance or annuity contracts, securities, evidence of indebtedness, or other investment products pursuant to the comprehensive investment plan.
Any insurance, annuity contracts, savings, or other investment products procured by the State Treasurer shall be underwritten and offered in compliance with applicable federal and State laws.
The State Treasurer shall make every effort to invest the assets of the Trust in a manner that earns, at a minimum, sufficient earnings to generate the difference between the prepaid amount under prepaid contracts and the average in–State tuition costs at public institutions of higher education in the State at the time that the benefits are exercised.
The comprehensive investment plan shall provide for the Trust to be administered in an actuarially sound manner to assure that the State Treasurer may defray obligations of the Trust.
The State Treasurer shall review the comprehensive investment plan at least annually to assure that the Trust remains actuarially sound.
The State Treasurer may contract with an investment advisory or management company for the investment and management of the Trust as long as the Trust is administered in accordance with the comprehensive investment plan.
The State Treasurer:
Shall preserve, invest, and expend the assets of the Trust solely for the purposes of this subtitle; and
May not loan, transfer, or use the assets for any other purpose of the State.
The Trust is not subject to § 7–302 of the State Finance and Procurement Article.
Unless the State Treasurer provides otherwise by regulation, the State Treasurer shall use the proceeds in the Trust in the following order:
To pay eligible institutions of higher education in accordance with the State Treasurer’s obligations under prepaid contracts;
To refund money on the termination of prepaid contracts;
To pay the operating expenses of the State Treasurer in administering the Program; and
To make payments to resolve claims brought against the Trust in accordance with § 18–1917 of this subtitle.
Except as provided in paragraph (2) of this subsection, if the State Treasurer determines after an annual review that the market value of Trust assets exceeds the amount necessary to satisfy all scheduled payments currently due or scheduled to become due under all prepaid contracts by 30% or more, the State Treasurer may provide for a rebate from the excess to account holders of existing prepaid contracts in an amount to be determined by the State Treasurer.
The State Treasurer may not rebate any amount to account holders if, within the 5 years immediately preceding the proposed rebate:
The State Treasurer has requested an appropriation under § 18–1906.1 of this subtitle; or
The Trust has failed to repay to the State any appropriation under § 18–1906.1 of this subtitle.
If the current prepaid contract obligations of the Trust exceed the market value of Trust assets, at the request of the State Treasurer, the Governor shall include in the annual budget bill submitted to the General Assembly an appropriation in the amount determined under subsection (b) of this section.
The appropriation to be included in the budget bill under subsection (a) of this section shall equal the difference between the current prepaid contract obligations and the market value of Trust assets.
For purposes of this section, the current prepaid contract obligations and the market value of Trust assets:
Shall be determined as of June 30 of the calendar year that ended before the beginning of the fiscal year for which the appropriation is requested; and
Shall be verified by the report of the independent outside auditor required under § 18–1916 of this subtitle.
The amount appropriated under this section shall be deposited into the Trust.
All amounts paid into the Trust under this section shall constitute and be accounted for as advances to the Trust.
Subject to the rights of the Trust’s contract holders, amounts appropriated under this section shall be repaid to the State without interest in equal amounts in each of the next 2 fiscal years succeeding the one for which the appropriation was made.
If the appropriation in the State budget as enacted by the General Assembly is less than the amount specified under subsection (b) of this section, the State Treasurer may adjust the terms of subsequent or current prepaid contracts to ensure continued actuarial soundness of the Trust.
In this section, “fiduciary” means:
The State Treasurer;
An employee of the Program or the Trust who exercises any discretionary authority or control over:
The management or administration of the Trust; or
The management or disposition of the assets of the Trust; or
An individual to whom the State Treasurer has delegated fiduciary duties in accordance with § 18–1905 of this subtitle.
A fiduciary shall discharge the fiduciary’s duties with respect to the Trust:
Solely in the interest of the participants;
For the exclusive purposes of providing benefits to the participants and providing reasonable expenses of administering the Trust;
With the care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character with like aims;
By diversifying the investments of the Trust so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
In accordance with the laws governing the Trust; and
In accordance with the documents and instruments governing the Trust to the extent that the documents and instruments are consistent with this subtitle.
In exercising authority, control, or discretion with respect to the Trust, a fiduciary may not:
Use the assets of the Trust for the fiduciary’s own interest or account;
Act in a transaction involving the Trust on behalf of a person, or represent a person, if the interests of the person are adverse to the interests of the Trust or the interests of participants;
Receive any consideration for the fiduciary’s own account from a person dealing with the Trust in connection with a transaction involving the assets of the Trust; or
Become an endorser or surety or, in any manner, an obligor, for money lent to or borrowed from the State Treasurer.
Each fiduciary shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article, as a fiduciary of the Trust.
Unless a fiduciary is bonded, the fiduciary may not exercise custody or control of any assets of the Trust.
A fiduciary may not allow another fiduciary to act in violation of this section.
On or after June 1, 2023, the State Treasurer may not establish any new prepaid contracts or extend or upgrade any existing prepaid contracts under the Trust.
On or after June 1, 2023, an account holder may not enter into any new prepaid contracts or extend or upgrade any existing prepaid contracts under the Trust.
For the purpose of entering into a prepaid contract, either the account holder or the qualified beneficiary must be a resident of Maryland or of the District of Columbia at the time that the account holder enters into the prepaid contract.
For the purposes of determining residency for the purchase of a prepaid contract:
For residency in Maryland, “resident” has the meaning stated in § 10–101 of the Tax – General Article; and
For residency in the District of Columbia, “resident” has the meaning stated in § 47–1801.04 of the District of Columbia Code Annotated.
The cost of a prepaid contract shall be based on:
The average current in–State tuition costs at the time the prepaid contract is purchased at public institutions of higher education in the State;
The number of years expected to elapse between the purchase of a prepaid contract and the use of the benefits of the prepaid contract; and
The projected tuition costs at the time that the benefits will be exercised.
Each prepaid contract made under the provisions of this subtitle shall include the following provisions:
The amount of each payment and the number of payments required from an account holder;
The terms and conditions under which account holders shall remit payments, including the dates of the payments;
Provisions for late payment charges and defaults;
Penalties for early withdrawal from the Trust;
The amount and terms of any administrative fees that must be paid by the account holder or the beneficiary;
The name and date of birth of the qualified beneficiary on whose behalf the contract is made;
Terms and conditions for a substitution for the qualified beneficiary originally named;
Terms and conditions for the termination of the prepaid contract;
The time period during which the qualified beneficiary may claim benefits from the Trust;
The maximum number of undergraduate semester hours that are prepaid under the prepaid contract, based on in–State tuition at a public institution of higher education in the State;
All other rights and obligations of the account holder and the Trust; and
Any other terms and conditions that the State Treasurer considers necessary or appropriate.
Subject to subsection (a) of this section, the State Treasurer shall allow the conversion of a prepaid contract from one tuition plan or payment option to a different tuition plan or payment option.
The State Treasurer shall allow excess prepaid contract benefits due to receipt of a scholarship, tuition remission, or early graduation from college to be used toward the payment of other qualified higher education expenses, as specified by the State Treasurer, at an eligible institution of higher education.
On or after June 1, 2023, the State Treasurer may only allow the transfer of funds from any other qualified state tuition program to the Trust, in accordance with federal law, for the purpose of contributing funds towards an existing contractual obligation.
The State Treasurer shall allow the transfer of funds from the Trust to any other qualified state tuition program, in accordance with federal law.
Notwithstanding any other provision of law, the State Treasurer shall allow the transfer of funds from the Trust to any qualified ABLE program established in accordance with § 529A of the Internal Revenue Code.
The State Treasurer shall set procedures to ensure that contributions to the Trust plus contributions or payments to other qualified state tuition programs do not exceed a total maximum amount determined by § 529 of the Internal Revenue Code for contributions to multiple qualified state tuition programs.
The Maryland prepaid contract plan shall be referred to as the Senator Edward J. Kasemeyer prepaid contract plan.
The State Treasurer shall issue refunds as specified in this section.
Unless authorized by the State Treasurer or under subsection (b) of this section, a refund may not exceed the amount paid into the Trust by the account holder.
A refund equal to the same benefits as provided by the prepaid contract, minus any amount paid out of the funds of the Trust on behalf of the qualified beneficiary and for reasonable administrative charges, shall be made if the beneficiary:
Is awarded a scholarship or tuition remission that covers benefits provided under the prepaid contract; or
Dies or suffers from a disability which prevents the beneficiary from attending an institution of higher education within the time allowed by this subtitle.
A reduced refund of the contributions made to the Trust, as determined by the State Treasurer, shall be made if:
The beneficiary does not attend an institution of higher education;
Benefits are not exercised under the contract within a time specified in the contract; or
The prepaid contract is canceled by the account holder.
The time that a qualified beneficiary spends in active duty as a member of the uniformed services shall be added to the time period allowed to exercise the benefits under a prepaid contract before a termination under paragraph (1) of this subsection.
The Program, Trust, and prepaid contracts issued under this subtitle are not subject to the provisions of the Insurance Article.
The assets and income of the Trust are exempt from State and local taxation.
In this section, “person” does not include the State.
A person may not attach, execute, garnish, or otherwise seize any current or future benefit under a prepaid contract or any asset of the Trust.
Nothing in this subtitle or in any prepaid contract may be construed as a promise or guarantee by the State Treasurer of admission to, continued enrollment at, or graduation from an institution of higher education.
The actual tuition rate charged to a qualified beneficiary shall be determined at the time of enrollment in accordance with the residency policy adopted by the governing board of the institution of higher education at which the qualified beneficiary enrolls.
The State and its agencies or any local government in the State may agree, by contract or otherwise, to remit payments on behalf of an employee toward a prepaid contract through payroll deductions.
The Legislative Auditor shall audit the Trust as provided under Title 2, Subtitle 12 of the State Government Article.
The State Treasurer shall cause an audit of the Trust to be made by an outside independent auditor annually.
The State Treasurer shall pay for the audit required under paragraph (2) of this subsection.
Within 120 days after the close of each fiscal year, the State Treasurer shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a report including:
The audit of the outside independent auditor;
A financial accounting of the Trust, including:
The annual review of the comprehensive investment plan which shall include:
The status of the investment program, including investment income matched to projected enrollment costs under the existing prepaid contracts;
The assets held in each class of investment, the amount of funds held in any cash pool, the amount of funds held in fixed assets investments, and the amount of funds held in equity investments;
The percentage and dollar value of assets placed with outside managers;
The income produced by each class of investment; and
The income produced by each investment manager; and
A detailed account of the operating and administrative budget for the Trust, which shall include a complete list of revenue sources and expenditures detailing the line item expenditures for:
Salaries, wages, and fringe benefits;
Technical and special fees;
Communication;
Travel;
Contractual services;
Supplies and materials;
Equipment;
Fixed charges; and
Other expenses;
The number of prepaid contracts entered into during the previous fiscal year;
Efforts by the State Treasurer in marketing the prepaid contracts under the Trust; and
Any recommendations of the State Treasurer concerning the operation of the Trust.
The State Treasurer shall make available to each account holder a copy of a summary of the report and the option to purchase the full report at a nominal charge.
The audit required by subsection (a)(2) of this section and the report required by subsection (b) of this section may be combined with any other audit or report for the same fiscal year required to be submitted by the State Treasurer to the Governor and the General Assembly.
Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, an account holder or a qualified beneficiary may file a claim arising from the administration of the Trust with the State Treasurer, as fiduciary of the Trust.
A claim may be filed only by an account holder or a qualified beneficiary for an account that was open and existing on or after November 1, 2021, by:
An account holder; or
A qualified beneficiary for a distribution that was made to the qualified beneficiary or to an eligible educational institution on the beneficiary’s behalf.
Any claim brought under this section shall be subject to the exclusions and limitations set forth in this subtitle.
A claim filed in accordance with subsection (a) of this section shall be filed:
For a claim relating to the updated terms included in the disclosure statement for the Trust that went into effect November 1, 2021:
Not sooner than the date of the notice to account holders required by subsection (j)(2)(i) of this section; and
Not later than December 31, 2023; or
For all other claims, 1 year after the date the claim arises.
A claim under this section shall:
Contain a concise statement of facts that sets forth the nature of the claim;
State the name, address, telephone number, and e–mail address, if any, of the claimant;
State the Prepaid Trust account number to which the claim relates;
Contain any other information required to be set forth in a claim by any procedures or regulations adopted by the State Treasurer in accordance with subsection (j) of this section;
State the name, address, telephone number, and e–mail address of the legal representative or counsel for the claimant, if any; and
Be signed by the claimant, or the legal representative or counsel for the claimant.
Subject to paragraphs (2) and (3) of this subsection, the State Treasurer shall:
Investigate the claim;
Approve or deny the claim in whole or in part; and
Notify the claimant, or the legal representative or counsel for the claimant, if any, in writing of the final determination.
In the exercise of the State Treasurer’s fiduciary duties, the State Treasurer may:
Delegate, wholly or partly, this responsibility, provided that any delegate shall be a fiduciary with respect to making a final determination of a claim; and
Contract for any support services that are needed to carry out this responsibility.
For claims relating to the updated terms included in the disclosure statement for the Trust that went into effect November 1, 2021, to the extent practicable, the State Treasurer shall prioritize the processing of claims of account holders who:
Have sought distributions for qualified higher education expenses before June 1, 2023; or
Will be seeking distributions for qualified higher education expenses for the fall of calendar year 2023.
Each final determination made by the State Treasurer in accordance with this section shall be made:
Independently and in the State Treasurer’s role as fiduciary to the Trust; and
Solely considering the interests of all of the account holders and qualified beneficiaries under the Trust.
Acceptance of a settlement by a claimant:
With respect to a claim brought in accordance with subsection (b)(1) of this section, shall be conditioned on an agreement of the account holder to transfer all funds in the account to any other qualified state tuition program; and
Is, as to that claimant and any qualified beneficiary of the account to which the claim relates:
Final; and
A complete release of each claim arising from the administration of the Trust against:
The State;
Each of its units;
All State personnel; and
The Trust.
The State Treasurer, as fiduciary of the Trust:
Makes the final determination with respect to claims submitted in accordance with this section; and
Is exempt from the provisions of Title 10, Subtitles 2 and 3 of the State Government Article.
Any claim by an account holder or a qualified beneficiary arising from the administration of the Trust shall be made solely against the assets of the Trust.
Notwithstanding any other provision of law, this section provides the exclusive remedy for a claim against the assets of the Trust.
The State Treasurer shall:
For claims brought in accordance with subsection (b)(1) of this section, establish procedures to implement the claim process established in this section for those claims; and
For all other claims, adopt regulations for the claim process established in this section.
The State Treasurer shall provide notice to account holders within 10 business days of:
The establishment of the procedures described in this subsection; and
The adoption of regulations in accordance with this subsection.
In this subtitle the following words have the meanings indicated.
“Account holder” means the person who established an investment account on behalf of a qualified designated beneficiary.
“Eligible educational institution” has the meaning stated in § 529(e) of the Internal Revenue Code.
“Investment account” means an account established by an account holder under this subtitle on behalf of a qualified designated beneficiary for the purpose of applying distributions toward qualified higher education expenses at eligible educational institutions.
“Plan” means the Maryland Senator Edward J. Kasemeyer College Investment Plan established under this subtitle.
“Qualified designated beneficiary” has the meaning stated in § 529 of the Internal Revenue Code.
“Qualified higher education expenses” has the meaning stated in § 529 of the Internal Revenue Code.
“Qualified state tuition program” has the meaning stated in § 529 of the Internal Revenue Code.
There is a Maryland Senator Edward J. Kasemeyer College Investment Plan.
The purpose of the Plan is to allow contributions to an investment account established for the purposes of meeting the qualified higher education expenses of the qualified designated beneficiary of the account.
The State Treasurer shall administer, manage, promote, and market the Plan.
The State Treasurer shall administer the Plan in compliance with Internal Revenue Service standards for qualified state tuition programs.
The State Treasurer shall adopt procedures that the State Treasurer considers necessary to carry out the provisions of this subtitle.
The State Treasurer shall adopt procedures relating to:
Application procedures for participation in the Plan;
Start–up costs incurred by the State for the development of the Plan with these costs to be reimbursed to the State by the Plan;
Early withdrawals, so that there will be no major detriment to the remaining account holders in the Plan;
The State contribution program;
Transfer of funds from the Plan to other qualified state tuition programs and from other qualified state tuition programs to the Plan in accordance with federal law; and
Transfer of funds from the Plan to a qualified ABLE program established in accordance with § 529A of the Internal Revenue Code.
At least annually, the State Treasurer shall issue to each account holder a statement that provides a separate accounting for each qualified designated beneficiary providing the following information with respect to each account:
The beginning balance;
Contributions to the account, including any State contribution;
Withdrawals from the account during the previous year; and
Ending investment account value.
The State Treasurer may issue requests for proposals to evaluate and determine the means for the administration, management, promotion, or marketing of the Plan.
The State Treasurer shall consider proposals that meet the following criteria:
Ability to develop and administer an investment program of a nature similar to the objectives of the Plan;
Ability to administer financial programs with individual account records and reporting;
Ability to market the Plan to Maryland residents;
Ability to market the Plan to nonresidents of Maryland; and
Ability to coordinate the Plan with other programs or informational services considered beneficial by the State Treasurer, including the Maryland Senator Edward J. Kasemeyer Prepaid College Trust established under Subtitle 19 of this title.
Except for applications made under § 18–19A–04.1 of this subtitle, the State Treasurer may require an initial application fee to be used for administrative costs of the Plan.
The State Treasurer may require additional fees associated with the expenses of the Plan.
Contributions to the Plan on behalf of a qualified designated beneficiary may not exceed the maximum amount determined by the State Treasurer to be in accordance with § 529 of the Internal Revenue Code.
Contributions to the Plan may be made only in cash or cash equivalent.
The Plan shall include provisions for automatic contributions.
The State Treasurer shall adopt procedures to ensure that contributions to the Plan plus contributions or payments to other qualified state tuition programs do not exceed a total maximum amount determined under § 529 of the Internal Revenue Code for contributions to multiple qualified state tuition programs.
The Plan:
Shall be established in the form determined by the State Treasurer; and
May be established as a trust to be declared by the State Treasurer.
The Plan may be divided into multiple investment portfolios.
If the Plan is divided into multiple portfolios as provided in paragraph (2) of this subsection, the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to a particular portfolio shall be enforceable against the assets of that portfolio only and not against the assets of the Plan generally, if:
Distinct records are maintained for each portfolio; and
The assets associated with each portfolio are accounted for separately from the other assets of the Plan.
The Maryland College Investment Plan shall be referred to as the Senator Edward J. Kasemeyer College Investment Plan.
A Maryland resident or a nonresident of Maryland may participate in and benefit from the Plan.
Distributions shall be requested by the account holder.
Subject to paragraph (2) of this subsection, for investment accounts established after December 31, 2016, a State contribution may be made to not more than two investment accounts for each qualified beneficiary as provided in this section if:
The qualified beneficiary of the investment account and the account holder are Maryland residents;
The account holder is at least 18 years old for applications filed on or after January 1, 2022;
The account holder submits an application to the State Treasurer or the State Treasurer’s designee between January 1 and June 1 of each year;
The account holder has Maryland adjusted gross income in the previous taxable year no greater than $112,500 for an individual or $175,000 for a married couple filing a joint return;
The account holder files income taxes on or before July 15 of each year; and
The qualified beneficiary is under the age of 26 years in the calendar year before the account holder submits an application.
For State contribution application periods after December 31, 2020, a qualified beneficiary may not receive more than two State contributions for each year the qualified beneficiary is eligible for the State contribution under this section.
An application may be made in person, online, or by mail.
The State Treasurer shall develop:
An application form that:
Includes permission for confirming Maryland taxable income with the Comptroller; and
Allows for certification of Maryland residency;
A procedure to certify the date and time of receipt of an application; and
Any other necessary procedures for the submittal of applications.
For an account holder with Maryland adjusted gross income of less than $50,000 for an individual or $75,000 for a married couple filing a joint return who contributes at least $25 per beneficiary during the contribution period in subsection (e) of this section, the State shall provide an additional $500 per beneficiary.
For an account holder with Maryland adjusted gross income of at least $50,000 but less than $87,500 for an individual or at least $75,000 but less than $125,000 for a married couple filing a joint return who contributes at least $100 per beneficiary during the contribution period in subsection (e) of this section, the State shall provide an additional $500 per beneficiary.
For an account holder with Maryland adjusted gross income of at least $87,500 but no greater than $112,500 for an individual or at least $125,000 but no greater than $175,000 for a married couple filing a joint return who contributes at least $250 per beneficiary during the contribution period in subsection (e) of this section, the State shall provide an additional $250 per beneficiary.
The Governor shall include in the annual budget bill an appropriation of at least $3,000,000 in each fiscal year.
If the funding provided in a fiscal year is not sufficient to fully fund all State contributions authorized under this section, the State Treasurer shall:
Provide contributions in the order in which applications are received; and
Give priority to applications of account holders who have not received a contribution.
An account holder shall contribute at least the amount specified under subsection (c) of this section on or before November 1 of each year in order to qualify for the State contribution.
A State contribution shall be made by December 31 of the calendar year in which the account holder made the contribution.
An account holder is not eligible for the subtraction modification under § 10–208 of the Tax – General Article for any taxable year in which the account holder receives a State contribution.
An account holder may qualify for not more than $9,000 in State contributions through the lifetime of the account holder.
The State Treasurer shall utilize an outreach and marketing plan to provide notification to individuals about the availability of a State contribution.
The outreach and marketing plan shall:
Make use of a variety of marketing media, including billboards, brochures, and electronic resources; and
Provide a centralized contact point for individuals to obtain information about opening an account and the availability of a State contribution.
The State Treasurer may adopt any regulations that the State Treasurer considers necessary to carry out the provisions of this section.
The debts, contracts, and obligations of the Plan are not the contracts, debts, or obligations of the State and neither the faith and credit nor taxing power of the State is pledged directly or indirectly or contingently, morally or otherwise, to the payment of the debts, contracts, and obligations.
The State Treasurer cannot directly or indirectly or contingently obligate, morally or otherwise, the State to levy or pledge any form of taxation whatsoever for the debts and obligations of the Plan or to make any appropriation for the payment of the debts and obligations of the Plan.
Neither the State nor any eligible educational institution shall be liable for any losses or shortage of funds in the event that the account holder’s investment account balance is insufficient to meet the tuition requirements of an institution attended by the qualified designated beneficiary.
Money of the Plan may not be considered money of the State or deposited in the State Treasury.
Money of the Plan may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer Prepaid College Trust.
Money of the Plan may not be considered money of or commingled with the Maryland Broker–Dealer College Investment Plan.
Money of the Plan may not be considered money of or commingled with the Maryland ABLE Program.
The Maryland 529 Program, Plan, and investment accounts issued under this subtitle are not subject to the provisions of the Insurance Article.
The assets and income of the Maryland Senator Edward J. Kasemeyer College Investment Plan are exempt from State and local taxation.
In this section, “person” does not include the State.
A person may not attach, execute, garnish, or otherwise seize any current or future benefit under an investment account or any asset of the Plan.
The Legislative Auditor shall audit the Plan as provided under Title 2, Subtitle 12 of the State Government Article.
The State Treasurer shall obtain an annual audit report from service providers.
Within 120 days after the close of each fiscal year, the State Treasurer shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a report including:
A financial accounting of the Plan, including:
An annual review of the Plan which shall include:
The status of the investment program;
The assets held in each class of investment;
The percentage and dollar value of assets placed with outside managers;
The income produced by each class of investment;
The income produced by each investment manager;
The total deposits into the Plan for the past year; and
The total withdrawals from the Plan for the past year; and
A detailed account of the operating and administrative budget for the Plan, which shall include a complete list of revenue sources and expenditures detailing the line item expenditures for:
Salaries, wages, and fringe benefits;
Technical and special fees;
Communication;
Travel;
Contractual services;
Supplies and materials;
Equipment;
Fixed charges; and
Other expenses;
The number of new account holders during the previous fiscal year;
Efforts in marketing the Plan; and
Any recommendations of the State Treasurer concerning the operation of the Plan.
The State Treasurer shall make available to each account holder a copy of a summary of the report and the option to purchase the full report at a nominal charge.
The audit required by subsection (a)(2) of this section and the report required by subsection (b) of this section, at the State Treasurer’s discretion, may be combined with any other audit or report for the same fiscal year required to be submitted by the State Treasurer to the Governor and the General Assembly.
In this subtitle the following words have the meanings indicated.
“Account holder” means the person who established an investment account on behalf of a qualified designated beneficiary.
“Broker–Dealer Plan” means the Maryland Broker–Dealer College Investment Plan established under this subtitle.
“Eligible educational institution” has the meaning stated in § 529(e) of the Internal Revenue Code.
“Investment account” means an account established by an account holder under this subtitle on behalf of a qualified designated beneficiary for the purpose of applying distributions toward qualified higher education expenses at eligible educational institutions.
“Qualified designated beneficiary” has the meaning stated in § 529(e) of the Internal Revenue Code.
“Qualified higher education expenses” has the meaning stated in § 529(e) of the Internal Revenue Code.
“Qualified state tuition program” has the meaning stated in § 529 of the Internal Revenue Code.
The State Treasurer may establish a Maryland Broker–Dealer College Investment Plan.
The purpose of the Broker–Dealer Plan is to provide for a broker–dealer distributed vehicle that would allow contributions to an investment account established for the purposes of meeting the qualified higher education expenses of the qualified designated beneficiary of the account.
The State Treasurer shall administer, manage, and promote the Broker–Dealer Plan.
The State Treasurer shall administer the Broker–Dealer Plan in compliance with Internal Revenue Service standards for qualified state tuition programs.
The State Treasurer shall adopt procedures relating to:
Enrollment procedures for participation in the Broker–Dealer Plan;
Start–up costs incurred by the State for the development of the Broker–Dealer Plan with these costs to be reimbursed to the State by the Broker–Dealer Plan;
Early withdrawals so that there will be no major detriment to the remaining account holders in the Broker–Dealer Plan;
Transfer of funds from the Broker–Dealer Plan to other qualified state tuition programs and from other qualified state tuition programs to the Broker–Dealer Plan in accordance with federal law; and
Transfer of funds from the Broker–Dealer Plan to a qualified ABLE program established in accordance with § 529A of the Internal Revenue Code.
The State Treasurer shall adopt any other procedures that the State Treasurer considers necessary to carry out the provisions of this subtitle.
At least annually, the State Treasurer shall issue to each account holder a statement that provides a separate accounting for each qualified designated beneficiary providing the following information with respect to each account:
The beginning balance;
Contributions to the account;
Withdrawals from the account during the previous year; and
Ending investment account value.
The State Treasurer may issue requests for proposals to evaluate and determine the means for the administration, management, promotion, or marketing of the Broker–Dealer Plan.
The State Treasurer shall consider proposals that meet the following criteria:
Ability to develop and administer an investment program of a nature similar to the objectives of the Broker–Dealer Plan;
Ability to administer financial programs with individual account records and reporting; and
Ability to market the Broker–Dealer Plan to Maryland residents and, at the State Treasurer’s discretion, nonresidents of Maryland.
The State Treasurer may require an initial enrollment fee to be used for administrative costs of the Broker–Dealer Plan.
The State Treasurer may require additional fees associated with the expenses of the Broker–Dealer Plan.
Contributions to the Broker–Dealer Plan on behalf of a qualified designated beneficiary may not exceed the maximum amount determined by the State Treasurer to be in accordance with § 529 of the Internal Revenue Code.
Contributions to the Broker–Dealer Plan may be made only in cash or cash equivalents.
The Broker–Dealer Plan shall include provisions for automatic contributions.
The Broker–Dealer Plan:
May be established as one or more separate plans as determined by the State Treasurer;
If established by the State Treasurer, shall be established in the form determined by the State Treasurer;
Shall be marketed and promoted under the name or names determined by the State Treasurer; and
May be established as one or more trusts to be declared by the State Treasurer.
The Broker–Dealer Plan may be divided into multiple investment options.
A Maryland resident or, at the State Treasurer’s discretion, a nonresident of Maryland may participate in and benefit from the Broker–Dealer Plan.
Distributions shall be requested by the account holder.
The debts, contracts, and obligations of the Broker–Dealer Plan are not the contracts, debts, or obligations of the State, and neither the faith and credit nor taxing power of the State is pledged directly or indirectly or contingently, morally or otherwise, to the payment of the debts, contracts, and obligations.
The State Treasurer cannot directly or indirectly or contingently obligate, morally or otherwise, the State to levy or pledge any form of taxation whatsoever for the debts and obligations of the Broker–Dealer Plan or to make any appropriation for the payment of the debts and obligations of the Broker–Dealer Plan.
Neither the State nor any eligible educational institution shall be liable for any losses or shortage of funds in the event that the account holder’s investment account balance is insufficient to meet the tuition requirements of an institution attended by the qualified designated beneficiary.
Money of the Broker–Dealer Plan may not be considered money of the State or deposited in the State Treasury.
Money of the Broker–Dealer Plan may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer Prepaid College Trust.
Money of the Broker–Dealer Plan may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer College Investment Plan.
Money of the Broker–Dealer Plan may not be considered money of or commingled with the Maryland ABLE Program.
The Maryland 529 Program, the Broker–Dealer Plan, and the investment accounts issued under this subtitle are not subject to the provisions of the Insurance Article.
The assets and income of the Maryland Broker–Dealer College Investment Plan are exempt from State and local taxation.
In this section, “person” does not include the State.
A person may not attach, execute, garnish, or otherwise seize any current or future benefit under an investment account or any asset of the Broker–Dealer Plan.
The Legislative Auditor shall audit the Broker–Dealer Plan as provided under Title 2, Subtitle 12 of the State Government Article.
The State Treasurer shall obtain an annual audit report from service provider(s) within six months of the end of such service provider’s reporting period.
In this subtitle the following words have the meanings indicated.
“ABLE account” means an account described under § 529A(e) of the Internal Revenue Code.
“ABLE account contributor” means an individual who contributes money to an ABLE account described under § 529A(e) of the Internal Revenue Code.
“ABLE account holder” means an individual who is the designated beneficiary of an account described under § 529A(e) of the Internal Revenue Code.
“Designated beneficiary” means an individual described in § 529A(e) of the Internal Revenue Code.
“Eligible individual” means an individual described in § 529A(e) of the Internal Revenue Code.
“Maryland ABLE Program” means a qualified ABLE program described in § 529A(b) of the Internal Revenue Code.
“Qualified disability expenses” means expenses described in § 529A(e) of the Internal Revenue Code.
The State Treasurer shall establish a Maryland ABLE Program that shall be subject to the provisions of § 529A of the Internal Revenue Code.
It is the goal of the State that the Maryland ABLE Program be fully operational by October 1, 2017.
The purpose of the Maryland ABLE Program is to:
Encourage and assist individuals and families in saving private funds to support individuals with disabilities to maintain health, independence, and quality of life; and
Provide secure funding for disability–related expenses on behalf of designated beneficiaries with disabilities that will supplement, not supplant, benefits provided through private insurance, the Medicaid program under Title XIX of the Social Security Act, the Supplemental Security Income program under Title XVI of the Social Security Act, the beneficiary’s employment, and any other source.
The State Treasurer shall administer, manage, and promote the Maryland ABLE Program.
The State Treasurer shall administer the Maryland ABLE Program in compliance with Internal Revenue Service standards for qualified ABLE programs.
The State Treasurer shall work in consultation with the Department of Disabilities to administer, manage, and promote the Maryland ABLE Program.
The State Treasurer may collaborate and participate with other states or entities to administer, manage, and promote the Maryland ABLE Program, including participating with a consortium of states that are implementing ABLE programs in those states or as a consortium of states.
The State Treasurer shall adopt procedures relating to:
Enrollment for participation in the Maryland ABLE Program and any other procedures that the State Treasurer considers necessary to carry out the provisions of this subtitle; and
The establishment and operation of an ABLE account by a person other than a designated beneficiary as described in § 18–19C–04 of this subtitle.
At least annually, the State Treasurer shall issue to each ABLE account holder a statement that provides a separate accounting for each designated beneficiary providing the following information with respect to each account:
The beginning balance;
Contributions to the account;
Distributions from the account during the previous year; and
Ending ABLE account value.
The State Treasurer may issue requests for proposals to evaluate and determine the means for the administration, management, promotion, or marketing of the Maryland ABLE Program.
The State Treasurer shall consider proposals that meet the following criteria:
Ability to develop and administer an investment program of a nature similar to the objectives of the Maryland ABLE Program;
Ability to administer financial programs with individual account records and reporting; and
Ability to market the Maryland ABLE Program to eligible individuals.
Subject to subsubparagraph 2 of this subparagraph, the State Treasurer shall develop written informational materials about the Maryland ABLE Program.
The written materials developed under this subparagraph shall be in a form that enables the materials to be distributed electronically or by hand.
The State Treasurer shall provide the materials developed under subparagraph (i) of this paragraph to the State Board and county boards for distribution to parents during individualized education program, individualized family service plan, and 504 plan meetings in accordance with §§ 8–405(b)(2) and 8–405.1 of this article.
The State Treasurer may require an initial enrollment fee to be used for administrative costs of the Maryland ABLE Program.
The State Treasurer may require additional reasonable fees associated with the expenses of the Maryland ABLE Program.
The Maryland ABLE Program is subject to the provisions of § 529A of the Internal Revenue Code.
The Maryland ABLE Program shall include provisions for automatic contributions.
Money and assets in the accounts established under the Maryland ABLE Program or an ABLE program in any other state may not be considered for the purpose of determining eligibility to receive, or the amount of, any assistance or benefits from local or State means–tested programs.
Money and assets contributed in each calendar year to the account of each ABLE account holder may not exceed the amount specified in § 529A(b)(2) of the Internal Revenue Code for each calendar year in which the taxable year begins.
Contributions to the account of each ABLE account holder may not exceed the maximum amount determined by the State Treasurer to be in accordance with § 529A(b)(6) of the Internal Revenue Code.
The Maryland ABLE Program may receive money from:
Appropriations in the State budget;
Reasonable fees assessed to beneficiaries;
Grants or other assistance from federal, State, or local government; and
Any other money from any public or private source.
The Maryland ABLE Program:
May be established as one or more separate plans as determined by the State Treasurer;
Shall be established in the form determined by the State Treasurer;
Shall be marketed and promoted under the name or names determined by the State Treasurer; and
May be established as one or more trusts to be declared by the State Treasurer.
The Maryland ABLE Program may be divided into multiple investment options.
An eligible individual may participate in and benefit from the Maryland ABLE Program.
An ABLE account may be established only for an eligible individual by:
The eligible individual;
A person selected by the eligible individual; or
Subject to paragraph (3) of this subsection and except as provided in paragraph (4) of this subsection, if an eligible individual, whether a minor or an adult, is unable to establish an ABLE account:
The eligible individual’s agent under a power of attorney; or
If the eligible individual does not have a power of attorney, in the following order, the eligible individual’s:
Conservator or legal guardian;
Spouse;
Parent;
Sibling;
Grandparent; or
Representative payee appointed for the eligible individual by the Social Security Administration.
The Board may accept a certification made under the penalties of perjury from the person seeking to establish an ABLE account that indicates:
The basis of the person’s authority to establish the ABLE account; and
There is no other person with a higher priority to establish the ABLE account under paragraph (2)(iii) of this subsection.
The following individuals may not establish an ABLE account on behalf of an eligible individual:
A minor;
An individual against whom the eligible individual has obtained a peace or protective order;
An individual who has been held civilly or criminally liable for financial exploitation under Title 13, Subtitle 6 of the Estates and Trusts Article; or
An individual who is the subject of a civil or criminal order prohibiting contact with the eligible individual.
Subject to the provisions of § 529A of the Internal Revenue Code, distributions shall be requested by the designated beneficiary or the person authorized to establish the ABLE account under subsection (a) of this section.
The Board may adopt regulations to carry out this section.
The debts, contracts, and obligations of the Maryland ABLE Program are not the contracts, debts, or obligations of the State, and neither the faith and credit nor taxing power of the State is pledged directly or indirectly or contingently, morally or otherwise, to the payment of the debts, contracts, and obligations.
The State Treasurer may not directly or indirectly or contingently obligate, morally or otherwise, the State to levy or pledge any form of taxation whatsoever for the debts and obligations of the Maryland ABLE Program or to make any appropriation for the payment of the debts and obligations of the Maryland ABLE Program.
The State may not be liable for any losses or shortage of funds in the event that the designated beneficiary’s ABLE account balance is insufficient to meet the designated beneficiary’s qualified disability expenses.
Money of the Maryland ABLE Program may not be considered money of the State or deposited in the State Treasury.
Money of the Maryland ABLE Program may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer Prepaid College Trust.
Money of the Maryland ABLE Program may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer College Investment Plan.
Money of the Maryland ABLE Program may not be considered money of or commingled with the Maryland Broker–Dealer College Investment Plan.
The Maryland 529 Program, the Maryland ABLE Program, and the ABLE accounts issued under this subtitle are not subject to the provisions of the Insurance Article.
The assets and income of the Maryland ABLE Program are exempt from State and local taxation.
In this section, “person” does not include the State.
A person may not attach, execute, garnish, or otherwise seize any current or future benefit under an ABLE account or any asset of the Maryland ABLE Program.
The Legislative Auditor shall audit the Maryland ABLE Program as provided under Title 2, Subtitle 12 of the State Government Article.
The State Treasurer shall obtain an annual audit report from a service provider within 6 months of the end of the reporting period of the service provider.
The State Treasurer shall issue refunds as specified in this section.
If the contribution of an ABLE account contributor under the Maryland ABLE Program would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount specified in § 529A(b)(2) of the Internal Revenue Code for each calendar year in which the taxable year begins, the State Treasurer shall issue a refund to the ABLE account contributor.
The State Treasurer shall adopt procedures to ensure that contributions to the account of each ABLE account holder do not exceed the total maximum amount determined under § 529A(b)(6) of the Internal Revenue Code.
Unless prohibited by federal law, on the death of a designated beneficiary, money and assets in an ABLE account may be transferred to:
The estate of the designated beneficiary; or
An ABLE account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.
Unless required by federal law, an agency or instrumentality of the State may not seek payment under § 529A(f) of the Internal Revenue Code from an ABLE account or its proceeds for any amount of medical assistance paid for the designated beneficiary.
In this subtitle the following words have the meanings indicated.
“Office” means the Office of Student Financial Assistance as defined in § 18-101(c) of this title.
“Regular undergraduate program” means an academic program of study in an institution of higher education at or below the baccalaureate level leading to either an associate’s degree or bachelor’s degree.
“Service obligation” means employment in the State in an occupation directly related to the eligible program of study as determined by the Maryland Higher Education Commission.
“Service obligation” does not mean paid student internships, paid fellowships, or volunteer service.
There is a program of Maryland Science and Technology Scholarships in this State that are awarded under this subtitle. The Office shall annually select students who have the greatest potential for academic success in higher education and offer a scholarship to each student to be used at a Maryland higher education institution of the student’s choice, if the recipient meets the following qualifications:
Qualifies academically as follows:
Has a secondary school transcript indicating an overall grade point average of at least 3.0 on a 4.0 scale or its equivalent after completion of the first semester of the senior year;
Intends to enroll or is enrolled as a full-time student in an academic program as designated by the Maryland Higher Education Commission; and
Has graduated from a secondary school;
Is a Maryland resident and was a Maryland resident at the time of graduating from secondary school;
Is accepted for admission in a regular undergraduate program at a Maryland higher education institution in the State;
Begins attending an eligible Maryland higher education institution within 5 years of completing secondary school or, failing to do so, provides evidence satisfactory to the Office of extenuating circumstances;
Agrees to the conditions provided in subsection (c) of this section; and
Accepts any other conditions attached to the award and satisfies any additional criteria the Commission may establish.
The annual scholarship award shall be in the amount of $1,000 for a student enrolled at a 2-year eligible institution or $3,000 for a student enrolled at a 4-year eligible institution.
If accepted by the eligible student, each award may be renewed on an annual basis for a maximum of 3 years after the original award if the recipient:
Remains a resident of the State;
Attends a Maryland higher education institution in the State;
Is enrolled as a full-time undergraduate student and takes at least 12 semester hours of courses each semester or its equivalent as determined by the Office;
Maintains a 3.0 grade point average on an academic year basis or, failing to do so, provides evidence satisfactory to the Office, of extreme extenuating circumstances;
Is making satisfactory progress toward a degree as determined by the institution; and
Maintains the standards of the institution.
Subject to the provisions of paragraph (2) of this subsection, each recipient of a Maryland Science and Technology Scholarship who is enrolled in a baccalaureate degree program may renew the annual award four times if the recipient is enrolled in an undergraduate academic program that, as determined by the institution, requires 5 years to complete.
Subject to the provisions of paragraph (2) of this subsection, each award may be renewed on an annual basis for a maximum of 2 years for students enrolled in an associate degree program.
A recipient of an award made under this section shall receive the award for each year indicated in which the recipient is eligible if:
The recipient signs an agreement at the time of the initial award to:
Commence employment in the State within 1 year after completion of undergraduate studies for 1 year for each year that the scholarship was awarded; and
Repay the State the amounts awarded under this subtitle as set forth in § 18-112 of this title if the recipient does not:
Satisfy the degree requirements of the eligible academic program or fulfill other requirements as provided in this subtitle; and
Perform the service obligation for 1 year for each year that the recipient has a scholarship awarded under this subtitle; and
The service obligation begins after graduation and cannot be fulfilled prior to graduation from an eligible institution.
A Maryland Science and Technology Scholarship may be used for tuition and mandatory fees at any eligible institution.
Each year after consulting with the Department of Commerce, the Maryland Department of Labor, and the appropriate commission advisory boards and evaluating such factors as high economic growth and the needs of Maryland’s science and technology industry and business community, the Commission shall establish a list of academic programs eligible for the Maryland Science and Technology Scholarship Program.
Funds for the Maryland Science and Technology Scholarship Program shall be as provided in the annual budget of the Commission by the Governor.
On or before May 1 of each year, the Office shall send each Senator and each Delegate a list of individuals in each legislative district to whom Maryland Science and Technology Scholarships are awarded.
The Office of Student Financial Assistance shall publicize the availability of Maryland Science and Technology Scholarships.
In this subtitle the following words have the meanings indicated.
“HBCU” means the following historically black colleges and universities:
Bowie State University;
Coppin State University;
Morgan State University; and
University of Maryland Eastern Shore.
“Program” means the James Proctor Scholarship Program.
There is a James Proctor Scholarship Program in the State.
The purpose of the Program is to award scholarships to students who attend an HBCU.
Each HBCU shall apply funding from the Program to the tuition and fees of an enrolled student who is a resident of the State.
Any student financial aid, other than a student loan, received by a student who receives a scholarship under the Program shall be applied first to pay the student’s tuition and fees.
Each HBCU shall administer the Program on its campus and shall adopt policies, subject to the requirements of this subtitle, to establish:
Eligibility requirements for a student receiving a scholarship under the Program;
Award amounts to be given to eligible students;
A procedure and schedule for the payment of the scholarship award provided to an eligible student; and
Any other policies necessary for the implementation of the Program.
The Governor shall include in the annual budget bill an appropriation of at least $400,000 to the Program for scholarship awards.
These funds appropriated under subsection (a) of this section shall be divided and distributed equally to each HBCU.
In this subtitle the following words have the meanings indicated.
“Eligible institution” means a:
Public senior higher education institution in the State that possesses a certificate of approval from the Commission and has a department, school, or college of education; or
Private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission, has a department, school, or college of education, and agrees to provide a matching grant to an undergraduate or graduate student, as appropriate, who receives a Teaching Fellows for Maryland scholarship in the lesser of:
100% of the annual cost of tuition and mandatory fees at the University of Maryland, College Park Campus; or
50% of the cost of tuition and mandatory fees at the private nonprofit institution of higher education.
“Service obligation” means to teach full time in the State as a teacher in a Maryland public school or a public prekindergarten program:
That is in a high–needs school, as identified by the Department; or
In a grade level or content area in which there is a shortage of qualified educators, as identified by the Department.
“Service obligation” does not mean employment as teaching assistants, volunteer service, paid fellowships, or internships.
There is a program of Teaching Fellows for Maryland scholarships that are awarded under this subtitle for students who pledge to work as public school or public prekindergarten teachers in the State upon completion of their studies at:
A high–needs school, as identified by the Department; or
In a grade level or content area in which there is a shortage of qualified educators, as identified by the Department.
Each year the Department shall submit to the Office a list of:
High–needs schools in which there are a significant proportion of:
Teacher vacancies; and
Teachers teaching in a grade level or content area other than the grade level or content area in which they are certificated; and
Grade levels and content areas in which there are a significant proportion of:
Teacher vacancies; and
Teachers teaching in a grade level or content area other than the grade level or content area in which they are certificated.
The Office shall annually select eligible students and offer a scholarship to each student selected to be used at an eligible institution of their choice.
Subject to paragraph (2) of this subsection, a recipient of the Teaching Fellows for Maryland scholarship shall:
Except as provided in subsection (c) of this section, be accepted for admission or currently enrolled at an eligible institution as a full–time or part–time undergraduate or graduate student pursuing a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate;
Continue to make satisfactory progress toward a degree and maintain the standards of the institution;
Sign a letter of intent to perform the service obligation upon completion of the recipient’s required studies;
Accept any other conditions attached to the award; and
Satisfy any additional criteria the Commission may establish.
Notwithstanding paragraph (1) of this subsection, an individual who, at the time the individual is scheduled to matriculate at an eligible institution, will have been employed as a teaching assistant at a public school or public prekindergarten program in the State for at least 2 years:
May apply for a Teaching Fellows for Maryland scholarship under this subtitle; and
Is eligible to hold a Teaching Fellows for Maryland scholarship as a full–time or part–time undergraduate or graduate student.
A recipient of the Teaching Fellows for Maryland scholarship may be an individual who is enrolled or plans to enroll at an eligible institution as a full–time or part–time undergraduate or graduate student who:
Changes majors to pursue a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate; or
Seeks to change careers to pursue a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate.
In selecting awardees for a Teaching Fellows for Maryland scholarship, the Office shall give preference to applicants, including those applying under paragraph (2) of this subsection, who have been employed in a public school or a publicly funded prekindergarten program within the last 5 years.
A recipient of the Teaching Fellows for Maryland scholarship may not hold a Maryland professional teacher’s certificate.
Applicants who are secondary school students shall provide a high school transcript after completion of the first semester of their senior year.
Applicants who are currently enrolled in an eligible institution shall provide the most recent college transcript, or if not applicable, the applicant may submit a final high school transcript.
Applicants who are not currently enrolled in an eligible institution, but who are high school graduates, shall provide a final high school transcript.
Applicants who are high school graduates and are not currently enrolled in an eligible institution, but have completed some courses at an eligible institution, shall provide the most recent college transcript.
Applicants who are not currently enrolled in an eligible institution, but who are college graduates, shall provide a final college transcript.
Except as provided in subsection (b) of this section, the recipient of a Teaching Fellows for Maryland scholarship shall repay the Commission the funds received as set forth in § 18–112 of this title if the recipient does not:
Satisfy the degree requirements of the eligible course of study or program or fulfill other requirements as provided in this subtitle;
Perform the service obligation to teach in a public school or a public prekindergarten program in a high–needs school, as identified by the Department, or in a grade level or content area in which there is a shortage of qualified educators, as identified by the Department, for a period of at least 2 years; and
Become professionally certified to teach in the State of Maryland within the time period specified by the Commission in consultation with the Department.
If a recipient is unable to perform the service obligation required under this subtitle because there are no available positions in a qualifying school, grade level, or content area, the recipient may work in any public school or public prekindergarten program in the State.
If a recipient performs the service obligation by teaching at a school, grade level, or content area previously identified as high–needs that is no longer identified as high–needs, the recipient may continue to teach in that school, grade level, or content area without being required to repay the funds received under this subtitle.
The Office shall forgive a recipient of a Teaching Fellows for Maryland scholarship for 2 years of an award if:
The recipient has taken the teacher certification examination, approved by the State Board of Education, in 2 consecutive years; and
The recipient fails to pass the teacher certification examination within the time period specified by the Commission in accordance with subsection (a)(3) of this section; or
The recipient provides to the Office satisfactory evidence of extenuating circumstances that prevent the recipient from becoming professionally certified to teach in the State.
The annual scholarship award shall be:
At a public senior higher education institution in the State that has a department, school, or college of education, 100% of the equivalent annual tuition, mandatory fees, and room and board of a resident undergraduate student or graduate student, as appropriate, at the public senior higher education institution; or
Subject to subsection (b) of this section, at a private nonprofit institution of higher education in the State that has a department, school, or college of education, an amount equal to:
The lesser of:
100% of the equivalent annual tuition and mandatory fees of a resident undergraduate student or graduate student, as appropriate, at the University of Maryland, College Park Campus; or
50% of the equivalent annual tuition and mandatory fees of a resident undergraduate or graduate student, as appropriate, at the eligible private nonprofit institution of higher education; and
100% of the room and board of a resident undergraduate student or graduate student, as appropriate, at the eligible private nonprofit institution of higher education in the State.
A private nonprofit institution of higher education shall provide a matching scholarship award in an amount equal to the award calculated in subsection (a)(2)(i) of this section.
Except as provided in subsection (b) of this section, each recipient of a Teaching Fellows for Maryland scholarship may renew the award three times if the recipient:
Continues to be a full–time or part–time undergraduate or graduate student at an eligible institution as determined by the Office; and
Continues to make satisfactory progress toward a degree and maintains the standards of the institution.
Each recipient of the Teaching Fellows for Maryland scholarship may renew the annual award four times if the recipient is enrolled in a course of study that, as determined by the institution, requires 5 years to complete.
A Teaching Fellows for Maryland scholarship may be used for tuition, mandatory fees, and room and board at any eligible institution.
If an eligible institution has enrolled at least 15 recipients of a Teaching Fellows for Maryland scholarship, the eligible institution shall develop and implement an enriched honors program of education that is responsive to exceptional dedication and merit–based accomplishment in the study of education and preparation for the teaching profession.
The Governor annually shall include in the annual budget bill an appropriation of at least the following amounts for the Commission to award scholarships under this subtitle:
For fiscal year 2022, $4,000,000;
For fiscal year 2023, $8,000,000;
For fiscal year 2024, $12,000,000; and
For fiscal year 2025 and each fiscal year thereafter, $18,000,000.
The Office, in collaboration with the Department, shall publicize the availability of Teaching Fellows for Maryland scholarships.
The Office shall focus on publicizing the availability of the Teaching Fellows for Maryland scholarships:
At historically Black colleges and universities in the State;
To teaching assistants and other educational support staff currently working in public schools and publicly funded prekindergarten programs; and
In a manner that promotes the program to students who are members of groups that are underrepresented in the teaching profession.
To the extent practicable, the Office shall award scholarships under this subtitle in a manner that reflects ethnic, gender, racial, and geographic diversity.
In this subtitle the following words have the meanings indicated.
“Eligible institution” means a public or private nonprofit institution of higher education in this State that possesses a certificate of approval from the Maryland Higher Education Commission.
“Regular undergraduate program” means an academic program of study in an institution of higher education at or below the baccalaureate level leading to either an associate’s degree or bachelor’s degree.
“Service obligation” means full-time employment within the State.
There is a program of Maryland HOPE Scholarships in this State that are awarded under this subtitle.
The Office shall publicize the availability of Maryland HOPE Scholarships.
Each recipient of a Maryland HOPE Scholarship shall:
Be accepted for admission in a regular undergraduate program at an eligible institution in the State;
Be a resident of the State;
Earn an overall grade point average of at least 3.0 on a 4.0 scale or its equivalent after completion of the first semester of the senior year;
Begin attending an eligible institution within 2 years of completing high school or, failing to do so, provide evidence satisfactory to the Office of extenuating circumstances;
Enroll as a full-time student at an eligible institution;
Have an annual total family income of $95,000 or below;
Accept any other conditions attached to the award; and
Satisfy any additional criteria the Maryland Higher Education Commission may establish.
The annual scholarship award shall be in the amount of $1,000 for a student enrolled at a 2-year eligible institution or $3,000 for a student enrolled in a 4-year eligible institution.
A student who transfers from a 2-year eligible institution to a 4-year eligible institution may receive an annual scholarship award in the amount of $3,000 once the student is enrolled at the 4-year eligible institution.
A Maryland HOPE Scholarship may be used at an eligible institution in the State.
Each recipient of a Maryland HOPE Scholarship may hold the award for 5 years if the recipient:
Continues to be a resident of the State;
Continues to be a full-time student at an eligible institution in the State and takes at least 12 semester hours of courses each semester or its equivalent as determined by the Office;
Upon completion of the freshman year, has achieved a cumulative grade point average of at least 3.0 on a 4.0 scale, and maintains this minimum cumulative grade point average throughout the remainder of the award, or failing to do so, provides evidence satisfactory to the Office of extenuating circumstances;
In the judgment of the institution, is making satisfactory progress toward a degree; and
Maintains the standards of the institution.
Each recipient of a Maryland HOPE Scholarship who is enrolled in an associate degree program as permitted in this subtitle may hold the award for 3 years if the same conditions of subsection (a) of this section are met.
Each recipient of a Maryland HOPE Scholarship who transfers from a 2-year eligible institution to a 4-year eligible institution may hold the award for a total of 5 years, including the years at both the 2-year eligible institution and the 4-year eligible institution, if the same conditions of subsection (a) of this section are met.
A recipient of an award made under this section shall receive the award for each year indicated in which the recipient is eligible if the recipient signs an agreement at the time of the initial award to:
Commence employment in the State within 1 year after completion of undergraduate studies for 1 year for each year that the scholarship was awarded; and
Repay the State the amounts awarded under this subtitle as set forth in § 18-112 of this title if the recipient does not:
Satisfy the degree requirements of the eligible institution or fulfill other requirements as provided in this subtitle; and
Perform the service obligation for 1 year for each year that the recipient has a scholarship awarded under this subtitle.
The service obligation begins after graduation and cannot be fulfilled prior to graduation from an eligible institution.
On or before May 1 of each year, the Office shall send each Senator and each Delegate a list of individuals in each legislative district to whom Maryland HOPE Scholarships are awarded.
A Maryland HOPE Scholarship may be used for tuition and mandatory fees at any eligible institution.
Funds for the Maryland HOPE Scholarship Program shall be as provided in the annual budget of the Maryland Higher Education Commission by the Governor.
The Maryland Higher Education Commission shall draft a plan to administer a Maryland HOPE Scholarship Program.
The Commission’s plan shall include:
A 3–year schedule, beginning July 1, 2000, for the progressive implementation of the Maryland HOPE Scholarship Award to all eligible students; and
A priority list of the applicable fields of study which focuses on such factors as:
Economic need of the State;
Employment shortage areas of the State; and
Training and education capacity of the higher education institutions in Maryland.
The priority list shall be created in consultation with the appropriate advisory boards of the Commission, the Department of Commerce, and representatives of higher education and private industry.
The Maryland Higher Education Commission shall submit the plan for the implementation of the Maryland HOPE Scholarship Program to the Governor and the Legislative Policy Committee of the General Assembly by October 30, 1999.
In this subtitle the following words have the meanings indicated.
“Higher education loan” means any loan for undergraduate or graduate study leading to practice as a dentist or dental hygienist that is obtained for tuition, educational expenses, or living expenses from:
A college or university, government, or commercial source; or
An organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
“Program” means the Maryland Dent–Care Program.
There is a program of higher education loan assistance grants to dentists and dental hygienists in the State, known as the Maryland Dent–Care Program.
The purpose of the Program is to increase access to oral health services for underserved Maryland Medical Assistance Program recipients by increasing the number of dentists and dental hygienists who treat that population.
The Office shall administer the Program with the assistance of the Maryland Department of Health, Office of Oral Health.
The Maryland Department of Health, Office of Oral Health shall:
Recruit dentists and dental hygienists to participate in the Program;
Determine if the private practice or clinical setting in which an applicant will practice is located near or readily accessible to underserved Maryland Medical Assistance Program recipients and if the applicant qualifies for the Program;
Determine if each dentist participant or, for each dental hygienist participant, each office in which the participant works meets the Program requirements and serves the required number of Maryland Medical Assistance Program recipients; and
Notify the Office of any findings made in accordance with the provisions of this subsection.
Each applicant for a Higher Education Loan Assistance Grant under this subtitle shall:
Be licensed to practice in Maryland by the State Board of Dental Examiners;
Demonstrate financial need;
Be employed full time or part time as a dentist or dental hygienist;
Agree that at least 30% of the patients treated by the dentist or in the practice in which the dental hygienist works each year for a 3–year period in a private practice or clinical setting will be Maryland Medical Assistance Program recipients; and
Meet any other criteria established by the Office.
The Office, on notification by the Maryland Department of Health, may award Higher Education Loan Assistance Grants.
The Office, in collaboration with the Maryland Department of Health, shall adopt regulations to determine:
The maximum number of participants in the Program each year;
The maximum number of total participants in the Program; and
Subject to subsection (c) of this section, the minimum and maximum amount of a Higher Education Loan Assistance Grant awarded under this subtitle.
On or after October 1, 2023, the amount of a Higher Education Loan Assistance Grant awarded under subsection (a) of this section:
Shall be at least $50,000 per year for 3 years for a dentist; and
May not exceed $10,000 per year for 2 years for a dental hygienist.
The Office, in collaboration with the Maryland Department of Health, shall periodically evaluate the minimum and maximum grant amounts determined under subsection (b)(3) of this section.
The Office, in collaboration with the Maryland Department of Health, shall establish prorated Higher Education Loan Assistance Grant amounts for part–time dentists and part–time dental hygienists.
Each recipient of a Higher Education Loan Assistance Grant under this subtitle may hold the grant for up to 3 years if the recipient:
Continues to be employed full time or part time as a dentist or dental hygienist; and
Continues to treat Maryland Medical Assistance Program recipients as at least 30% of all patients treated:
By the dentist in a private practice or clinical setting authorized under the Program; or
In the private practice or clinical setting in which the dental hygienist works.
The Office, in collaboration with the Maryland Department of Health, shall adopt regulations to carry out the provisions of this subtitle, including regulations on repayment of funds if the participant fails to comply with the requirements of the Program.
Funds for the Program shall be as provided in the State budget.
There is a 2+2 Transfer Scholarship Program in the State under which scholarships are awarded under this subtitle.
A 2+2 Transfer Scholarship awarded under this subtitle may be used only at a public senior higher education institution or a private nonprofit institution of higher education in the State.
To qualify for a 2+2 Transfer Scholarship, an applicant shall:
Be a resident of the State;
Be a student at a community college in the State;
Maintain a cumulative 2.5 grade point average on a 4.0 scale while a student at a community college in the State;
Have earned an associate’s degree from a community college in the State by the end of the semester in which the applicant plans to transfer;
Be accepted for admission in a degree program at a public senior higher education institution or a private nonprofit institution of higher education in the State;
Intend to enroll in a public senior higher education institution or a private nonprofit institution of higher education in the State in order to complete a bachelor’s degree program;
On or after the fall semester of 2014, enroll as a full–time student in a public senior higher education institution or a private nonprofit institution of higher education in the State by the fall semester following completion of the associate’s degree;
In the case of an individual who is required to register with the Selective Service System, have complied with the registration requirement;
Have completed the federal Free Application for Federal Student Aid (FAFSA);
Have demonstrated financial need, defined by the Commission; and
Accept any other conditions or satisfy any additional criteria that the Commission or the Office may establish.
Except as provided in paragraph (2) of this subsection, the annual amount of the 2+2 Transfer Scholarship awarded under this subtitle shall be $1,000.
For a student who enrolls in a science, teaching, engineering, computer science, mathematics, or nursing program at a public senior higher education institution or a private nonprofit institution of higher education in the State, the annual amount of the 2+2 Transfer Scholarship awarded under this subtitle shall be $2,000.
A 2+2 Transfer Scholarship may be used for tuition and mandatory fees for 3 years of study, or six semesters of study, whichever is longer.
To retain a 2+2 Transfer Scholarship, the recipient shall:
Remain a resident of the State;
Continue to be enrolled as an undergraduate student in a degree program at a public senior higher education institution or a private nonprofit institution of higher education in the State;
Maintain a 2.5 grade point average on a 4.0 scale each academic year the individual is enrolled at a public senior higher education institution or a private nonprofit institution of higher education in the State or provide evidence satisfactory to the Office of extenuating circumstances; and
Maintain the standards of the eligible institution that the individual attends.
On or before July 1 of each year, the Office shall send to each member of the Maryland General Assembly a list of individuals in each legislative district to whom 2+2 Transfer Scholarships are awarded.
The Office shall publicize the availability of 2+2 Transfer Scholarships under this subtitle.
Funding for the Program shall be as provided in the State budget.
If the State budget does not include at least $2,000,000 for the 2+2 Transfer Scholarship Program in any fiscal year, funds shall be transferred from the Need–based Student Financial Assistance Fund, established under § 18–107 of this title, in an amount that provides a total of at least $2,000,000 to make awards under the 2+2 Transfer Scholarship Program each year.
In cooperation with the institutions of higher education in the State, the Commission shall establish and administer a Graduate and Professional Scholarship Program to provide financial assistance to full–time and part–time students in the fields of medicine, dentistry, law, pharmacy, nursing, social work, and veterinary medicine.
A recipient of a graduate and professional scholarship shall:
Be a resident of the State;
Demonstrate financial need according to criteria established by the Commission; and
Attend one of the following institutions:
The University of Maryland School of:
Medicine;
Dentistry;
Law;
Pharmacy; or
Social Work;
The University of Baltimore School of Law;
The Johns Hopkins University School of Medicine;
Virginia–Maryland Regional College of Veterinary Medicine;
The Meritus School of Osteopathic Medicine;
The University of Maryland Eastern Shore enrolled in one of the following degree programs:
Master of Medical Science in Physician Assistant Studies;
Doctor of Pharmacy;
Doctor of Physical Therapy; or
Doctor of Veterinary Medicine;
Any institution of higher education in the State offering a master’s degree in nursing;
Any institution of higher education in the State offering a master’s degree in social work; or
Any institution of higher education in the State offering a first professional degree in pharmacy.
A graduate and professional scholarship award for a single school year may not be less than $1,000 or more than $5,000.
A recipient may not receive an award for longer than 8 semesters.
The Commission shall allocate grants for the Program to the institutions of higher education specified in subsection (b)(3) of this section based on the proportion of State residents enrolled in eligible programs at each institution.
An institution of higher education that receives a grant under this section shall provide the Commission with an annual audit describing the disposition of the funds.
The Commission shall:
Establish guidelines for the awarding of graduate and professional scholarships by the institutions of higher education to the students; and
Adopt regulations necessary for the implementation of this section.
Funds for the Maryland Graduate and Professional Scholarship Program shall be as provided in the State budget.
In this subtitle the following words have the meanings indicated.
“Eligible individual” means an individual who is:
Enrolled in the first or second year at an institution of initial eligibility; and
Interested in pursuing a career in the teaching profession.
“Fund” means the Teacher Development and Retention Fund established under this subtitle.
“Institution of initial eligibility” means:
An institution of higher education in the State where at least 40% of the attendees receive federal Pell Grants; or
A community college established under Title 16 of this article.
“Program” means the Teacher Development and Retention Program established under this subtitle.
There is a Teacher Development and Retention Program.
The Teacher Development and Retention Program is a pilot program designed to incentivize a cohort of students to pursue a career in the teaching profession.
The purpose of the Program is to provide support to eligible individuals who ultimately pledge to fulfill a service obligation as a teacher employed full–time in a high–needs school, grade level, or content area in the State in which there is a shortage of teachers, as identified by the Department.
The Program shall provide financial support to eligible individuals interested in pursuing a career in the teaching profession, beginning by offering eligible individuals a one–time stipend for participation in an experiential learning opportunity in a classroom and concluding by placing those individuals in high–needs schools, grade levels, or content areas.
The Office shall establish eligibility criteria for the Program, including requirements for an applicant to:
Be enrolled in the first or second year at an institution of initial eligibility in an associate’s or a bachelor’s degree program; and
Before receiving an educator internship stipend under § 18–2703 of this subtitle, pledge to fulfill a service obligation as a teacher employed full–time in a high–needs school, grade level, or content area in which there is a shortage of teachers, as identified by the Department, for a minimum of 2 years.
The Office shall administer the Program and establish a process for eligible individuals to apply to the Program.
The Office shall develop a process for awarding stipends to individuals who meet the eligibility criteria for the Program.
The Office shall give preference to applicants who have been employed in a public school or a publicly funded prekindergarten program within the last 5 years.
In each school year from the 2024–2025 school year through the 2026–2027 school year, a recipient who is selected for support under the Program shall receive an initial stipend to support the recipient’s participation in an experiential learning opportunity in a public school or publicly funded prekindergarten classroom.
The experiential learning opportunity shall:
Occur within the first or second year of the recipient’s enrollment in an institution of initial eligibility; and
Contribute to the education of the students in the classroom in which the recipient participates.
The purpose of the initial stipend awarded under this subsection is to nurture in the recipient a passion for becoming a teacher.
If the institution of initial eligibility has a written agreement with a public partner school or publicly funded prekindergarten program for the establishment of a training practicum under § 6–120 of this article, then the recipient’s experiential learning opportunity shall be in a classroom within the partner school.
The Office shall determine the amount of the initial stipends awarded under this subsection.
In each school year from the 2027–2028 school year through the 2029–2030 school year, a Program recipient shall be eligible for an internship stipend if the Program recipient:
Is currently enrolled in a teacher preparation program at an institution of higher education in the State that, through its course of study leads to a Maryland professional teacher’s certificate;
Is currently engaged in an internship or a practicum providing direct experience working with students in a public school or publicly funded prekindergarten program as part of the recipient’s course of study;
Continues to make satisfactory progress toward a degree and maintain the standards of the institution; and
Pledges to fulfill a service obligation for 2 years as a teacher employed full–time in a high–needs school, grade level, or content area in which there is a shortage of teachers, as identified by the Department under paragraph (4) of this subsection.
A Program recipient who meets the requirements of paragraph (1) of this subsection shall receive an internship stipend of up to $20,000 for a 10–month educator internship.
If the recipient of an internship stipend does not fulfill the service obligation, the recipient shall repay the Commission the funds received under this subsection as set forth in § 18–112 of this title.
In order to ensure that Program recipients fulfill the service obligation, the Department shall submit to the Office a list of:
High–needs schools in which there are a significant proportion of:
Teacher vacancies; and
Teachers teaching in a grade level or content area other than the grade level or content area in which they are certificated; and
Grade levels and content areas in which there are a significant proportion of:
Teacher vacancies; and
Teachers teaching in a grade level or content area other than the grade level or content area in which they are certificated.
Funding for the Program shall be as provided in the State budget.
On or before July 1, 2029, the Commission shall conduct an evaluation of the effectiveness of the Program in attracting new teachers to the profession.
On or before January 1, 2030, the Commission shall report the results of the evaluation to the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
There is a Teacher Development and Retention Fund.
The purpose of the Fund is to provide support to eligible individuals who are interested in pursuing a career in the teaching profession and who ultimately pledge to fulfill a service obligation as a teacher employed full–time in a high–needs school, grade level, or content area in which there is a shortage of teachers.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund shall be used to administer the Program and provide support to recipients under the Program.
The Fund may be used for administrative expenses for the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
In this subtitle the following words have the meanings indicated.
“Collaborative” means an agreement outlining commitments of a partnership among:
At least one local school system;
At least one employee organization representing employees of a local school system in accordance with Title 6, Subtitle 4 or Subtitle 5 of this article; and
At least one institution of higher education in the State; or
An alternative partnership model formed in accordance with § 18–27A–04(e) or (f) of this subtitle.
“Noncertified education support professional” means a public school employee who is not:
A certificated employee designated as part of a bargaining unit under Title 6, Subtitle 4 of this article;
A managerial employee; or
A confidential employee.
“Program” means the Grow Your Own Educators Grant Program established under this subtitle.
“Provisional teacher” means an individual employed by a local school system through a provisional contract as a conditional teacher.
There is a Grow Your Own Educators Grant Program.
The purpose of the Program is to provide support to collaboratives that offer teacher licensure programs with on–the–job experiential learning for eligible individuals who:
Are interested in pursuing a career in the teaching profession;
Are employed by a local school system in the State as a school–based part–time or full–time employee; and
Ultimately pledge to fulfill a 3–year service obligation as a teacher employed full–time in a high–needs school, grade level, or content area in the local school system in which they are currently employed.
The Department shall administer the Program.
To be eligible for the Program, a teacher candidate applicant shall:
Be employed as a noncertified education support professional or provisional teacher by a participating local school system on the effective date of the Program in a school–based position;
Have a high school diploma or its equivalent; and
Commit to pursue a teacher licensure pathway approved by the Department.
A collaborative shall negotiate an agreement that meets the requirements of subsection (b) of this section.
A collaborative shall develop and submit to the Department:
A plan that includes:
Identification of the collaborative members, including the roles and responsibilities of each member;
School–based part–time or full–time positions that allow a teacher candidate to systematically develop teaching skills through experiential learning and ultimately demonstrate teaching competencies;
Identification of at least one content area in the local school system in which there is a shortage of teachers, as identified by the Department;
A mentor who is a regularly employed teacher in the local school system assigned for the entirety of the Program to a teacher candidate, consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements;
A systemic program of experiential learning that results in credits from the institution of higher education if credits are required for completion, including credits toward the practicum; and
The designation of a Program administrator from the local school system to assist teacher candidates, evaluate the effectiveness of the Program, and manage the administration associated with the Program;
An estimate, based on appropriate data, of the number of projected participants to include in the Program; and
Evidence of a written billing agreement with an institution of higher education that includes:
The total cost to the collaborative for the cohort of teacher candidates;
Prorated tuition cost the collaborative shall pay the institution of higher education if a candidate does not complete the Program; and
A provision that no teacher candidate shall be required to pay tuition, books, or fees as part of the teacher candidate’s course of study.
A collaborative shall develop and submit to the Department:
An outreach plan to recruit teacher candidates and mentor teachers that:
Prioritizes candidates and mentor teachers with linguistic diversity and from racial and ethnic groups historically underrepresented in the teaching profession; and
Identifies a sustainability plan to continue recruiting, preparing, and mentoring teacher candidates after completion of the Program; and
Any other materials required by the Department.
Beginning July 1, 2025, the Department shall consult with a national nonprofit entity that has successfully guided other state education agencies or local education agencies that have increased the number of licensed teachers by:
Launching sustainable, cost–effective grow–your–own teacher preparation programs;
Implementing registered teacher apprenticeships; and
Implementing teacher residencies.
The entity selected under paragraph (1) of this subsection shall support the Department in the design, implementation, and evaluation of the Program, including the development of metrics for establishing high–quality teacher preparation and licensure programs that have the highest likelihood of aiding the State by:
Increasing the teacher workforce; and
Improving teacher retention and diversity.
The entity selected under paragraph (1) of this subsection may work directly with collaboratives to support the development and implementation of grow–your–own teacher preparation programs.
The Department shall award a grant to a local school system that is part of a collaborative for employees of the local school system to complete a pathway to teacher licensure under the agreement described in § 18–27A–03 of this subtitle.
The Department shall award a grant to a local school system for:
Tuition, books, and fees for teacher candidates;
Stipends for mentor teachers; and
Costs associated with the administration of the Program.
Grants shall be awarded on a competitive basis.
In awarding a grant, the Department shall prioritize collaboratives that partner with institutions of higher education offering to negotiate a lower tuition cost for teacher candidates.
The Department may award a grant to a collaborative formed between at least one local school system and one employee organization representing employees of a local school system in accordance with Title 6, Subtitle 4 or Subtitle 5 of this article, if the collaborative uses a program model that allows candidates to complete coursework that does not require enrollment in an institution of higher education.
This subsection applies only to collaboratives that implement a registered teacher apprenticeship program model under the Program.
In awarding a grant under this subsection, the Department shall prioritize collaboratives that:
Are composed of a group of more than one local school system and more than one employee organization representing employees of a local system in accordance with Title 6, Subtitle 4 or Subtitle 5 of this article; and
Implement a registered teacher apprenticeship program to be administered by the Department with a standardized curriculum that promotes on–the–job experiential learning to be leveraged across the State.
An institution of higher education in the State may provide related instruction for a registered teacher apprenticeship program under this subsection through a competitive bidding process.
A teacher candidate shall be paid a rate of pay and offered benefits that are at least equal to the rate of pay received by and benefits offered to a noncertified education support professional or provisional teacher of the equivalent classification and tenure in the local school system provided in the collective bargaining agreement.
This paragraph does not apply to a provisional teacher.
Except as provided in subparagraph (iii) of this paragraph, a teacher candidate may not serve as a teacher of record or a substitute teacher for any teacher other than the mentor teacher assigned to the teacher candidate.
A teacher candidate may serve as a daily substitute teacher if:
The teacher candidate does so in accordance with the collective bargaining agreement of the local school system;
The teacher candidate agrees to the assignment;
The teacher candidate’s mentor approves of the assignment; and
The principal of the school in which the teacher candidate is employed approves of the assignment.
A local school system may not reduce the compensation or benefits of a teacher candidate.
A local school system and an employee organization that represents the teacher candidates shall negotiate a gradual release model that allows teacher candidates to focus primarily on internship and practicum requirements, if applicable.
A teacher candidate shall perform a service obligation to teach full–time in the State in a public school or a public prekindergarten program in a content area in which there is a shortage of qualified educators, as identified by the Department for a minimum of 2 years.
The Governor may include in the annual budget bill an appropriation for the Program.
Each year, the Department shall collect:
Data on teacher candidate race, gender, and linguistic status;
Data on teacher candidate status and retention;
Spending by category;
A summary of teacher candidate recruitment methods; and
If applicable, the hiring status and retention data of Program graduates.
On or before July 1, 2026, and each July 1 thereafter, the Department shall report on the data collected under subsection (a) of this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.
In issuing reports under this section, the Department shall make reasonable efforts to anonymize the data to protect the privacy of teacher candidates.
In this subtitle the following words have the meanings indicated.
“Department” means the Department of Agriculture.
“Higher education loan” means a loan that is obtained for tuition, education expenses, or living expenses for undergraduate or graduate study leading to a degree in agriculture or an agriculture–related field, including farming.
“Program” means the Maryland Loan Assistance Repayment Program for Farmers.
There is a Maryland Loan Assistance Repayment Program for Farmers in the State.
The Office shall assist in the repayment of a higher education loan owed by a farmer who:
Has received an undergraduate or graduate degree in agriculture or an agriculture–related field from a public or private nonprofit institution of higher education located in the State;
Has been a farmer for at least 5 years but not more than 10 years since obtaining the degree;
Receives an income that is less than the maximum eligible total income levels established by the Office, in consultation with the Department, including any additional sources of income; and
Satisfies any other criteria established by the Office.
The Office, in consultation with the Department, shall adopt regulations to establish:
The maximum starting income for eligibility in the Program;
The maximum total income for eligibility in the Program, including any additional sources of income;
That priority for participation in the Program shall be given to a farmer who:
Graduated from an institution of higher education in the State in the last 10 years;
Is employed as a farmer on a full–time basis; and
As determined by the Department in consultation with the Department of the Environment, uses sustainable agricultural techniques and demonstrates environmental stewardship;
A limit on the total amount of assistance provided by the Office in repaying the higher education loan of a farmer, based on the farmer’s total income and outstanding higher education loan balance;
A procedure and schedule for the payment of the amount of loan assistance provided by the Office to the farmer; and
An annual review of the eligibility of each farmer participating in the Program.
Funds for the Program shall be provided on an annual basis in the State budget.
As part of the annual report required under § 18–1505 of this title, the Office shall include information regarding implementation of the Program, including:
The amount of money allocated for the Program;
The number of awards made and amounts of the awards; and
The number of applicants denied an award.
In this section the following words have the meanings indicated.
“Eligible institution” means a public or private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission.
“First–generation student” means a student whose parents have not earned a degree from an institution of higher education.
“Fund” means the Maryland First Scholarship Fund.
“Scholarship” means the Maryland First Scholarship.
There is a Maryland First Scholarship.
An individual may apply to the Office for the scholarship if the individual:
Is a resident of the State;
Is accepted for admission or enrolled in the regular undergraduate program at an eligible institution; or
Is accepted for admission or enrolled in a 2–year terminal certificate program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution;
Except as provided in item (ii) of this paragraph, attained a cumulative grade point average of at least 3.0 on a 4.0 scale or its equivalent at the end of the first semester of the senior year of high school; or
Has completed 40 hours of verifiable community service in the year before applying for the scholarship if the individual graduated from high school more than 4 years prior to enrolling in an eligible institution;
Demonstrates financial need;
Is a first–generation student; and
Meets any other criteria established by the Office.
In addition to providing any other information the Office requires, each applicant shall describe the types of community service completed during high school or in the year before applying for the scholarship.
A scholarship awarded under this section:
May be used for the tuition and mandatory fees and room and board for on–campus housing at any eligible institution; and
May be in an annual amount up to:
50% of the tuition and mandatory fees charged to the recipient if the recipient is enrolled as an undergraduate student at a 4–year public eligible institution;
75% of the tuition and mandatory fees charged to the recipient if the recipient is enrolled at a 2–year public eligible institution;
50% of the annual average tuition and mandatory fees of a resident undergraduate student at the 4–year public institutions of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, if the recipient is enrolled at a 4–year private nonprofit eligible institution; or
75% of the annual average out–of–county tuition and mandatory fees of a student at the 2–year public institutions if the recipient is enrolled in a 2–year terminal certificate program under subsection (c)(2)(ii) of this section.
Each scholarship recipient shall maintain a grade point average of at least 3.0 on a 4.0 scale to be determined at the end of the academic year during which the recipient held the award and before the recipient’s reenrollment for the next academic year.
Subject to subsection (f) of this section, each scholarship recipient may hold the award for:
5 years of full–time study or 8 years of part–time study at a 4–year eligible institution; or
3 years of full–time study or 4 years of part–time study at a 2–year eligible institution.
A scholarship applicant or recipient shall file for federal and State financial aid by March 1 of each year.
There is a Maryland First Scholarship Fund in the Commission.
The purpose of the Fund is to provide money for scholarship awards under this section and for administrative expenses incurred by the Commission in making scholarship awards under this section.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately and shall invest the money in the Fund in the same manner as other State money may be invested.
Any investment earnings of the Fund shall be credited to the Fund.
The Comptroller shall account for the Fund.
The Commission:
May accept any gift or grant from any person for the Fund;
Shall use any gift or grant that it receives for a scholarship from the Fund; and
Shall deposit any gift or grant that it receives for the Fund with the State Treasurer.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Gifts or grants received by the Commission for the Fund;
Investment earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
Making scholarship awards under this section; and
Administrative expenses incurred by the Commission in making scholarship awards under this section.
Money provided to the Fund that is not awarded by the end of the fiscal year shall remain in the Fund.
At the end of the fiscal year, the Commission shall prepare an annual report of the Fund that includes an accounting of all financial receipts and expenditures to and from the Fund.
The Commission shall submit a copy of the report to the General Assembly in accordance with § 2–1257 of the State Government Article.
The Governor annually shall include funds in the State budget to be used to implement this section.
In this subtitle the following words have the meanings indicated.
“Program” means the Maryland Technology Internship Program.
“Technology–based business” means a commercial or industrial enterprise, or a nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, that is engaged in the application of scientific knowledge to practical purposes in a particular field.
“UMBC” means the University of Maryland Baltimore County.
There is a Maryland Technology Internship Program.
The purposes of the Program are to:
Connect college and university students, recent graduates, and veterans with small innovative businesses in the high–growth technology sector through internships;
Encourage high–achieving students at institutions of higher education in the State to remain in the State after graduation;
Increase student understanding of employment opportunities in the State;
Create connections between students and community business leaders and entrepreneurs and develop opportunities for student involvement in communities;
Assist small technology–based businesses in developing internship programs and recruiting future employees; and
Foster business retention and development, job creation, workforce development, and new investment in the State.
UMBC shall administer the Program.
To carry out the purposes of the Program, UMBC, in collaboration with the Department of Commerce, shall:
Utilize an Internet site through which:
Students may learn about technology–based businesses, technology–based positions in units of State and local governments, and internship opportunities;
Technology–based businesses may register, post information about internship opportunities, and apply for reimbursement of internship stipends as provided under this subtitle; and
Units of State and local governments may register, post information about technology–based internship opportunities, and apply for reimbursement of internship stipends as provided under this subtitle;
Develop application and registration requirements;
Develop orientation and training programs for participants in the Program;
Review applications and award reimbursements of internship stipends under this subtitle;
Provide opportunities for students to meet entrepreneurs, visit technology–related industry incubators, and learn about starting a business in the State;
Provide recruitment and training opportunities and support for participating businesses and units of State and local government; and
Track and assess Program outcomes.
To qualify for participation in the Program, an individual shall:
Be a student enrolled at a public or private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission; and
Maintain a cumulative 2.5 grade point average on a 4.0 scale each academic year;
Within 12 months before the date of application for the Program, have graduated from a public or private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission; and
Have maintained a cumulative 2.5 grade point average on a 4.0 scale during the latest academic year the individual was enrolled as a student;
Be a student enrolled at a public or private nonprofit institution of higher education outside the State, if the student graduated from a high school in the State; and
Maintain a cumulative 2.5 grade point average on a 4.0 scale each academic year; or
Have been honorably discharged from the uniformed services or a reserve component within 18 months of the date of application;
Be a resident of Maryland; and
Have graduated from a public or private nonprofit institution of higher education;
Commit to working a minimum of 120 hours during a spring, fall, or summer semester;
Attend an orientation session provided or approved by UMBC; and
Meet any other criteria established by UMBC.
To qualify for participation in the Program, a business shall:
Be located in the State;
Be a technology–based business;
Commit to hosting an intern for a minimum of 120 hours during a spring, fall, or summer semester;
Provide a detailed description of an intern position with the business; and
Provide proof that a representative has attended an orientation or training program provided or approved by UMBC.
To qualify for participation in the Program, a unit of State or local government shall:
Commit to hosting an intern for a minimum of 120 hours during a spring, fall, or summer semester;
Provide a detailed description of a technology–based intern position with the unit; and
Provide proof that a representative has attended an orientation or training program provided or approved by UMBC.
UMBC shall develop a process for tracking and assessing the outcomes of the Program, including:
The total number of individuals, businesses, and units of State and local governments participating in the Program;
The locations and sizes of participating businesses and units of State and local governments;
The number of participating students remaining in the State after graduation;
The number of employee hires resulting from internships;
The effect of the Program on student understanding of opportunities for entrepreneurs and small businesses in the State;
Student skill growth resulting from internship experiences;
Business growth or improvement resulting from internships; and
The effect of the Program on relationships between businesses and institutions of higher education in the State.
UMBC shall obtain feedback from Program participants:
At the conclusion of any orientation or training program;
At the conclusion of each internship; and
At the following intervals after the conclusion of each internship:
3 months;
6 months;
1 year;
2 years; and
3 years.
Subject to subsections (b) and (c) of this section, money awarded under this subtitle:
May be used to reimburse a technology–based business or a unit of State or local government up to 50% of a stipend paid to an intern, but not more than:
$1,800 for the first semester; and
$1,200 for the second semester; and
May total not more than $3,000 each year for each intern.
The maximum reimbursement amounts established in subsection (a) of this section may be increased in accordance with changes in employment market conditions as jointly determined by UMBC and the Department of Commerce.
At least 50% of the internships supported by the Program each year shall be with businesses that have not more than 150 employees.
The Governor annually shall include funds in the State budget for:
The reimbursement of internship stipends under this subtitle; and
UMBC to administer the Program.
In accordance with this subtitle, Montgomery County is authorized to create a body corporate and politic to be known as the Montgomery County Student Loan Refinancing Authority.
The purpose of the Authority is to provide a system of financial assistance consisting of affordable grants, loans, and other aids to enable Montgomery County residents, graduates of the county public school system, individuals employed by the county government or public school system, and other individuals as determined by the Authority, to obtain a postsecondary education.
Before Montgomery County may establish the Montgomery County Student Loan Refinancing Authority, the county shall:
Study aspects of implementing the Authority in accordance with State and county law, including:
Performing a feasibility and demand study;
Assessing the potential benefit to recruitment and retention of county and school system employees; and
Studying the operation of similar programs in other systems, including operating costs;
Hold public hearings; and
Provide an opportunity for public comment.
If Montgomery County decides to establish the Authority as authorized in § 18–3101 of this subtitle, the county’s governing body must pass an ordinance that creates the Authority in accordance with this subtitle.
If Montgomery County establishes the Montgomery County Student Loan Refinancing Authority, the Authority shall meet the requirements of this section.
The Montgomery County Student Loan Refinancing Authority shall be subject to:
The Montgomery County public ethics law; and
The Open Meetings Act under Title 3 of the General Provisions Article.
If the Montgomery County Student Loan Refinancing Authority is granted the power to issue bonds for the purpose of making loans to finance postsecondary education, any bonds issued by the Authority shall be obligations of the Authority only and not of Montgomery County or the State.
The provisions of the Montgomery County Charter do not apply to the Authority unless the governing body of Montgomery County expressly provides by law that a charter provision applies to the Authority.
In this subtitle the following words have the meanings indicated.
“Foster care recipient” means an individual who was placed in an out–of–home placement by a state’s or unit of a state government’s department of social services for 3 years or more.
“Higher education loan” means any loan for undergraduate or graduate study that is obtained for tuition, educational expenses, or living expenses from:
An institution of higher education, government, or commercial source; or
An organization, an institution, an association, a society, or a corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
“Program” means the Maryland Loan Assistance Repayment Program for Foster Care Recipients.
There is a Maryland Loan Assistance Repayment Program for Foster Care Recipients in the State.
The Office shall assist in the repayment of higher education loans owed by a foster care recipient who:
Is employed for a minimum of 20 hours per week by the State or a county or municipality of the State;
Received an undergraduate or a graduate degree from an institution of higher education in the State; and
Meets any other requirement established by the Office.
An applicant for assistance in the repayment of a commercial loan shall demonstrate to the Office that the commercial loan was used for tuition, educational expenses, or living expenses for undergraduate or graduate study.
Assistance in the repayment of a loan from an entity set forth in § 18–1601(c)(2) of this title shall require the approval of the Office.
Subject to the availability of funds appropriated under subsection (b) of this section, the award amount under the Program shall be equal to the lesser of:
$5,000; or
10% of the eligible individual’s total higher education loan debt for each year the individual qualifies for the Program.
The Governor annually shall include an appropriation of $100,000 in the State budget for the Commission to disburse assistance under this subtitle.
Each recipient of an award under the Program may hold the award for 3 years if the recipient:
Continues to meet the qualifications specified under § 18–3202 of this subtitle; and
Signs an agreement at the time of the award to remain employed by the State or a county or municipality of the State for at least 1 year after the expiration of the term of the award.
Each award under the Program shall be renewable on the expiration of the term of the award.
An award under the Program shall be used only for repayment of the higher education loans owed by the recipient.
The Office shall adopt regulations to implement the provisions of this subtitle.
The Department of Budget and Management shall provide to State employees information about the Program.
The local governing body of each county and municipality of the State shall provide their employees with information about the Program.
In this subtitle the following words have the meanings indicated.
“Eligible student” means a student who is a Maryland resident, or has graduated from a Maryland high school, and:
Is enrolled in a Workforce Development Sequence at a public community college in the State; or
Is enrolled directly in a registered apprenticeship program that partners with a public community college in the State.
“Workforce Development Sequence” means:
A program offered by a community college that is approved by the Commission and is composed of courses that are related to:
Job preparation or an apprenticeship;
Licensure or certification; or
Job skill enhancement; or
A registered apprenticeship program approved by the Division of Workforce Development and Adult Learning in the Maryland Department of Labor.
“Workforce Development Sequence” does not include a sequence of courses leading to an associate’s or bachelor’s degree.
“Workforce Development Sequence Scholarship” means an award made to an eligible student under this subtitle.
There is a Workforce Development Sequence Scholarship administered by the Office.
An individual may apply to the Office for a scholarship under this section if the individual is an eligible student.
An eligible student who receives a Workforce Development Sequence Scholarship under this subtitle may use the award for tuition, mandatory fees, other associated costs of attendance, or costs to participate in a registered apprenticeship program.
The annual amount of a scholarship awarded to an eligible student may not exceed $2,000.
The Governor shall provide in the annual budget an appropriation of at least $1,000,000 to the Commission for the Workforce Development Sequence Scholarship.
On or before December 1 each year, the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
The number of students who received a Workforce Development Sequence Scholarship;
The amount of the award made to each recipient;
The community college that the recipient attended;
The workforce development sequence in which the recipient enrolled; and
The registered apprenticeship program in which the recipient participated.
In this subtitle the following words have the meanings indicated.
“Higher education loan” means any loan for undergraduate or graduate study that is obtained for tuition, educational expenses, or living expenses from:
A college or university, government, or commercial source; or
An organization, an institution, an association, a society, or a corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
“Program” means the Howard County Student Loan Assistance Repayment Program for Teachers.
In Howard County, the governing body of the county may establish a Student Loan Assistance Repayment Program for Teachers employed by the Howard County Public School System.
The purpose of the Program is to attract, recruit, and retain a diverse cadre of qualified teachers in the Howard County Public School System that is reflective of the student population within the county schools.
Subject to subsection (d) of this section, the county shall assist in the repayment of higher education loans owed by an individual who:
Receives a graduate, professional, or undergraduate degree from an accredited college or university;
Obtains employment as a full–time teacher in the Howard County Public School System;
Commits to teach in the Howard County Public School System for a period of not less than 5 years;
Receives an income that is less than the maximum eligible total income levels established by the county, including any additional sources of income;
Is not in default on any student loan; and
Satisfies any other criteria established under the Program by the county.
An applicant for assistance in the repayment of a commercial loan shall demonstrate to the county that the commercial loan was used for tuition, educational expenses, or living expenses for graduate or undergraduate study.
Loan assistance under the Program shall be in the amount and on the terms and conditions established by the county.
The Program shall be administered by the Howard County Public School System.
Funds for the Program shall be as provided on an annual basis in the county budget in an appropriation separate from the county’s appropriation to the operating budget of the Howard County Board of Education.
Funds for the Program may be used to cover administrative expenses of the Program.
In this subtitle the following words have the meanings indicated.
“Eligible institution” means a public or private nonprofit institution of higher education in the State that:
Possesses a certificate of approval from the Commission; or
Is approved under operation of law.
“Program” means the Cybersecurity Public Service Scholarship Program.
There is a scholarship program known as the Cybersecurity Public Service Scholarship Program in the State.
The purpose of the Program is to support students who are pursuing an education in programs that are directly relevant to cybersecurity.
The Office shall administer the Program.
An individual may apply to the Office for a scholarship under this subtitle if the individual:
Is eligible for in–State tuition;
Except as provided in subsection (f) of this section, is a student who:
Is enrolled full–time at an eligible institution in an approved degree or certificate program that is directly relevant to cybersecurity; and
Is within 3 years of graduation from the individual’s degree or certificate program;
Has maintained a cumulative grade point average of at least 3.0 on a 4.0 scale; and
Has not received a federal CyberCorps Scholarship for Service; or
Has applied for but has not received a federal CyberCorps Scholarship for Service.
A scholarship award under this subtitle may be used at any eligible institution to pay for education expenses as defined by the Office, including:
Tuition and mandatory fees; and
Room and board.
A scholarship recipient shall maintain a grade point average of at least 3.0 on a 4.0 scale.
Except as provided in subsection (f) of this section, each recipient of a scholarship under this subtitle may hold the award for 3 years of full–time study.
Beginning with the 2023–2024 Program application period, a part–time student may apply to the Office for a scholarship under this subtitle in accordance with regulations adopted by the Office.
Each recipient of a scholarship under this subtitle may hold the award for 6 years if the recipient:
Is a part–time student;
Continues to be eligible for in–State tuition under this article; and
Continues to be a student at the institution and takes at least 6 semester hours of courses each semester leading to a degree or certificate that is directly relevant to cybersecurity.
The Office shall determine an award amount that is appropriately prorated for the part–time status of the student.
On or before January 1, 2023, the Office shall adopt regulations to administer the Program for part–time students.
The Department shall provide information on the Program to high school students who participate in career and technology education programs related to cybersecurity.
Except as provided in paragraph (2) of this subsection, for 1 year for each year that the recipient receives a scholarship under this subtitle, a scholarship recipient shall:
Work in the State in the cybersecurity field for a:
Local education agency;
Public high school; or
Community college; or
Unit of:
State government;
County government; or
City or municipal government; or
Teach in the State in an education program that is directly relevant to cybersecurity in:
A public high school; or
A community college.
Subject to subparagraphs (ii) and (iii) of this paragraph, the Office shall adopt guidelines on or before January 1, 2023, establishing a work obligation, appropriately prorated, for a scholarship recipient who receives a scholarship as a part–time student.
The work obligation for a part–time student shall equal the amount of time needed for an equivalent full–time student to complete the certification.
The work obligation for a part–time student may not exceed 3 years.
In accordance with § 18–112 of this title, a scholarship recipient shall repay the Commission the funds received under this subtitle if the recipient does not:
Earn credit as a full–time student as defined in regulations adopted by the Office for the Program or as a part–time student as required in § 18–3503(f) of this subtitle;
Complete an approved degree or certificate program that is directly relevant to cybersecurity at an eligible institution; and
Perform the work obligation required under subsection (a) of this section.
Except as otherwise provided in this section, a recipient shall begin repayment at any time during the period that the recipient is no longer performing the work obligation required under subsection (a) of this section.
Except as otherwise provided in this section, repayment shall be made to the State within 6 years after the repayment period begins and shall follow a repayment schedule established by the Office.
The Office may waive or defer repayment in the event of disability or extended sickness that prevents the recipient from fulfilling the work obligation required under subsection (a) of this section.
Funds for the Program shall be as provided in the annual budget of the Commission by the Governor.
The Office shall adopt regulations to implement this subtitle.
The regulations adopted under subsection (a) of this section shall:
Identify the programs that meet the requirements of § 18–3503(b)(2) of this subtitle; and
Define the number of credits a scholarship recipient must earn as a student.
In this subtitle the following words have the meanings indicated.
“Annual adjusted gross income” means the total of the combined adjusted gross income of the applicant and the applicant’s parents, or the applicant and the applicant’s spouse if the applicant is married, as reported on the most recent federal or State income tax return.
“Award” means a scholarship award from the Maryland Community College Promise Scholarship.
“Community college” includes Baltimore City Community College.
“Local promise scholarship” means a community college scholarship program in effect on July 1, 2018, that provides a scholarship to any high school senior who is eligible for enrollment at the community college.
“Tuition” means the basic instructional charge for courses offered at a community college.
“Tuition” includes any fees for:
Registration;
Application;
Administration;
Laboratory work; and
Other mandatory fees.
“Tuition” does not include:
Costs associated with the parts of a registered apprenticeship that take place at a location that is not a community college; or
Any fees for room and board that are related to an on–campus residential facility for students.
There is a program of Maryland Community College Promise Scholarships in the State that are awarded under this subtitle.
The purpose of the program is to provide tuition assistance for students to attend a community college in the State.
The Office and each community college shall publicize the availability of Maryland Community College Promise Scholarships.
The Office shall allocate Maryland Community College Promise Scholarship funding to each community college in the State based on the proportion of Pell–eligible students at each community college for each community college to award Maryland Community College Promise Scholarship awards to students.
If a community college does not award all funding allocated to the community college under paragraph (1) of this subsection, the community college shall distribute the remaining funding to other community colleges to make Maryland Community College Promise Scholarship awards to students in the award year.
Subject to subparagraph (ii) of this paragraph, a student may apply annually to a Maryland community college located in the county or, in the case of a regional community college, in the region where the applicant lives to receive a Maryland Community College Promise Scholarship award.
If the community college located in the county or region where the applicant lives does not offer the degree or certification program in which the applicant wants to enroll, the student may apply to the community college outside the county or, in the case of a regional community college, outside the region where the applicant lives to receive a Maryland Community College Promise Scholarship award.
A community college annually shall select eligible applicants and offer a Maryland Community College Promise Scholarship award to each selected applicant to be used for tuition at the community college.
An applicant is eligible for a Maryland Community College Promise Scholarship award if the applicant:
Is eligible for in–State tuition;
Enrolls at:
The community college located in the county where the applicant lives;
The regional community college located in the region where the applicant lives; or
A community college in the State that has an on–campus residential facility for students; and
Enrolls as a candidate for a vocational certificate, a certificate, or an associate’s degree or participates in a registered apprenticeship after graduating from a high school or successfully completing a GED in the State; or
Enrolls as a candidate for a vocational certificate, a certificate, or an associate’s degree or participates in a registered apprenticeship after graduating from Delmar High School in Delmar, Delaware; and
Is a resident of Delmar, Maryland;
Except as provided in subsection (c)(3) and (4)(i) of this section, has earned a cumulative grade point average of:
For an initial award, at least 2.3 on a 4.0 scale or its equivalent at the end of the first semester or the end of the year of the senior year in high school; or
While enrolled at a community college in the State, at least 2.5 on a 4.0 scale or its equivalent;
Has an annual adjusted gross income of not more than:
$100,000 if the applicant is single or resides in a single–parent household; or
$150,000 if the applicant is married or resides in a two–parent household;
Enrolls in:
At least 6 credits per semester at the community college; or
A sequence of credit or noncredit courses that leads to licensure or certification; or
Participates in a registered apprenticeship program; and
Timely submits a Free Application for Federal Student Aid (FAFSA) or any other applications for any State or federal student financial aid, other than a student loan, for which the applicant may qualify; or
Is ineligible to submit a FAFSA, qualifies for in–State tuition under § 15–106.8 of this article, and timely submits an application for any State student financial aid, other than a student loan, for which the applicant may qualify.
An applicant who receives any other educational grants or scholarships that cover the applicant’s full cost of attendance at the community college is ineligible to receive an award under this subtitle.
An applicant who has earned a bachelor’s degree or an associate’s degree is ineligible to receive an award under this subtitle.
An applicant who graduated from high school 5 or more years before the date of application is not subject to the grade point average requirements established in subsection (b)(3)(i) of this section for an initial award.
An applicant who enrolls in a noncredit vocational certificate program, enrolls in a sequence of noncredit courses leading to licensure or certification, or participates in a registered apprenticeship program:
Is not subject to the grade point average requirements in subsection (b)(3) of this section; and
Is not subject to the requirements in subsection (b)(6) of this section, unless the applicant is enrolling in a noncredit program for which a federal Pell Grant may be used.
On request the community college shall assist an applicant to submit a FAFSA or any other applications for State or federal student financial aid.
A community college shall verify the eligibility of an applicant for a Maryland Community College Promise Scholarship award in accordance with this section.
A community college shall:
Verify that an applicant qualifies for a Maryland Community College Promise Scholarship award under the requirements of § 18–3603 of this subtitle;
Evaluate the applicant’s income eligibility using federal standards for verification and in accordance with income eligibility criteria established by the Office;
Maintain records used by the community college to determine the eligibility of applicants for not less than a period of 5 years after the end date of the award year associated with the student’s last award; and
Provide the Commission with an audit, in accordance with rules adopted by the Commission, to show that awards verified and administered under this section have been made properly.
A verification obtained by an applicant under paragraph (1)(i) of this subsection may be used at another community college.
The Office shall review the audit provided to the Commission under subsection (b)(1)(iv) of this section not less than once every 3 years to verify that recipients met the eligibility requirements for an award.
If the Office determines that a community college made an incorrect award to an ineligible student, the community college shall remit to the Commission the total amount of the award made in error.
The Commission shall pay all amounts received under subparagraph (i) of this paragraph to the Need–based Student Financial Assistance Fund under § 18–107 of this title.
The community college may not require a student to repay the community college for an incorrect award made from the Maryland Community College Promise Scholarship.
Beginning in the 2019–2020 academic year, the annual scholarship award shall be not more than $5,000 per recipient, or actual tuition, whichever is less.
Except as provided in paragraph (3) of this subsection, any State or federal student financial aid, other than a student loan, received by the recipient shall be credited to the recipient’s tuition before the calculation of any award amount provided under this subtitle.
Initial scholarship awards shall be provided to recipients based on greatest demonstrated financial need.
Priority for scholarship awards in subsequent years shall be given to:
Prior year recipients who remain eligible for the program;
All eligible students who are enrolled in at least 12 credits per semester, or enrolled in a sequence of credit or noncredit courses that lead to licensure or certification; and
If any funds remain to be allocated, students enrolled in at least 6 credits per semester.
Notwithstanding § 18–3603(b) of this subtitle, an eligible recipient who does not receive an award under this subparagraph due to insufficient funding of the program remains eligible for the program the following academic year.
Eligible applicants who do not receive an award under this subtitle shall be notified and placed on a waiting list.
If a recipient is eligible for a local promise scholarship, an award provided under this subtitle shall be credited to the recipient’s tuition before the award of the local promise scholarship.
Subject to paragraphs (2) and (3) of this subsection, each recipient may hold the award until the earlier of:
3 years after first enrolling:
As a candidate for a noncredit vocational certificate;
In a sequence of credit or noncredit courses leading to licensure or certification;
In credit or noncredit courses that are required for participation in a registered apprenticeship program;
As a candidate for a certificate; or
As a full–time candidate for an associate’s degree at a community college in the State;
6 years after first enrolling as a part–time candidate for an associate’s degree at a community college in the State; or
The date that the individual is awarded an associate’s degree.
A community college may extend the duration of an award for an allowable interruption of study if the recipient provides to the community college satisfactory evidence of extenuating circumstances that prevent the recipient from continuous enrollment.
Each recipient may hold the award in accordance with paragraph (1) of this subsection only if the recipient:
Continues to be eligible for in–State tuition;
Continues to enroll in and complete at least 6 credits per semester, or a sequence of credit or noncredit courses that leads to licensure or certification, or their equivalent, as determined by the community college; or
Continues to participate in a registered apprenticeship program;
Maintains a cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent for the requisite credit–bearing coursework for the remainder of the award or, failing to do so, provides to the community college satisfactory evidence of extenuating circumstances;
Makes satisfactory progress toward a vocational certificate, a certificate, or an associate’s degree;
Continues to meet the income limitations under § 18–3603(b)(4) of this subtitle; and
Continues to timely submit an application under § 18–3603(b)(6) of this subtitle.
Through fiscal year 2025, the Governor shall include an annual appropriation of at least $15,000,000 in the State budget for the Commission to disburse Maryland Community College Promise Scholarships under this subtitle.
For fiscal year 2026 and each fiscal year thereafter, the Governor shall include an annual appropriation of at least $13,500,000 in the State budget for the Commission to disburse Maryland Community College Promise Scholarships under this subtitle.
The Commission shall adopt regulations necessary to implement the provisions of this subtitle.
On or before December 1, 2020, and each December 1 thereafter, the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of the Maryland Community College Promise Scholarship program, including:
The number of applicants who received a Maryland Community College Promise Scholarship in the academic year disaggregated by the community college at which the scholarship was used;
The number of scholarship recipients enrolled in an associate’s degree program;
The number of scholarship recipients enrolled in a vocational certificate program;
The number of scholarship recipients enrolled in a certificate program;
The amount of the award made to each scholarship recipient;
The number of eligible applicants, if any, who were placed on a waiting list and the amount of demonstrated financial need, in the aggregate, of those applicants;
The number of scholarship recipients who earned an associate’s degree within 2, 3, or 4 years after receiving an award;
The number of scholarship recipients who earned a vocational certificate within 1, 2, or 3 years after receiving an award;
The number of scholarship recipients who transferred to a 4–year institution in the State;
The number of scholarship recipients who received a baccalaureate degree after transferring to a 4–year institution in the State; and
The outreach activities made by the Commission for the scholarship.
The Commission shall:
Contact each school counselor at each public high school in the State with information on the Maryland Community College Promise Scholarship, including the eligibility, availability, and deadlines for the scholarship; and
Post on the Commission’s website, in a readily accessible location, information on the Maryland Community College Promise Scholarship, including the eligibility, availability, and deadlines for the scholarship.
Each community college in the State shall post on the community college’s website, in a readily accessible location, information on the Maryland Community College Promise Scholarship, including the eligibility, availability, and deadlines for the scholarship.
In this subtitle the following words have the meanings indicated.
“Correctional officer” has the meaning stated in § 8–201 of the Correctional Services Article.
“Eligible employment” means to work as:
A police officer or correctional officer in the State for at least 2 years; or
A parole and probation agent, supervisor, or regional director in the State for at least 2 years.
“Higher education loan” means a loan that is obtained for tuition for undergraduate study.
“Police officer” has the meaning stated in § 3–201 of the Public Safety Article.
“Probation agent” means an individual serving as a parole and probation agent, supervisor, or regional administrator for the Department of Public Safety and Correctional Services.
“Program” means the Maryland Loan Assistance Repayment Program for Police Officers, Probation Agents, and Correctional Officers.
There is a Maryland Loan Assistance Repayment Program for Police Officers, Probation Agents, and Correctional Officers in the State.
The Office shall distribute funds from the Program to assist in the repayment of a higher education loan owed by a police officer, probation agent, or correctional officer who:
Receives a graduate, professional, or undergraduate degree from a public college or university in the State;
Obtains eligible employment; and
Satisfies any other criteria established by the Office.
The Office shall adopt regulations to carry out this subtitle.
The regulations shall include a limit on the total amount of assistance provided by the Office in repaying the loan of an eligible individual, based on the individual’s total income and outstanding higher education loan balance.
For fiscal year 2025, the Governor shall include in the annual budget bill an appropriation of at least $500,000 for the Program.
For fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 for the Program.
For fiscal year 2027 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $500,000 for the Program.
Subject to § 2–1257 of the State Government Article, the Office shall report to the General Assembly by January 1 each year on the implementation of the Program.
In this subtitle the following words have the meanings indicated.
“Correctional officer” has the meaning stated in § 8–201 of the Correctional Services Article.
“Eligible institution” means:
A public senior higher education institution in the State; or
A community college in the State.
“Police officer” has the meaning stated in § 3–201 of the Public Safety Article.
“Probation agent” means an individual serving as a parole and probation agent, supervisor, or regional administrator for the Department of Public Safety and Correctional Services.
“Service obligation” means to work as a police officer, probation agent, or correctional officer in the State not less than 5 years during the 8–year period after graduation.
There is a Maryland Police Officers, Probation Agents, and Correctional Officers Scholarship Program.
The purpose of the program is to provide tuition assistance for students who are:
Attending an eligible institution and enrolled in a degree or certificate program that would further the student’s intent to become a police officer, probation agent, or correctional officer after graduation; or
Employed as a police officer, probation agent, or correctional officer, attending an eligible institution, and enrolled in a degree or certificate program that would further the police officer’s, probation officer’s, or correctional officer’s career.
The Office shall publicize the availability of the Maryland Police Officers, Probation Agents, and Correctional Officers Scholarship.
Each year, the Office shall select eligible students and offer a scholarship to each student selected to be used at an eligible institution of the student’s choice.
A recipient of the Maryland Police Officers, Probation Agents, and Correctional Officers Scholarship shall:
Be a Maryland resident or have graduated from a Maryland high school;
Be accepted for admission or currently enrolled at an eligible institution as a full–time or part–time undergraduate or graduate student pursuing a course of study, program, or certificate that would further the recipient’s career;
Sign a letter of intent to perform the service obligation on completion of the recipient’s required studies; and
Satisfy any additional criteria the Commission may establish.
A current police officer, probation agent, or correctional officer shall be eligible for a Maryland Police Officers, Probation Agents, and Correctional Officers Scholarship if they meet the eligibility criteria under subsection (b) of this section.
The recipient of a Maryland Police Officers, Probation Agents, and Correctional Officers Scholarship shall repay the Commission the funds received as set forth in § 18–112 of this title if the recipient does not:
Satisfy the degree or certificate requirements of the eligible course of study or program or fulfill other requirements as provided in this subtitle; or
Perform the service obligation to work as a police officer, probation agent, or correctional officer for at least 5 years during the 8–year period after graduation.
The annual scholarship award shall be 50% of the equivalent annual tuition and mandatory fees of a resident undergraduate student at the eligible institution.
For fiscal year 2025, the Governor shall include in the annual budget bill an appropriation of at least $500,000 to the Commission to award scholarships under this subtitle.
For fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to the Commission to award scholarships under this subtitle.
For fiscal year 2027 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $500,000 to the Commission to award scholarships under this subtitle.
The Office shall:
Publicize the availability of Maryland Police Officers, Probation Agents, and Correctional Officers Scholarships; and
To the extent practicable, award scholarships under this subtitle in a manner that reflects ethnic, gender, racial, and geographic diversity.
In this subtitle the following words have the meanings indicated.
“Eligible county” means:
Baltimore City;
Baltimore County; or
Prince George’s County.
“Eligible institution” means a public higher education institution in the State.
“Scholarship” means the Pilot Program for Human Services Careers Scholarship established under this subtitle.
“Service obligation” means to work in a targeted position for a minimum period of time, as provided in subparagraph (ii) of this paragraph, during the 8–year period immediately following the awarding of a Scholarship.
The service obligation period shall be 15 months for each academic year that the Scholarship is awarded, regardless of the credit hours or semesters completed by the recipient during the academic year.
“Service obligation” includes work in a targeted position while a student is attending an eligible institution.
“Targeted positions” means the following positions in the Department of Human Services in an eligible county:
Child Support Specialist Series;
Family Investment Specialist Series;
Family Support Worker Series;
Family SVS Caseworker Series; and
Social Worker Series.
There is a Pilot Program for Human Services Careers Scholarship.
The purpose of the Scholarship is to provide tuition assistance to students who are enrolled in a program at an eligible institution that will enable the student to obtain a credential or degree that is necessary to work in or further a career in a targeted position in the Department of Human Services.
A Scholarship recipient shall:
Be a Maryland resident or a graduate of a Maryland high school;
Be accepted for admission or currently enrolled at an eligible institution in a program that will enable the recipient to obtain a credential or degree that is necessary to work in or further a career in a targeted position in the Department of Human Services;
Enter into a written agreement with the Commission, in the form and manner prescribed by the Office, to meet the conditions of the Scholarship under this subtitle;
Maintain a cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent; and
Satisfy any additional criteria established by the Office or the Department of Human Services.
The annual scholarship award shall be 100% of the equivalent annual tuition and mandatory fees at the eligible institution.
Each year the Office shall work with the Department of Human Services to award Scholarships to students to be used at an eligible institution.
The Office and the Department of Human Services shall publicize the availability of the Scholarship, including providing information on the Scholarship to every employee in a targeted position.
The Department of Human Services shall:
Identify and select eligible applicants; and
Determine the amount of Scholarship awards.
The Department of Human Services shall prioritize selecting applicants for a Scholarship who participated in the Pilot Program for Human Services Careers established under § 2–303 of the Human Services Article.
The Office shall:
Award Scholarships to applicants selected by the Department of Human Services in the amounts determined by the Department of Human Services; and
Provide oversight related to the service obligation of the Scholarship.
A Scholarship recipient shall repay the Office the funds received under this subtitle as set forth in § 18–112 of this title if the recipient does not:
Satisfy the degree requirements of the eligible course of study or program or fulfill other requirements as provided in this subtitle; or
Perform the service obligation after graduation.
The amount to be repaid for failure to perform the service obligation shall be:
Equal to the total amount of funds received; or
As determined by the Commission.
The Scholarship is nonrefundable.
The amount of the Scholarship shall be reduced if the total amount of scholarship funds and additional resources exceeds tuition and mandatory fees.
Funding for the Scholarship shall be as provided in the State budget.
In this subtitle the following words have the meanings indicated.
“Eligible recipient” means an individual who is:
Accepted for admission or enrolled in a regular undergraduate, graduate, or professional program at an institution of postsecondary education;
At least 16 years old; and
A surviving transportation worker;
A child, stepchild, spouse, or unmarried partner of a surviving transportation worker;
A surviving child, stepchild, spouse, or unmarried partner of a fallen transportation worker; or
If a fallen transportation worker does not have a surviving child, stepchild, spouse, or unmarried partner, a sibling of the fallen transportation worker; or
A child or stepchild of an unmarried partner.
“Fallen transportation worker” means an individual:
Whose occupation is in the construction, rehabilitation, or operation of a transportation facility or transportation facilities project in the State; and
Who died, on or after January 1, 2022, as a result of an accident occurring while the individual was performing any job duty necessary for the construction, maintenance, rehabilitation, or operation of a transportation facility or transportation facilities project in the State.
“Fund” means the Fallen and Surviving Transportation Workers Scholarship Fund.
“Program” means the Fallen and Surviving Transportation Workers Scholarship Program.
“Surviving transportation worker” means an individual:
Whose occupation is in the construction, rehabilitation, or operation of a transportation facility or transportation facilities project in the State; and
Who survived, on or after January 1, 2022, an accident:
Resulting in at least $100,000,000 in total damages to a transportation facility or transportation facilities project in the State; and
Occurring while the individual was performing any job duty necessary for the construction, maintenance, rehabilitation, or operation of a transportation facility or transportation facilities project in the State.
“Transportation facilities project” has the meaning stated in § 4–101 of the Transportation Article.
“Transportation facility” has the meaning stated in § 3–101 of the Transportation Article.
“Unmarried partner” means an individual who:
At the time of a fallen transportation worker’s death:
Was in a committed relationship with the fallen transportation worker;
Shared a primary residence with the fallen transportation worker; and
Was receiving and relied on, in whole or in part, the reasonable necessities of life from the fallen transportation worker; or
At the time of a surviving transportation worker’s accident:
Was in a committed relationship with the surviving transportation worker;
Shared a primary residence with the surviving transportation worker; and
Was receiving and relied on, in whole or in part, the reasonable necessities of life from the surviving transportation worker.
There is a Fallen and Surviving Transportation Workers Scholarship Program.
The purpose of the Program is to provide tuition assistance to a student who was impacted by an accident involving a fallen transportation worker or a surviving transportation worker.
An individual may apply to an eligible institution of postsecondary education for a scholarship under this subtitle if the individual is an eligible recipient of a scholarship under this subtitle.
A scholarship awarded under this subtitle:
May be used for the total cost of attendance at any institution of postsecondary education; and
May not:
Exceed the equivalent annual tuition and mandatory fees of an undergraduate student at the 4–year institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and the University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time undergraduate; and
Be less than the lesser of:
$3,000; or
The equivalent tuition and mandatory fees of the institution attended by the recipient of the scholarship.
Each institution of postsecondary education shall determine eligibility of individuals who apply to the institution for the Program.
Subject to the availability of funds, funds for the Program shall be allocated by the Commission to each institution of postsecondary education based on the number of eligible recipients attending each institution.
In February and October each year, beginning in 2024, each institution of postsecondary education shall report to the Commission the number of eligible recipients attending the institution.
The Commission shall allocate funds for awards to institutions of postsecondary education on verification of eligible recipients attending the institutions.
If funds cannot be allocated in the fiscal year in which awards are made, priority shall be given to allocating funds for those awards in the immediately following fiscal year.
Each recipient of a scholarship under this subtitle may hold the award for 5 years of full–time study or 8 years of part–time study.
To the extent practicable, the Department of Transportation, a local department of transportation, or a contractor that employed fallen transportation workers or surviving transportation workers shall provide to the Commission the names and contact information for the families of the fallen transportation workers or surviving transportation workers after any accident resulting in eligibility for a scholarship under this subtitle.
There is a Fallen and Surviving Transportation Workers Scholarship Fund.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted by the Commission for the benefit of the Fund.
The Fund may be used only to award scholarships under the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
The Commission:
May accept any gift or grant from any person for the Fund; and
Shall deposit any gift or grant that it receives for the Program with the State Treasurer.
Funding for the Program shall be as provided in the State budget.
In this subtitle the following words have the meanings indicated.
“Educator” includes a classroom teacher, an education support professional, an education–related service provider, and a specialist eligible for certification from the State Department of Education.
“Higher education loan” means any loan for undergraduate or graduate study that is obtained for tuition, educational expenses, or living expenses from:
A college or university, government, or commercial source; or
An organization, an institution, an association, a society, or a corporation that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code of 1986.
“Program” means the Anne Arundel County Student Loan Assistance Repayment Program for Educators.
In Anne Arundel County, the governing body of the county may establish a student loan assistance repayment program for educators employed by the Anne Arundel County Public School System.
The purpose of the Program is to attract, recruit, and retain a diverse cadre of qualified educators in the Anne Arundel County Public School System that is reflective of the student population within the county schools.
Subject to subsection (d) of this section, the county shall assist in the repayment of higher education loans owed by an individual who:
Receives a graduate, professional, or undergraduate degree from an accredited college or university;
Obtains employment as an educator in the Anne Arundel County Public School System;
Commits to serve in the Anne Arundel County Public School System for a period of not less than 5 years;
Receives an income that is less than the maximum eligible total income levels established by the county, including any additional sources of income the individual may earn;
Is not in default on any student loan; and
Satisfies any other criteria established under the Program by the county.
An applicant for assistance in the repayment of a commercial loan shall demonstrate to the county that the commercial loan was used for tuition, educational expenses, or living expenses for graduate or undergraduate study.
Loan assistance under the Program shall be in the amount and on the terms and conditions established by the county.
The Program shall be administered by the Anne Arundel County Public School System.
Funds for the Program shall be as provided on an annual basis in the county budget in an appropriation separate from the county’s appropriation to the operating budget of the Anne Arundel County Board of Education.
Funds for the Program may be used to cover administrative expenses of the Program.
In this subtitle the following words have the meanings indicated.
“PAREA” means the Practical Applications of Real Estate Appraisal.
“Program” means the Practical Applications of Real Estate Appraisal Grant Program.
There is a Practical Applications of Real Estate Appraisal Grant Program in the Commission.
The purpose of the Program is to:
Assist in closing appraisal gaps that occur in historically redlined neighborhoods and underrepresented communities;
Award grants to minorities who reside in historically redlined neighborhoods and underrepresented communities with the goal of pursuing PAREA; and
Diversify the appraisal field.
The Commission shall administer the Program.
In this title the following words have the meanings indicated.
“Academic facility” and “academic facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which are used primarily for the instruction of students of a system.
“Academic facility” and “academic facilities” also mean any facility or facilities related, required, useful, or incidental for the operation or activities of a system which are not auxiliary facilities.
“Academic fees” means tuition, student fees, and activity fees.
“Academic fees” does not include:
An appropriation of State funds; or
Any revenues from contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, or activity fees.
“Auxiliary facilities fees” means income, fees, rents, charges, and revenues arising from the use of any auxiliary facilities.
“Auxiliary facility” and “auxiliary facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which furnish a service to students, faculty, or staff at a system and which generate income, fees, rents, charges, and revenues arising from the use of the facility or facilities to support any project costs; such facilities shall include (but shall not be limited by type or class or otherwise to) housing facilities, eating facilities, recreational facilities, campus infirmaries, parking facilities, athletic facilities, student union or activity facilities, research facilities, laboratory facilities, testing facilities, and any related or incidental facility or any combination of such facilities.
“Board” means the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College.
“Bonds” means revenue bonds, certificates, notes, demand notes, commercial paper, or other evidences of indebtedness and shall also include bond anticipation notes.
“Capital lease” means any lease financing of real property which by generally accepted accounting principles is defined as a capital lease. For the purposes of this title, real property does not include fixtures.
“Costs” as applied to any project means all costs in respect of the project, including (without limitation):
The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, renovation, and operation;
The cost of acquisition of all land, rights-of-way, property rights, easements, and interests acquired by a system;
The cost of all machinery and equipment;
Financing charges and interest prior to and during construction and for 1 year after completion of construction;
The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project;
Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and
Administrative expenses, and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation.
“Project” or “projects” means the acquisition, construction, reconstruction, related demolition, equipment, maintenance, repair, renovation, financing, and refinancing of 1 or more auxiliary or academic facilities.
“Resolution” means a resolution adopted by a majority of the members of the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College.
“State” means the State of Maryland.
“System” means the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.
In order to provide auxiliary and academic facilities a system may:
Acquire, construct, reconstruct, equip, maintain, repair, renovate, and operate auxiliary and academic facilities at any of its campuses or locations, now existing or hereafter acquired;
Issue bonds for the purpose of financing or refinancing all or any part of the costs of any 1 or more projects of a system, including any project previously financed by a system or any predecessor; or
Issue bonds for the purpose of acquiring any auxiliary facility or academic facility previously financed through a capital lease with a system or any predecessor;
Establish 1 or more trust funds for the deposit of the proceeds of the bonds of any issue and retain the interest revenue or other investment income thereon to be applied to the costs of any project, but shall maintain separate accounts within any such trust funds for auxiliary facilities and for academic facilities;
Fix, revise, charge, and collect auxiliary facilities fees and academic fees and pledge all or any part of such auxiliary facilities fees and academic fees as security for bonds issued for auxiliary and academic facilities by a system;
Establish 1 or more trust funds for the deposit of any auxiliary facilities fees and academic fees which may be imposed pursuant to this title, and retain the interest revenue or other investment income thereon, for the purpose of acquiring, constructing, reconstructing, renovating, equipping, maintaining, repairing, and operating auxiliary and academic facilities;
Acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this title;
Enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this title, and employ consulting engineers, architects, attorneys, construction and financial experts, and other employees and agents as may be necessary, and fix their compensation;
Receive and accept from the United States of America or any agency thereof grants and loans for the purpose of financing or refinancing all or any part of the costs of any 1 or more projects, and receive and accept aid or contributions from any sources of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions were made; and
Do all acts and things necessary or convenient to carry out the powers expressly granted by the provisions of this title.
A system may not pledge all or any part of the revenues received from:
A State appropriation;
Contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, activity fees, or auxiliary facilities fees; or
Any other source not expressly authorized by the General Assembly.
The aggregate principal amount of bonds outstanding and the present value of capital lease payments, less the amount of any reserve fund or sinking fund requirement established for the bonds or capital leases, may not exceed, as of the date of issue of the bonds, the following:
$1,700,000,000 for the University System of Maryland;
$140,000,000 for Morgan State University;
$60,000,000 for St. Mary’s College of Maryland; and
$65,000,000 for Baltimore City Community College.
Bonds outstanding do not include:
Bonds previously issued by a system or any predecessor that are to be refunded, but only:
To the extent of any outstanding principal on the bonds that are being refunded; and
If an escrow or other similar arrangement has been made and held by the State Treasurer, a bank, or a trust company for the payment of such bonds, whether or not redeemed; or
Borrowings pursuant to § 12–105(c) of this article, except to the extent that such borrowings are subject to a financing agreement the term of which is for more than 5 years for the acquisition of the personal property.
A system may not issue bonds for the purpose of financing all or any part of the costs of any academic facility or facilities until the General Assembly has approved in an act the:
Project or projects for any academic facility or facilities; and
Maximum principal amount of bonds a system may issue in connection with such project or projects for any academic facility or facilities.
The General Assembly’s approval shall expressly authorize the project or projects for any academic facility or facilities and the maximum principal amount of bonds a system may issue in connection with such project or projects for the academic facility or facilities.
Without the approval of the General Assembly, a system may issue bonds to refinance all or any part of the costs of any project for any academic facility or facilities for which a system previously issued bonds under the authority of this section.
Any bonds issued under the requirements of this subsection shall mature at such times not exceeding the useful life of the project for which the bonds are issued, but not later than 33 years after their respective dates of issue, as may be determined by a system.
Any bonds issued in accordance with paragraph (3) of this subsection shall mature at such times as may be determined by a system, but not later than 33 years after the date of issue of the bonds that were originally issued for the academic facility or facilities authorized under the requirements of this subsection.
A system shall maintain records identifying the sources and amounts of payments used to support:
The auxiliary facilities; and
The academic facilities authorized under the requirements of this subtitle.
A system shall report:
By September 1 to the Board of Public Works and, subject to § 2–1257 of the State Government Article, to the Department of Legislative Services, the information for the prior fiscal year required under paragraph (1) of this subsection; and
By December 1, subject to § 2–1257 of the State Government Article, to the Department of Legislative Services, the anticipated sources and amounts of payments required for the next fiscal year for:
Auxiliary facilities; and
Academic facilities authorized under the requirements of this title.
A system may provide, by resolution, from time to time, for the issuance, in series, of its bonds for the purpose of:
Financing or refinancing all or any part of the costs of any 1 or more projects of a system, including any project previously financed by a system or any predecessor; or
Acquiring any auxiliary facility or academic facility previously financed through a capital lease with a system or any predecessor.
The principal of the premium, if any, and interest on bonds for the auxiliary and academic facilities shall be payable solely from: The auxiliary facilities fees of a system; the academic fees of a system; a State appropriation expressly authorized for that purpose; or the revenues from contracts, grants, or gifts received or to be received by a system. A system shall maintain separate accounts to identify the sources of payment of the bonds for the auxiliary facilities and for the academic facilities.
Any resolution shall describe the auxiliary and academic facility or facilities to be financed or refinanced by the bonds, the maximum principal amount of the bonds, the sources of payment of the bonds for any auxiliary facilities, and the sources of payment of the bonds for any academic facilities.
The resolution may also prescribe the other matters required or permitted to be determined by a system under this title or may provide that such matters may be prescribed in a trust agreement relating to the bonds that has been approved by such members of the Board as the resolution may prescribe.
The bonds of each issue shall be dated, shall bear interest at such rate or rates, and interest may be calculated in accordance with any method, as may be determined by a system.
The bonds of each issue for any auxiliary facilities shall mature at such time or times not exceeding the useful life of the project for which the bonds are issued, but in no event exceeding 33 years from their date or dates of issue, as may be determined by a system.
The bonds of each issue for any academic facilities shall mature at such times, not exceeding the useful life of the project, but not later than 21 years after their respective dates of issue, as may be determined by a system.
The bonds of each issue may be made redeemable before maturity at such price or prices and under such terms and conditions or in accordance with such method, as may be fixed by a system prior to the issuance of the bonds.
A system shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at any bank or trust company within or without the State.
The bonds shall bear the manual or facsimile signature of the chairman or one of the other members of the Board. The official seal of a system or a facsimile thereof shall be affixed to the bonds, attested by the manual or facsimile signature of the secretary or any assistant secretary of the Board. In case any officer whose manual or facsimile signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile thereof is valid and sufficient for all purposes as if the officer had remained in office until delivery.
All bonds issued under the provisions of this title shall have all the qualities and incidents of negotiable instruments under the laws of the State relating to negotiable instruments. The bonds may be issued in coupon, registered, or book entry form or any combination thereof. A system may sell bonds at a public or private (negotiated) sale for any price.
The proceeds of the bonds of each issue shall be used:
For the payment of the financing or refinancing of or reimbursement to a system of the costs of any project for which the bonds are issued;
For the acquisition of any auxiliary facility or academic facility previously financed through a capital lease with a system or any predecessor; or
For any combination thereof.
The proceeds of the bonds of each issue shall be disbursed under the terms and conditions of the resolution or trust agreement relating to such bonds. The resolution or trust agreement may provide for the issuance of additional bonds to finance or refinance any auxiliary facility or any academic facility that was authorized under the requirements of this title. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing them, the additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same sources without preference or priority of the bonds first issued.
Prior to the preparation of definitive bonds, a system, under like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds are executed and available for delivery. The resolution or trust agreement may provide for the replacement of any bonds mutilated, destroyed, or lost.
Bonds may be issued under the provisions of this title without obtaining the consent of any department, division, commission, board, bureau, or agency of the State, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are required specifically by provisions of this title. The provisions of Title 8, Subtitle 2 of the State Finance and Procurement Article do not apply to bonds issued under the provisions of this title.
Any bonds issued under the authority of this title do not create or constitute any indebtedness or obligation of the State or of any political subdivision thereof except a system, and the bonds shall so state on their face. The bonds do not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
Under the resolution or trust agreement, a system may pledge to the payment of the principal of and premium, if any, and interest on the bonds:
All or any part of a system’s auxiliary facilities fees and academic fees;
The proceeds of the bonds and investment earnings thereon; and
Reserves or other funds established for the bonds under the resolution or trust agreement or other money which may lawfully be applied to the payment of the bonds.
Prior to and during construction and for 1 year after completion of construction of any auxiliary or academic facilities for which bonds have been issued, the interest on the bonds may be paid out of the proceeds of the bonds or out of other money allocated for that purpose.
A system may provide, from time to time, for the issuance and sale of its bond anticipation notes in accordance with the procedures set forth in this title for the issuance of bonds. The principal of and premium, if any, and interest on the notes shall be payable out of the first proceeds of sale of any series of bonds issued under the provisions of this title or any other sources from which bonds issued hereunder could be paid.
Bond anticipation notes may be issued in series as funds are required and may be renewed or extended at maturity with or without resale. All such notes shall be sold and executed in the same manner as provided for bonds issued pursuant to this title.
Except where the provisions of this title would be inapplicable to bond anticipation notes, the term “bonds” used in this title shall include bond anticipation notes, including (without in any way limiting the foregoing) the provisions pertaining to the exemption from taxation by the State and its political subdivisions.
In connection with the issuance of any bonds, after consultation with the Treasurer a system may obtain, or enter into such agreements and contracts for, bond insurance, reserve fund insurance, a letter of credit, a line of credit, or any form of additional, substitute or replacement security for any bonds and a system may pledge or assign all or any part of its auxiliary facilities fees and academic fees to the repayment or reimbursement of the provider of such bond insurance, reserve fund insurance, letter of credit, line of credit, or other form of additional, substitute, or replacement security. Any such agreements and contracts may contain such covenants, terms, and conditions as may be contained in any trust agreement for any bonds.
Any bonds issued under the provisions of this title may be secured by a trust agreement between a system and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State.
Any trust agreement may pledge or assign all or any part of a system’s auxiliary facilities fees and academic fees.
Any trust agreement or any resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders reasonable and proper and not in violation of law, including covenants which shall include but not be limited to:
The duties of a system in relation to the acquisition of property, and the construction, improvement, maintenance, repair, operation, use, and insurance of any auxiliary facilities or any academic facilities authorized under the requirements of this title;
The duties of a system in relation to auxiliary facilities fees and academic fees;
The custody, safeguarding, and application of all money;
Provisions for the employment of independent consultants in connection with the construction or operation of the auxiliary facilities or any academic facilities authorized under the requirements of this title and requirements that a system follow the recommendation of such independent consultants; and
Provisions in the nature of rate covenants requiring the establishment and revision of auxiliary facilities fees and academic fees at certain levels or in accordance with procedures set forth therein or requiring the maintenance of expenses at certain levels or in accordance with procedures set forth therein.
Any bank or trust company incorporated under the laws of the State which acts as a depository of the proceeds of the bonds or revenues may furnish indemnifying bonds or pledge securities as required by a system.
Any trust agreement or any resolution providing for the issuance of bonds may provide the rights and remedies of bondholders and trustees, and may restrict the individual right of action by bondholders.
Any trust agreement or any resolution may contain other provisions a system deems reasonable and proper for the security of the bondholders, including, but not limited to, covenants to abandon, restrict, or prohibit the construction or operation of competing facilities and covenants pertaining to the issuance of additional parity bonds upon stated conditions.
The resolution providing for the issuance of bonds is a trust agreement if it so stipulates.
All expenses incurred in carrying out the provisions of any trust agreement or any resolution may be treated as a part of the cost of the operation of the auxiliary or academic facilities.
A system may contract for the use of or admission to all or any part of any auxiliary facility or any academic facility that was authorized under the requirements of this title with any person, partnership, association, corporation, entity, or agency and may fix the terms, conditions, fees, rents, and rates of charges for use or admission. Such fees, rents, and charges may not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State.
The resolution or trust agreement relating to any bonds may provide that the auxiliary facilities fees and academic fees that have been assigned or pledged as security for the bonds of a system, except the part necessary to pay the cost of maintaining, equipping, repairing, and operating the auxiliary facilities and to provide reserves as provided for in the resolution authorizing the issuance of the bonds or in the trust agreement securing them, shall be set aside at regular intervals in a sinking fund which is hereby pledged to, and charged with, the payment of:
The interest upon the bonds when due;
The principal of the bonds when due;
The necessary charges of paying agents for paying principal and interest; and
The redemption price or purchase price of bonds retired by call or purchase as provided in the resolution or trust agreement.
The pledge is valid and binding from the time when made.
Auxiliary facilities fees and academic fees so pledged and thereafter received by a system are immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge of auxiliary facilities fees and academic fees and the rights to receive the same is valid and binding against all parties having any claims of any kind in tort, contract, or otherwise against a system, irrespective of whether such parties have notice thereof.
Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded, pursuant to the Maryland Uniform Commercial Code or otherwise, except in the records of a system.
The use and disposition of money to the credit of the sinking fund or other funds or accounts established under the resolution or trust agreement are subject to the provisions of the resolution authorizing the issuance of the bonds or of the trust agreement.
Notwithstanding any provision of this section, a system may, by resolution passed prior to the issuance of bonds under the provisions of this title or in the trust agreement securing the bonds, covenant to pay all or any part of the cost of maintaining, equipping, repairing, and operating any auxiliary facilities or any academic facilities authorized under the requirements of this title. Each covenant has the force of contract between a system and the holders of the bonds issued on account of the project or projects.
All money received by a system as proceeds from the sale of bonds authorized by this title and all money received by a system by way of auxiliary facilities fees or academic fees which are assigned or pledged as security for the bonds shall be deemed to be trust funds to be held and applied as provided by the provisions of this title.
The exercise of the powers granted by the provisions of this title shall be for the benefit of the people of the State, for the increase of their education and prosperity, and for the improvement of their health, living conditions, and general welfare.
The operation and maintenance of auxiliary or academic facilities by a system constitutes the performance of essential governmental functions.
A system may not be required to pay any taxes or assessments upon any building or buildings or any property, real, personal, or mixed, acquired or used under the provisions of this title or upon the income therefrom.
Bonds issued under the provisions of this title, their transfer and income, including any profit made on their sale, are free from taxation by the State or by any of its political subdivisions, or by any town or incorporated municipality or any other public agency within the State.
A system may provide by resolution for the issuance of bonds for the purpose of refunding any bonds or refunding bonds then outstanding including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the bonds and any issuance costs of refunding bonds.
The provisions of this title govern:
The issuance of the refunding bonds;
Their maturities and other details;
The rights and remedies of the bondholder;
The security for the refunding bonds; and
The rights, duties, and obligations of a system.
Bonds issued under the provisions of this title are securities in which all of the following may legally and properly invest funds, including capital in their control or belonging to them:
Public officers and public agencies of the State and its political subdivisions;
Banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business;
Insurance companies and insurance associations and others carrying on an insurance business;
Administrators, executors, guardians, trustees, and other fiduciaries; and
All other persons.
The bonds are securities which may properly and legally be deposited with and received by any State or municipal office or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or hereafter authorized by law.
The title to any property acquired or constructed under the provisions of this title shall be in the State of Maryland for the use of a system.
The State consents to the use of any lands owned by it for the use of a system which may be suitable and necessary for the construction or operation of any of the buildings and facilities authorized by the provisions of this title and covenants that it will not revoke this consent during the term of bonds secured by auxiliary facilities fees or academic fees or facilities constructed thereon.
The provisions of this title, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.
The provisions of this title are severable, and if any of such provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
This title may be referred to as the Auxiliary and Academic Facilities Bond Authority.
There is a Maryland College Savings Bond Advisory Board.
The purpose of the Board is to advise the Board of Public Works on the issuance of college savings bonds authorized under § 8–123.3 of the State Finance and Procurement Article.
The Board shall consist of the following four members:
The State Treasurer;
The Secretary of Higher Education; and
Two members appointed by the Governor.
Factors to be considered in appointing members to the Board may include:
Experience, skill, or knowledge in the areas of public finance and investment banking; or
Experience in the field of higher education finance.
The Treasurer shall serve as chair of the Advisory Board.
The Maryland College Savings Bond Advisory Board shall make recommendations to:
The Board of Public Works regarding the need for Maryland capital appreciation general obligation bonds to help citizens save for the costs of college; and
In accordance with § 2–1257 of the State Government Article, the Governor and General Assembly on the establishment of an incentive program to encourage citizens to purchase capital appreciation general obligation bonds to finance the education of individuals at accredited institutions of postsecondary education in the State.
In the event of a negotiated sale, the Maryland College Savings Bond Advisory Board shall advise the Board of Public Works regarding:
Public relations and advertising needs;
Bond issuance information, including:
The increments in which to market the bonds;
The recommended maturity dates of the bonds;
The dollar limit that may be imposed on individual household purchases of college savings bonds; and
The minimum denominations in which the college savings bonds may be marketed.
Each appointed member serves for a term of 3 years and until a successor is appointed.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Each member of the Advisory Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
There is a county advisory council on career and technology education in each county.
The county board shall determine the number of members on the council.
The councils may include educators and administrators in the field of education as ex officio, nonvoting members of the councils.
The county board of education shall appoint the council in any county that does not have an institution of postsecondary education that receives federal support for career and technology education programs.
In any other county, the county school board and the governing bodies of the institutions of postsecondary education that receive federal support for a career and technology education program shall agree on the procedure for appointment of the council.
The members of the council shall be members of the general public, especially representatives of:
Business;
Industry;
Organized labor;
Each sex;
Racial and ethnic minorities; and
The geographic regions of the county.
Each county advisory council shall advise the county board of education and each institution of postsecondary education in the county that receives federal support for a career and technology education program on:
The distribution of career and technology education funds;
County career and technology education program accountability reports;
County job needs; and
The adequacy of career and technology education programs being offered.
In this subtitle the following words have the meanings indicated.
“CTE” means Career and Technical Education.
“CTE” includes a high school level and postsecondary registered apprenticeship program approved by the Division of Workforce Development and Adult Learning within the Maryland Department of Labor.
“CTE Committee” means the Career and Technical Education Committee established under § 21–207 of this subtitle.
“Federal acts” means:
The Smith–Hughes Act;
The George–Barden Act;
The Carl D. Perkins Career and Technical Education Act;
The Vocational Education Act of 1963;
Any other career and technology education act of the United States Congress; and
Any amendments to any of these acts.
The State of Maryland assents to the federal acts.
The State Treasurer shall:
Be the custodian of any money received under the federal acts; and
Disburse this money in accordance with the federal acts.
The State Board of Education shall:
Cooperate with the appropriate federal agencies in administering the federal acts;
Do anything necessary to secure the benefits of the federal acts;
Facilitate the transfer of federal funds to the appropriate operational entity including the Maryland Department of Labor; and
Represent this State in all matters relating to the administration of the federal acts.
The State Board of Education shall be the sole State agency responsible for the administration of the Carl D. Perkins Career and Technical Education Act.
On or before October 1, 2021, the State Board of Education shall request a waiver from the U.S. Department of Education to transfer to the CTE Committee responsibility for the administration of the Carl D. Perkins Career and Technical Education Act.
If the waiver in this paragraph is granted, the CTE Committee shall be responsible for the administration of the Carl D. Perkins Career and Technical Education Act.
The CTE Committee or the State Board of Education, as appropriate, shall include in the State plan required under the Carl D. Perkins Career and Technical Education Act goals and programs that are consistent with the Blueprint for Maryland’s Future, as defined in § 5–401 of this article, to the extent consistent with federal law.
Career and technical education programs in the public schools shall:
Offer a sequence of academic and occupational courses, career development, and work experience to prepare students to begin careers and to pursue lifelong learning; and
Integrate academic knowledge and occupational competence to enable students to develop the critical thinking, problem solving, employability, and technical skills required to meet the workforce preparation and economic development needs of the 21st century.
Beginning with the 2023–2024 school year, career and technical education programs shall be aligned with the requirements of this section and the system implemented by the CTE Committee established under § 21–207 of this subtitle.
Beginning in fiscal year 2024, the adoption of programs relating to, and the provision of, career and technical education by county boards, the State Board, and community colleges shall be consistent with the system implemented by the CTE Committee.
On or before June 1, 2024, the CTE Committee shall establish, for each school year between the 2023–2024 school year and the 2030–2031 school year, inclusive, statewide goals that reach 45% by the 2030–2031 school year, for the percentage of high school students who, prior to graduation, complete the high school level of a registered apprenticeship or another industry–recognized occupational credential.
To the extent practicable, the CTE Committee shall ensure that the largest number of students achieve the requirement of this subsection by completing a high school level of a registered apprenticeship program approved by the Division of Workforce Development and Adult Learning within the Maryland Department of Labor.
On or before December 1 each year, beginning in 2024, the CTE Committee shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, and the Accountability and Implementation Board on the progress, by high school, toward attaining the goals established by the CTE Committee in accordance with subsection (a) of this section.
In this section, “Grant” means the Career and Technical Education Innovation Grant.
There is a Career and Technical Education Innovation Grant.
The purpose of the Grant is to provide funds to develop and implement a CTE curriculum framework and pathway that is innovative and includes best practices that are used by the best CTE programs around the world.
The Department shall administer the Grant.
A county board or a community college may submit a proposal to the Department to receive a grant for a CTE pathway that is in furtherance of the purpose of the Grant.
To be eligible for a grant, an application shall identify a partnership with at least one county board, one community college, and one industry partner to develop an innovative CTE pathway that:
Is of high quality;
Is aligned with the skills needed by employers;
Will lead to an industry–recognized license or certificate;
Creates internship or apprenticeship opportunities; and
Prepares students to successfully compete in a global economy.
An application shall include:
A description of the proposed curriculum framework and pathway that is articulated between secondary and postsecondary education or training;
A business plan that includes the estimated total cost, including any one–time or capital equipping costs, of implementing the proposed curriculum framework and pathway; and
Any other information required by the Department.
The Department shall establish processes and procedures for accepting and evaluating applications.
The Department shall make awards in a timely fashion.
For each fiscal year through fiscal year 2024, the Governor shall annually appropriate at least $2,000,000 in the operating budget of the Department for the grant program.
The Department may retain up to 3% of the appropriation required under this subsection to hire staff necessary to administer the grant program.
On or before December 1 each year, the Maryland Longitudinal Data System Center and the Governor’s Workforce Development Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the available data for high school graduates for the 5–year period after graduation on:
Wages earned;
Hours worked per week; and
The industry in which the individuals are employed.
The Department, the Interagency Commission on School Construction, and the Maryland Stadium Authority shall collaborate with local school systems and community colleges to develop a career and technical education program or an apprenticeship pathway in school building maintenance that leads to an industry recognized certificate or credential.
In this section the following words have the meanings indicated.
“Regional counties” means Caroline County, Dorchester County, Kent County, Queen Anne’s County, and Talbot County.
“Regional CTE school” means a school or part of a school that provides career and technical education programs to public high school students in the regional counties.
“School” includes a public institution of higher education located within the regional counties.
Two or more county boards of the regional counties may establish a regional CTE school.
A regional CTE school may not be established unless at least two county boards of the regional counties, the governing bodies of those regional counties, and the board of trustees of the public institution of higher education, if applicable, approve the establishment of the regional CTE school.
Participating county boards of the regional counties, the governing bodies of those regional counties, and the board of trustees of the public institution of higher education, if applicable, shall enter into a binding memorandum of understanding that provides for the governance, operations, financing, and maintenance of the regional CTE school.
Any State or local education aid required under Title 5, Subtitle 2 of this article or other provisions of this article is to be calculated and distributed as required in those sections of law unless otherwise agreed to in the memorandum of understanding required in subsection (b) of this section.
Except as otherwise provided in this section, a regional CTE school shall comply with the regulations and provisions of law governing other public schools.
A regional CTE school shall operate under the terms of the collective bargaining agreement between the county board and the exclusive bargaining representative that is in effect in the county where the school is located.
There is a Career and Technical Education (CTE) Committee.
The CTE Committee is a unit within the Governor’s Workforce Development Board established under Title 11, Subtitle 5 of the Labor and Employment Article.
The CTE Committee shall operate under the oversight of the Accountability and Implementation Board, established under Title 5, Subtitle 4 of this article.
The purpose of the CTE Committee is to direct and coordinate the development of an integrated, globally competitive and aligned system for providing CTE to Maryland students in public schools, institutions of postsecondary education, and the workforce.
The CTE Committee shall strive to integrate CTE in secondary and postsecondary institutions in the State.
The CTE Committee shall consist of individuals who collectively reflect, to the extent practicable, the industrial, geographical, racial, ethnic, cultural, and gender diversity of the State.
The CTE Committee is composed of the following members of the Governor’s Workforce Development Board:
The State Superintendent;
The Secretary of Higher Education;
The Secretary of Labor;
The Secretary of Commerce; and
Seven members, jointly selected by the Governor, the President of the Senate, and the Speaker of the House of Delegates, who collectively represent:
Employers;
Industry or trade associations;
Labor organizations;
Community colleges;
The agricultural community; and
Experts in CTE programming.
The Governor, the President of the Senate, and the Speaker of the House of Delegates jointly shall appoint a chair of the CTE Committee from among the committee members who are employer representatives.
A member of the CTE Committee:
May not receive compensation as a member of the CTE Committee; and
Is not entitled to reimbursement for expenses under the Standard State Travel Regulations for duties performed under this section.
The CTE Committee may employ additional staff necessary to carry out the committee’s functions as provided in the State budget.
The CTE Committee shall perform the following duties:
Develop a statewide framework for CTE that prepares students for employment in a diverse, modern economy;
Allocate roles and responsibilities to State agencies for the credentialing of students, including those engaged in CTE programs;
Adopt and, where appropriate, develop and regularly update, in accordance with § 21–210 of this subtitle, a comprehensive and cohesive system of career pathway information, including necessary skills, knowledge, competencies, and credentialing standards to drive the State’s workforce development and CTE systems;
Work with the business community, including nonprofit entities and apprenticeship sponsors, to develop CTE learning opportunities;
Bring together representatives from public schools, institutions of postsecondary education, and the business community, including nonprofit entities and apprenticeship sponsors, to ensure that CTE programs are aligned with the State’s economic development and workforce goals and operate with best global practices;
Set content qualification and recruitment standards for CTE instructors;
Determine which programs should be approved for credit towards high school graduation requirements;
Address operational issues associated with delivering CTE programs to students, including transportation to and from job sites;
Review agency budget proposals involving CTE and make recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on or before December 15 each year;
Monitor the progress of CTE in the State, including progress on implementing the CTE goals in the Blueprint for Maryland’s Future;
Develop yearly goals for each county board to reach the statewide goal under § 21–204 of this subtitle that 45% of public high school students complete the high school level of a registered apprenticeship or another industry–recognized credential before they graduate;
Track progress toward and perform any tasks necessary to achieve the statewide goal under § 21–204 of this subtitle that 45% of public high school students complete the high school level of a registered apprenticeship or another industry–recognized credential, as defined by the CTE Committee, before they graduate;
Establish, administer, and supervise the CTE Expert Review Teams established under § 5–412 of this article;
Using State accountability data, identify schools to be reviewed by CTE Expert Review Teams in which sufficient numbers of students or groups of demographically distinct students are not making adequate progress towards the completion of the CTE pathway;
Submit to the Accountability and Implementation Board plans for deploying CTE Expert Review Teams, and deploy the teams in accordance with approved plans;
Share information on CTE education with the Accountability and Implementation Board;
Make recommendations and provide guidance on setting the occupational standards necessary for a strong CTE system that shall form the basis for the post–CCR CTE pathway required under § 7–205.1(g)(3) of this article;
In collaboration with and subject to the approval of the Governor’s Workforce Development Board and in consultation with other industry representatives, develop and maintain a list of high–skill, high–wage, or in–demand priority occupations for the State;
In accordance with § 21–211 of this subtitle, make recommendations to State agencies and offices, including to the Department, the Maryland Department of Labor, the Maryland Higher Education Commission, and the Accountability and Implementation Board, on adjustments to the State’s CTE system to ensure the system:
Remains globally competitive;
Is administered according to best global practices; and
When informing the design of courses and programs of study, leverages the career pathway and occupational standards developed under § 21–210 of this subtitle; and
Perform any other duties assigned by the Governor’s Workforce Development Board.
The CTE Committee may:
Make grants to innovative programs developed by public schools, institutions of postsecondary education, apprenticeship sponsors, nonprofits, and other persons that help further the CTE Committee’s purpose;
Contract with a public or private entity to research and analyze the provision of CTE to students;
Create advisory structures necessary to ensure essential input from educators, parents, unions, employers, apprenticeship sponsors, community organizers, local workforce boards, and other key stakeholders; and
Adopt any regulations necessary to carry out the committee’s duties and administer CTE in the State.
A majority of CTE Committee members constitutes a quorum.
Action by the CTE Committee requires the affirmative vote of a majority of the committee members present.
Each year, the CTE Committee shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, and the Accountability and Implementation Board.
The CTE Committee’s report shall include:
An annual assessment of the state of CTE within the State; and
Statutory, regulatory, budgetary, and structural changes needed to address the challenges of the evolving CTE system.
Any student–level information in the CTE Committee’s report shall be disaggregated by race, ethnicity, gender, family income level, linguistic status, and disability status.
For each occupation on the list developed under § 21–209(h) of this subtitle, the CTE Committee shall develop, in collaboration with the Governor’s Workforce Development Board, comprehensive, publicly accessible career pathway information.
The career pathway information shall include information on:
Skills, knowledge, competencies, experience, or credential standards for each occupation;
Concrete steps to obtain the skills, competencies, experiences, or credentials necessary to advance on a career pathway or to higher–paying roles in a profession;
Credentials to be issued at each stage of career pathway advancement; and
Necessary criteria to be awarded a credential.
The career pathway information shall be adopted by the Governor’s Workforce Development Board.
All State agencies and relevant workforce development and education programs shall use the list of occupations developed under § 21–209(h) of this subtitle and career pathway information developed under this section as a guideline for curriculum alignment, credentialing, and career advancement.
In making the recommendations required under § 21–209(h) of this subtitle regarding adjustments to the State’s CTE system, the CTE Committee shall strive to create a comprehensive, unified system of career progression that:
Is attuned to the State’s workforce needs;
Features integration among as many industries as possible;
Features performance assessments administered by industry practitioners whenever possible;
Allows a student trained in one career to seamlessly transfer the student’s skills and education to a new career in a different field;
Incorporates professional workplace soft skills, including interpersonal and communication skills, time management, business etiquette, and use of common business tools; and
Incorporates education in high school, community college, and other postsecondary occupational training programs into a unified system that will provide students with credentials at various points that build on previous credentials.
In this subtitle the following words have the meanings indicated.
“Disability” means any physical or mental impairment that constitutes or results in a substantial impediment to employment or independent living.
“Division” means the Division of Rehabilitation Services in the State Department of Education.
“Federal acts” means the rehabilitation acts of the United States Congress.
“Rehabilitation” means the process of enabling a disabled individual to become gainfully employed and to function more independently.
The State of Maryland assents to the federal acts.
The State Treasurer shall:
Be the custodian of any money received under the federal acts; and
Disburse this money in accordance with the federal acts.
The State Board of Education shall:
Cooperate with the appropriate federal agencies in administering the federal acts; and
Do anything necessary to secure the benefits of the federal acts.
In this subsection, “State match amount” means the amount of the State’s share of funding required under the federal acts.
The Governor may include in the annual budget bill an increase in the General Fund appropriation to ensure the State match amount for the Division is met.
There is an Employment Program Fund in the Division of Rehabilitation Services in the State Department of Education.
Funds for the Employment Program Fund established under this section shall be included in the budget of the Division of Rehabilitation Services in the State Department of Education.
A community rehabilitation and employment agency accredited by the Division of Rehabilitation Services in the State Department of Education is eligible to receive funds available in the Employment Program Fund established under this section.
The Division of Rehabilitation Services may contract with nonprofit rehabilitation and employment agencies to provide the funds established under this section for:
Supported employment placements;
Competitive work placements; or
Transitional employment.
The Division of Rehabilitation Services shall adopt regulations to implement the provisions of this section.
There is a Division of Rehabilitation Services in the State Department of Education.
The State Board of Education shall:
Disburse all funds provided, and administer all programs established under this subtitle, for the rehabilitation of disabled individuals;
Appoint and fix the compensation of the personnel necessary to administer this subtitle;
Rehabilitate and place in gainful occupations individuals eligible for the benefits of this subtitle;
Rehabilitate eligible individuals to function more independently;
Adopt rules and regulations necessary to administer this subtitle;
Report annually to the Governor on the administration of this subtitle; and
Cooperate with other public and private departments, agencies, and institutions to:
Provide for the rehabilitation of disabled individuals;
Provide for the independent living rehabilitation of severely disabled individuals;
Study the problems of rehabilitation; and
Develop and provide programs, facilities, and services necessary or desirable to implement this subtitle.
The State Department of Education shall, in addition to licensing vending facility managers in federal buildings in this State under § 21–302(c) of this subtitle pursuant to the federal acts, license blind persons to manage vending facilities in all State, county, and municipal buildings and in all privately owned buildings and premises in this State in the event of contract with such person.
The Division shall be the licensing agency for all vending facilities within this State licensed under this subtitle.
In this subsection, “medical and psychological records” includes:
Medical documentation;
Psychological information;
School documentation; and
Any other relevant information.
The Division and the Developmental Disabilities Administration shall enter into a memorandum of understanding, the terms of which shall include a data sharing agreement for the medical and psychological records of mutual clients in order to expedite decisions regarding eligibility for services.
In this section the following words have the meanings indicated.
“Division” means the Division of Rehabilitation Services within the Maryland State Department of Education.
“Transition services” means a coordinated set of activities for a student with a disability who meets the definition of a transitioning student that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment, supported employment, adult services, independent living, and community participation.
“Transitioning student” means a student with a disability who is between the ages of 14 and 21 years who meets the eligibility criteria of the federal Individuals with Disabilities Education Act or § 7 of the federal Rehabilitation Act.
The Division shall:
Assign a rehabilitation counselor as a liaison to each Maryland public high school;
Establish a cooperative agreement with each county board defining roles, responsibilities, and procedures in order to provide appropriate transition services for a transitioning student; and
Develop, in consultation with county boards, for each transitioning student who is determined eligible for rehabilitation services, an individualized plan for employment prior to graduation.
Each county board shall transmit to the Department information relating to the postsecondary anticipated services of the county’s transitioning students. The information shall be reported in the manner required by the Department.
The Department shall aggregate the information provided under paragraph (1) of this subsection and forward the information annually to:
The Behavioral Health Administration of the Maryland Department of Health;
The Developmental Disabilities Administration of the Maryland Department of Health; and
Other appropriate State adult services agencies, as determined by the Department.
The information under this section shall include, for each transitioning student:
The student’s current age;
The projected year of exit of the student from school;
Anticipated needs of the student;
The student’s county of residence; and
Any other information that the Department considers appropriate.
To be eligible for rehabilitation an individual shall:
Be disabled; and
Be susceptible of rehabilitation.
The State Board of Education and the State Workers’ Compensation Commission shall administer jointly the program established in this section.
The State Workers’ Compensation Commission:
Shall establish a rehabilitation program;
May employ the necessary rehabilitation counselors and clerical staff to review all reports and claims;
Shall select from the reports and claims filed with it those for which rehabilitation services appear to be appropriate;
After proper investigation, shall refer appropriate cases to the Division of Rehabilitation Services;
On request of the Division of Rehabilitation Services, shall make available to the Division a complete medical evaluation, including a prognosis of work potential of any worker whose case it refers to the Division; and
Shall pay the salaries of the employees of the workers’ compensation rehabilitation program and all necessary expenses incurred:
In investigating and reviewing all reports and claims; and
For supplies, furniture, and office space.
Any report, record, memorandum, action, or finding of the Division of Rehabilitation Services may not be referred to in any way or be received as evidence in any civil proceeding before any agency or court, except under the rules and regulations adopted by the State Board of Education, under this subtitle.
In this section the following words have the meanings indicated.
“Business entity” means:
A person conducting or operating a trade or business in Maryland; or
An organization operating in Maryland that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.
“Division” means the Division of Rehabilitation Services of the Maryland State Department of Education.
“Qualified child care or transportation expenses” means:
State regulated child care expenses that are incurred by a business entity to enable a qualified employee with a disability to be gainfully employed; or
Transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work.
“Qualified employee with a disability” means an individual who:
Meets the definition of an individual with a disability as defined by the Americans with Disabilities Act;
Has a disability that presently constitutes an impediment to obtaining or maintaining employment or to transitioning from school to work;
Is ready for employment; and
Has been determined by the Division or the Maryland Department of Labor, in consultation with the Division, as having met the criteria of a qualified employee with a disability established under this section.
“Qualified employee with a disability” includes:
An individual who has been determined by the Maryland Department of Labor, in consultation with the U.S. Department of Veterans Affairs, as having been discharged or released from active duty in the uniformed services for a service–connected disability; and
Any other individual meeting the definition of subparagraph (i) of this paragraph, whether or not the individual receives services from the Division.
“Wages” means wages, within the meaning of § 51(c)(1), (2), and (3) of the Internal Revenue Code without regard to § 51(c)(4) of the Internal Revenue Code that are paid by a business entity to an employee for services performed in a trade or business of the employer.
Except as provided in subsection (e) of this section, a business entity may claim a tax credit in the amounts determined under subsections (c) and (d) of this section for the wages and qualified child care or transportation expenses with respect to a qualified employee with a disability that are paid in the taxable year for which the business entity claims the credit.
The same tax credit cannot be applied more than once against different taxes by the same taxpayer.
For each taxable year, for the wages paid to each qualified employee with a disability, a credit is allowed in an amount equal to 30% of up to the first $15,000 of the wages paid to the qualified employee with a disability during each of the first 2 years of employment.
For each taxable year, for child care provided or paid for by a business entity for the children of a qualified employee with a disability, or transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work, a credit is allowed in an amount equal to up to $1,500 of the qualified child care or transportation expenses incurred for each qualified employee with a disability during each of the first 2 years of employment.
A business entity may not claim the credit under this section for an employee:
Who is hired to replace a laid–off employee or to replace an employee who is on strike; or
For whom the business entity simultaneously receives federal or State employment training benefits.
A business entity may not claim the credit under this section until it has notified the Division that a qualified employee with a disability has been hired.
A business entity may claim a credit in the amount provided in paragraph (4) of this subsection for an employee whose employment lasts less than 1 year if the employee:
Voluntarily terminates employment with the employer;
Is unable to continue employment due to a further disability or death; or
Is terminated for cause.
If a business entity is entitled to a tax credit for an employee who is employed for less than 1 year because the employee voluntarily terminates employment with the employer to take another job, the business entity may claim a tax credit of 30% of up to the first $15,000 of the wages paid to the employee during the course of employment.
If a business entity is entitled to a tax credit for an employee who is employed for less than 1 year for a reason other than that described in subparagraph (i) of this paragraph, the amount of the credit shall be reduced by the proportion of a year that the employee did not work.
If the credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the business entity for that taxable year, a business entity may apply the excess as a credit for succeeding taxable years until the earlier of:
The full amount of the excess is used; or
The expiration of the 5th taxable year after the taxable year in which the wages or qualified child care or transportation expenses for which the credit is claimed are paid.
If a credit is claimed under this section, the claimant must make the addition required in § 10–205 or § 10–306 of the Tax – General Article.
Subject to the provisions of this subsection, the Maryland Department of Labor and the State Department of Education shall jointly adopt regulations necessary to carry out the provisions of this section.
The Comptroller shall adopt regulations to provide for the computation and carryover of the credit under § 10–704.7 of the Tax – General Article.
The State Department of Assessments and Taxation shall adopt regulations to provide for the computation and carryover of the credit under §§ 8–216 and 8–413 of the Tax – General Article.
The Maryland Insurance Commissioner shall adopt regulations to provide for the computation and carryover of the credit under § 6–115 of the Insurance Article.
The Maryland Department of Labor shall administer the tax credit and report to the Governor, and, subject to § 2–1257 of the State Government Article, to the General Assembly, before January 15 of each year on:
Marketing activities for the credit under this section;
The number of business entities who hired a qualified employee with a disability during the preceding year;
The number of qualified employees with disabilities:
Hired in each business sector for the preceding year; and
Hired during the preceding year and employed for less than 1 year;
A summary of the average hourly wages paid to qualified employees with disabilities for the preceding year;
The number and amount of credits claimed during the preceding year; and
The number and amount of credits claimed for child care or transportation expenses, including a summary of the types of transportation expenses incurred by business entities.
In this section the following words have the meanings indicated.
“DORS” means the Division of Rehabilitation Services in the State Department of Education.
“DORS consumer” means an individual determined eligible for rehabilitation services under § 21–306 of this subtitle who is placed by DORS in an unpaid work–based learning experience.
“Unpaid work–based learning experience” means a program that provides a DORS consumer with structured employer–supervised learning that:
Occurs in the workplace;
Links with an individualized plan for employment;
Is coordinated by a DORS rehabilitation specialist; and
Is conducted in accordance with the terms of an individual written work–based learning experience agreement between DORS and the employer of that participating DORS consumer.
A DORS consumer who is placed with an employer in an unpaid work–based learning experience is a covered employee of that employer, as defined in Title 9 of the Labor and Employment Article for the purpose of coverage for medical services and treatment under the State workers’ compensation laws.
The participating employer where a DORS consumer is placed in an unpaid work–based learning experience shall secure workers’ compensation coverage for that DORS consumer.
The State Department of Education shall reimburse the employer in an amount equal to the lesser of:
The cost of the premium for the workers’ compensation coverage; or
$250.
In this subtitle the following words have the meanings indicated.
“Community rehabilitation program” means a work oriented place or facility operated on a nonprofit basis that is operated principally to provide:
Suitable work, training, or retraining to individuals with disabilities who because of a disability cannot find gainful employment elsewhere; or
Gainful employment to individuals with severe disabilities.
“Individual with disabilities” means an individual who:
Has a severe physical or mental disability that seriously limits his mobility, communication, work tolerance, work skills, and ability to care for and direct himself, and function generally;
Can be expected to require multiple rehabilitation services over an extended period of time; and
Whose disability is determined by an evaluation of rehabilitation potential to cause substantial functional limitation.
The Division of Rehabilitation Services of the State Department of Education shall administer this subtitle, and may adopt rules and regulations necessary to implement it.
The Division of Rehabilitation Services shall maintain a register of private nonprofit agencies or organizations it considers qualified to provide community rehabilitation program employment for individuals with disabilities.
Before it registers any organization or agency, the Division of Rehabilitation Services shall inspect community rehabilitation programs to determine if:
They are appropriate;
The agency or organization is eligible to receive funds under this subtitle; and
The programs meet the standards for community rehabilitation programs accepted by the Rehabilitation Services Administration of the federal Department of Education.
The Division of Rehabilitation Services may contract with any approved agency or organization to provide programs and services set forth in § 21-303(d) of this title to any individual with disabilities if the Division is satisfied that the individual:
Is at least 17 years old;
Cannot find employment in the open labor market; and
May be expected to benefit from the programs and services set forth in § 21-303(d) of this title or that the individual’s best interests require this type of employment.
The Secretary of Health shall appoint a Director of educational programs in the Maryland Department of Health.
The Director shall receive the salary provided in the budget of the Maryland Department of Health.
The Director shall:
Implement and operate the educational programs in the State hospital centers; and
Consult with the Director of the Behavioral Health Administration, the Director of the Developmental Disabilities Administration, and the superintendent of each center about the operation of these programs.
Funds for the operation of the educational program in State hospital centers shall be provided in the budget of the Maryland Department of Health.
The Maryland Department of Health and other State agencies may contribute to the program.
Funds appropriated for educational programs in State hospital centers may not be diverted, by budget amendment or otherwise, to any other purpose.
This subtitle does not affect the other jurisdiction of the State Board of Education, the State Superintendent of Schools, the Maryland Higher Education Commission, or the Secretary of Higher Education.
In this title the following words have the meanings indicated.
“Print disabled individual” means an individual who cannot effectively read print because of a visual, physical, perceptual, developmental, cognitive, or learning disability.
“State Library Agency” means the Maryland State Library Agency.
“State Library Board” means the Maryland State Library Board.
“State standards for libraries” means the standards for the consistent and equitable operation of a library that serve all citizens of the State as established under § 23–102.1(b) of this subtitle.
The General Assembly finds:
That public library resources and services are essential components of the educational system; and
That libraries stimulate awareness and understanding of critical social issues, and assist individuals in reaching their highest potential for self–development.
It is the policy of this State:
To continue the orderly development and maintenance of library facilities and services throughout this State, in collaboration with the counties; and
To develop coordinated programs and services among libraries and institutions to:
Provide the widest possible access to the library and information resources of this State; and
Ensure more effective and economical services to all library users.
In this section, “library” includes:
The State Library Resource Center;
A regional resource center;
A correctional facility library;
A county library system and the Enoch Pratt Free Library in Baltimore;
The Maryland State Library for the Blind and Print Disabled;
The Maryland Deaf Culture Digital Library; and
A metropolitan cooperative service program.
“Library” does not include a school library media program established by a local school system.
It is the policy of the State that each library shall operate in a manner consistent with the following standards:
Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the library serves;
A library should not exclude material from its catalogue because of the origin, background, or views of a person who created the material; and
A library should not prohibit or remove material from its catalogue because of partisan, ideological, or religious disapproval.
It is the intent of the General Assembly that a library that receives funding from the State adopt and follow a written policy for operation of a library that is consistent with the State standards for libraries under subsection (b) of this section.
In this section the following words have the meanings indicated.
“Automated external defibrillator (AED)” has the meaning stated in § 13–517 of this article.
“Library” means:
Each branch of a county library system; or
The Enoch Pratt Free Library.
“Library” does not include:
A school library established by a local school system;
A mobile library unit; or
A correctional facility library.
Beginning January 1, 2026, each library shall:
Place an automated external defibrillator in a prominent area, accessible to employees and library users;
Comply with § 13–517 of this article; and
Maintain the functionality of the automated external defibrillator.
In addition to any other immunities available under statutory or common law:
A library is not civilly liable for any act or omission in the provision of automated external defibrillation if the library has satisfied the requirements under this section;
An individual is not civilly liable for any act or omission if:
The individual is acting in good faith while rendering automated external defibrillation to another individual who is the victim or is reasonably believed by the individual to be a victim of a sudden cardiac arrest;
The assistance or aid is provided in a reasonably prudent manner; and
The automated external defibrillation is provided without fee or other compensation; and
A library or individual is not civilly liable for failing to render automated external defibrillation to an individual who is a victim or is reasonably believed to be a victim of a sudden cardiac arrest.
There is a State Library Agency and a State Library Board. The State Library Agency is the central State library agency.
The head of the State Library Agency is the State Librarian, who is appointed by the State Library Board with the advice and consent of the Senate.
The State Librarian shall:
Hold an advanced degree in library and information service;
Have administrative experience in libraries; and
Have any other qualifications the State Library Board considers necessary.
The State Librarian shall:
Select, organize, and direct the staff of the State Library Agency;
Perform the duties the State Library Board assigns;
See that the policies and decisions of the State Library Board are carried out; and
Serve at the pleasure of the State Library Board.
The State Librarian is entitled to the salary provided in the State budget.
The State Library Agency may employ the professional and clerical staff provided in the State budget.
Each employee of the State Library Agency is entitled to the salary provided in the State budget.
Each employee of the State Library Agency shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.
In addition to the other powers granted and duties imposed by this article, the State Library Board has the powers and duties set forth in this section.
The State Library Board shall appoint the State Librarian.
The State Library Board shall exercise general direction and control of library development in this State and may:
Adopt rules and regulations necessary to administer this title;
After considering the recommendations of the State Librarian, establish library policies and procedures for the statewide system of libraries;
Consider the library needs of this State and recommend to the Governor and the General Assembly desirable legislation; and
With the approval of the Governor, accept, administer, and spend any appropriation, gift, or grant for library purposes from the federal government or from any other person.
In accordance with the bylaws, rules, and regulations of the State Board of Education, the State Superintendent shall certificate professional library personnel.
Each year the State Library Board shall report to the Governor and the people of this State on the support, condition, progress, and needs of libraries.
The report required under paragraph (1) of this subsection shall include any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this subtitle.
The State Library Board shall approve county public library capital projects for State funding in accordance with § 23–509 of this title.
The State Library Board shall develop policies for the operation of libraries that are consistent with the State standards for libraries.
In addition to any other powers granted and duties imposed by this title, and subject to the authority of the State Library Board, the State Library Agency has the powers and duties set forth in this section.
The State Library Agency shall:
Provide leadership and guidance for the planning and coordinated development of library and information service in this State;
Develop statewide public and school library services and networks, resource centers, and other arrangements to meet the library and information needs of this State;
Provide professional and technical advice on improving library services in this State to:
Public and school library officials;
Higher education and special library officials;
State government agencies; and
Any other person;
Collect library statistics and other data;
Identify library needs and provide for needed research and studies of them; and
Coordinate library services with other information and education services and agencies;
Administer federal and State funds appropriated to it by the State for library purposes;
Develop and recommend professional standards and policies for libraries; and
Establish requirements and procedures for the certification of librarians and library personnel;
Provide:
Specialized library service to the blind and other print disabled individuals in this State; and
Other desirable specialized library services;
Encourage, advise, and assist in establishing, operating, and coordinating libraries at State institutions and agencies and administer the operation of library and information services for the State Library Board;
Administer the State grant program for county public library capital projects, in accordance with § 23–509 of this title;
Adopt guidelines for the administration of public libraries and recommend to the State Library Board rules and regulations to implement this title;
Cooperate with national library agencies and those of any other state;
Develop a Deaf Culture Digital Library in accordance with § 23–109 of this subtitle;
Ensure that each library as defined in § 23–102.1 of this subtitle that receives State funds is operated in a manner consistent with the State standards for libraries; and
Perform any other duty necessary for its proper operation.
There is a Maryland State Library Board.
The State Library Board consists of 12 members, 7 of whom are appointed by the Governor. Each member is entitled to participate fully and equally in the activities of the Board.
Each member shall:
Be a resident of this State;
Be an individual of ability and integrity who is experienced in public or library affairs; and
Represent the interests of the citizens of this State in better library services.
Of the appointed members:
Four shall be selected from the public at large;
One shall be a professional librarian;
One shall be a library trustee; and
One shall be a blind patron of the Maryland Library for the Blind and Print Disabled.
The Governor shall ensure geographic diversity when appointing members.
The following officials serve ex officio and each may designate someone to serve in his place:
The President of the Congress of Academic Library Directors;
The President of the Board of Trustees of Enoch Pratt Free Library;
The President of the Maryland Library Association;
The Dean of the University of Maryland College of Library and Information Services; and
The President of the Maryland Association of School Librarians.
Each appointed member serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.
An appointed member may not serve more than two consecutive terms.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Each member of the State Library Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
Each year:
The Governor shall appoint a member of the State Library Board as its Chairman; and
The State Library Board shall elect one of its members as its vice chairman.
The State Librarian shall:
Serve as secretary to the State Library Board;
Record the proceedings of the State Library Board; and
Provide necessary staff services.
Each year, the State Library Board:
Shall hold at least four regular meetings; and
May hold special meetings as necessary.
Seven members of the State Library Board are a quorum and at least 7 affirmative votes are required for any recommendation to:
The State Library Agency; or
The Governor.
The State Library Board shall:
Gather information on the needs of libraries throughout this State;
Oversee the State Library Agency;
Advise the Governor on library matters; and
Promote improvement of library services in this State.
The State Library Board may be funded annually as provided in the budget of the State Library Agency.
Subject to the provisions of subsection (b) of this section, a public, school, college, or university library in this State shall prohibit inspection, use, or disclosure of any circulation record or other item, collection, or grouping of information about an individual that:
Is maintained by a library;
Contains an individual’s name or the identifying number, symbol, or other identifying particular assigned to the individual; and
Identifies the use a patron makes of that library’s materials, services, or facilities.
A public, school, college, or university library in the State shall permit inspection, use, or disclosure of the circulation record of an individual only:
If necessary for the reasonable operation of the library;
On written consent of the individual; or
By subpoena or court order.
The State Library Agency shall establish the Deaf Culture Digital Library as the primary information center on deaf resources for library customers and staff in the State.
The Deaf Culture Digital Library shall:
Conduct a needs assessment to identify gaps in library services for deaf patrons and to implement strategies to fill the gaps and better coordinate library services for the deaf;
In coordination with the Governor’s Office of the Deaf, Deafblind, and Hard of Hearing, develop and provide sensitivity training for State and county library staff to help them better understand deaf patrons and their needs;
Develop a website that will allow for information sharing and coordination between the Deaf Culture Digital Library and county library systems;
In coordination with the State Library Agency, develop deaf–related programs and materials and share them with county library systems and other libraries in the State;
Develop partnerships and strategic alliances with other entities, including:
The Governor’s Office of the Deaf, Deafblind, and Hard of Hearing;
County library systems;
The State Library Agency;
Veterans’ groups;
State and local arts councils;
Senior citizens organizations; and
Deaf and hard of hearing organizations, including:
The National Association of the Deaf;
The Hearing Loss Association of America; and
The Maryland Association of the Deaf;
Encourage partnerships and collaborations with information service providers to help provide virtual access to information and research;
Form a Deaf Culture Digital Library Advisory Board to provide advice on initiatives that further advance the mission and goals of the Deaf Culture Digital Library and the majority of whose members are deaf or hard of hearing and selected from the following entities:
County library systems;
The State Library Agency;
The Governor’s Office of the Deaf, Deafblind, and Hard of Hearing;
Statewide deaf and hard of hearing organizations; and
Other organizations as agreed on by the Governor’s Office of the Deaf, Deafblind, and Hard of Hearing and the State Library Agency; and
Establish a Deaf Culture Digital Library “Friends of the Library” group composed of individuals who are strongly committed, well–positioned, and able to promote community involvement, advocacy, and funding for the Deaf Culture Digital Library.
The lead employee or coordinator who manages the Deaf Culture Digital Library shall be:
A deaf or hard of hearing individual; and
Knowledgeable and experienced concerning issues affecting deaf and hard of hearing individuals.
For fiscal year 2026 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $450,000 to the Deaf Culture Digital Library.
The Deaf Culture Digital Library shall submit its annual operating budget to the State Library Agency on or before June 1 each year.
In this section the following words have the meanings indicated.
“Early reader organization” means a nonprofit organization:
That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and
Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills.
“Program” means the Baltimore City Young Readers Program.
There is a Baltimore City Young Readers Program in the State Library Agency.
The purpose of the Program is to work with an early reader organization to distribute free, high–quality books to children in Baltimore City.
The State Librarian shall:
Administer the Program; and
Carry out the Program in partnership with an early reader organization partner.
For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $200,000 to the Program.
In this section the following words have the meanings indicated.
“Affiliated service” means a book–gifting service performed by a nonprofit organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code or a unit of State, county, or municipal government that forms an affiliated partnership with an early reader organization.
“Early reader organization” means a nonprofit organization:
That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and
Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills.
“Program” means the Young Readers Grant Program.
There is a Young Readers Grant Program in the State Library Agency.
The purpose of the Program is to provide grants to public libraries and affiliated services to:
Support the establishment and operation of affiliated services; and
Contribute to the operation of an affiliated service.
The State Librarian shall administer the Program.
A public library or an affiliated service may submit an application for a program grant on the form that the State Librarian requires.
An application for a program grant shall include a plan to ensure that the public library or the affiliated service is able to gift books to eligible children, including specific measures for serving children in low–income zip codes within its area of service.
A program grant shall be disbursed to a public library or an affiliated service that qualifies for the Program.
The State Library Board shall:
On or before December 1, 2024, and every other year thereafter, report to the General Assembly on the effectiveness of the Program in accordance with § 2–1257 of the State Government Article; and
Collect statistics and other information necessary for this purpose.
For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $450,000 to the Program.
In this section the following words have the meanings indicated.
“Child” means a biological or adopted child, a stepchild, a grandchild, or a legal ward of an incarcerated individual.
“Program” means the Family Literacy Pilot Program.
There is a Family Literacy Pilot Program.
The purpose of the Program is to foster family literacy and strengthen parent–child relationships by providing children’s books in State correctional facilities to incarcerated individuals and a means for an incarcerated individual to read aloud to the incarcerated individual’s child.
The Program shall be administered by the State Library Agency.
The State Library Agency, in consultation with the Department of Public Safety and Correctional Services and the Correctional Education Council, shall select four State correctional facility libraries or prerelease centers to participate in the Program that shall:
Represent each of the western, central, and eastern regions of the State;
Consist of at least one correctional facility serving female incarcerated individuals; and
Consist of at least one correctional facility serving male incarcerated individuals.
The State Library Agency shall select the children’s books for use in the Program including children’s books in languages other than English.
The State Library Agency, in consultation with the Department of Public Safety and Correctional Services and the Correctional Education Council, shall:
Establish a process to secure written permission to participate in the Program from the custodial parent or guardian of an incarcerated individual’s child;
Establish a process to assist an incarcerated individual in selecting an age–appropriate children’s book, preparing a recording of the incarcerated individual reading the book aloud, and distributing a copy of the book and the recording to the incarcerated individual’s child; and
Ensure participation in the Program is free of charge for the incarcerated individual, the child, and the custodial parent or guardian.
The State Library Agency may adopt regulations necessary to carry out the requirements of this section.
The Central Library of the Enoch Pratt Free Library System is the State Library Resource Center.
The State Library Resource Center shall provide and expand access to specialized library materials and services that are necessary for coordinated, efficient, and economical library services in this State.
The boards of library trustees of at least three public library systems outside the standard metropolitan statistical areas defined by the United States Bureau of the Census may request the State Library Board to establish and maintain a regional resource center.
Each regional resource center shall provide, through mutual cooperation and coordination, books, information, and other material and service resources that an individual library cannot provide adequately by itself.
A region to be served by a regional resource center shall have a population of at least 100,000.
Subject to approval by the State Library Board, the boards of library trustees of the participating library systems shall designate the library to serve as the resource center.
There is a board of advisors for each regional resource center that shall act as the Regional Advisory Council.
The Council consists of:
The director of the regional resource center; and
The director of each member library system.
The Council for each regional resource center shall:
Gather information on the resource needs of its region; and
Promote the use of the regional resource center.
The director of the regional resource center is the executive officer of the regional resource center.
The director:
Is appointed by the governing board established in accordance with § 23–202.1 of this subtitle; and
Shall serve at the pleasure of the governing board.
The director shall:
Be eligible for certification as a professional library director by the State Superintendent of Schools as set forth in COMAR 14.38.01.01;
Have the powers and duties set forth in this title; and
Appoint, promote, fix salaries, assign duties, and terminate personnel of the regional resource center.
The director shall operate the regional resource center in accordance with:
The standards adopted by the State Library Board; and
The policies adopted by the governing board.
The director shall:
Prepare and submit for the approval of the governing board the annual budget of the regional resource center;
Adopt and submit for the approval of the governing board reasonable rules and bylaws to carry out this section; and
Recommend to the governing board the purchase, condemnation, rental, use, sale, or conveyance of property for any valid purpose under this section.
The policies and procedures of the regional resource center shall be:
Recommended by the board of trustees of the library designated as the regional resource center; and
Approved by the Council.
The policies and procedures for operation of the regional resource center shall be consistent with the State standards for libraries.
Each regional resource center shall:
Make interlibrary loans of books and materials;
Supply collections and exhibits of specialized materials;
Provide consultant services;
Organize in–service training for library staffs; and
Develop and operate cooperative services among libraries.
There is a governing board for each regional resource center.
Except as provided in paragraph (2) of this subsection, a governing board consists of the following members:
A library trustee from each participating library system; and
Up to two members of the public from each area served by the participating library systems.
The board of trustees of the Washington County Free Library shall act as the governing board for the Western Maryland Regional Resource Center.
The bylaws adopted by the board of trustees of the Washington County Free Library shall govern the composition, appointment, qualifications, terms, and structure of the governing board.
A member appointed to a governing board must:
Be of good character;
Have demonstrated ability and interest in library matters; and
Be a resident of one of the counties participating in and being served by the regional resource center.
Subject to paragraph (2) of this subsection, the members of the governing board shall be appointed by the governing board.
The initial members of a governing board shall be appointed by the Regional Advisory Council of the regional resource center.
A member of a governing board:
May not receive compensation as a member of the governing board; but
Is entitled to reimbursement for expenses in accordance with the rules, policies, and bylaws of the regional resource center.
Each member serves for a term of 5 years beginning July 1 immediately following the member’s appointment and until a successor is appointed and qualifies.
A member may not serve for more than two consecutive terms.
The governing board shall appoint a qualified individual to fill any vacancy in the member’s position for the remainder of that term until a successor is appointed and qualifies.
A member appointed to fill a vacancy under subparagraph (i) of this paragraph may serve for two additional terms.
A governing board shall elect a chair from among its members each year.
A governing board may elect any other officers determined necessary by the board.
If a governing board elects a treasurer, the treasurer shall be appropriately bonded.
A governing board:
Shall determine the time and place of its meetings; and
May adopt rules for the conduct of its meetings.
A governing board shall meet at least once every 3 months.
A governing board is subject to the Open Meetings Act.
A majority of the appointed members of the governing board is a quorum.
A member of a governing board who fails to attend at least 50% of the scheduled meetings of the board during any consecutive 12–month period shall be considered to have resigned.
If the member has been unable to attend meetings for reasons satisfactory to the governing board, the governing board may waive the resignation.
The chair of a governing board shall report the member’s name and nonattendance to the State Library Board within 45 days after the end of the 12–month period.
The governing board shall fill any vacancy in accordance with subsection (f) of this section.
In addition to the other powers expressly granted and duties imposed by this subtitle, a governing board has the powers and duties set forth in this subsection.
A governing board shall:
Select and appoint, with the advice of the State Librarian, a professional librarian to serve as director of the regional resource center;
Determine the policies of the regional resource center;
Adopt reasonable rules and bylaws for the use of the regional resource center and the conduct of its business;
Approve the regional resource center budget;
In accordance with the regulations and laws of the State, receive, account for, control, and supervise the spending of all public funds received by the regional resource center;
Adopt and follow a written policy for operation of the regional resource center that is consistent with the State standards for libraries;
Publish the results of the audit conducted under paragraph (4)(ii) of this subsection; and
Submit a report to the State Librarian on or before November 1 each year that includes:
The amount of money received from the library fund and other sources;
Itemized expenses;
The number of books and periodicals in the possession of and owned by the regional resource center;
The results of the annual audit; and
Any other information required by the State Library Board.
A governing board may:
Apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person on behalf of the regional resource center;
Recommend the purchase, condemnation, rental, acquisition, use, or conveyance of property for any valid purpose under this section;
Recommend plans for the regional resource centers, including the use of facilities of participating libraries, additions to the facilities of participating libraries, or new facilities separate from the existing facilities of participating libraries;
Select the location of and approve plans for the erection of regional resource center buildings, subject to the approval of the State Library Board and the Governor;
Make agreements with any person for any library service; and
Perform any other actions necessary for the proper control and development of the regional resource center.
In addition to other reports that may be required by the State Library Board, the Board shall:
Keep records that are consistent with sound business practices and accounting records that use generally accepted accounting principles;
Cause an audit by an independent certified public accountant approved by the State Librarian to be made of the accounts and transactions of the regional resource center at the conclusion of each fiscal year; and
For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government Article.
The governing board may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee for acting in a manner consistent with the regional resource center’s written policy implementing the State standards for libraries.
The board of library trustees of any public library system that is not participating in a regional resource center may participate in a metropolitan cooperative service program.
Each metropolitan cooperative service program shall conform to standards adopted by the State Library Board.
Each metropolitan cooperative service program shall make an annual report of its operations to the State Library Board.
The State Library Board periodically shall evaluate the effectiveness of the services performed by each regional resource center and metropolitan cooperative service program and may request any reports and information necessary for this purpose.
Subject to subsection (g) of this section, each year, the State Library Board may include in its budget operating funds for:
The State Library Resource Center;
Each regional resource center;
The Maryland Library for the Blind and Print Disabled;
The Deaf Culture Digital Library; and
Each metropolitan cooperative service program.
Subject to subsection (g) of this section, the State shall pay all capital expenses for:
The State Library Resource Center; and
Each regional resource center.
Before any money is spent under this subsection, the appropriate board of library trustees shall:
Have the project approved by the State Library Board;
Through the State Library Board, submit the request to the Department of Budget and Management for consideration under Title 3, Subtitle 6 of the State Finance and Procurement Article; and
Agree to reimburse the State Library Board an amount the State Library Board determines if the facility ceases to be used for a resource center or cooperative service program.
Subject to subsection (g) of this section, each year each participating regional resource center shall receive a minimum amount of funding for each resident of the area served, to be used for operating and capital expenses.
The allocation shall be calculated as follows:
For fiscal year 2022....................................$8.75 per each resident of the area served;
For fiscal year 2023................................... $9.19 per each resident of the area served;
For fiscal year 2024....................................... $9.39 per each resident of the area served;
For fiscal year 2025....................................... $9.59 per each resident of the area served;
For fiscal year 2026........................................$9.79 per each resident of the area served;
For fiscal year 2027……………………………. $9.99 per each resident of the area served;
For fiscal year 2028...................................... $10.19 per each resident of the area served;
For fiscal year 2029...................................... $10.40 per each resident of the area served;
For fiscal year 2030...................................... $10.60 per each resident of the area served;
For fiscal year 2031...................................... $10.81 per each resident of the area served; and
For fiscal year 2032 and each fiscal year thereafter…………………………………………………………….............. $11.02 per each resident of the area served.
Subject to subsection (g) of this section, each year the State Library Resource Center shall receive a minimum amount of funding for each State resident in the previous fiscal year, to be used for operating and capital expenses.
The allocation shall be calculated as follows:
For fiscal year 2024 …………..................$1.97 per State resident;
For fiscal years 2025 through 2027…….$2.07 per State resident;
For fiscal year 2028……………......$2.17 per State resident;
For fiscal year 2029 $2.28 per State resident;
For fiscal year 2030 $2.39 per State resident;
For fiscal year 2031………..………$2.51 per State resident; and
For fiscal year 2032 and each fiscal year thereafter….$2.64 per State resident.
Subject to subsection (g) of this section, beginning in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind and Print Disabled shall receive an amount equivalent to at least 25% of the amount received by the State Library Resource Center for the same fiscal year under subsection (d) of this section.
The State Library Board shall:
Disburse funds to the State and regional resource centers, the Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service programs; and
Require that these funds be used subject to any conditions specified by the appropriating agency or imposed under this subtitle.
The State Library Board may authorize the State Comptroller to withhold funds from any regional resource center or metropolitan cooperative service program that fails to meet the standards adopted by the State Library Board.
Receipt of funding under this section is contingent on a library, resource center, or metropolitan cooperative service program adopting a written policy for operation of the library, center, or program that is consistent with the State standards for libraries.
The Comptroller shall withhold all State funds from any regional resource center or metropolitan cooperative service program that the State Library Board certifies has failed to meet the State standards for libraries.
The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the regional resource center or metropolitan cooperative service program has adopted a written policy consistent with the State standards for libraries.
Any two or more boards of library trustees acting as incorporators under this section and the nonstock corporation laws may organize a cooperative library corporation to administer joint library projects in their counties.
The membership of the corporation consists of the members of each board of library trustees that signs the articles of incorporation.
If each of the member boards agree, another county may become a member of the corporation.
The member boards may delegate any of their intracounty powers and duties to the corporation to the extent necessary to enable it to carry out and administer joint library projects.
Professional and clerical employees of a cooperative library corporation shall join the Teachers’ Retirement System.
Each cooperative library corporation:
Is entitled to use the library fund;
Shall have the annual audit required for a library;
Shall make the annual report required of a board of library trustees; and
Is exempt from taxation under § 7-202 of the Tax - Property Article.
In this subtitle the following words have the meanings indicated.
“Depository library” means a library designated for the receipt and maintenance of State publications.
“Depository library” includes:
The State Library Resource Center;
The Maryland Department of Legislative Services Library;
The State Archives;
The Maryland Thurgood Marshall State Law Library;
The McKeldin Library of the University of Maryland;
The Library of Congress; and
Any other library designated by the Commission on State Publications Depository and Distribution Program as a depository library.
“Program” means the State Publications Depository and Distribution Program.
“State agency” means any permanent or temporary State office, department, division or unit, bureau, board, commission, task force, authority, institution, State college or university, and any other unit of State government, whether executive, legislative, or judicial, and includes any subunits of State government.
“State publication” means informational materials produced, regardless of format, by the authority of, or at the total or partial expense of any State agency.
“State publication” includes a publication sponsored by a State agency, issued in conjunction with, or under contract with the federal government, local units of government, private individuals, institutions, corporations, research firms, or other entities.
“State publication” does not include correspondence, interoffice and intraoffice memoranda, routine forms or other internal records, publications of bicounty agencies which comply with this program as required in § 23-304 of this subtitle, or any informational listing which any State statute provides shall be sold to members of the public for a fee.
There is created, as part of the State Library Resource Center at the Enoch Pratt Free Library, a State Publications Depository and Distribution Program.
This Program is responsible for:
The collection of State publications;
The distribution of State publications to the depository libraries;
The monthly issuance of a list of all State publications that have been received by the Center. This list shall be sent to all depository libraries and to others upon request and the Center may provide for subscription services; and
Making determinations on exemptions of State publications from the depository requirements of this subtitle.
The Administrator of the Program shall be appointed by the Director of the State Library Resource Center.
Funding for the Program shall be provided in the budget of the State Library Board in a program entitled State Publications Depository.
Each State agency shall designate an agency publications contact person, and shall notify the Center of the designation.
Each State agency shall furnish to the Center a sufficient quantity of each publication to meet the requirements of the depository system.
Each bicounty agency shall:
Designate an agency publications contact person, and notify the Center of the designation;
Furnish to the Center 1 copy of each publication to meet the requirements of the depository system; and
Furnish 1 copy each to a designated branch library within each county library system of the counties in which the bicounty agency operates or furnish all copies to the Center for distribution as stated in this section.
The governing body of each county may establish, and appropriate an amount to support, a county public library system free from political influence.
Each county public library system shall be governed by a board of trustees. However, a charter county may:
Establish a county library agency and grant it some or all of the powers of a board of trustees; or
Have a board of library trustees, provide for the board’s selection, and determine its powers.
The Mayor and City Council of Baltimore shall be governed by the requirements and regulations pertaining to the Enoch Pratt Free Library of Baltimore City as provided in Chapter 181 of the Acts of 1882 and any other laws applicable to the operation of public libraries.
The powers and duties of the Board of Trustees of the Enoch Pratt Free Library are as provided in Chapter 181 of the Acts of 1882 and the Charter and the Articles of Incorporation of the Enoch Pratt Free Library and other laws applicable to the Board of Trustees of the Enoch Pratt Free Library.
A State grant shall be made available to fund the increased operating expenses for the branches of the Enoch Pratt Free Library that increase their operating hours above the hours in effect as of January 1, 2016.
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 to support the additional operating expenses for the increased hours of operation of all branches of the Enoch Pratt Free Library subject to increased operating hours as provided in paragraph (3) of this subsection.
To receive any State funds under subparagraph (i) of this paragraph, Baltimore City shall provide a 25% match for each dollar of State funds granted to support the additional operating expenses related to the increased hours of operation of the branches of the Enoch Pratt Free Library that, in that fiscal year, will be subject to increased operating hours as provided in paragraph (3) of this subsection.
Baltimore City may use public and private funds to satisfy the requirements of subsubparagraph 1 of this subparagraph.
In calculating the additional operating expenses of the increased hours of operation, the baseline hours of operation of all branches of the Enoch Pratt Free Library are those hours of operation in effect as of January 1, 2016.
The Maryland State Library Agency shall establish a process to distribute the State grant to Baltimore City or the Enoch Pratt Free Library for the additional operating expenses related to the increased hours of operation.
It is the intent of the General Assembly that the operating hours of the branches of the Enoch Pratt Free Library that are increased in accordance with paragraphs (3) and (4) of this subsection shall be utilized to advance the library’s commitment to equity, inclusion, and greater access to library resources, programs, and services.
On or before September 30, 2023, and each September 30 thereafter, the Mayor and City Council of Baltimore City shall provide a report to the Department of Budget and Management and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee that includes:
A list of the branches of the Enoch Pratt Free Library with increased operating hours for the previous fiscal year that are above the operating hours in effect as of January 1, 2016; and
An evaluation of the impact of the increased hours of operation of the branches of the Enoch Pratt Free Library.
The County Commissioners of Washington County shall be governed by the requirements and regulations pertaining to the Washington County Free Library as provided in Chapter 511 of the Acts of 1898 and any other laws applicable to the operation of public libraries.
The powers and duties of the Board of Trustees of the Washington County Free Library are as provided in Chapter 511 of the Acts of 1898 and the Charter, Articles of Incorporation, and other laws applicable to the Board of Trustees of the Washington County Free Library.
Notwithstanding any other provisions of this subtitle, employees of the Prince George’s County Memorial Library System have the right to organize and bargain collectively through representatives of their choosing as authorized by the Prince George’s County Charter, Section 908, as of July 1, 1986.
Such employees shall be covered under the provisions of the Prince George’s County Labor Code, as provided in § 13A–116 of that Code, as of July 1, 1995.
Notwithstanding any other provision of law, a certified bargaining agent or employee organization that represents employees of the Prince George’s County Memorial Library System may not call or direct a strike.
Any certified bargaining agent or employee organization designated as an exclusive representative of the employees of the Prince George’s County Memorial Library System that violates any provision of this paragraph shall have its designation as exclusive representative revoked by the Prince George’s County Memorial Library System and the certified bargaining agent, employee organization, and any other employee organization that violates any provision of this paragraph is ineligible to be designated as exclusive representative for a period of 2 years after the violation.
If a certified bargaining agent or an employee organization violates any provision of this paragraph, the Prince George’s County Memorial Library System shall stop making payroll deductions for dues of the organization for 1 year after the violation.
In this subsection the following words have the meanings indicated.
“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.
“Mandatory set–asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.
“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.
“Minority business enterprise” means any business enterprise:
That is at least 51 percent owned by 1 or more minority individuals; or
In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and
Whose management and daily business operations are controlled by 1 or more minority individuals.
“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.
“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.
“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.
The Board of Trustees of the Prince George’s County Memorial Library System shall undertake and complete an internal and market fact–finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact–finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.
If the fact finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”.
In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to:
Mandatory set–aside procedures;
Mandatory subcontracting procedures with reasonable waiver provisions;
The application of bonus points;
The application of percentage points;
Restrictive bidding;
Restrictive price quotations;
The reduction or waiver of bonding requirements; and
Incentives to encourage maximum participation by:
Small businesses;
A variety of different businesses; and
Businesses located within Prince George’s County.
The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.
It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this subsection.
The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.
The program shall be evaluated every 2 years.
The results of any evaluation under this paragraph shall be submitted to the Prince George’s County Delegation of the General Assembly.
In Garrett County, the public library system operated by the Board of Trustees shall be known as the Ruth Enlow Library of Garrett County.
Except as provided in paragraph (3) of this subsection and subsection (g) of this section, each board of library trustees consists of seven appointed members appointed by the county governing body from nominees submitted by the board of library trustees.
A board that existed before 1945 under a corporate charter may continue as constituted if:
It has at least seven appointed members;
The appointed members are chosen on the basis of character, ability, and demonstrated interest in library matters; and
The appointed members meet the qualifications required under subsection (b) of this section.
In Harford County, the Board of Trustees consists of at least 7 appointed members, but not more than 11 appointed members, appointed by the county governing body from nominees submitted by the Board of Trustees.
The appointed members of the board shall be:
Representative of the area the library serves; and
Residents of the county that the library serves.
Except as provided in subsections (d) and (e) of this section, an appointed member of a board serves for a term of 5 years and until a successor is appointed and qualifies.
The terms of the appointed members are staggered as required by the terms of the appointed members serving on the board as of July 1, 1978.
Except as provided in paragraph (4) of this subsection, an appointed member may be reappointed but may not serve more than two consecutive terms.
An appointed member appointed to fill a vacancy in an unexpired term:
Serves only for the remainder of that term and until a successor is appointed and qualifies; and
Is eligible for appointment to serve two additional consecutive terms.
An appointed member of the Board of the Prince George’s County Memorial Library System may serve an unlimited number of consecutive terms of office.
In Charles County, an appointed member of the Board serves for a term of 4 years.
In Harford County, an appointed member of the Board serves for a term of 5 years, beginning on July 1, and until a successor is appointed and qualifies.
Each member of a board serves without compensation.
A board may provide for the selection of a student member of the board in accordance with this subsection.
A student member shall be selected by a process established by the board.
The student member of a board shall:
Be a junior or senior year student enrolled in a public or nonpublic high school or a home instruction program in the county that the library serves, who is of good character and, in the case of a student enrolled in a public or nonpublic high school, is in good standing in the student’s high school;
Be selected in the student’s sophomore or junior year by a method established by the board;
Have an interest in library matters; and
Serve a term of 1 year.
A student member selected to fill a vacancy in an unexpired term:
Serves only for the remainder of that term and until a successor is selected and qualifies; and
Is eligible for selection for a full term if the student meets the eligibility requirements under paragraph (3) of this subsection.
Subject to subparagraph (ii) of this paragraph, a student member of a board may vote on all policy matters before the board.
A board may adopt a policy or bylaw to authorize a student member to vote on additional nonpolicy matters before the board.
Each year, each board of library trustees:
Shall elect one of its appointed members as its chair; and
May elect any other officer it requires from among the appointed members of the Board.
The treasurer of each board of library trustees shall be bonded adequately.
Each board of library trustees may determine the time and place of its meetings and may adopt rules for the conduct of its meetings. However:
Each board shall meet at least once every 3 months;
Any final action of a board shall be taken at a public meeting; and
The minutes of board meetings shall be open to the public.
Any member of a board of library trustees who fails to attend at least half of the scheduled meetings of the board during any calendar year shall be considered to have resigned from the board.
The chair of the board of library trustees shall report the member’s name and nonattendance to the county governing body by January 15 of the following year.
The county governing body may reject the resignation if the member explains his nonattendance satisfactorily.
The resignation is effective from the date of the final review by the county governing body, which shall be within 10 days after it receives the report from the chair of the board of library trustees. The county governing body shall fill any resulting vacancy as provided in § 23–403 of this subtitle.
In addition to any other powers granted or duties imposed by this subtitle, each board of library trustees has the powers and duties set forth in this section.
Except as provided in paragraph (2) of this subsection, each board of library trustees:
Shall establish and operate the library to provide free services to residents of the county in which it is located; and
May permit persons outside of the county to use the library facilities on the terms and conditions it determines.
In Baltimore City and Baltimore, Charles, Montgomery, and Prince George’s counties, the board of library trustees in each of these counties may permit a library to charge fees for the rental of media.
Each board of library trustees may:
Establish and operate libraries at any location in the county;
Determine the policy of the library; and
Adopt reasonable rules, regulations, and bylaws for the use of the library and the conduct of its business.
Each board of library trustees may:
Advise in the preparation of, and approve, the library budget;
Receive, account for, control, and supervise, under the rules and regulations of the county governing body, the spending of all public funds received by the library; and
Use the services of the fiscal agencies of the county governing body.
Each board of library trustees shall:
Provide for an audit at least annually, by an accountant approved by the State Librarian of its business and financial transactions and of the accounts of its treasurer;
Make public the results of the annual audit; and
Make an annual report to the county governing body and the State Librarian on or before November 1 of each year, except that a county having a population of more than 500,000 and having a county library agency as provided by § 23–401(b) of this subtitle shall submit their report by January 1. The report shall show:
The amounts of money received from the library fund and other sources;
The itemized expenses;
The number of books and periodicals the library has;
The results of the annual audit; and
Any other information the State Library Board requires.
Each board of library trustees may:
Accept any gift, grant, or appropriation for library purposes from any person under any appropriate terms and conditions;
Own and dispose of these gifts, grants, and appropriations;
Recommend to the county governing body the acquisition, use, or conveyance of property, for any purpose valid under this subtitle;
Select the location of and approve plans for the erection of library buildings, subject to the approval of the county governing body;
Make contracts for any library service with any person; and
Do anything else necessary for the proper control and development of the library.
Each board of library trustees:
Shall select and appoint a professional librarian eligible for certification as director of the library to serve at the pleasure of the board; and
May delegate to the director its authority to appoint any other necessary employees.
Each board of library trustees shall establish policies for:
Staff classification;
Salaries;
Work conditions;
Suspension with pay;
Grievance procedures;
Benefits, including vacation and sick leave;
Hours of work; and
Any other personnel procedures and practices necessary for the efficient operation of the library.
Each professional public librarian appointee to the professional library staff:
Shall hold a certificate of library qualifications issued by the State Superintendent; or
Shall be eligible for State certification as a professional public librarian; and
Shall apply for certification within 6 months of starting employment.
The director or the director’s designee may suspend a library employee without pay for a specified period up to 10 working days, for the following reasons:
Misconduct in office;
Insubordination;
Incompetency; or
Willful neglect of duty.
The director or the director’s designee shall give the suspended employee a written statement that specifies the reasons for the suspension.
The director or the director’s designee shall place a copy of the written statement that specifies the reasons for the suspension in the employee’s official personnel file.
The employee shall have the opportunity to reply in writing to the director within 10 working days after the employee receives notice of the suspension.
The employee may request a hearing before the board of trustees within 10 working days after receiving notice of the suspension.
If the employee requests a hearing within the 10–day period, the board shall promptly hold a hearing, but a hearing may not be set within 10 working days after the board sends the employee a notice of the hearing.
If an employee is suspended without pay and found not guilty of the reasons for the suspension, the board shall refund all pay benefits lost by reason of the suspension to the employee.
Suspension of an employee with pay shall be as provided by the library’s personnel policy.
On written recommendation of the library director, each board of library trustees may dismiss any library employee under its jurisdiction for any of the following reasons:
Misconduct in office;
Insubordination;
Incompetency; or
Willful neglect of duty.
Before removing an employee, the director shall send the employee a written copy of the charges against the employee and give the employee an opportunity to request a hearing before the board within 10 working days.
If the employee requests a hearing within the 10–day period the board promptly shall hold a hearing, but a hearing may not be set within 10 working days after the board sends the employee a notice of the hearing.
The employee shall have an opportunity to be heard publicly before the board in his own defense, in person or by counsel and to bring witnesses to the hearing.
If the board votes to remove the employee and:
The decision is unanimous, the decision of the board is final; or
The decision is not unanimous, the employee may appeal to the State Library Board through the State Librarian.
If the board of library trustees adopts a written policy consistent with the State standards for libraries, an employee may not be dismissed, suspended, disciplined, demoted, reassigned, transferred, or otherwise retaliated against for performing their job duties consistent with the adopted written policy.
The director of each library shall:
Act as the general executive officer of the library and be responsible for the management of its operations in accordance with policies approved by the board of library trustees;
Prepare the annual budget of the library, and present it to the board for approval;
Nominate for appointment all library employees in the county library system; and
Establish reasonable rules and adopt regulations for the use of the library system subject to approval by the board of library trustees.
The board of library trustees of any library may use volunteer aides. These volunteer aides may not replace library personnel but shall assist regular personnel in carrying out their duties. Each board of library trustees shall develop guidelines for the selection and use of volunteer aides in its library system. Volunteer aides shall be considered agents of the board of library trustees for the limited purpose of comprehensive liability insurance coverage.
A person may not unlawfully take, detain, mutilate, injure, or disfigure any book, map, picture, engraving, manuscript, or other property of any library.
Any person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250, imprisonment not exceeding 3 months, or both.
In this section the following words have the meanings indicated.
“Overdue fine” means any amount charged by a public library to an individual for failure to return library materials by the end of the loan period.
“Replacement fee” means any amount charged by a public library to an individual for the replacement of library materials that have not been returned or have been returned in a damaged condition at the time the fee is issued.
“Reserve fee” means any amount charged by a public library to an individual for failure to collect library materials that have been placed on hold or reserved.
“Special collections” includes library materials such as cake pans, tools, framed art, and other groups of library materials that possess unique value and requirements for use, as designated by the public library.
This section does not apply to special collections.
A public library may not charge an overdue fine:
To a minor; or
For library materials intended for children or teens.
A public library may not charge a reserve fee:
To a minor; or
For reserved library materials intended for children or teens.
This paragraph applies to previously borrowed library materials that were:
Borrowed by a minor; or
Intended for children or teens.
A public library may not prohibit an individual from borrowing library materials because the individual failed to return previously borrowed library materials until 21 days or more after the date the library materials were due.
A public library may not charge a replacement fee until 21 days after the date on which the library materials were due:
To a minor; or
For library materials intended for children or teens.
If overdue library materials borrowed by a minor or intended for children or teens are returned in a nondamaged condition after a public library has charged a replacement fee, the public library shall cancel the replacement fee.
If overdue library materials borrowed by a minor or intended for children or teens are returned in a nondamaged condition within 6 months after a replacement fee has been paid, the public library shall refund the replacement fee.
Each board of library trustees shall adopt regulations to carry out this section.
Each public library must offer at least one of the following services alone or in partnership with units of government or nonprofit organizations:
A program designed to increase early childhood literacy and learning, school readiness, literacy proficiency, and student success;
An educational program that advances information literacy, technology instruction and skills, and economic, career, and workforce development;
An initiative that increases digital equity and access to the Internet;
Serving as a community resource and distribution site during public emergencies; and
Support for mental health and personal well–being.
In this subtitle the following words have the meanings indicated.
“Adjusted assessed valuation of real property” means the most recent estimate by the State Department of Assessments and Taxation before the State budget is submitted to the General Assembly, of the sum of 100 percent of the assessed valuation of operating real property of public utilities and 50 percent of the assessed value of all other real property for State purposes as of July 1 of the first completed fiscal year before the fiscal year for which the calculation of State library aid is made under this subtitle.
“Capital expense” means principal and interest payments, or current capital spending or accumulation for:
The purchase of land for libraries;
The purchase and construction of library buildings;
Remodeling and adding to library buildings; and
The purchase of equipment and furniture for these library buildings.
“Net taxable income” means the amount certified by the State Comptroller for the second full calendar year before the fiscal year for which the calculation of State library aid is made under this subtitle, based on tax returns filed on or before July 1 after that calendar year.
“Population” means population determined from figures available as of July 1 of the calendar year before the fiscal year for which the calculation is made, from:
The latest decennial census; or
Estimates prepared by the Maryland Department of Health.
“Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article.
“Wealth” means the sum of net taxable income and adjusted assessed valuation of real property.
There is a county-State minimum library program for the support and growth of public libraries.
The State shall share in the current operating and capital expenses of the county public library systems that participate in the minimum library program.
The entire capital and operating cost of the minimum library program for this State as a whole shall be shared as provided in this subsection.
Subject to subsection (d) of this section, the State shall provide:
Approximately 40 percent of the total cost of the minimum program; and
Not less than 20 percent of the cost of the minimum program in any county.
The counties participating in the program together shall provide through local taxes approximately 60 percent of the total statewide cost of the minimum program.
Subject to subsection (d) of this section, each county public library system that participates in the minimum library program shall be provided for each resident of the county, to be used for operating and capital expenses:
For fiscal year 2022 – $17.10;
For fiscal year 2023 – $17.50;
For fiscal year 2024 – $17.90;
For fiscal year 2025 – $18.30;
For fiscal year 2026 – $18.70;
For fiscal year 2027 – $19.10;
For fiscal year 2028 – $19.50;
For fiscal year 2029 – $19.92;
For fiscal year 2030 – $20.32;
For fiscal year 2031 – $20.74; and
For fiscal year 2032 and each fiscal year thereafter – $21.15.
Subject to subsection (d) of this section, the State shall share in this amount.
Any county may provide an amount greater than its share under the cooperative program, but the State may not share in the excess.
Any employer Social Security contributions required by federal law for any employee in a county public library system shall remain the obligation of the employer.
Receipt of State funding for a county library system that participates in the minimum library program under this section is contingent on the board of library trustees adopting a written policy for operation of the county library system that is consistent with the State standards for libraries.
The Comptroller shall withhold all State funds from a county library system that the State Library Board certifies has failed to meet the State standards for libraries.
The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the county library system has adopted a written policy consistent with the State standards for libraries.
Subject to paragraph (2) of this subsection, a public library shall reimburse the State annually for the employer contributions made by the State for an employee who:
Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and
Is receiving a salary funded by a source other than State or local aid.
To the extent that an employee’s salary is funded in part by sources other than State or local aid, the public library shall reimburse the State a pro rata share of the State’s payment based on the percentage of the employee’s salary funded by a source other than State or local aid.
To ensure that each public library is properly reimbursing the State as provided under subsection (a) of this section, the State Library Board or, at the State Library Board’s request, a public library may at any time examine the records of public libraries to determine whether the State’s payments for retirement contributions for employees of the public libraries are in accordance with the provisions of Division II of the State Personnel and Pensions Article.
An audit conducted under paragraph (1) of this subsection may be:
Included with an existing annual financial audit as a supplemental part and tested independently;
Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or
Conducted as a separate independent audit.
If an examination of the records of a public library shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the library of the State overpayment, the public library may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner.
The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment.
If a public library does not appeal to the Secretary of Budget and Management or if the Secretary of Budget and Management determines that the State is due reimbursement for excess payments as provided in paragraph (1) of this subsection, at the request of the State Library Board the money owed shall be deducted from any other State funds that would otherwise be paid to the public library.
For purposes of the Administrative Procedure Act, an appeal taken under this section is not a contested case.
Any reimbursements under subsection (a) of this section:
Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the State Library Board or the public library for the expenses of the audits; and
After reimbursement to the State Library Board or public library under item (i) of this paragraph, shall be credited to the General Fund.
If an audit under this section is performed by a public library, before the public library is reimbursed under paragraph (1)(i) of this subsection, the public library shall provide documentation to the State Library Board that the incremental costs of the audit incurred by the public library are reasonable.
To be eligible for its State share of the minimum program, a county government shall levy an annual tax sufficient to provide an amount for library purposes equal to:
The wealth of the county; times
A uniform percentage, rounded to the fifth decimal place equal to:
60 percent of the total minimum program for current and capital expenses to be shared for all counties; divided by
The total wealth of all the counties.
The State share of the minimum program for current and capital expenses for each county is the difference between the county share calculated under subsection (a) of this section and the minimum program for current and capital expenses to be shared under § 23-503 of this subtitle.
Not more than 20 percent of the county and State shares may be applied to capital expenses.
The county appropriation for capital expenses may include funds from any source except the State.
The State Librarian shall authorize the payment of funds under this subtitle:
To the board of library trustees of each county that has a board of trustees; or
In each county that does not have a board of library trustees, to the county.
Current operating funds shall be administered by the county board of library trustees.
Capital expense funds shall be administered by the county council, board of county commissioners, or Mayor and City Council of Baltimore City.
The funds provided under this subtitle may be used only for library purposes.
The State Librarian shall require that these funds be used subject to:
The adoption of a written policy for operation of the county library system consistent with the State standards for libraries by each board of library trustees or, if the county does not have a board of library trustees, the county government; and
Any other conditions specified by the appropriating agency or imposed under this subtitle.
In this section the following words have the meanings indicated.
“Child pornography” means a violation of § 11–207 of the Criminal Law Article.
“Obscene” has the meaning stated in § 11–203 of the Criminal Law Article.
On or before January 1, 2001, each county or board of trustees of a county library shall:
Adopt and implement policies and procedures to prevent minors from obtaining access through the library, by means of the Internet, the World Wide Web, Usenet, or any other interactive computer service to materials that are obscene or constitute child pornography; and
Submit the policies and procedures required under this section to the State Librarian for review.
The State Librarian or a designee of the State Librarian shall regularly monitor the county libraries to determine whether each library is complying with the policies and procedures adopted for preventing a minor from obtaining Internet access to obscene materials through the library.
The State Librarian shall authorize the State Comptroller to withhold State funds from any county that fails:
To appropriate the amount of its share of the minimum program; or
To meet the requirements of the law or of the State Library Board for operating the county library.
The Comptroller shall withhold all State funds from a county that the State Library Board certifies has failed to operate the county library system consistent with the State standards for libraries.
The Comptroller shall continue to withhold funds under paragraph (1) of this subsection until the State Library Board certifies that the county has adopted a written policy for the operation of the county library system consistent with the State standards for libraries.
Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.
In this section the following words have the meanings indicated.
“Capital project” means the:
Acquisition of land or buildings for a county library; or
Construction or improvement of a county library.
“Construction or improvement” means planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping.
“County library” means a library in a county public library system in the State.
“State Library Agency” means the Maryland State Library Agency.
There is a State grant program for county public library capital projects in the State Library Agency.
The grant program is in addition to the county–State minimum library program established under § 23–502 of this subtitle.
The State Library Agency shall develop and administer a grant program to assist in the funding of county library capital projects.
The purpose of the grant program is to:
Provide a uniform and objective analysis of proposed capital projects; and
Support projects that address the library needs in the State.
Grants under the program:
Require a matching fund from any combination of county, municipal, or private sources; and
May not be for an amount less than $20,000.
On or before July 15 of each year, a county public library system may submit applications to the State Library Agency to receive grants for county library capital projects for the next fiscal year.
In order to apply for a capital project grant, a county public library system shall have:
A countywide library plan that includes a mission statement, needs statement, and multiyear goals and objectives on file with the State Library Agency; and
A master plan that includes a description of the capital project approved by the applicant’s governing body.
An application shall include:
A description of the scope and purpose of the project;
A building plan that includes the estimated total cost of the project; and
Any other information required by the State Library Agency.
A county public library system may not apply for more than three capital project grants in a fiscal year.
The State Library Agency shall review grant applications submitted in accordance with subsection (d) of this section.
On or before October 1 of each year, the State Library Agency shall make recommendations to the State Library Board regarding capital project grants for the next fiscal year.
In making its recommendations, the State Library Agency shall consider:
The public necessity and urgency of a project;
The need for additional sources of funding for a project;
The estimated cost and timeliness of executing a project;
The viability of matching funds for a project; and
Geographic diversity.
On or before November 1 of each year, the State Library Board shall:
Approve capital projects for funding in the State budget for the next fiscal year; and
Forward the list of approved capital projects to the Department of Budget and Management.
For each of fiscal years 2008 through 2021, the Governor shall include in the annual operating or capital budget submission $5,000,000 for county library capital projects.
For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual operating or capital budget submission $7,500,000 for county library capital projects.
The State share percentage for a county library capital project approved under this section shall be calculated by dividing the State share of the minimum program for a county calculated under § 23–505(b) of this subtitle by the library program amount for a county calculated under § 23–503(b) of this subtitle, and multiplying this quotient by 1.25.
The minimum State share of a county library capital project is 50%.
The maximum State share of a county library capital project is 90%.
The State Library Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on or before October 1 of each year, on State grants awarded for county public library capital projects for the prior fiscal year.
The State Library Board shall adopt regulations to implement the grant program established under this section.
In this subtitle the following terms have the meanings indicated.
“Electronic literary product” means:
A text document that has been converted into or published in a digital format that is read on a computer, tablet, smart phone, or other electronic device; or
An audio recording of a text document, read out loud in a format that is listened to on a computer, tablet, smart phone, or other electronic device.
“Publisher” means a person in the business of manufacturing, promulgating, and selling books, audio books, journals, magazines, newspapers, or other literary productions, including those in digital form, that consist of text, imagery, audio recordings, or any combination of text, image, and audio recording.
“Unfair, abusive, or deceptive trade practices” has the meaning stated in § 13–301 of the Commercial Law Article.
Subject to subsections (b) and (c) of this section, a publisher who offers to license an electronic literary product to the public also shall offer to license the electronic literary product to public libraries in the State on reasonable terms that would enable public libraries to provide library users with access to the electronic literary product.
The terms of a license under subsection (a) of this section may include:
A limitation on the number of users a public library may simultaneously allow to access an electronic literary product;
A limitation on the number of days a public library may allow a user to access an electronic literary product; and
The use of technological protection measures that would prevent a user from:
Maintaining access to an electronic literary product beyond the access period specified in the license; and
Allowing other users to access an electronic literary product.
The terms of a license under subsection (a) of this section may not include a limitation on the number of electronic literary product licenses a public library may purchase on the same date the electronic literary product license is made available to the public.
A violation of this subtitle shall constitute an unfair, abusive, or deceptive trade practice and is subject to enforcement in accordance with Title 13, Subtitle 4 of the Commercial Law Article.
In this subtitle the following words have the meanings indicated.
“Board” means the Baltimore County Public Library Board of Trustees.
“Certified exclusive representative” means the employee organization that has been certified as the collective bargaining agent for a bargaining unit.
“Confidential employee” means an employee who:
Has access to confidential information, including budgetary and fiscal data, subject to use by the employer in collective bargaining or in the adjudication of grievances; or
Works in a close and continuing confidential relationship assisting or aiding a management employee.
“County Council” means the Baltimore County Council.
“County Executive” means the Baltimore County Executive.
“Director” means the Director of the Baltimore County Public Library, or the Director’s designee.
“Employee” means a full–time or part–time employee of the library.
“Employee” does not include a confidential employee or management employee.
“Employee organization” means an organization that admits employees of the employer as members and has as a primary purpose the representation of the employees in their relations with the employer.
“Employer” means the Baltimore County Public Library and the Board.
“Management employee” means an employee who generally has authority and who:
Formulates policy that is applicable throughout a bargaining unit;
Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for the employer; or
May reasonably be required to:
Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or
Have a major role in the administration of resulting collective bargaining agreements.
“Supervisory employee” means an employee who is authorized to:
Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees;
Responsibly direct employees for more than 50% of the employee’s working hours; or
Address and resolve the grievances of employees.
There may not be more than two bargaining units established under this subtitle, including:
One bargaining unit for employees who are not supervisory employees; and
One bargaining unit for supervisory employees.
This subtitle may not be construed to modify or terminate:
A bargaining unit that was recognized or in existence on or before June 30, 2026; or
A collective bargaining agreement entered into on or before June 30, 2026.
An employee who may effectively recommend an action listed in § 23–801(k) of this subtitle may be deemed a management employee if the employee’s exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature.
The exercise of any single function listed in § 23–801(k) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a management employee within the meaning of the definition.
In differentiating a management employee from a nonmanagement employee:
A class title alone may not be the basis for determination; and
The nature of the management employee’s work, including whether or not a significant portion of the management employee’s working time is spent as part of a team that includes nonmanagement employees shall be considered.
Employees of the employer may:
Form, join, and participate in an employee organization;
Bargain collectively through a certified exclusive representative of their choice;
Engage in lawful concerted activities for their mutual aid and protection; and
Refrain from any activity covered under items (1) through (3) of this section.
The employer and the certified exclusive representative have a responsibility to engage in good faith bargaining over matters required by law.
The employer and the certified exclusive representative jointly shall be responsible for fostering a positive labor relations environment based on mutual trust, respect, communication, and cooperation.
The goal of collective bargaining is the delivery of quality public services to the residents of the State in a manner that is consistent and compliant with law.
The employer shall recognize the right of the certified exclusive representative to represent the employees in the unit in collective bargaining and in the grievance process.
The certified exclusive representative of a unit shall:
Serve as the sole agent for the unit in collective bargaining; and
Represent all employees in the unit fairly and in good faith, in a manner that is not arbitrary or discriminatory.
An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the Director indicating this intent.
The petition may only be filed in the month of September.
The petition shall contain:
A request that the Board recognize the employee organization as the exclusive representative of the employees in the bargaining unit;
A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment;
A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, sex, sexual orientation, gender identity, age, political affiliation, national origin, religion, marital status, or disability; and
A statement that the employee organization has in its possession written proof dated not more than 9 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit have designated the employee organization to represent them in their employment relations with the employer.
Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section.
The employee organization and the employer shall equally bear any costs associated with the verification.
When an employee organization or employees in a bargaining unit file a petition with the Director, the employee organization or employees shall submit to a neutral decision maker from the Federal Mediation and Conciliation Service the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 9 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the library system administration.
The employee organization shall copy the Director on the request for a neutral decision maker in order for the library system to receive notice of the selection of the neutral decision maker for the certification process.
Not more than 7 calendar days after the day on which the Director receives notice of the assignment of a neutral decision maker by the Federal Mediation and Conciliation Service, the Director shall submit to the neutral decision maker a list of employees in the bargaining unit.
If the Director fails to submit the list of employees to the neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization.
The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the Director.
If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the Director of the determination.
If the Director disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees in the bargaining unit, the parties shall refer the issue immediately to a neutral decision maker from the Federal Mediation and Conciliation Service to resolve the issue.
The neutral decision maker shall hold a hearing on the issue referred under paragraph (1) of this subsection with the interested parties presenting evidence with respect to their positions on the issue of the inclusion or exclusion of the employees in question.
The neutral decision maker’s findings shall be final and binding on both parties.
An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit.
After a decision on disputed employee inclusion or exclusion, if required, the Director shall notify all employees within the bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot.
The ballot for an election shall include the following choices:
In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and
No exclusive representation.
An employee organization may intervene in the election and have its name placed on the ballot if:
The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed;
The employee organization certifies that at least 30% of the employees of the unit have designated the employee organization to represent them in their employment relations with the library system administration; and
The showing of interest is verified as provided in this section.
The election shall be conducted according to the procedures established by the Federal Mediation and Conciliation Service neutral decision maker conducting the election.
An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held.
If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast.
The choice receiving the majority of the valid votes cast in the runoff election shall be certified.
The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen.
If employees are represented by an employee organization, employees may file a petition with the Director that contains the following:
An assertion that the majority of the employees no longer wish to be represented by the employee organization;
A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and
A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit.
The petition shall be processed as described in this section, including verification of proof of interest and an election.
An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.
If an employee organization is certified as described in this subtitle, the employer and the employee organization shall enter into a collective bargaining agreement that contains provisions regarding:
Wages, hours, and terms and conditions of employment;
The orderly processing and settlement of grievances regarding the interpretation and implementation of the collective bargaining agreement; and
Other topics that the parties may mutually agree to that were suitable for bargaining.
The employer automatically shall deduct from the paycheck of an employee, who is a member of the bargaining unit represented by the certified exclusive representative, dues authorized and owed by the employee to the certified exclusive representative if the employee submits to the employer a dues deduction authorization card that has been duly executed by the employee.
Any dues deducted from paychecks under paragraph (1) of this subsection shall be remitted to the certified exclusive representative.
The employer automatically shall stop making payroll deductions under paragraph (1) of this subsection on behalf of a certified exclusive representative if:
The certified exclusive representative is decertified;
The certified exclusive representative’s right to dues is revoked;
The employee ceases to be a member of the bargaining unit represented by the certified exclusive representative; or
The employee resigns from membership in the employee organization.
This section may not be construed to:
Authorize or otherwise allow an employee to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; or
Restrict the authority of the County Executive or the County Council to determine the budget of the employer.
A collective bargaining agreement entered into under subsection (a) of this section shall be effective on ratification by the majority of votes cast by the employees in the bargaining unit and approval by the Director and Board.
A single year or multiyear collective bargaining agreement shall expire at the close of Baltimore County’s fiscal year.
Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by March 1 of the year in which a collective bargaining agreement will expire.
The employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire.
An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by:
March 1 of the year in which a collective bargaining agreement will expire; or
If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section.
If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall submit a final offer to the other party within 48 hours after the impasse is reached.
Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section.
Within 30 days after a mediator is selected by the parties, the mediator shall:
Meet with the Director and the certified exclusive representative; and
Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection.
If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service.
Within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection.
The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by:
Conducting proceedings in accordance with this subsection;
Reviewing the final positions of the parties;
Identifying the major issues in the dispute between the parties;
Reviewing the positions of the parties; and
Recommending a resolution for the agreement of the parties.
A resolution under this subsection:
Shall address matters such as wages, hours, or terms and conditions of employment;
May not include health care benefits; and
May not exceed 1 fiscal year, unless agreed to by the parties.
Any resolution under this subsection regarding pension benefits shall be construed as a recommendation to or consideration for the appropriate pension administrator of the State or Baltimore County.
Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors:
The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit;
The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable jurisdictions to Baltimore County in the State, taking into consideration the cost of living index for the area in which the comparable department is located;
Wages and pension benefits of similarly situated Baltimore County employees;
The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore area;
The special nature of the work performed by the employees of the bargaining unit, including:
Physical requirements of employment;
Educational requirements;
Job training and job skills; and
Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable jurisdictions to Baltimore County;
State and county mandated expenditures;
Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and
The interest and welfare of the public.
In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of Baltimore County and the Baltimore County Spending Affordability Committee Report.
A mediator may not:
Recommend a wage increase without approval of the County Executive and County Council;
Recommend a pension benefit increase without approval of the appropriate pension administrator of the State or Baltimore County; or
Consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds.
The parties are strongly encouraged to reach an agreement on all issues whenever possible.
If no agreement can be reached by the parties, the mediator shall issue a report with the mediator’s decision, including written findings of fact.
The mediator may adopt a package of final positions or rule on each matter separately.
Copies of the mediator’s written findings and recommendations shall be submitted to the Director and the certified exclusive representative on or before the immediately following April 2.
Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative.
This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time.
The County Executive is not bound by any decision made under this subsection and shall act in accordance with this section.
The County Council may accept or reject the recommendation of approval by the County Executive.
This subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution.
The Director shall submit the findings and recommendations of the mediator to the Board in a timely manner consistent with the timing of paragraph (2) of this subsection.
The Board shall approve all recommendations and findings of the mediator that do not relate to a financial issue or require an appropriation of additional funds within 5 days of the mediator’s decision.
The Board shall submit a term of a collective bargaining agreement or memorandum of understanding entered into under §§ 23–808 and 23–809 of this subtitle to the County Executive with the Board’s recommendation regarding whether the agreement or the mediator’s decision requires an appropriation of additional funds.
The County Executive may approve or reject a request for additional funding under subsection (a) of this section, in whole or in part.
If the County Executive approves a request under paragraph (1) of this subsection, the County Executive shall submit the request for additional funds to the County Council.
The County Council may approve or reject a request for additional funding, in whole or in part.
If any part of a request for additional funding submitted to the County Executive or County Council under this subsection is rejected, the request for additional funds shall be returned to the employer and the certified exclusive representative for renegotiation within the limits of the funding allocated by the County Executive and County Council.
The renegotiation shall be completed within a timetable established by the County Executive.
If an impasse is reached, the employer and the certified exclusive representative shall submit a final offer, within the limits of the funding allocated by the County Executive and County Council, for the review of the County Executive.
The County Executive shall select one of the offers submitted under subparagraph (i) of this paragraph.
The selection of the County Executive is binding on all parties.
The employer and the certified exclusive representative are mutually obligated to:
Meet at reasonable times in consideration of the county’s budget submission date; and
Negotiate in good faith on:
Wages, hours, and terms and conditions of employment; and
Drafting a written collective bargaining agreement that contains all matters agreed on and signed by authorized representatives of both parties.
The obligation to negotiate in good faith under paragraph (1)(ii) of this subsection:
Requires that an effort be made by both parties to arrive at an agreement and reduce the agreement to writing within a reasonable period of time; and
Does not require that any concession be made by either party.
The employer may not:
Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;
Dominate, interfere with, assist in the formation, administration, or existence of, or contribute financial assistance or other support to an employee organization;
Encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment; or
Refuse to bargain in good faith with an employee organization that is the exclusive representative of the employees.
An employee organization may not:
Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;
Cause or attempt to cause the employer to discriminate against an employee because the employee exercises a right under this subtitle;
Discipline or fine a member of the employee organization as punishment or reprisal;
Discipline or fine a member of the employee organization for the purpose of impeding the member’s work performance; or
Refuse to bargain in good faith with the employer or to participate in good faith in a procedure under this subtitle.
An employee who is a member of a bargaining unit with a certified exclusive representative may, without the intervention of an employee organization, discuss any matter with the employer.
This subsection does not waive the right of the employee organization to be the exclusive bargaining representative for issues related to wages, hours, and working conditions and is not intended to create an alternate path to alter terms and conditions of the collective bargaining agreement between the parties.
Notwithstanding any other provisions of law, it is the exclusive right of the employer to:
Determine the purposes and objectives of each of its constituent offices and departments;
Set standards of services to be offered to the public;
Exercise control and discretion over its organization and operations; and
Determine the methods, means, personnel, and other resources by which the employer’s operations are to be conducted, including:
The use of volunteers; and
The contracting out of work if considered necessary.
Subject to applicable provisions of a collective bargaining agreement and in accordance with the Baltimore County Charter and other applicable laws, the employer may:
Direct its employees;
Hire, promote, transfer, assign, or retain employees;
Establish reasonable work rules; and
Demote, suspend, discharge, or take any other disciplinary action against its employees for just cause.
The provisions of this section shall be deemed to be part of every agreement executed between the employer and a certified exclusive representative.
This section may not be construed to deny the right of an employee to submit a grievance with regard to the employer’s exercise of its rights under this section.
Except as otherwise provided by law, if employees have entered into a collective bargaining agreement with the employer under this subtitle, the collective bargaining agreement entered into supersedes any conflicting regulation or administrative policy of the employer.
In this section the following words have the meanings indicated.
“Lockout” means the temporary withholding of work, by means of shutting down an operation or function in order to bring pressure on employees or on their representatives to accept a change in compensation or rights, privileges, obligations, or other terms and conditions of employment.
“Secondary boycott” means an activity by an employee organization or its members that is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with the county.
“Strike” means the refusal or failure by an employee or group of employees to perform their duties of employment as assigned if a purpose of the refusal or failure is to induce, force, or require the employer to act or refrain from acting with regard to any matter.
“Work stoppage” means:
The willful absence of a group of employees from their positions;
The engaging in a slowdown by employees; or
The refusal of employees to perform job duties.
In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited.
Employees and employee organizations may not engage in, sponsor, initiate, support, direct, or condone a strike, work stoppage, or secondary boycott.
Employee organizations may not engage in, initiate, sponsor, or support, directly or indirectly, picketing of the employer, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott.
If an employee organization violates this section, the Board, after a majority vote, may:
Revoke the employee organization’s designation as certified exclusive representative;
Disqualify the employee organization from participating in representation elections for a period of up to 2 years; and
Terminate immediately the payroll deductions for the employee organization’s dues.
An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the employment by the employer for just cause.
The employer may not direct a lockout against employees.
This subsection may not be construed to prohibit the employer from exercising its managerial rights.
In this subtitle the following words have the meanings indicated.
“Certified exclusive representative” means the employee organization that has been certified as the collective bargaining agent for a bargaining unit.
“Certified exclusive representative” includes an employee organization certified to exclusively represent public library employees before July 1, 2024.
“Confidential employee” means an employee who:
Is required to develop or present management positions with respect to employer–employee relations; and
Whose duties normally require access to confidential information that contributes significantly to the development of the management positions with respect to employer–employee relations.
“Director” means the director, chief executive officer, or chief officer of the applicable public library system, or the designee of the director, chief executive officer, or chief officer.
“Employee” means a full–time or part–time employee of a public library system.
“Employee” does not include a confidential employee, management employee, or supervisory employee.
“Employee organization” means an organization that admits employees of the employer as members and has as a primary purpose the representation of the employees in their relations with the employer.
“Employer” means a public library system and, where applicable, the board of trustees for the public library system.
“Funding body” means:
For a charter county that does not have an elected chief executive officer, the county council;
For a charter county that has an elected chief executive officer, the governing body of the county, as provided by the county charter; or
For a code or commission county, the county commissioners; or
For Baltimore City, the Mayor and City Council of Baltimore City.
“Management employee” means an employee who generally has authority and who:
Formulates policy that is applicable throughout a bargaining unit;
Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for the employer; or
May reasonably be required to:
Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or
Have a major role in the administration of resulting collective bargaining agreements.
“Public library system” means a county public library system.
“Public library system” includes the Enoch Pratt Free Library.
“Public library system” does not include the public library system of Baltimore County, Montgomery County, or Prince George’s County.
“Supervisory employee” means an employee who is authorized to:
Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees;
Responsibly direct employees for more than 50% of the employee’s working hours; or
Address and resolve the grievances of employees.
There may be not more than two bargaining units at each public library system including:
One bargaining unit for employees; and
One bargaining unit for supervisory employees.
Except as provided in paragraph (2) of this subsection, a bargaining unit may contain full–time or part–time employees.
A bargaining unit may not include volunteers or temporary employees with less than 90 days of service in a 12–month period.
This subtitle may not be construed to modify or terminate a bargaining unit that was recognized or in existence on or before June 30, 2024.
If an employee organization has been certified under State or local law on or before June 30, 2024, to be an exclusive representative of employees of a public library system, the employer shall accrete all eligible positions into the existing bargaining unit in accordance with this section on request of the exclusive representative.
An accretion under this subsection shall be subject to a showing of interest and election by employees in the accreted positions in accordance with the procedures under § 23–907 of this title.
An employee who may effectively recommend an action listed in § 23–901(i) of this subtitle may be deemed a management employee if the employee’s exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature.
The exercise of any single function listed in § 23–901(i) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a management employee within the meaning of the definition.
In differentiating a management employee from a nonmanagement employee:
A class title alone may not be the basis for determination; and
The nature of the management employee’s work, including whether a significant portion of the management employee’s working time is spent as part of a team that includes nonmanagement employees, shall be considered.
Employees of the employer may:
Form, join, and participate in an employee organization;
Bargain collectively through a certified exclusive representative of their choice;
Engage in lawful concerted activities for their mutual aid and protection; and
Refrain from any activity covered under items (1) through (3) of this section.
The employer and the certified exclusive representative have a responsibility to engage in good faith bargaining over matters required by law.
The employer and the certified exclusive representative jointly shall be responsible for fostering a positive labor relations environment based on mutual trust, respect, communication, and cooperation.
The goal of collective bargaining is the delivery of quality public services to the residents of the State in a manner that is consistent and compliant with law.
The employer shall recognize the right of the certified exclusive representative to represent the employees in the unit in collective bargaining and in the grievance process.
The certified exclusive representative of a unit shall:
Serve as the sole agent for the unit in collective bargaining; and
Represent all employees in the unit fairly and in good faith, in a manner that is not arbitrary or discriminatory.
An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the employer indicating this intent.
The petition shall contain:
A request that the employer recognize the employee organization as the exclusive representative of the employees in the bargaining unit;
A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment;
A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, gender, age, political affiliation, national origin, religion, marital status, or disability; and
A statement that the employee organization has in its possession written proof dated not more than 18 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit:
Have designated the employee organization to represent them in their employment relations with the employer; or
Are members of the employee organization.
Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section.
The employee organization and the employer shall equally bear any costs associated with the verification.
When an employee organization or employees in a bargaining unit file a petition with the employer, the employee organization or employees shall select a neutral decision maker from a referral or list of arbitrators provided by the Federal Mediation and Conciliation Service.
The employee organization or employees in the bargaining unit shall submit to the neutral decision maker selected under subparagraph (i) of this paragraph the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 18 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the public library system administration.
The employee organization shall copy the employer on the request for a neutral decision maker in order for the public library system to receive notice of the selection of the neutral decision maker for the certification process.
Subject to subparagraph (ii) of this paragraph, within 2 calendar days after the day on which the employer receives the petition, the employer shall submit to the employee organization and neutral decision maker:
A list of employees in the bargaining unit that identifies each employee that the employer contends should be excluded as an eligible voter or from the bargaining unit; and
A statement explaining the reason for each exclusion.
If a neutral decision maker has not been selected when the employer is required to submit the list required under subparagraph (i) of this paragraph, the employer shall instead submit the list within 1 calendar day after the neutral decision maker has been selected.
If the employer fails to provide an explanation as required under item (i)2 of this paragraph, the employer may not challenge the eligibility of an employee’s vote in an election or the eligibility to submit a showing of interest form for purposes of subsection (d)(3) of this section.
If the employer fails to submit the list of employees to the employee organization or neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization.
The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the employer.
If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the employer of the determination.
If the employee organization submits a showing of interest of at least 50% of the employees in an unrepresented bargaining unit:
The neutral decision maker shall issue to each participant in an election a certification of representation; and
The employer shall recognize the employee organization as the certified bargaining representative of the employees at issue.
An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit.
The employer shall notify all employees within the proposed bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot.
The ballot for an election shall include the following choices:
In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and
No exclusive representation.
An employee organization may intervene in the election and have its name placed on the ballot if:
The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed;
The employee organization certifies that at least 30% of the employees of the unit:
Have designated the employee organization to represent them in their employment relations with the public library system administration; or
Are members of the employee organization; and
The showing of interest is verified as provided in this section.
Within 15 days after a neutral decision maker is selected, the neutral decision maker shall hold a conference with the parties during which all objections to the petition and the conduct of the election must be raised.
The election shall be conducted:
According to the procedures established by the neutral decision maker from the Federal Mediation and Conciliation Service conducting the election;
Subject to subparagraph (ii) of this paragraph, in consultation with the parties that attended the conference required under paragraph (1) of this subsection; and
Within 90 days after the day of filing the petition with the employer.
An employee organization on a ballot may request a preferred method of voting.
The neutral decision maker shall designate the method of voting based on the request of the employee organizations on the ballot.
If there is a dispute between two or more employee organizations on the ballot over the method of voting, the neutral decision maker may designate the method of voting.
An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held.
If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast.
The choice receiving the majority of the valid votes cast in the runoff election shall be certified.
The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen.
If the employer disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees and classifications of employees in the bargaining unit, all the employees in the petitioned–for group shall have the opportunity to vote in the election.
Subject to paragraph (3) of this subsection, the ballots of challenged employees shall remain sealed and be set aside until the ballots of employees who are not in dispute have been tallied.
If the total number of ballots of challenged employees does not have an impact on the election result:
The parties may not count the ballots of challenged employees; and
The neutral decision maker shall resolve the dispute over the challenged employees after the election is certified through a hearing.
If the total number of ballots of challenged employees does have an impact on the election result, the parties shall immediately refer the dispute to the neutral decision maker from the Federal Mediation and Conciliation Service to resolve the dispute through a hearing.
The neutral decision maker shall hold a hearing on the dispute referred under paragraph (3)(ii) of this subsection:
With the parties presenting evidence on their positions; and
Within 30 days after the election has concluded.
If the neutral decision maker finds that challenged employees are properly included within the bargaining unit, the ballots of the challenged employees shall be counted in the total tally for the election.
The neutral decision maker shall issue a decision within 30 days after the hearing concludes.
The neutral decision maker’s findings shall be final and binding on the parties.
If employees are represented by an employee organization, employees may file a petition with the employer that contains the following:
An assertion that the majority of the employees no longer wish to be represented by the employee organization;
A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and
A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit.
The petition shall be processed as described in this section, including verification of proof of interest and an election.
An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.
If an employee organization is certified as described in this subtitle, the employer and the employee organization shall enter into a collective bargaining agreement that contains provisions regarding:
Wages, hours, and terms and conditions of employment;
The orderly processing and settlement of grievances regarding the interpretation and implementation of the collective bargaining agreement that culminate in final and binding arbitration; and
Other topics that the parties may mutually agree to that were suitable for bargaining.
The employer automatically shall deduct from the paycheck of an employee who is a member of the bargaining unit represented by the certified exclusive representative dues authorized and owed by the employee to the certified exclusive representative if the employee submits to the employer a dues deduction authorization that has been duly executed by the employee.
Any dues deducted from paychecks under paragraph (1) of this subsection shall be remitted to the certified exclusive representative.
The employer automatically shall stop making payroll deductions under paragraph (1) of this subsection on behalf of a certified exclusive representative if:
The certified exclusive representative is decertified;
The certified exclusive representative’s right to dues is revoked under § 23–913(d)(3) of this subtitle;
The employee ceases to be a member of the bargaining unit represented by the certified exclusive representative; or
Subject to paragraph (4) of this subsection, the employee revokes the authorization for payments to the exclusive representative in accordance with the procedures provided in a dues deduction authorization.
The procedures provided in a dues deduction authorization utilized under this subsection shall allow for a revocation of the authorization for payments to the exclusive representative at least annually.
This section may not be construed to:
Authorize or otherwise allow an employee to engage in a strike or work stoppage, as those terms are defined in § 23–913 of this subtitle; or
Restrict the authority of the funding body of the applicable county to determine the budget of the employer.
A collective bargaining agreement entered into under subsection (a) of this section shall be effective on ratification by the majority of votes cast by the employees in the bargaining unit and approval by the director and the employer.
A single–year or multiyear collective bargaining agreement shall expire at the close of the county’s fiscal year.
Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by February 1 of the year in which a collective bargaining agreement will expire.
Subject to paragraph (3) of this subsection, the employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire.
Any extension must acknowledge any relevant county budgetary deadlines in writing to ensure that parties meet crucial funding deadlines.
An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by:
Stating they have mutually agreed that they are at an impasse;
February 1 of the year in which a collective bargaining agreement will expire; or
If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section.
If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall each submit a final offer to the other party within 48 hours after the impasse is reached.
Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section.
Within 30 days after a mediator is selected by the parties, the mediator shall:
Meet with the employer and the certified exclusive representative; and
Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection.
If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service.
Subject to subsubparagraph 2 of this subparagraph, within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection.
The parties shall select which party removes the first mediator from the list by using a selection method that is random and of equal chance for both parties.
The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by:
Conducting proceedings in accordance with this subsection;
Identifying the major issues in the dispute between the parties;
Reviewing the positions of the parties; and
Recommending a resolution for the agreement of the parties.
A resolution under this subsection:
Shall address matters such as wages, hours, or terms and conditions of employment;
Except for costs assessed to employees for health care benefits, may not include health care benefits unless the benefits are contracted directly through the public library system; and
May not exceed 1 fiscal year, unless agreed to by the parties.
Any resolution under this subsection regarding pension benefits shall be construed as a recommendation for consideration by the pension sponsor of the State or respective county.
A change may not be made to pension benefits unless an appropriate plan amendment is adopted by the plan sponsor of the State or respective county.
Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors:
The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit;
The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable counties in the State, taking into consideration the cost–of–living index for the area in which the comparable county is located;
Wages and pension benefits of similarly situated county employees;
The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore area;
The special nature of the work performed by the employees of the bargaining unit, including:
Physical requirements of employment;
Educational requirements;
Job training and job skills; and
Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable county jurisdictions;
State and county mandated expenditures;
Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and
The interest and welfare of the public.
In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of the respective county and any related county reports on revenues.
A mediator may not consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds.
The parties are strongly encouraged to reach an agreement on all issues whenever possible.
If no agreement can be reached by the parties, the mediator shall issue a report with the mediator’s decision, including written findings of fact.
The mediator may adopt a package of final positions or rule on each matter separately.
The mediator shall submit copies of the mediator’s written findings and recommendations to the employer and the certified exclusive representative on or before the immediately following April 2.
Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative.
This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time.
The funding body of the applicable county is not bound by any decision made under this subsection.
The procedure in this subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution.
The mediator shall submit the findings and recommendations of the mediator to the employer in a timely manner consistent with the timing of paragraph (2) of this subsection.
The employer shall approve all recommendations and findings of the mediator that do not require an appropriation of additional funds within 14 days after the mediator’s decision.
Subject to paragraph (2) of this subsection, the employer shall submit a term of a collective bargaining agreement or memorandum of understanding entered into under this subtitle to the funding body of the applicable county with the employer’s recommendation regarding whether the agreement or the mediator’s decision requires an appropriation of additional funds.
The submission required under this subsection shall be made before the first meeting of the funding body of the applicable county that immediately follows an agreement being reached to ensure any relevant county budgetary deadlines are not missed.
The funding body of the applicable county may approve or reject a request for additional funding under subsection (a) of this section, in whole or in part.
If the funding body of the applicable county approves a request under paragraph (1) of this subsection, the funding body of the applicable county shall take all actions necessary to process the request for additional funding.
If any part of a request for additional funding submitted to the funding body of the applicable county under this subsection is rejected, the request for additional funds shall be returned to the employer and the certified exclusive representative for renegotiation within the limits of the funding allocated by the funding body of the applicable county.
The renegotiation shall be completed within a timetable established by the funding body of the applicable county.
If an impasse is reached, the employer and the certified exclusive representative shall each submit a final offer, within the limits of the funding allocated by the funding body of the applicable county, for the review of the funding body of the applicable county.
The funding body of the applicable county shall select one of the offers submitted under subparagraph (i) of this paragraph.
The selection of the funding body of the applicable county is binding on all parties.
The employer and the certified exclusive representative are mutually obligated to:
Meet at reasonable times in consideration of the county’s budget submission date; and
Negotiate in good faith on:
Wages, hours, and terms and conditions of employment; and
Drafting a written collective bargaining agreement that contains all matters agreed on and is signed by authorized representatives of both parties.
The obligation to negotiate in good faith under paragraph (1)(ii) of this subsection:
Requires that an effort be made by both parties to arrive at an agreement and reduce the agreement to writing within a reasonable period of time; and
Does not require that any concession be made by either party.
An employer may provide to a representative of the exclusive representative:
Release time; and
Access to routine services and facilities of the employer.
The employer or its officers or agents may not:
Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;
Except as provided in subsection (a) of this section, dominate, surveil, interfere with, assist in the formation, administration, or existence of, or contribute financial assistance or other support to an employee organization;
Encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment;
Refuse to bargain in good faith with an employee organization that is the exclusive representative of the employees; or
Spend public money, use public resources, or provide assistance to an individual or group for a negative campaign against efforts by employees or an employee organization to:
Gain or retain collective bargaining rights or to certify an employee organization as an exclusive representative; or
Certify an employee organization as an exclusive representative.
An employee organization may not:
Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;
Cause or attempt to cause the employer to discriminate against an employee because the employee exercises a right under this subtitle;
Discipline or fine a member of the employee organization as punishment or reprisal;
Discipline or fine a member of the employee organization for the purpose of impeding the member’s work performance;
Refuse to bargain in good faith with the employer or to participate in good faith in a procedure under this subtitle; or
Unfairly represent employees in collective bargaining or in any other matter in which the employee organization has the duty of fair representation.
An employee who is a member of a bargaining unit with a certified exclusive representative may, without the intervention of an employee organization, discuss any matter with the employer.
This subsection does not waive the right of the employee organization to be the exclusive bargaining representative for issues related to wages, hours, and working conditions and is not intended to create an alternate path to alter terms and conditions of the collective bargaining agreement between the parties.
Notwithstanding any other provisions of law, it is the exclusive right of the employer to:
Determine the purposes and objectives of each of its constituent offices and departments;
Set standards of services to be offered to the public;
Exercise control and discretion over its organization and operations; and
Determine the methods, means, personnel, and other resources by which the employer’s operations are to be conducted, including:
The use of volunteers; and
The contracting out of work if considered necessary.
Subject to applicable provisions of a collective bargaining agreement and in accordance with the respective county charter and other applicable laws, the employer may:
Direct its employees;
Hire, promote, transfer, assign, or retain employees;
Establish reasonable work rules; and
Demote, suspend, discharge, or take any other disciplinary action against its employees for just cause.
The provisions of this section shall be deemed to be part of every agreement executed between the employer and a certified exclusive representative.
This section may not be construed to deny the right of an employee to submit a grievance with regard to the employer’s exercise of its rights under this section.
Except as otherwise provided by law, if employees have entered into a collective bargaining agreement with the employer under this subtitle, the collective bargaining agreement entered into supersedes any conflicting regulation or administrative policy of the employer.
A collective bargaining agreement may include a provision for arbitration of disciplinary actions.
In this section the following words have the meanings indicated.
“Lockout” means the temporary withholding of work, by means of shutting down an operation or function in order to bring pressure on employees or on their representatives to accept a change in compensation or rights, privileges, obligations, or other terms and conditions of employment.
“Secondary boycott” means an activity by an employee organization or its members that is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with the county.
“Strike” means the refusal or failure by an employee or group of employees to perform their duties of employment as assigned if a purpose of the refusal or failure is to induce, force, or require the employer to act or refrain from acting with regard to any matter.
“Work stoppage” means:
The willful absence of a group of employees from their positions;
The engaging in a slowdown by employees; or
The refusal of employees to perform job duties.
In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited.
Employees and employee organizations may not engage in, sponsor, initiate, support, direct, or condone a strike, work stoppage, or secondary boycott.
Employee organizations may not engage in, initiate, sponsor, or support, directly or indirectly, picketing of the employer, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott.
If an employee organization violates this section, the employer may:
Revoke the employee organization’s designation as certified exclusive representative;
Disqualify the employee organization from participating in representation elections for a period of up to 2 years; and
Terminate immediately the payroll deductions for the employee organization’s dues.
An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the employment by the employer for just cause.
The employer may not direct a lockout against employees.
This subsection may not be construed to prohibit the employer from exercising its managerial rights.
There is a Maryland Public Broadcasting Commission.
The Maryland Public Broadcasting Commission consists of 11 members appointed by the Governor.
Each member of the Commission shall be a resident of this State.
The members shall be broadly representative of this State as a whole and shall include individuals skilled in:
Public or private elementary, secondary, or higher education;
Art, music, or drama;
Radio and television;
Libraries; and
Any other field that the Governor considers appropriate for the Commission.
The Commission shall include two members nominated by the State Board of Education.
The State Superintendent of Schools shall serve ex officio.
Each appointed member of the Commission serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the Commission as of July 1, 1978.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
A member may be reappointed.
Each member of the Commission:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
The Governor shall designate from among the members of the Commission a chairman and a vice chairman.
The Commission shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
The Commission annually shall prepare a budget request to provide funds to perform its duties under this subtitle.
The Commission may receive and spend any grant or gift budgeted or provided for it.
The Commission is encouraged to make use of its facilities, equipment, and other resources to provide services that may generate additional income. Any income earned in that manner shall be considered special funds for use by the Commission.
Unexpended funds may be carried forward and expended in any subsequent fiscal year, subject to the approval of the Board of Public Works.
The Commission shall appoint a President who shall serve as chief executive officer for the Commission.
The President serves at the pleasure of the Commission and is entitled to the compensation established by the Commission.
The President shall direct the staff of the Commission and carry out the policies and duties established by the Commission.
The secretarial, stenographic, clerical, and custodial employees of the Commission are in the skilled service, with the exception of special appointments, in the State Personnel Management System.
All other employees of the Commission are in the executive service, management service, or are special appointments in the State Personnel Management System.
Notwithstanding § 4-201 of the State Personnel and Pensions Article, the Commission shall fix the compensation of the executive service, management service, and special appointment employees:
Upon the recommendation of the President; and
When possible, in accordance with the State pay plan.
At least 45 days before the effective date of the change, the President shall submit to the Secretary of Budget and Management each change to the Commission’s salary plan that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.
The Secretary of Budget and Management shall:
Review the proposed changes; and
At least 15 days before the effective date of the proposed changes, advise the Commission whether the changes would have an adverse effect on comparable State jobs.
Failure of the Secretary of Budget and Management to respond in a timely manner is deemed to be a statement that the change will have no adverse effect.
The budget submitted by the Governor to the General Assembly shall include personnel detail for the Commission in such form and manner as provided for any agency in the State Personnel Management System.
Beginning in fiscal year 2019, and for each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation to the Commission in an amount not less than the General Fund appropriation for the current fiscal year as approved in the State budget as enacted by the General Assembly and increased by the percentage by which the projected total General Fund revenues for the upcoming fiscal year exceed the revised estimate of total General Fund revenues for the current fiscal year, as contained in the December report of estimated State revenues submitted by the Board of Revenue Estimates to the Governor under § 6–106 of the State Finance and Procurement Article.
In addition to the appropriation required under paragraph (1) of this subsection, if the actual amount of special funds in special fund code R15304 Community Services Grant and CPB Grant in budget code R15P00 Maryland Public Broadcasting Commission received by the Commission in the second previous fiscal year is lower than the amount that was budgeted for the Commission as approved in the State budget as enacted by the General Assembly for the second previous fiscal year, the Governor shall include in the annual budget bill, for the upcoming fiscal year, a General Fund appropriation to the Commission in an amount not less than the difference between the actual funds and the budgeted funds.
The general funds appropriated under subparagraph (i) of this paragraph may not be included in the calculation under paragraph (1) of this subsection for any subsequent fiscal year.
The Commission shall operate a system of State, regional, and local facilities to provide educational and cultural radio and television programs in this State.
The Commission, with the approval of the State Board of Education, is responsible for and shall control the preparation, content, scheduling, and programming of all educational television and radio programs used in the public schools and adult education programs of this State.
Subject to the provisions of subsection (b) of this section, the Commission is responsible for and shall control the preparation, content, programming, and scheduling of all its programs for the general public.
The facilities of the Commission may not be used for, and the programs may not be devoted to:
Presenting biased or one-sided aspects of partisan politics;
Advocating or opposing any present or prospective political candidacy; or
Advocating or opposing any legislation currently being considered or prepared.
Each facility shall be used in compliance with the rules and regulations of the Federal Communications Commission.
It is the public policy of the State that gifts, donations, bequests, private endowments, and private grants may be received by the Commission.
The Commission is encouraged to promote private fund–raising by strengthening institutional development activities and by maintaining relationships with affiliated foundations.
Affiliated foundations that are independently established for this purpose shall operate subject to policies adopted by the Commission and be approved for form and legal sufficiency by the Attorney General.
Those policies regarding or pertaining to conflict of interest, financial disclosure, or lobbying shall be reviewed and approved by the State Ethics Commission.
Sections 5–501 through 5–504 of the General Provisions Article do not bar an official or employee of the Commission from becoming a director or official of an independent foundation organized to foster fund–raising and provide related services for the benefit of the Commission.
An official or employee of the Commission who serves as a director or official of an independent foundation organized to foster fund–raising and provide related services for the benefit of the Commission:
May not be compensated by the foundation; and
May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the foundation as authorized by the board of directors of that foundation.
The Commission may not accept funds from an affiliated foundation unless the fiscal affairs of the affiliated foundation are audited annually by an independent certified public accountant.
The independent certified public accountant shall send copies of each annual audit report to the Commission.
Except as provided in paragraph (2) of this subsection, the Commission shall keep confidential the name, address, telephone number, contribution amount, and all other personal and financial information of any individual who makes a donation to the Commission.
To the extent the Commission determines that the sharing of information will contribute to the fund-raising efforts of the Commission, the Commission may share information about an individual who makes a donation to the Commission with nonprofit or governmental entities under terms set by the Commission.
In this section, “violence prevention program” means a course in which education and training is offered in the areas of recognizing, addressing, and resolving issues of violence in the home and the community.
The Board of Regents of the University System of Maryland has established at Bowie State University a State Center for Alternative Dispute Resolution and Violence Prevention. The Maryland General Assembly hereby recognizes that Center.
The General Assembly recognizes that the Center:
Shall serve as the central repository for materials, data, and information related to violence prevention programs operating in the State or available to the State;
May serve as a referral source for violence prevention programs and services operating in the State or available to the State;
May implement volunteer prevention networks throughout the State;
May provide research and evaluation services in the area of violence prevention;
May provide information services regarding violence prevention programs and services;
May provide or facilitate violence prevention education and training programs;
May provide media and media-related services in the area of violence prevention; and
May provide educational and academic support to disruptive youth.
An individual or group operating a violence prevention program in the State shall be encouraged to submit to the Center:
A written description of the program; and
Any other information relating to the program required by the Center.
An individual or group may submit a request to the Center for information on any violence prevention program operating in the State or available to the State.
On request, the Center shall distribute information relating to a violence prevention program.
The operation of the Center shall be supported by funds:
As provided by the Governor in the annual budget of Bowie State University; and
From any other source.
There is a Historic St. Mary’s City Commission.
The General Assembly makes the following declarations and findings:
St. Mary’s City is the birthplace and first capital of Maryland and occupies a unique place in American history which deserves honor and respect. St. Mary’s City is the point of origin of many of the seminal and vital social, political, religious and humane precepts of our nation as later came to be reflected in the United States Constitution and Bill of Rights. St. Mary’s City should be protected and developed as a memorial to Maryland’s historical beginnings and her extraordinary contribution to the development of this nation.
There is a great need to encourage the study and appreciation of the significance of St. Mary’s City to the history of Maryland and the nation. The General Assembly recognizes that the organizational structures and funding for St. Mary’s City have not been adequate to produce the knowledge of, or appreciation for, St. Mary’s City that it is due from the citizens of this State as well as of the nation, and finds and declares that a new course of action is needed.
The Historic St. Mary’s City Commission needs the State to provide basic operational funding and organizational flexibility to successfully operate Historic St. Mary’s City along with an increased emphasis on soliciting other public and private funds to provide support for educational initiatives, research, study, and curation, as well as accelerated archaeological projects and capital improvements.
Every Maryland school child should be knowledgeable as to the history of St. Mary’s City and its significance not only to this State but to the development of the nation. As resources become available, educational opportunities should be expanded to secondary and college age students as well as adults pursuing continuing educational opportunities.
An affiliation between the Commission and St. Mary’s College of Maryland will allow the Commission to put to fuller and more effective use the assets that the State has acquired, preserved and developed at Historic St. Mary’s City over the last 30 years.
The establishment of the Historic St. Mary’s City Commission as an independent unit and provision of basic operating funds by the State is in the public interest and will facilitate the management, operation, and development of this nationally important historic site.
Historic St. Mary’s City will benefit from a creative affiliation and more formal collaboration with its geographic neighbor, St. Mary’s College of Maryland, itself designated in 1840 as a living monument to the legacy of Maryland’s first colonial capital.
Both the Commission and the College are committed to preserving the site of Maryland’s first colonial capital and its archaeological treasures while continuing to assure that the general public and Maryland school children in particular have continued opportunities to visit and experience this important 17th century historical site.
The General Assembly further states its legislative intent in the enactment of this subtitle to be as follows:
To facilitate the efficient and effective operation of Historic St. Mary’s City and the State’s historical museum and archaeological park at Maryland’s first capital, as well as enhance the capacity and authority of the Commission to preserve, protect, and appropriately use the historic and archaeological assets of Historic St. Mary’s City;
To equip the Historic St. Mary’s City Commission with the necessary and vital managerial discretion to pursue its purpose effectively, with the understanding that the Commission will contract, as it considers useful and appropriate both fiscally and managerially, with St. Mary’s College of Maryland, or other entities as may be practical and appropriate, for services such as procurement, personnel, and accounting, and otherwise collaborate formally and informally with St. Mary’s College of Maryland, on the use and exchange of expertise and resources, both managerial and educational, as both entities may determine is prudent and effective, in advancing the basic mission of each institution;
To grant the Commission authority over its plans, projects, and operations, subject to any State and federal laws with respect to the protection of historic and archaeological sites of significance to the State, including its status as a State historic property and national historic landmark;
To facilitate the support of Historic St. Mary’s City by other executive departments, including the Maryland Historical Trust in the Department of Housing and Community Development, the Museum Services Program located at Jefferson Patterson Park Museum, the Financial Assistance Programs and Office of Tourism in the Department of Commerce, and the Department of Education;
To provide the Historic St. Mary’s City Commission with the organizational structure and funding mechanisms necessary to more effective functioning, and recognize the outdoor history museum and archaeological park located on the site of Maryland’s first capital, as an educational facility for students and visitors of all ages; and
To endorse the Commission’s focus on developing the educational potential of Historic St. Mary’s City, including a closer affiliation with St. Mary’s College of Maryland, as the most effective way to assure that this unique site with its archaeological riches and importance to the history of Maryland and the nation is recognized and supported both privately and publicly as Maryland’s most important historic site, with a view to attaining national recognition for St. Mary’s City as a site of eminent national historical significance.
The mission of the Historic St. Mary’s City Commission is to preserve and protect the archaeological and historical record of Maryland’s first colonial capital and to appropriately develop and use this historic and scenic site for the education, enjoyment, and general benefit of the public.
The particular purposes of the St. Mary’s City Commission are to:
Discover, conserve, improve, and perpetuate the archaeological, historic, natural, scenic, and cultural qualities of Historic St. Mary’s City;
Identify, document, study, curate, interpret, and appropriately preserve the archaeological record of Historic St. Mary’s City with emphasis on the 17th century;
Enhance, where feasible, the scenic quality, open spaces, and buildings that reflect and display the early colonial historic characteristics of the site;
Employ the site of Maryland’s first colonial capital for education at every level, including its anthropology, archaeology, history, and natural science; and
Encourage and motivate the citizens of Maryland and the nation, as well as businesses, charitable, cultural, and educational institutions to make a continuing commitment to archaeological and historic investigation and research at Historic St. Mary’s City and the development of the site as an educational center for students of all ages.
The Historic St. Mary’s City Commission is an instrumentality of the State to be known as the Historic St. Mary’s Commission or any name that the Commission may adopt, provided the resolution adopting any change in name is filed promptly with the Secretary of State.
The exercise by the Commission of the powers conferred by this subtitle is the performance of an essential public function.
The Commission is an independent unit in the Executive Branch of government that operates in the Office of the Governor.
The Commission may:
Make contracts or other legal agreements or arrangements necessary or incidental to the exercise of its powers and performance of its duties;
Sue and be sued;
Implead and be impleaded;
Complain and defend in all courts;
Adopt and alter an official seal; and
Adopt bylaws, rules and guidelines to regulate its affairs and the conduct of its business.
The Historic St. Mary’s City Commission consists of the following members:
Fourteen voting members who shall be appointed by the Governor with the advice and consent of the Senate as follows:
Three shall be distinguished scholars, one of whom shall be an archaeologist, one of whom shall be a colonial historian, and one of whom shall be an educator;
One shall be a representative from a prominent historical museum;
Three shall be members of the Maryland business community, one of whom is in business in the St. Mary’s County community;
Six shall be members of the general public, at least two of whom are residents of the St. Mary’s County community; and
One shall be a representative of the Native American community, appointed in consultation with the Maryland Commission on Indian Affairs;
Two voting members as follows:
One member of the public, appointed by the President of the Senate; and
One member of the public, appointed by the Speaker of the House; and
Two shall be ex officio members as follows:
The chairman of the St. Mary’s College of Maryland Board of Trustees or the chairman’s designee who is a voting member; and
The President of the Historic St. Mary’s Foundation
who is a nonvoting member.
The Governor shall consider statewide, regional, and minority representation in making appointments to the Commission.
The term of a member of the Commission, excluding an ex officio member, is 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of members as of July 1, 1997.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
A member may be appointed to no more than two full consecutive terms. A member who has served less than a full 4–year term may be reappointed to two full terms.
From among its members the Commission shall elect:
A chairman;
A vice chairman; and
Any other officer the Commission requires.
Subject to subparagraph (ii) of this paragraph, the manner of election of officers and their terms of office shall be as the Commission determines.
Officers of the Commission shall be selected from the appointed members of the Commission.
The Commission shall adopt bylaws setting forth the manner in which it will conduct its business and otherwise carry out the duties assigned to it, including the establishment of standing committees to propose policies, review operations, and advise the Commission in the areas of:
Land use, archaeology, historical research, collections management, and capital projects;
Educational programming, public programs, and public affairs with a view to expanding the knowledge of and appreciation for Historic St. Mary’s City to the region, State, and nation;
Long–range planning, fund–raising, from both public and private sources, as well as other revenue raising programs with a view to securing long–term financial capital and operating support for Historic St. Mary’s City; and
Financial and administrative affairs, including property management, personnel, procurement, legal, accounting, audit, and investment policies.
The chairman of the Commission shall appoint each Commissioner to one of the standing committees and such other committees as the Commission from time to time determines to appoint for special purposes. The chairman shall designate a chair of each committee.
There shall be an executive committee of the Commission which shall have as its members the chairman, the vice chairman, and the chair of each standing committee.
The executive committee shall be delegated such powers as the Commission shall determine by resolution or by law and shall report to the full Commission all actions taken or considered by the committee at the next meeting of the full Commission.
The full Commission shall meet at least two times a year at Historic St. Mary’s City.
The full Commission may meet more than two times a year at Historic St. Mary’s City or virtually.
The executive committee shall meet at least four times a year, or such additional meetings as are necessary or convenient for the proper direction of Historic St. Mary’s City.
Standing committees shall meet or confer as necessary to review and recommend action to the executive committee or full Commission, as the case may be, as issues within their purview arise.
A majority of the voting members then serving on the Commission is a quorum.
A Commissioner may not receive compensation, but is entitled to be reimbursed for expenses incurred while actually engaged in the performance of the Commissioner’s duties in accordance with the Standard State Travel Regulations.
Subject to the provisions of § 24–514 of this subtitle, and in addition to any powers provided elsewhere in this subtitle, the Commission has the following powers:
To acquire and hold real and personal property of historic, aesthetic, or cultural significance, by gift, purchase, devise or bequest including the power to acquire other property in the vicinity of significant property if the Commission considers it necessary for the proper use and administration of Historic St. Mary’s City and its environs, to preserve and administer those properties, and to charge reasonable admission fees for entry to those properties;
To preserve, study, curate, develop, and interpret historic, or cultural properties, buildings, fixtures, furnishings, facilities, collections, and appurtenances pertaining in any way to Historic St. Mary’s City and its environs, including the replica of the State House and other reconstructions in St. Mary’s City;
To accept gifts, grants, legacies, bequests, and endowments for any purpose which falls within that of the Commission and, unless otherwise specified by the person making the gift, grant, legacy, bequest, or endowment, the Commission may expend both principal and income of the gift, grant, bequest, legacy, or endowment to further the purposes of the Commission;
To accept governmental grants from federal, State and local governments and instrumentalities;
To apply all money, assets, property, or other things of value it may receive as an incident to its operation to the general purposes of the Commission;
To cooperate with and assist, insofar as practicable, or enter into a contractual relationship with any agency of the State or any agency of the political subdivisions of the State or any private agency or person, in furtherance of the purposes of the Commission;
To fix, revise from time to time, and collect rates, rents, fees or other charges for the use of facilities or for services rendered in connection with the facilities at Historic St. Mary’s City;
To issue revenue bonds subject to the provisions of Part IV of this subtitle;
To regulate the use and operation of the facilities at Historic St. Mary’s City;
To adopt bylaws that are necessary and proper and not inconsistent with this subtitle for the management, maintenance and operation of Historic St. Mary’s City and to effectuate the purposes of the Commission; and
To delegate any of the powers herein conferred of a nonpolicy nature to any one or more of the Commissioners or to the executive director of the Commission.
In addition to any duties provided elsewhere in this subtitle, the Commission has the following duties:
To maintain and carry out the mission of Historic St. Mary’s City;
To protect and preserve the historical and archaeological resources found within the boundaries of Historic St. Mary’s City;
To identify, study, curate, interpret, and develop the significant historic and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century colonial period;
To enhance the role of Historic St. Mary’s City as a statewide educational center for historical archaeology and Maryland colonial history and ultimately to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in our nation’s development;
To develop close working relationships with public and private elementary and secondary schools, local and statewide businesses and governmental agencies, and conduct activities to educate the general public about the history and significance of Historic St. Mary’s City to the State of Maryland and the nation;
To seek private and other public grants, gifts, bequests, endowments, and legacies for the development and use of Historic St. Mary’s City;
To review and comment on all plans for use and development of the archaeologically or historically significant land and real property of St. Mary’s College of Maryland during the initial planning stage, to conduct such review at a special or regular meeting of the Commission after public notice of the general nature of the plans to be reviewed by the Commission, and thereafter to forward all such comments coincident with any submission made by the College pursuant to § 3–602 of the State Finance and Procurement Article;
To prepare an overall strategic plan at least once every 5 years that establishes both short–range and long–range goals, objectives, and priorities for Historic St. Mary’s City in support of its mission;
To develop and publish written policies regarding the Commission’s operating procedures, including policies on:
Procurement;
Human resources;
Payroll;
Cash management;
Fleet management; and
Property management, including rental tenant waiting lists;
To develop a comprehensive maintenance plan and to update the plan at least once every 3 years;
To annually review:
The Commission’s operating agreements; and
The Commission’s policies on operating procedures; and
To report annually to the Governor, and subject to § 2–1257 of the State Government Article, to the General Assembly as to the Commission’s activities during the preceding year, including specifically:
The number of students served as well as the type and numbers of all other visitors;
The number of volunteers and total hours contributed to the operation of the museum;
The amount and types of private and nonstate funds donated, pledged, or otherwise provided; and
Any recommendations or requests the Commission considers appropriate to further the mission of Historic St. Mary’s City.
The Historic St. Mary’s City Commission and the Board of Trustees of St. Mary’s College of Maryland are hereby authorized to undertake joint programs and otherwise to work collaboratively under contract or other agreement acceptable to the governing boards of each institution, for the purpose of furthering the missions of both institutions.
The Commission and the College may contract or otherwise agree to work jointly to sponsor high quality education programs and activities for both the academic and general communities and for all age groups, including elementary, secondary, college, and adult education programs as well as teacher training programs in curriculum areas of joint focus, such as archaeology, colonial American history, and Chesapeake culture and ecology.
The Commission and College may develop jointly beneficial, promotional, marketing, fundraising, tourism, special events, and other outreach efforts.
The College and Commission may by contract perform administrative tasks by one institution for the other including, but not limited to, personnel, procurement and insurance claim processing, purchasing, accounting, information system design, acquisition, installation and service, security, maintenance, historic landscape design, catering and general food services, and archaeological survey and mitigation services.
Provided they are supportive of the distinctive mission of each institution, the Commission and College may undertake any other joint activity or action by formal or informal agreement or contract.
Notwithstanding any joint activities or programs carried out by the College and the Commission, or administrative action undertaken by the College or the Commission for the benefit of the other institution, neither the College nor the Commission shall be liable for any direct or indirect actions of the other institution, or its trustees, Commissioners, employees, or agents as the case may be.
If the Commission obtains services under an agreement with the College, the services provided to the Commission shall be in accordance with the College’s policies and procedures.
An operating agreement entered into by the Commission with another unit of State government or an affiliated nonprofit organization shall be:
Executed in writing;
Approved for form and legal sufficiency by the Attorney General;
Reviewed by the Commission annually; and
Enacted for a term not exceeding 3 years, which may be renewed for additional terms not exceeding 3 years, without limit.
In this section, “affiliated nonprofit organization” includes the Historic St. Mary’s City Foundation.
The Commission is encouraged to promote private fundraising by strengthening institutional development activities and may collaborate with affiliated nonprofit organizations.
The Commission shall develop policies for collaboration with an affiliated nonprofit organization.
The Attorney General shall review the policies the Commission develops under paragraph (1) of this subsection for form and legal sufficiency and, if appropriate, approve them to govern the collaboration.
The State Ethics Commission shall review the policies the Commission develops under paragraph (1) of this subsection that pertain to conflicts of interest and, if appropriate, approve them to govern an official or employee of the Commission also serving as a director or official of an affiliated nonprofit organization.
An affiliated nonprofit organization may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.
A financial obligation or liability of an affiliated nonprofit organization may not be considered a debt or an obligation of the State or the Commission.
Sections 5–501 through 5–504 of the General Provisions Article do not prohibit an official or employee of the Commission from also becoming a director or an official of an affiliated nonprofit organization.
An official or employee of the Commission who serves as a director or official of an affiliated nonprofit organization:
May not be compensated, directly or indirectly, by an affiliated nonprofit organization; and
May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of an affiliated nonprofit organization as authorized by the board of directors of an affiliated nonprofit organization and by the Commission.
The Commission shall notify the State Ethics Commission in writing whenever the Commission authorizes an official or employee of the Commission to serve as a director or official of an affiliated nonprofit organization.
Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Commission of any objections or concerns pertaining to the joint service identified in the notice.
On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Commission shall reexamine the matter.
Each year, the Commission shall report to the Governor, the State Ethics Commission, and, in accordance with § 2–1257 of the State Government Article, the Legislative Policy Committee:
The names of the officials and employees serving as a director or official of an affiliated nonprofit organization; and
How the policies and procedures adopted under subsection (c) of this section have been implemented in the preceding year.
No funds may be accepted by the Commission from an affiliated nonprofit organization unless an independent certified public accountant audits the fiscal affairs of the affiliated nonprofit organization each year.
Except as provided in subparagraph (ii) of this paragraph, funds given to the Commission by an affiliated nonprofit organization may not include preconditions on the use of the funds.
Funds given to the Commission through an affiliated nonprofit organization from a donor may include conditions at the donor’s request.
The Commission may obtain and carry comprehensive liability insurance to protect the Commission, its employees, and agents. The determination whether to purchase insurance, and its scope and limitations, shall be within the Commission’s discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer.
Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act) applies to claims or actions against the Commission, its members, agents, and employees.
Subject to all exclusions and limitations in Title 12, Subtitle 1, the immunity of the Commission is waived to the extent of any insurance coverage, if any, purchased under this section.
Nothing in this section shall be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.
Nothing in this section shall be construed to waive or abrogate the immunity of the Commission under the Eleventh Amendment to the United States Constitution.
The Commission shall appoint an executive director and such additional professional, administrative, and clerical personnel as it considers necessary to carry out the purposes of this subtitle.
The Commission shall employ or contract with such other consultants, accountants, engineers, architects, or financial advisors as it deems prudent to the carrying out of the purposes of this subtitle.
The Commission may delegate to the executive director any or all of its power to appoint and remove staff.
The executive director shall:
Act as the chief executive officer for the Commission with full authority to direct the activities and supervise the employees of Historic St. Mary’s City, in accordance with the policies, plans, and projects approved by the Commission;
Represent the Commission with the Governor, the General Assembly, the Historic St. Mary’s Foundation, and all other State, local and federal governmental agencies and generally act as the chief spokesperson for all purposes, including solicitation of public and private funds for the advancement of Historic St. Mary’s City;
Act as secretary to the Commission and prepare or have prepared minutes of each action taken by the Commission and the executive committee; and
Perform any other duty that the Commission requires for carrying out the provisions of this subtitle.
Notwithstanding any other provision of law to the contrary, employees of the Commission, including the executive director, may accept, subject to the approval of the Commission, faculty status at St. Mary’s College of Maryland, including remunerated teaching or other professional responsibilities.
As the Commission considers appropriate, the Commission may request other units of State government to detail staff to the Commission.
The Attorney General shall provide legal counsel and services to the Commission.
Other units of State government may detail staff or technical assistance to the Commission on request of the Commission.
An employee of the Commission:
Is subject to the rules and procedures of the personnel system established under § 14-408 of this article; and
Is entitled to participate in the health benefit plans, including medical, prescription, dental, mental health, substance abuse, and vision plans, term life and personal accident and dismemberment insurance plans, flexible spending accounts, and any other benefits established under § 14-408 of this article.
An employee of the Commission is entitled to participate in the employee pension plans authorized by and in accordance with § 14-408(c) of this article.
The Commission’s obligation for retirement costs for Commission employees shall be computed, charged, and paid in accordance with § 21-308(b)(1) and (c)(1) of the State Personnel and Pensions Article.
There is a Historic St. Mary’s City Fund.
The State Treasurer shall hold the Historic St. Mary’s City Fund. The funds in the account shall be invested and reinvested by the Treasurer in accordance with the written investment policies of the Commission. Any investment earnings on the funds in the account shall be paid into the Fund.
All unexpended or unencumbered balances of the Fund:
Shall be reported to the Comptroller at the end of the fiscal year for which the appropriation was made;
Do not revert to the General Fund or any other special fund of the State; and
Shall be available for expenditure through an appropriation contained in a budget bill or through an approved budget amendment.
The Commission shall use the Fund as a continuing, nonlapsing, revolving fund for carrying out the purposes of this subtitle.
The Fund consists of:
Any general funds appropriated to the Commission;
Any fees collected by the Commission; and
Any additional money received or paid to the Commission from any other source authorized by law.
The Commission shall pay all expenses and make all expenditures from the Fund.
Expenditures from the Fund shall be made pursuant to an appropriation approved by the General Assembly in the annual State budget or by the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article.
The Commission may pledge and charge all or a portion of the receipts of the Fund for the payment of:
Debt service on bonds of the authority; and
All reasonable charges and expenses related to borrowing by the Commission and management of the obligations of the Commission.
A pledge made under paragraph (1) of this subsection is effective as provided in § 24–520 of this subtitle and any applicable resolution of the Commission.
For each fiscal year, the Governor shall include in the annual budget bill a proposed General Fund appropriation to the Commission in an amount not less than the amount of the General Fund operating appropriation to the Commission included in the State budget for fiscal year 1998 as passed by the General Assembly.
The Commission is authorized to make use of its facilities, equipment, and other resources to provide services and charge appropriate fees therefore to generate income for the benefit of Historic St. Mary’s City.
All fees collected shall be deposited in the Historic St. Mary’s City Fund.
The Commission has the responsibility for the governance and management of Historic St. Mary’s City, including the care, control, and maintenance of all of its property and assets.
The Commission annually shall adopt and implement both a capital and operating budget for the maintenance, operation, and development of Historic St. Mary’s City.
The Commission shall submit the budget it has adopted annually to the Governor for inclusion in the State budget.
Subject to the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article, the Commission may spend or encumber, within the fiscal year they are received or any time thereafter, any income, revenues, or other funds received in excess of those estimated by the Commission in the capital or operating budget adopted by the Commission for that fiscal year.
The Fund is subject to audit by the Office of Legislative Audits as provided in § 2–1220 of the State Government Article.
Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and Procurement Article, the Commission may sell, convey, assign, lease, or otherwise transfer or dispose of any real property acquired or held by it, and enter into any contracts incident thereto, for such term and such conditions as the Commission deems appropriate, except:
Real property valued in excess of $5,000.00 may not be sold without the prior approval of the Board of Public Works; and
Leases entered into by the Commission must be made in furtherance of the purposes of the Commission.
Except as otherwise set forth in this subtitle, the Commission is exempt from the provisions of Division II of the State Finance and Procurement Article, Division I of the State Personnel and Pensions Article, and the State Administrative Procedure Act.
Capital projects of the Commission are subject to Titles 3 and 4 of the State Finance and Procurement Article to the extent of any appropriation of capital funds by the General Assembly.
The Commission and its officers and employees are subject to:
The Maryland Public Ethics Law established in Title 5 of the General Provisions Article;
The Public Information Act established in Title 4 of the General Provisions Article; and
The Open Meetings Act established in Title 3 of the General Provisions Article.
The Commission shall procure noncapital goods and services in accordance with the procurement policies and procedures established by St. Mary’s College of Maryland pursuant to § 14-405 of this article.
For purposes of applying for, receiving, and entering into agreements in connection with loans, grants, insurance, or other forms of financial assistance from the State or its agencies or instrumentalities, the Historic St. Mary’s City Commission may be deemed to be a:
Public body within the meaning of the Maryland Industrial Development Financing Authority Act;
Political subdivision within the meaning of the Maryland Industrial Land Act and the Maryland Industrial and Commercial Redevelopment Fund Act; and
State or local project eligible under §§ 5-904 and 5-905 of the Natural Resources Article.
All gifts of tangible or intangible property as well as cash donations to the Commission are charitable contributions eligible as a deduction against income taxes as permitted by State and federal law.
In this section the following words have the meanings indicated.
“Dwelling” means the dwelling house of one or more homeowners, and the curtilage where it is erected, which is used as the principal residence of that homeowner or homeowners.
“Homeowner” means a person who, on July 1, 1976, actually resided in a dwelling in which that person had a legal interest, including any life estate, whether as sole owner, joint tenant, tenant in common, or tenant by the entirety.
“Principal residence” means a dwelling actually occupied or expected to be actually occupied by the homeowner or the homeowners for more than 6 consecutive months of the present calendar year. Nonoccupancy of the dwelling because of illness or the need for special care of the homeowner is occupancy for the purposes of this section.
When the Commission or other State agency commences the acquisition by purchase, gift, or condemnation of the dwelling of a homeowner within the proposed boundaries established by the Commission, the Commission or other State agency shall offer in writing the homeowner or homeowners a life estate in that property. Acceptance of the life estate shall be taken into consideration when determining the value of the property. Upon acceptance, the recipient of the life estate will pay real estate property taxes, insurance, and ordinary maintenance costs. Requests for material alterations or additions to the property must be submitted in writing to the Historic St. Mary’s City Commission and a request must be approved or disapproved by the Commission within 45 days of the receipt of the request.
In the case of a purchase, the Commission or other State agency shall make the offer:
At the time of each offer for purchase; and
In a document separate and apart from all other documents at the time of ratification of the sales contract.
In the case of a gift or condemnation, the Commission or other State agency shall make the offer at the time of transfer of any right, title or interest, present or future, in the property.
The Commission or other State agency may offer at any time a life estate to any other homeowner or property owner within the proposed boundaries established by the Commission.
The homeowner or property owner may accept the offer before the 30th calendar day following the time set forth in subsections (b) and (c) of this section.
Until such time as the Commission certifies legitimate need for the residue, the holder of the life estate may continue to use it as it existed prior to the transfer of title and the creation of the life estate, on a lease arrangement.
Notwithstanding the provisions of Title 4, Subtitle 4, Part III of the State Finance and Procurement Article, and subject to the availability of funds and in accordance with other provisions of this subtitle regarding the Historic St. Mary’s City Commission, the Commission may enter into agreements with preservation land trusts, foundations, and other entities for the purpose of acquiring title to or an interest in property in Historic St. Mary’s City that is owned by such an entity or on which the entity holds an option or a contract to purchase.
Subject to the approval of the Board of Public Works, the Commission may receive and the State may pay over and transfer to the Commission, from time to time, property held in the name of the State, or any other State agency to carry out the purposes of the Commission.
Subject to this Part IV of this subtitle, the Commission may at any time and from time to time issue bonds, bond anticipation notes, or other obligations, (herein referred to as “bonds”), and may use the proceeds or the earnings from the investment thereon for any authorized purpose, including the establishment of reserves and the payment of interest.
The Commission may issue bonds only if it determines that the issuance is necessary to achieve the purposes of this subtitle.
The determination under paragraph (1) of this subsection shall be made by the chairman of the Commission.
The Commission shall submit each proposed issue of bonds to the Board of Public Works and shall obtain the approval of the Board of Public Works for the proposed issue prior to issuance of the bonds.
In submitting a proposal to issue bonds to the Board of Public Works, the Commission shall identify the source of revenue that supports the debt service on the bonds.
The Board of Public Works may not approve the issuance of bonds by the Commission that will result in more than $3,000,000 in an aggregate outstanding and unpaid principal balance of bonds for the Commission at any time.
Except as otherwise expressly required by this subtitle, the Commission may issue the bonds without:
Obtaining the consent of any other unit of State government;
Any proceedings; or
The occurrence of any conditions.
The Commission shall by resolution authorize any bonds that it issues.
The Commission may secure the bonds by a resolution or trust agreement between the Commission and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State.
Proceeds of bonds and the investment income from such bonds shall be deposited by the Commission in any State or national bank or federally insured savings and loan association having a total paid-in capital of at least $1,000,000. The trust department of any State or national bank or savings and loan association, or trust company, may be designated as a depository to receive any securities acquired or owned by the corporation.
The bonds of any issue shall be payable solely from the property or receipts of the Commission, including:
Fees, charges, rents, or other revenues payable to the Commission;
Payments by financial institutions, insurance companies, or others pursuant to letters or lines of credit, policies of insurance, or purchase agreements;
Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust agreement;
Proceeds of refunding bonds; and
Any other source authorized by law.
Bonds issued under the provisions of this title are not a debt of, and do not pledge the faith, credit, or taxing power of the State.
The bonds shall contain on their face a statement that the bonds are not a debt of, and do not pledge the faith, credit, or taxing power of the State, the Commission, or any political subdivision, but are payable solely from the revenues and property provided for therein.
Subject to the approval of the Board of Public Works, the Commission may receive and the State may lease to or lease back to the Commission any property within the enclave of Historic St. Mary’s City and held in the name of the State or any other agency of the State in order to facilitate the issuance of revenue bonds by the Commission under this subtitle.
The bonds that the Commission issues shall:
Be issued at, above, or below par value, for cash or other valuable consideration, and mature at a time or times, whether as serial bonds or as term bonds or both, not exceeding 30 years from their respective dates of issue;
Bear interest at the fixed or variable rate or rates determined by the method provided in the resolution or trust agreement;
Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution or trust agreement may provide;
Notwithstanding any other law, be deemed a “security” within the meaning of § 8-102 of the Commercial Law Article, whether or not it is either one of a class or a series or by its terms is divisible into a class or series of instruments and negotiable for all purposes although payable from a limited source;
Be payable in lawful money of the United States at a designated place;
Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution or trust agreement provides;
Be executed by the manual or facsimile signatures of the officers of the Commission designated by the Commission, which signatures shall be valid at delivery even for an officer who has ceased to hold office; and
Be sold in the manner and on the terms determined by the Commission, including private or negotiated sale and be exempt from §§ 8-206, 8-208, 8-209, and 8-213 through 8-221 of the State Finance and Procurement Article.
Any resolution or trust agreement the Commission adopts or enters into under this subtitle may contain provisions that:
Pledge, assign, or direct the use, investment, or disposition of all or a portion of the receipts of the Commission or all or a portion of the proceeds or benefits of any contract and convey or otherwise secure any property or property rights;
Set aside loan funding deposits, debt service reserves, capitalized interest accounts, cost of issuance accounts, sinking funds, and other funds and accounts, and regulate, invest, and dispose of these deposits, reserves, accounts, and funds;
Limit the purpose to which or the investments in which the proceeds of sale of any issue of bonds may be applied and restrict the investment of revenues or bond proceeds as deemed necessary, which may include limiting investments to government obligations for which principal and interest are unconditionally guaranteed by the United States;
Limit the issuance of additional bonds and specify the terms on which additional bonds may be issued, secured, and rank on parity with, or be subordinate or superior to, other bonds;
Refund or refinance outstanding bonds;
Establish any procedure concerning the manner in which the terms of any contract with bondholders may be altered or amended, the amount of bonds to which the holders must consent, and the manner in which the holders must consent;
Define the acts or omissions that constitute a default in the duties of the Commission to holders of bonds and provide the rights and remedies of the holders in the event of a default, which may include provisions that restrict individual right of action by bondholders;
Provide for guarantees, pledges of property, purchases or sales of property, leasing, leasing back or subleasing of property, the assignment of any pledges, purchase, sale, lease or sublease agreements, letters of credit or other security, or insurance for the benefit of bondholders; and
Provide for any other matter relating to the bonds that the Commission deems appropriate.
Any provisions under subsection (a) of this section that the Commission includes in a resolution or trust agreement may be made part of the contract with the holders of the bonds.
A pledge by the Commission of revenues as security for an issue of bonds shall be valid and binding from the time when the documents evidencing the pledge are executed by the Commission.
The revenues that the Commission pledges may be made immediately subject to the lien of the pledge without any physical delivery or further act.
The lien of any pledge of revenue is valid and binding against any person who has any claim in tort, contract, or otherwise against the Commission, whether or not the person has notice.
In order to perfect the lien on the revenue pledged by the Commission against third persons, a resolution, trust agreement or financing statement, continuation statement, or other instrument that the Commission adopts or enters into need not be filed or recorded in any public record other than the records of the Commission.
A member of the Commission, or any person executing the bonds, is not liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.
Except as otherwise provided by an applicable resolution or trust agreement, a holder of bonds issued under this subtitle, or a trustee acting under a trust agreement entered into under this subtitle, may, by any suitable form of legal proceedings, protect and enforce any rights granted under the laws of this State or by any applicable resolution or trust agreement.
The Commission may issue bonds to refund any of its bonds then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of the bonds.
Refunding bonds may be issued:
For the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring; or
For alleviating impending or actual default; and
In one or more series in an amount in excess of that of the bonds to be refunded.
The Commission may enter into agreements with agents, banks, insurers, or others for the purpose of enhancing the marketability of, or as a security for, its bonds.
Any financial institution, investment company, insurance company or association, and any personal representative, guardian, trustee, or other fiduciary, may legally invest any money belonging to them or within their control in any bonds issued by the Commission.
The bonds of the Commission, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, are exempt at all times from every kind of taxation by this State or by any of its political subdivisions, municipal corporations, or public agencies.
Subject to paragraph (2) of this subsection, the bonds of the Commission may be, but are not required to be, issued in conformance with any applicable provisions of the Internal Revenue Code of the United States in order that the interest payable thereon shall be excludable from federal gross income.
The Commission may not issue tax–exempt private activity bonds that require a volume cap allocation under provisions of the Internal Revenue Code.
This subtitle shall be liberally construed to effect its purposes.
This subtitle may be cited as the “Historic St. Mary’s City Commission Act”.
In this subtitle the following words have the meanings indicated.
“Center” means the Maryland Longitudinal Data System Center.
“Child welfare data” means data relating to a child’s experience with child protective services, family preservation services, and State–sponsored out–of–home services.
“Child welfare data” includes:
Out–of–home placement data, including:
Supervising jurisdiction;
Removal reason;
Characteristics at the time of removal;
Return reason;
Placement start and end dates; and
Placement type;
Family preservation services data, including:
Supervising jurisdiction;
Type of family preservation service; and
Service start and end dates; and
Child protective services data, including:
Responsible jurisdiction;
Type of child protective service response;
Date on which child protective services responded;
Alleged maltreatment type;
Disposition of an investigative response by child protective services; and
Date on which child protective services completes a response.
“De–identified data” means a data set in which parent and student identity information, including the State Assigned Student Identifier and student Social Security number, has been removed.
“Governing Board” means the Governing Board of the Maryland Longitudinal Data System Center.
“Industry certificate” means a certificate or license awarded by an industry certifier that prepares an individual to work in a career field.
“Industry certificate” does not include a business license or vocational certificate.
“Industry certifier” means a nationally recognized, third–party entity using predetermined standards for knowledge and skills that prepare an individual to work in a career field.
“License” means an occupational or professional license issued to an individual under the Business Occupations and Professions Article, the Business Regulation Article, or the Health Occupations Article.
“Licensing authority” means a State entity that issues a license to an individual.
“Personally identifiable information” means data that can be used to identify a particular individual and match that individual’s student or workforce record across different data sources.
“Personally identifiable information” includes:
Name;
Date of birth; and
Social Security number, SASID, or other government–assigned identification number.
“State Assigned Student Identifier” or “SASID” means the identifier assigned to each student by:
A local education agency based on the identifier system developed by the State Department of Education; or
An institution of higher education, if the student has not been assigned an identifier by a local education agency.
“Student data” means data relating to or impacting student performance.
“Student data” includes:
State and national assessments;
Course–taking and completion;
Grade point average;
Remediation;
Retention;
Degree, diploma, or credential attainment;
Enrollment;
Demographic data;
Juvenile delinquency records;
Elementary and secondary school disciplinary records;
Child welfare data;
License, industry certificate, or vocational certificate;
Personally identifiable information;
Parental status; and
Student disability data by specific disability category.
“Student data” does not include:
Criminal and CINA records;
Medical and health records; and
Pregnancy status.
“Vocational certificate” means a certificate or license awarded by an institution of postsecondary education approved to operate under § 11–202 of this article on completion of a course of study, including credit–bearing and noncredit courses, that prepares an individual to work in a career field.
“Workforce data” means data about employees relating to:
Employment status;
Wage information;
Geographic location of employment;
Employer information; and
Personally identifiable information.
The State Department of Education, Maryland Higher Education Commission, University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Maryland Department of Labor jointly shall establish the Maryland Longitudinal Data System that shall be fully operational by December 31, 2014.
The Maryland Longitudinal Data System is a statewide data system that contains individual–level student data and workforce data from all levels of education and the State’s workforce, and allows the Center to:
Effectively organize, manage, disaggregate, and analyze individual student data; and
Examine student progress and outcomes over time, including preparation for postsecondary education and the workforce.
The linkage of student data and workforce data for the purposes of the Maryland Longitudinal Data System shall be limited to no longer than 20 years from the date of latest attendance in any educational institution in the State.
The purpose of the Maryland Longitudinal Data System is to:
Generate timely and accurate information about student performance that can be used to improve the State’s education system and guide decision makers at all levels; and
Facilitate and enable the linkage of student data and workforce data.
There is a Maryland Longitudinal Data System Center.
The Center is an independent unit within State government.
The organizational placement and location of the Center shall be determined by the Governing Board.
The head of the Center is the Executive Director, who shall be appointed by the Governing Board.
The Center may employ the additional staff necessary to carry out the Center’s functions as provided in the State budget.
The Center shall be considered an authorized representative of the State Department of Education and the Maryland Higher Education Commission under applicable federal and State statutes for purposes of accessing and compiling student record data for research purposes.
The Center shall perform the following functions and duties:
Serve as a central repository of student data and workforce data in the Maryland Longitudinal Data System, including data sets provided by:
The State Department of Education;
Local education agencies;
The Maryland Higher Education Commission;
Institutions of higher education;
The Maryland Department of Labor;
The Department of Juvenile Services; and
The Social Services Administration within the Department of Human Services;
Oversee and maintain the warehouse of the Maryland Longitudinal Data System data sets;
Ensure routine and ongoing compliance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies, including:
The required use of de–identified data in data research and reporting;
The required disposition of information that is no longer needed;
Providing data security, including the capacity for audit trails;
Providing for performance of regular audits for compliance with data privacy and security standards; and
Implementing guidelines and policies that prevent the reporting of other potentially identifying data;
Conduct research using timely and accurate student data and workforce data to improve the State’s education system and guide decision making by State and local governments, educational agencies, institutions, teachers, and other education professionals;
Conduct research relating to:
The impact of State and federal education programs;
The performance of educator preparation programs;
Best practices regarding classroom instruction, education programs and curriculum, and segment alignment; and
The impact child welfare programs have on the educational and economic outcomes of students;
At the direction of the Accountability and Implementation Board established in Title 5, Subtitle 4 of this article provide:
A researcher designated by the Board access to the data in the Maryland Longitudinal Data System in accordance with the procedures for staff authorization and data access established by the Maryland Longitudinal Data System governing board;
Aggregate data tables; or
Research or evaluation;
Analyze social determinants from the following State agencies and appropriate local agencies that impact the education performance of students and indicate the need for wraparound services of students:
The Maryland Department of Health;
The Department of Juvenile Services; and
The Department of Human Services;
To the extent practicable, conduct longitudinal studies of the items under this section to evaluate the impact of the Blueprint for Maryland’s Future on the State;
Share data with third–party data centers only in accordance with § 24–703.4 of this subtitle;
Fulfill information and data requests to facilitate State and federal education reporting with existing State agencies as appropriate; and
Fulfill approved public information requests.
The Center shall submit a report to the Accountability and Implementation Board on the information determined under subsection (f)(7) and (8) of this section.
Direct access to data in the Maryland Longitudinal Data System shall be restricted to authorized staff of the Center.
The Center may only use de–identified data in the analysis, research, and reporting conducted by the Center.
The Center may only use aggregate data in the release of data in reports and in response to data requests.
Data that may be identifiable based on the size or uniqueness of the population under consideration may not be reported in any form by the Center.
The Center may not release or sell information that may not be disclosed under the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies.
The Center may receive funding from the following sources:
State appropriations;
Grants or other assistance from local education agencies and institutions of higher education;
Federal grants; and
Any other grants or contributions from public or private entities received by the Center.
In this section the following words have the meanings indicated.
“Foster care recipient” has the meaning stated in § 15–106.1 of this article.
“Homeless youth” has the meaning stated in § 15–106.1 of this article.
The Center shall develop a clear and easy–to–understand graphic data dashboard that is published annually on the Center’s website with information, disaggregated by local school system, regarding:
The number of students who are dually enrolled under Title 18, Subtitle 14A of this article; and
The number and course name of the courses in which a student under item (1) of this subsection dually enrolls at the high school and at the public institution of higher education.
The Center, in consultation with the Commission, shall develop a clear and easy–to–understand graphic data dashboard that is published annually on the Center’s website with information regarding the experience of foster care recipients and homeless youth and how out–of–home placement affected participation in higher education.
The information in the data dashboard under this subsection shall be disaggregated by the county, age, race, and ethnicity of the foster care recipients and homeless youth.
The data dashboard required under this subsection shall include information on:
The rate of enrollment in institutions of higher education by placement;
The type of institution of higher education in which foster care recipients and homeless youth are enrolled;
The type of financial support provided to foster care recipients and homeless youth enrolled in an institution of higher education, including the number that:
Received a tuition exemption during the previous academic year; and
Previously received a tuition exemption at any point during their enrollment at the institution of higher education but did not receive the tuition during the previous academic year; and
The graduation rate for foster care recipients and homeless youth from institutions of higher education.
On or before December 15, 2021, and each December 15 thereafter, the Center shall send to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a copy of the data dashboard published under this subsection, as the dashboard appeared on the date it is sent.
In this section the following words have the meanings indicated.
“Aggregated data” means de–identified data that is summarized by type of program of study or educational institution.
“Student information” means:
Student Social Security number;
Program of study;
Enrollment; and
Name of educational institution.
“Tax information” means income tax records, wage information, and other data stored by the Comptroller.
The Center and the Comptroller jointly shall develop a protocol for research purposes for the:
Center to send student information to the Comptroller;
Comptroller to match student information to tax information; and
Comptroller to produce aggregated data from the matched information on the average amount of wage or salary earnings from self–employment or other sources of income for individuals within each educational institution or program of study.
The Comptroller may not produce any aggregated data that may be identifiable based on the size or uniqueness of the population under consideration.
The Center and the Comptroller jointly shall develop data handling and security standards for the Comptroller to utilize for the protocol, including:
Data retention and disposition policies;
Authorized access and authentication for authorized access policies;
Privacy compliance standards; and
Breach notification and procedures.
The Comptroller shall comply with any data privacy and security standards in accordance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies.
The Center shall develop a protocol that is fully aligned with the Center’s data sets and security standards for:
A county board to convert a student’s home address and geolocation information into census tract and block numbers; and
The Department to collect the census tract and block number information from a county board and provide the information to the Center.
For fiscal years 2021 and 2022, the Governor shall appropriate in the annual State budget $100,000 to the Center for development of the protocol under this section.
In this section the following words have the meanings indicated.
“FedRAMP” means the Federal Risk and Authorization Management Program managed by the U.S. General Services Administration.
“Third–party data center” means a secure computational research platform managed by a person other than a state agency that allows states to securely share data for purposes of data matching and multistate reporting.
Subject to the requirements of this section, the Governing Board may authorize the Center to provide individual–level student data and individual–level workforce data to a third–party data center only for the purpose of facilitating multistate research and reporting on student outcomes.
The Governing Board may authorize the sharing of data under paragraph (1) of this subsection only with one third–party data center at a time.
Before authorizing the Center to provide data to a third–party data center, the Governing Board shall ensure that the third–party data center:
Has data handling and security standards that are at least as rigorous as those employed by the Center;
Is a FedRAMP–authorized and –certified platform;
Uses personally identifiable information only to the extent that is necessary for matching student data and workforce data with data from other states;
Employs privacy–enhancing techniques, including data hashing, in place of personally identifiable data whenever appropriate;
Uses only de–identified data for analytic purposes;
Releases only aggregate data in reports and other output; and
Does not report data in any form that may be used to identify individuals based on the size or uniqueness of the population under consideration.
Before providing any data to a third–party data center, the Center shall enter into a written data sharing agreement with a third–party data center, in which the third–party data center agrees to comply with:
The conditions listed under paragraph (1) of this subsection;
State and federal laws relating to data privacy; and
Any other criteria the Governing Board determines are appropriate.
Each year, the Governing Board shall review an authorized data sharing agreement to ensure that the use of student data and workforce data by the third–party data center remains compliant with the terms of the agreement.
Before providing any data to a third–party data center, the Governing Board shall affirmatively approve:
The sharing of the data elements that constitute each data set;
The sharing of each data set; and
Each proposed research or reporting project that seeks to use Maryland data.
Within 30 days after entering into a written data sharing agreement with a third–party data center in accordance with this section, the Center shall submit a report to the Senate Committee on Education, Energy, and the Environment and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, that includes:
The name of the third–party data center;
A summary of the data to be shared; and
The purpose of and value to the State for entering into the data sharing agreement.
Within 1 year of the date the report under paragraph (1) of this subsection was submitted and each year thereafter until the data sharing agreement is no longer in effect, the Center shall submit a report to the Senate Committee on Education, Energy, and the Environment and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, that describes:
The status of the data sharing agreement;
How the data is being used to further the purposes and stated value of the data sharing agreement; and
Any violations of the data sharing agreement, if any, and steps taken to remedy the violations.
There is a Governing Board of the Center.
The Governing Board shall include the following members:
The Secretary of Higher Education, or the Secretary’s designee;
The Chancellor of the University System of Maryland, or the Chancellor’s designee;
The President of Morgan State University, or the President’s designee;
The State Superintendent of Schools, or the Superintendent’s designee;
The Secretary of Juvenile Services, or the Secretary’s designee;
The Secretary of Labor, or the Secretary’s designee;
The Secretary of Human Services, or the Secretary’s designee;
A representative of local superintendents of schools, appointed by the Governor with the advice and consent of the Senate;
A representative of the executive directors of the health occupations boards, appointed by the Governor with the advice and consent of the Senate;
The Executive Director of the Maryland Association of Community Colleges, or the Executive Director’s designee;
The President of the Maryland Independent College and University Association, or the President’s designee; and
Four members of the public, appointed by the Governor with the advice and consent of the Senate.
One of the public members of the Governing Board shall have expertise in large data systems and data security.
The Governor shall appoint a chair of the Governing Board from among its members.
A member appointed by the Governor:
Serves at the pleasure of the Governor;
Serves for a term of 3 years and until a successor is appointed and qualifies; and
May be reappointed but may not serve more than two consecutive terms.
A member of the Governing Board:
May not receive compensation as a member of the Governing Board; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Governing Board shall:
Establish the organizational placement and location of the Center after seeking and evaluating proposals from interested entities based on criteria that shall include:
The ability of the entity to support the operation of a large data system;
Strength of funding support; and
Expertise in data security;
Develop an implementation plan to phase in the establishment and operation of the Maryland Longitudinal Data System and the Center;
Provide general oversight and direction to the Center;
Approve the annual budget for the Center;
Establish the policy and research agenda of the Center;
Before the incorporation of any individual data in the Maryland Longitudinal Data System:
Create an inventory of the individual student data:
Proposed to be maintained in the system; and
Required to be reported by State and federal education mandates;
Develop and implement policies to comply with the federal Family Educational Rights and Privacy Act and any other privacy measures, as required by law or the Governing Board; and
Develop a detailed data security and safeguarding plan that includes:
Authorized access and authentication for authorized access;
Privacy compliance standards;
Privacy and security audits;
Breach notification and procedures; and
Data retention and disposition policies;
Approve data sharing with third–party data centers in accordance with § 24–703.4 of this subtitle;
Oversee routine and ongoing compliance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies;
Ensure that any contracts that govern databases that are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance;
Designate a standard and compliance timeline for electronic transcripts that includes the use of SASID to ensure the uniform and efficient transfer of student data between local education agencies and institutions of higher education; and
Review research requirements and set policies for the approval of data requests from State and local agencies, the Maryland General Assembly, and the public.
The Governing Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on or before December 15 of each year.
The report shall include:
An update on the implementation of the Maryland Longitudinal Data System and the Center’s activities;
A list of all studies performed by the Center during the reporting period;
A list of currently warehoused data that is determined to be no longer necessary to carry out the mission of the Center;
Any proposed or planned expansion of data maintained in the database; and
Any other recommendations made by the Governing Board.
The Center shall adopt regulations to implement the provisions of this subtitle.
Local education agencies, community colleges, public senior higher education institutions, the Department of Human Services, and other State agencies shall:
Make every effort to comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System as set forth by the Governing Board; and
Transfer student data and workforce data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.
Private secondary schools may transfer student data and workforce data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.
For–profit institutions of higher education, private nonprofit institutions of higher education that do not receive State funds, and institutions of higher education that are required to register under § 11–202.2 of this article shall transfer student–level enrollment data, degree data, and financial aid data for all Maryland residents to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.
Private nonprofit institutions of higher education that receive State funds shall transfer student–level enrollment data, degree data, financial aid data, and credit data for all students to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.
An institution that transfers or discloses student–level data under paragraph (1) or (2) of this subsection is not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of the data that results from an act or omission by:
The Maryland Longitudinal Data System Center;
A State agency; or
A person provided access to the data by the Maryland Longitudinal Data System Center or a State agency.
If the Maryland Independent College and University Association transfers or discloses student–level data to the Maryland Longitudinal Data System or a State agency on behalf of a private nonprofit institution of higher education under paragraph (1) or (2) of this subsection, the association is not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of the data that results from an act or omission by:
The Maryland Longitudinal Data System Center;
A State agency; or
A person provided access to the data by the Maryland Longitudinal Data System Center or a State agency.
Notwithstanding any other provision of law, a licensing authority shall:
Make every effort to comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System as set forth by the Governing Board; and
Transfer student data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g) of this subtitle.
An industry certifier that receives State funds shall:
Comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System set forth by the Governing Board; and
Transfer student data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g) of this subtitle.
In this subtitle the following terms have the meanings indicated.
“Board” means the Northeast Maryland Higher Education Advisory Board.
“Center” means the University Center at HEAT.
“Commission” means the Maryland Higher Education Commission.
“Site” means a location where a 4–year institution of higher education offers Commission–approved undergraduate and graduate programs in Cecil County or Harford County.
There is a Northeast Maryland Higher Education Advisory Board.
The Board consists of the following voting members:
One representative of each of the 4–year institutions of higher education offering a Commission–approved program at the Center or at a site, appointed by the institution; and
The following 10 representatives, appointed in accordance with the bylaws of the Board:
Three representatives of regional businesses, industries, or corporations;
One representative of the Cecil County Office of Economic Development;
One representative of the Harford County Office of Economic Development;
One representative of Cecil College;
One representative of Harford Community College;
One representative of the Northeast Maryland University Research Park; and
Two representatives chosen from the community at large.
Each member serves for a term of 3 years and until a successor is appointed and qualifies.
A member may not serve more than two full consecutive terms.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Subject to subparagraph (ii) of this paragraph, the chair of the Board shall be elected by the Board from among its members.
A member who is a representative of an out–of–state institution may not serve as chair.
The voting members may elect other officers and establish committees, including advisory committees, as needed.
In addition to the voting members, the following individuals shall serve as ex officio, nonvoting members:
The Senior Mission Commander of the Aberdeen Proving Ground, or the Commander’s designee;
The Garrison Commander of the Aberdeen Proving Ground, or the Commander’s designee; and
The Center Director.
Each member of the Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
In addition to the other powers expressly granted and duties imposed by this title, and subject to the authority of the Commission, the Board has only the powers and duties set forth in this section.
The Board shall:
Assist and support the development of higher education in Cecil County and Harford County;
Assist in setting the missions of and accomplishing the goals and objectives of the sites in Cecil County and Harford County;
Advise the Center, site coordinators, and the supervisory staff to whom the coordinators report on programs offered and facility utilization;
Provide guidance and support in identifying institutions and programs to serve higher education and workforce needs in Cecil County and Harford County;
Assist with the marketing and promotion of programs offered at the Center and sites;
Facilitate interactions among the business, nonprofit, education, and military communities;
Keep separate records and minutes; and
Adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.
The Board may apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person.
The Board may make agreements with the federal, State, or a county government or any other person, if it considers the agreement advisable for the support of higher education.
The Board may adopt a corporate seal.
In addition to other reports that may be required by the Commission, the Board shall:
Keep records that are consistent with sound business practices and accounting records using generally accepted accounting principles;
Cause an audit by an independent certified public accountant to be made of the accounts and transactions of the Center at the conclusion of each fiscal year; and
For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government Article.
In this subtitle the following words have the meanings indicated.
“Board” means the Frederick Center for Research and Education in Science and Technology Governing Board.
“Commission” means the Maryland Higher Education Commission.
“Frederick CREST” means the Frederick Center for Research and Education in Science and Technology.
“Site” means a 4–year institution of higher education that offers Commission–approved undergraduate and graduate programs at Frederick CREST.
There is a Frederick Center for Research and Education in Science and Technology that is governed by the Frederick Center for Research and Education in Science and Technology Governing Board.
The Board consists of the following voting members:
One representative of each of the 4–year institutions of higher education offering a Commission–approved program at Frederick CREST and at a site, appointed by the institution;
The following nine representatives, appointed in accordance with the bylaws of the Board:
Five members of the Frederick County Business Roundtable for Education Executive Committee who are appointed as representatives from the following groups:
The Frederick County Chamber of Commerce;
Frederick Community College;
Frederick County Public Schools;
Frederick County Office of Economic Development; and
Frederick National Laboratory for Cancer Research (operating contractor);
Two representatives of regional businesses, industries, or corporations; and
Two representatives chosen from the community at–large;
The President of Hood College; and
The President of Mount St. Mary’s University.
Each member serves for a term of 3 years and until a successor is appointed and qualifies.
A member may not serve more than two full consecutive terms.
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
Subject to subparagraph (ii) of this paragraph, the chair of the Board shall be elected by the Board from among its members.
A member who is a representative of an out–of–state institution may not serve as chair.
The voting members may elect other officers and establish committees, including advisory committees, as needed.
In addition to the voting members, the following individuals shall serve as ex officio, nonvoting members:
The Senior Mission Commander of Fort Detrick;
The representative from Fort Detrick on the Frederick County Business Roundtable for Education Executive Committee;
The National Cancer Institute’s senior mission leader for the Frederick National Laboratory for Cancer Research, or the leader’s designee; and
The Director of Frederick CREST.
Each member of the Board:
Serves without compensation; and
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
In addition to the other powers expressly granted and duties imposed by this subtitle, and subject to the authority of the Commission, the Board has only the powers and duties set forth in this section.
The Board shall:
Operate and exercise general control over Frederick CREST;
Assist and support the development of higher education in the Frederick region;
Assist in setting the missions of and accomplishing the goals and objectives of the sites in Frederick County;
Assist in establishing a Frederick regional higher education center to be named the Frederick Center for Research and Education in Science and Technology;
Provide guidance and support in identifying institutions and programs to serve higher education and workforce needs in Frederick County;
Assist with the marketing and promotion of programs offered at Frederick CREST and sites;
Facilitate interactions among the business, nonprofit, education, military, and Frederick National Laboratory communities;
Keep separate records and minutes; and
Adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.
The Board may fix the salaries and terms of employment of the Director and other employees of Frederick CREST.
The Board may purchase, lease, or otherwise acquire any property it considers necessary for the operation of Frederick CREST.
The Board may sell, lease, or otherwise dispose of assets or property of Frederick CREST.
The Director of Frederick CREST or the chair of the Board may execute a conveyance or other legal document under an appropriate resolution of the Board.
The Board shall ensure that all academic programs and policies of Frederick CREST and sites are in compliance with the policies of and approved by the Commission for regional higher education centers in accordance with § 11–105 of this article.
The Board shall submit an adopted mission statement to the Commission subject to the policies and guidelines of the Commission.
The Board may apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person.
The Board may make agreements with the federal, the State, or a county government or any other person if the Board considers the agreement advisable for the operation of Frederick CREST.
The Board may adopt a corporate seal.
In addition to other reports that may be required by the Commission, the Board shall:
Keep records that are consistent with sound business practices and accounting records that use generally accepted accounting principles;
Cause an audit by an independent certified public accountant to be made of the accounts and transactions of Frederick CREST at the conclusion of each fiscal year; and
For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government Article.
In this subtitle the following words have the meanings indicated.
“Accountability Board” means the University Police Accountability Board.
“Campus area” means any property that is:
Owned, leased, operated by, or under the control of the University;
Located on:
The Homewood campus, meaning the area bounded by West University Parkway and East University Parkway on the north, East 28th Street and West 28th Street on the south, Remington Avenue and Stony Run stream on the west, and North Calvert Street on the east;
The East Baltimore campus, meaning the area bounded by East Eager Street on the north, East Baltimore Street on the south, North Caroline Street on the west, and North Castle Street on the east; or
The Peabody campus, meaning the area bounded by West Madison Street and East Madison Street on the north, East Hamilton Street and West Hamilton Street on the south, Cathedral Street on the west, and Saint Paul Street on the east; and
Used for educational or institutional purposes.
“Campus area” includes the public property that is immediately adjacent to the campus, including:
A sidewalk, a street, or any other thoroughfare; and
A parking facility.
“Memorandum of understanding” means an agreement between the Johns Hopkins University and the Baltimore Police Department regarding matters related to police jurisdiction and operations.
“Police department” means a University police department established under this subtitle.
“University” means the Johns Hopkins University.
“University police officer” means a police officer of a police department established under this subtitle.
Subject to the requirements of this subtitle, the Johns Hopkins University may establish a police department based on a memorandum of understanding.
The memorandum of understanding shall require that the Baltimore Police Department:
Have primary responsibility for all investigations and arrests related to Part I offenses specified under the Uniform Crime Reporting Program, except:
Theft;
Burglary; and
Motor vehicle taking;
Maintain any evidence collected from crime scenes at the Evidence Control Unit of the Baltimore Police Department, in accordance with Baltimore Police Department governing procedures and regulations; and
Impound any stolen vehicles in accordance with Baltimore Police Department governing procedures and regulations.
Subject to paragraph (2) of this subsection, a University police officer has the powers granted to a peace and police officer.
A University police officer may exercise these powers only:
On the University’s campus area; and
Subject to subparagraph (ii) of this paragraph, within areas adjacent to the campus area, as specified in the executed memorandum of understanding developed with input from the relevant community.
A University police officer may exercise these powers within areas adjacent to the campus area only if:
The University receives a majority of support from the members of the relevant campus–adjacent communities for the police department to operate in their communities; and
The Baltimore City Council approves a resolution affirming that the University has received the support required under item 1 of this subparagraph of the campus–adjacent community areas in which the police department is authorized to operate.
A University police officer may not exercise these powers on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Necessary to facilitate the orderly flow of traffic to and from a campus area;
Specially requested or authorized to exercise the powers in Baltimore City by the Mayor of Baltimore City if:
There is a sudden and unforeseen emergency of such public gravity and urgency that it requires an immediate response to protect the public welfare; and
The Mayor issues an order declaring an emergency that specifies the manner in which the police officer’s powers will be exercised; or
Ordered to exercise the powers by the Governor under a declared state of emergency.
If the University establishes a police department under this subtitle, the University shall:
Adopt standards, qualifications, and prerequisites for hiring and training University police officers that comply with the regulations of the Maryland Police Training and Standards Commission;
Adopt standards for character, education, human relations, public relations, and experience for University police officers;
Ensure constitutional and community–oriented policing through the adoption of policies, practices, and training that:
Promote recruiting and hiring diverse candidates, using local hiring and residency initiatives;
Advance impartial and nondiscriminatory policing to promote disability and diversity awareness and prevent profiling and implicit bias against racial, ethnic, sexual, religious, and other minorities;
Promote appropriate interactions with individuals who:
Are under the age of 18;
Have behavioral health or other disabilities; or
Are in crisis;
Ensure appropriate use of force, including:
The use of alternatives to force;
The use of de–escalation techniques; and
For any officer who carries a firearm, the use of nonlethal or less–lethal weapons;
Guarantee the adoption and use of appropriate and effective technology;
Ensure safe and humane treatment of individuals in custody;
Support the lawful exercise of rights of free expression, particularly in the context of a university community;
Build trust between victims of sexual assault and the police department and other University officials, consistent with University policy and federal and State law;
Promote community engagement, including:
Reporting community engagement plans each year to the Accountability Board established under § 24–1205 of this subtitle; and
Establishing a process to consider community or University requests for additional jurisdiction for the police department;
Establish a process to:
Allow any person, including members of the police department, to file complaints against University police officers; and
Ensure timely investigation of all complaints regarding the police department and its employees;
Require training for University police officers regarding searches, including consensual searches; and
Require that a University police officer be certified by the Maryland Police Training and Standards Commission;
Subject to subsection (b) of this section, within 5 years after the execution of a memorandum of understanding under § 24–1202 of this subtitle, maintain a police department in which at least 25% of the police department’s workforce are residents of Baltimore City;
Require University police officers to wear and use body–worn cameras in accordance with:
Procedures adopted by the University; and
The body–worn camera policy established by the Maryland Police Training and Standards Commission under § 3–511 of the Public Safety Article;
Employ not more than 100 employees within the police department; and
Seek accreditation by the Commission on Accreditation for Law Enforcement Agencies, the International Association of Campus Law Enforcement Administrators, or a similar organization.
Subsection (a)(4) of this section may not be construed to require the University to hire an officer who:
Does not meet the police officer certification requirements of the Maryland Police Training and Standards Commission specified under § 3–209 of the Public Safety Article; or
Fails an assessment that evaluates an applicant based on the standards adopted under subsection (a)(2) of this section.
If the University establishes a police department under this subtitle, the University shall host or participate in at least four job events in each calendar year, located in different sites in Baltimore City, representative of the Baltimore City community, at which individuals are interviewed for positions in the police department workforce.
Except as provided in paragraph (2) of this subsection, if the University establishes a police department under this subtitle, the police department may not acquire any military grade vehicle or military grade hardware, including:
An armored or weaponized:
Aircraft;
Drone; or
Vehicle; or
A weapon designated as a Title II weapon under the National Firearms Act.
If any of the items specified under paragraph (1) of this subsection are available for commercial sale in the State, the University, at its own expense, may purchase the items for the police department.
The police department may not accept any of the items specified under paragraph (1) of this subsection from a program operated by the federal government for the transfer of surplus military equipment to a law enforcement agency.
If the University establishes a police department under this subtitle, the police department shall acknowledge and respond to any recommendations of the University Police Accountability Board within 120 days after receiving the recommendations.
If the University establishes a police department under this subtitle, the University shall continue to make use of University security personnel or building guards in addition to the police department.
If the University establishes a police department under this subtitle, the University shall establish a University Police Accountability Board.
The purpose of the Accountability Board is to:
Enable community members to share community concerns regarding the police department directly with police department leadership;
Review police department metrics;
Provide feedback on existing police department policies and practices, including police department standards for hiring and recruitment; and
Suggest ideas for improving police department policies, procedures, and performance, including ideas for community–based public safety initiatives.
The Accountability Board shall be composed of 15 individuals, including:
Students, faculty, and staff of the University;
Members of the Baltimore City community from the neighborhoods adjacent to the campus area; and
A member of the Johns Hopkins University Black Faculty and Staff Association.
The Accountability Board shall include at least one community representative who is unaffiliated with the University from each of the following neighborhoods:
The neighborhood adjacent to the University’s Homewood campus;
The neighborhood adjacent to the University’s East Baltimore campus; and
The neighborhood adjacent to the University’s Peabody campus.
Except as provided in paragraph (4) of this subsection, University leadership shall appoint the individuals to the Accountability Board with the advice and consent of the Senate.
The Mayor of Baltimore City and the Baltimore City Council President each shall appoint an individual to the Accountability Board.
University leadership, in consultation with the Baltimore City Council, shall appoint the community representatives specified under paragraph (2) of this subsection with the advice and consent of the Senate.
The Accountability Board shall have the authority to:
Review police department metrics involving crime;
Review current and prospective police department policies, procedures, and training; and
Provide recommendations to the University on current and prospective police department policies, procedures, and training.
The Accountability Board shall:
Meet at least quarterly;
Hold at least one public meeting each year to seek input on police department policies, procedures, and training from community members of Baltimore City; and
Post the minutes from each meeting in a prominent manner on a website available to the public.
If the University establishes a police department under this subtitle, the police department is subject to the jurisdiction of the Civilian Review Board of Baltimore City established under § 16–42 of the Public Local Laws of Baltimore City.
If the University establishes a police department under this subtitle, the police department shall establish at least one Police Athletic/Activity League in Baltimore City through the National Association of Police Athletic/Activities Leagues, Inc., at its own expense.
If the University establishes a police department under this subtitle, on or before October 1 each year, the University shall report for the previous fiscal year:
The total number of University police officers employed by the University;
The following information relating to individuals who applied to join the University police department workforce:
The total number of individuals who applied, reported by county, state, and zip code of residence;
The total number of individuals who were hired as members of the workforce, reported by county, state, and zip code of residence;
The number of applicants, reported by county, state, and zip code of residence, who were disqualified during the application process for failing to meet the certification requirements of the Maryland Police Training and Standards Commission;
The number of applicants, reported by county, state, and zip code of residence, who were disqualified by failing an assessment that evaluates an applicant based on the standards adopted under § 24–1203(a)(2) of this subtitle; and
The number of Baltimore City residents, reported by zip code of residence, who were hired as members of the workforce;
The following information, reported by county, state, and zip code of residence, for the Johns Hopkins University Campus Security workforce:
The number of applicants to the workforce; and
The number of individuals hired to the workforce;
The amount of funds used to maintain the police department;
The total number of crimes that resulted in a University police officer arresting an individual;
The types of crimes that resulted in a University police officer arresting an individual;
The total number of traffic stops;
The number, type, and disposition of complaints filed against University police officers; and
The number and type of individuals who filed complaints, including whether the individual who filed the complaint was a student, a faculty member, a staff member, or an individual unaffiliated with the University;
A description of the complaint review process the University uses to review a complaint filed against a University police officer;
The number of officers disciplined, including the type of discipline administered;
The number of University police officer–involved shootings, line–of–duty deaths, and in–custody deaths;
A description of the number of community outreach events by the police department; and
A list of any surveillance technologies used by the police department.
The information required under subsection (a) of this section shall be:
Disaggregated by race, ethnicity, gender, age, and, when applicable, officer rank; and
Reported in a manner, consistent with federal law, that protects the confidentiality of the individual who filed the complaint to the extent possible.
The University shall report the information specified in subsection (a) of this section to:
The Mayor of Baltimore City;
The Baltimore City Council;
In accordance with § 2–1257 of the State Government Article, the General Assembly; and
The Accountability Board.
The University shall submit all incident reports to the Baltimore Police Department using the standard reporting policies and systems of the Baltimore Police Department.
Nothing in this subtitle shall be construed to affect the right of employees of the police department to form, join, support, or participate in a labor organization to engage in collective bargaining under applicable federal law.
If the University establishes a police department under this subtitle, the police department shall allow a person or governmental unit to access information in the same manner as a person or governmental unit would be able to access a public record of a law enforcement agency under the Public Information Act if the information is:
Included in records that are:
Created solely for law enforcement purposes; or
Related to an arrest for a criminal offense; and
Would be subject to disclosure under the Public Information Act if the information were in a record created by a law enforcement agency.
This section may not be construed to make an independent institution of higher education, as defined in § 10–101 of this article, subject to the Public Information Act.
If the University establishes a police department under this subtitle, the University, the police department, and the officers, employees, and agents of the University or police department:
Are not entitled to immunity under Title 5, Subtitle 3 of the Courts Article (Local Government Tort Claims Act), Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act), or common law public official immunity; and
May not raise the defense of sovereign immunity.
No action may be maintained against the State for the conduct or other acts of the University, the police department, or the officers, employees, or agents of the University or police department.
If the University establishes a police department under this subtitle, the Department of Legislative Services shall conduct a preliminary evaluation of the police department on or before December 15, 2027, in the same manner as a preliminary evaluation is conducted under the Maryland Program Evaluation Act.
If the Legislative Policy Committee does not determine that a full evaluation is needed, the Department of Legislative Services shall prepare legislation to extend the termination date under subsection (c) of this section and the evaluation date under paragraph (1) of this subsection.
If the Legislative Policy Committee determines a full evaluation is necessary, the Department of Legislative Services shall, in the same manner as is required under the Maryland Program Evaluation Act:
Conduct a full evaluation in the same manner as a full evaluation; and
Issue a full report to the General Assembly recommending that this subtitle should be reestablished, with or without changes, or allowed to terminate.
Subject to the evaluation and reestablishment provisions of this section, this subtitle and all policies and standards adopted under this subtitle shall terminate and be of no further effect after July 1, 2029.
The University shall be solely responsible for the pension, retirement, and any other benefits afforded to the employees of the police department.
The employees of the police department are not entitled to State pension, State retirement, or any other benefits afforded to State personnel arising out of their employment with the police department.
In this subtitle the following words have the meanings indicated.
“Commission” means the Maryland Higher Education Commission.
“Division” means the Division of Correction within the Department of Public Safety and Correctional Services.
“Governing entity” means:
The President of Bowie State University;
The President of Coppin State University;
The Board of Regents of Morgan State University;
The President of the University of Maryland Eastern Shore; and
The president, board of trustees, board of regents, or any other head of an institution of postsecondary education at which the Commission establishes a Pilot Program under § 24–1302 of this subtitle.
“Institution of postsecondary education” has the meaning stated in § 10–101 of this article.
“Pilot Program” means the Inmate Training and Job Pilot Program.
There is an Inmate Training and Job Pilot Program at:
Bowie State University;
Coppin State University;
Morgan State University; and
The University of Maryland Eastern Shore.
The Commission may establish a Pilot Program at an institution of postsecondary education not listed under paragraph (1) of this subsection through a memorandum of understanding.
The purpose of each Pilot Program is to provide educational and vocational training opportunities for an incarcerated individual in the 12 months preceding the incarcerated individual’s date of release.
The Pilot Program shall be administered jointly by the Commission and the governing entity of each institution of postsecondary education, with the cooperation of the Division.
Each Pilot Program shall have an individualized plan designed to prepare the incarcerated individual for success on release.
The individualized plan shall specify a professor or other staff member at the institution of postsecondary education who shall serve as the primary contact responsible for each incarcerated individual’s participation and education in the Pilot Program.
The primary contact shall select at least three students to serve as Pilot Program mentors who are:
At least 18 years old;
Enrolled in the institution of postsecondary education; and
If a Pilot Program is located at a 4–year institution of postsecondary education, enrolled in their junior or senior year.
A student who participates in the Pilot Program shall receive course credit and a small stipend from the Pilot Program.
To ensure that the incarcerated individual receives the support necessary to succeed, the primary contact shall meet with the incarcerated individual regularly during the incarcerated individual’s participation in the Pilot Program.
The primary contact shall work with the Division to ensure that the timing of course participation and Pilot Program meetings works with an incarcerated individual’s schedule.
Each governing entity shall ensure that an incarcerated individual participating in the Pilot Program is enrolled in a course or courses that:
Are credit bearing and may contribute to course graduation requirements for an institution of postsecondary education; or
Either in isolation or as part of a series of courses, lead to an industry–recognized certificate or license.
Courses provided under this section shall be:
Provided through a suitable format as indicated by the Pilot Program in consultation with the Commission, the Division, and the applicable institution of postsecondary education, whether virtual or nonvirtual; and
Subject to regulations adopted by the Commissioner of Correction under § 3–611 of the Correctional Services Article.
The Division shall:
Ensure that courses and instruction are provided in a suitable manner as indicated by the Pilot Program in consultation with the Commission, the Division, and the applicable institution of postsecondary education, whether virtual or nonvirtual;
Create a safe and reasonable process, whether virtually or in person, by which to confer a degree to an incarcerated individual who is still incarcerated and who completes the requirements for a degree as part of the Pilot Program; and
On or before June 1, 2022, create a process and system in coordination with the Commission to develop a hybrid virtual and in–person learning environment in the Division’s statewide system.
Each incarcerated individual who participates in the Pilot Program shall agree to provide the assigned institution of postsecondary education and nonprofit organization with regular updates for 2 years following the incarcerated individual’s release.
Updates provided under this subsection shall include information about the Pilot Program participant’s employment, enrollment in postsecondary education courses, and licensure or certification.
The Commission shall establish a hotline for participants in the Pilot Program through which a former incarcerated individual may be connected to counseling and job services.
Subject to paragraph (2) of this subsection, before a Pilot Program participant’s release, the Commission shall connect a participant with a nonprofit organization that serves individuals in the community where the participant plans to reside.
The Commission shall connect a participant with a nonprofit organization only if the participant desires the aid of a nonprofit organization whose mission includes aid with:
Job placement;
Housing services; or
Counseling services.
The Commission shall facilitate Pilot Program participant contact with the appropriate nonprofit organization.
The Commission shall encourage former Pilot Program participants to serve as contacts for future Pilot Program participants.
The Governor shall include in the annual budget bill an appropriation for the Pilot Program in the amount of:
$300,000 in fiscal year 2023;
$330,000 in fiscal year 2024;
$363,000 in fiscal year 2025; and
$363,000 in fiscal year 2026.
Funding appropriated under this section shall be provided to:
The Commission for:
Costs associated with the administration of the Pilot Program, including a designated employee responsible for the administration of the Pilot Program;
Grants made to institutions of postsecondary education that participate in the Pilot Program; and
Stipends provided to student mentors who participate in the Pilot Program; and
The Division for costs associated with the administration of the Pilot Program within the Division, including a designated employee responsible for the administration of the Pilot Program.
On or before December 15, 2022, and each December 15 through 2026, a governing entity shall report to the Commission on the number of incarcerated individuals enrolled in the Pilot Program at the institution in the current academic year.
Subject to paragraph (2) of this subsection, each year the Commission shall allocate funds to institutions of postsecondary education that participate in the Pilot Program on a pro rata basis, according to the most recent enrollment data required under subsection (c) of this section.
Institutions of postsecondary education must collectively aim to enroll at least 40 incarcerated individuals, to be divided among the institutions, to qualify for an allocation of funds under this subsection.
On or before July 1, 2024, the Commission, in consultation with the Division, shall submit an interim report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the progress of the Pilot Program.
On or before July 1, 2028, the Commission, in consultation with the Division, shall submit a final report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the progress of the Pilot Program.
The reports required under this section shall include the following information on program participants:
The courses in which a participant enrolled;
Post–confinement employment of a participant;
Post–confinement continuing education of a participant; and
Post–confinement certification or licensure of a participant.
The Compact for Education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as it appears in § 25-102 of this subtitle.
Article I. Purpose and Policy
a. It is the purpose of this Compact to:
Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.
Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
b. It is the policy of this Compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
c. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
Article II. State Defined
As used in this Compact, “state” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Article III. The Commission
a. The Education Commission of the states, hereinafter called “the Commission,” is hereby established. The Commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the Commission, six members shall be appointed and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the Commission representing the party states, there may be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
b. The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III (j).
c. The Commission shall have a seal.
d. The Commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice-chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary.
e. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission.
f. The Commission may borrow, accept or contract for the service of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
g. The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph f of this article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
h. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.
i. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
j. The Commission annually shall make to the governor and legislature of each party state a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.
Article IV. Powers
In addition to authority conferred on the Commission by other provisions of the Compact, the Commission shall have authority to:
Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.
Develop proposals for adequate financing of education as a whole and at each of its many levels.
Conduct or participate in research of the types referred to in this article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.
Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this Compact.
Article V. Cooperation with Federal Government
a. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representatives shall have a vote on the Commission.
b. The Commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.
Article VI. Committees
a. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty-two members which, subject to the provisions of this Compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One fourth of the voting membership of the steering committee shall consist of governors, one fourth shall consist of legislators, and the remainder shall consist of other members of the Commission. A federal representative on the Commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the Commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice-chairman, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two-term limitation.
b. The Commission may establish advisory and technical committees composed of state, local and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.
c. The Commission may establish such additional committees as its bylaws may provide.
Article VII. Finance
a. The Commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the Commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
b. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
c. The Commission shall not pledge the credit of any party states. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (g) of this Compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to Article III (g) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
d. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission.
e. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Commission.
f. Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.
Article VIII. Eligible Parties; Entry Into and Withdrawal
a. This Compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term “governor,” as used in this Compact, shall mean the closest equivalent official of such jurisdiction.
b. Any state or other eligible jurisdiction may enter into this Compact and it shall become binding thereon when it has adopted the same; provided, that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.
c. Adoption of the Compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this Compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the Commission from his state, and shall provide to the Commission an equitable share of the financial support of the Commission from any source available to him.
d. Except for a withdrawal effective on December 31, 1967, in accordance with paragraph c of this article, any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
Article IX. Construction and Severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating therein, the Compact shall remain in full force and effect as to the state affected as to all severable matters.
There is a Maryland Education Council.
The Council consists of seven members.
One member shall be the Governor, ex officio.
Two members shall be from the Senate and House of Delegates of the General Assembly, appointed by the respective presiding officers.
One member shall be the State Superintendent, ex officio.
Three members shall be residents of this State appointed by the Governor. These members shall have knowledge of and interest in educational matters and by virtue of their training, experience, knowledge, or affiliation shall be in a position collectively to reflect broadly the interests of the State government, higher education, the State education system, county education, and lay and professional, public and nonpublic educational leadership.
The three members appointed by the Governor serve for terms that coincide with that of the Governor.
Any member of the Council appointed by the Governor may be reappointed to one or more successive terms.
The Governor shall designate a chairman of the Council from among its members.
The Council shall meet:
On the call of its Chairman or the request of a majority of its members; and
At least three times in each year.
The Council may consider all matters relating to:
Public educational policy;
Recommendations of the Education Commission of the States; and
The activities of the representatives from this State on the Education Commission of the States.
The members of the Maryland Education Council shall be the representatives from this State on the Education Commission of the States.
Pursuant to Article III of the Compact, the Commission shall file a copy of its bylaws and any amendments thereto with the Maryland Education Council.
On the approval of this Compact by the minimum required number of states, as provided in the Compact, the Governor shall sign an engrossed copy of the Southern Regional Education Compact substantially as it appears in § 25-202 of this subtitle and sufficient copies of it, to provide each state that approves the Compact with an engrossed copy of it.
In consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as “states”), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this Compact, shall constitute an area for regional education supported by public funds derived from taxation by the constituent states and derived from other sources for the establishment, acquisition, operation and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this Compact.
The states do further hereby establish and create a joint agency which shall be known as the Board of Control for Southern Regional Education (hereinafter referred to as the “Board”), the members of which Board shall consist of the governor of each state, ex officio, and four additional citizens of each state to be appointed by the governor thereof, at least one of whom shall be selected from the field of education and at least one of whom shall be a member of the legislature of that state. The governor shall continue as a member of the Board during his tenure of office as governor of the state, but the members of the Board appointed by the governor shall hold office for a period of four years except that in the original appointments one Board member so appointed by the governor shall be designated at the time of his appointment to serve an initial term of two years, one Board member to serve an initial term of three years, and the remaining Board member to serve the full term of four years, but thereafter the successor of each appointed Board member shall serve the full term of four years. Vacancies on the Board caused by death, resignation, refusal or inability to serve, shall be filled by appointment by the governor for the unexpired portion of the term. The officers of the Board shall be a chairman, a vice-chairman, a secretary, a treasurer, and such additional officers as may be created by the Board from time to time. The Board shall meet annually and officers shall be elected to hold office until the next annual meeting. The Board shall have the right to formulate and establish bylaws not inconsistent with the provisions of this Compact to govern its own actions in the performance of the duties delegated to it including the right to create and appoint an executive committee and a finance committee with such powers and authority as the Board may delegate to them from time to time. The Board may, within its discretion, elect as its chairman a person who is not a member of the Board, provided such person resides within a signatory state, and upon such election such person shall become a member of the Board with all the rights and privileges of such membership.
It shall be the duty of the Board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary, or otherwise, as they may deem and determine to be proper, necessary or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in said Board as the agency of and for the use and benefit of the said states and the citizens thereof, and all such educational institutions shall be operated, maintained and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment and operation of such educational institutions.
In addition to the power and authority heretofore granted, the Board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the Board, to provide adequate services and facilities for the graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region, and such additional and general power and authority as may be vested in the Board from time to time by legislative enactment of the said states.
Any two or more states who are parties of this Compact shall have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the Board representing such states provided such agreement is submitted to and approved by the Board prior to the establishment of such institutions.
Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to said Board such funds as may be required for the establishment, acquisition, operation and maintenance of such regional educational institutions as may be authorized by the states under the terms of this Compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the Bureau of the Census of the United States of America; or upon such other basis as may be agreed upon.
This Compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six or more of the states whose governors have subscribed hereto within a period of eighteen months from the date hereof. When and if six or more states shall have given legislative approval to this Compact within said eighteen months’ period, it shall be and become binding upon such six or more states 60 days after the date of legislative approval by the sixth state and the governors of such six or more states shall forthwith name the members of the Board from their states as hereinabove set out, and the Board shall then meet on call of the governor of any state approving this Compact, at which time the Board shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this Compact by legislative action within two years from the date hereof, upon such conditions as may be agreed upon at the time. Provided, however, that with respect to any state whose constitution may require amendment in order to permit legislative approval of the Compact, such state or states shall become parties hereto upon approval of this Compact by legislative action within seven years from the date hereof, upon such conditions as may be agreed upon at the time.
After becoming effective this Compact shall thereafter continue without limitation of time; provided, however, that it may be terminated at any time by unanimous action of the states and provided further that any state may withdraw from this Compact if such withdrawal is approved by its legislature, such withdrawal to become effective two years after written notice thereof to the Board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the Board or to any of the funds of the Board held under the terms of this Compact.
If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this Compact, all rights, privileges and benefits of such defaulting state, its members on the Board and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one year immediately following the date of such default this Compact may be terminated with respect to such defaulting state by an affirmative vote of three fourths of the members of the Board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this Compact and shall have no further claim to or ownership of any of the property held by or vested in the Board or to any of the funds of the Board held under the terms of this Compact, but such termination shall in no manner release such defaulting state from any accrued obligations or otherwise affect this Compact or the rights, duties, privileges or obligations of the remaining states thereunder.
IN WITNESS WHEREOF this Compact has been approved and signed by governors of the several states, subject to the approval of their respective legislatures in the manner hereinabove set out, as of the 8th day of February, 1948.
���������������������������������STATE�OF�FLORIDA
���������������������������������By�Millard�F.�Caldwell
��������������������������������������Governor
���������������������������������STATE�OF�MARYLAND
���������������������������������By�Wm.�Preston�Lane,�Jr.
���������������������������������������Governor
���������������������������������STATE�OF�GEORGIA
���������������������������������By�M.�E.�Thompson
��������������������������������������Governor
���������������������������������STATE�OF�LOUISIANA
���������������������������������By�J.�H.�Davis
��������������������������������������Governor
���������������������������������STATE�OF�ALABAMA
���������������������������������By�James�E.�Folsom
��������������������������������������Governor
���������������������������������STATE�OF�MISSISSIPPI
���������������������������������By�F.�L.�Wright
��������������������������������������Governor
���������������������������������STATE�OF�TENNESSEE
���������������������������������By�Jim�McCord
��������������������������������������Governor
���������������������������������STATE�OF�ARKANSAS
���������������������������������By�Ben�Laney
��������������������������������������Governor
���������������������������������COMMONWEALTH�OF�VIRGINIA
���������������������������������By�Wm.�M.�Tuck
��������������������������������������Governor
���������������������������������STATE�OF�NORTH�CAROLINA
���������������������������������By�R.�Gregg�Cherry
��������������������������������������Governor
���������������������������������STATE�OF�SOUTH�CAROLINA
���������������������������������By�J.�Strom�Thurmond
��������������������������������������Governor
���������������������������������STATE�OF�TEXAS
���������������������������������By�Beauford�H.�Jester
��������������������������������������Governor
���������������������������������STATE�OF�OKLAHOMA
���������������������������������By�Roy�J.�Turner
��������������������������������������Governor
���������������������������������STATE�OF�WEST�VIRGINIA
���������������������������������By�Clarence�W.�Meadows
��������������������������������������Governor
The Southern Regional Education Compact is approved, confirmed, and ratified, and every paragraph, clause, provision, matter, and thing in the Compact shall be obligatory on this State and its citizens, and shall be forever faithfully and inviolably observed and kept by the government of this State and all of its citizens according to the true intent and meaning and provisions of the Compact.
The admission of the states of Delaware and West Virginia into the Southern Regional Education Compact is approved, and the states of Delaware and West Virginia or either of them shall become a party to the Compact upon approval in each instance by the legislature and the governor, and upon further approval of their admission by the other states which were party to the original Compact.
As of July 1, 1985, the State of Maryland approves the State of Oklahoma as a party to the Southern Regional Education Compact. Approval by the other states which are members of the Compact is required.
Upon the approval of this act, the Governor of Maryland shall sign an accurate copy of it and submit it to the Southern Regional Education Board, 1340 Spring Street, N.W., Atlanta, Georgia 30309.
The Maryland Higher Education Commission shall administer all programs under the Southern Regional Education Compact.
The Interstate Library Compact is hereby enacted into law and entered into by this State with all states legally joining it, in the form substantially as it appears in §§ 25-302 and 25-303 of this subtitle.
No political subdivision of this State shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c)(7) of the Compact, nor pledge its credit in support of such a library, or contribute to the capital financing thereof, except after compliance with any laws applicable to such political subdivisions relating to or governing capital outlays and the pledging of credit.
As used in the Compact, “State library agency,” with reference to this State, means the Maryland State Library Agency.
An interstate library district lying partly within this State may claim and be entitled to receive State aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this State. For the purposes of computing and apportioning State aid to an interstate library district, this State will consider that portion of the area which lies within this State as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly. Subject to any applicable laws of this State, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible.
The State Librarian shall be the compact administrator pursuant to Article X of the Compact. The State Library Board on the recommendation of the State Librarian may appoint one or more deputy compact administrators pursuant to said article.
In the event of withdrawal from the Compact the Governor shall send and receive any notices required by Article XI(b) of the Compact.
Interstate Library Compact
Article I. Policy and Purpose
Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this Compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.
Article II. Definitions
As used in this Compact:
“Public library agency” means any unit or agency of local or State government operating or having power to operate a library.
“Private library agency” means any nongovernmental entity which operates or assumes a legal obligation to operate a library.
“Library agreement” means a contract establishing an interstate library district pursuant to this Compact or providing for the joint or cooperative furnishing of library services.
Article III. Interstate Library Districts
Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this Compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.
Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.
If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:
Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof.
Accept for any of its purposes under this Compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same.
Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.
Employ professional, technical, clerical, and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the in-service training of such personnel.
Sue and be sued in any court of competent jurisdiction.
Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.
Construct, maintain and operate a library, including any appropriate branches thereof.
Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.
Article IV. Interstate Library Districts, Governing Board
An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.
Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.
Article V. State Library Agency Cooperation
Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this Compact for interstate library agreements.
Article VI. Library Agreements
In order to provide for any joint or cooperative undertaking pursuant to this Compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this Compact shall, as among the parties to the agreement:
Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable.
Provide for the allocation of costs and other financial responsibilities.
Specify the respective rights, duties, obligations and liabilities of the parties.
Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.
No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.
No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII of this Compact.
Article VII. Approval of Library Agreements
Every library agreement made pursuant to this Compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof.
In the event that a library agreement made pursuant to this Compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.
Article VIII. Other Laws Applicable
Nothing in this Compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.
Article IX. Appropriations and Aid
Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.
Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.
Article X. Compact Administrator
Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this Compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.
Article XI. Entry Into Force and Withdrawal
This Compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.
This Compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this Compact from any obligation of that agreement prior to the end of its duration as provided therein.
Article XII. Construction and Severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
The School Psychologist Interstate Licensure Compact is hereby enacted into law and entered into law by this State with all states legally joining it, in the form substantially as it appears in § 25–402 of this subtitle.
School Psychologist Interstate Licensure Compact.
Section 1. Purpose.
The purpose of this Compact is to facilitate the interstate practice of School Psychology in educational or school settings, and in so doing to improve the availability of School Psychological Services to the public. This Compact is intended to establish a pathway to allow School Psychologists to obtain equivalent licenses to provide School Psychological Services in any Member State. In this way, this Compact shall enable the Member States to ensure that safe and effective School Psychological Services are available and delivered by appropriately qualified professionals in their educational settings.
To facilitate the objectives described above, this Compact:
Enables School Psychologists who qualify for receipt of an Equivalent License to practice in other Member States without first satisfying burdensome and duplicative requirements;
Promotes the mobility of School Psychologists between and among the Member States in order to address workforce shortages and to ensure that safe and reliable School Psychological Services are available in each Member State;
Enhances the public accessibility of School Psychological Services by increasing the availability of qualified, licensed School Psychologists through the establishment of an efficient and streamlined pathway for Licensees to practice in other Member States;
Preserves and respects the authority of each Member State to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide School Psychological Services within that State;
Requires School Psychologists practicing within a Member State to comply with the Scope of Practice laws present in the State where the School Psychological Services are being provided;
Promotes cooperation between the Member States in regulating the practice of School Psychology within those States; and
Facilitates the relocation of military members and their spouses who are licensed to provide School Psychological Services.
Section 2. Definitions.
“Active Military Member” means any person with full–time duty status in the armed forces of the United States, including members of the National Guard and Reserve.
“Adverse Action” means disciplinary action or encumbrance imposed on a License by a State Licensing Authority.
“Alternative Program” means a non–disciplinary, prosecutorial diversion, monitoring, or practice remediation process entered into in lieu of an Adverse Action which is applicable to a School Psychologist and approved by the State Licensing Authority of a Member State in which the participating School Psychologist is licensed. This includes, but is not limited to, programs to which Licensees with substance abuse or addiction issues may be referred in lieu of an Adverse Action.
“Commissioner” means the individual appointed by a Member State to serve as the representative to the Commission for that Member State.
“Compact” means this School Psychologist Interstate Licensure Compact.
“Continuing Professional Education” means a requirement, imposed by a Member State as a condition of License renewal, to provide evidence of successful participation in professional educational activities relevant to the provision of School Psychological Services.
“Criminal Background Check” means the submission of fingerprints or other biometric information for a License applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d), and the State’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).
“Doctoral Level Degree” means a graduate degree program that consists of at least 90 graduate semester hours in the field of School Psychology, including a supervised internship.
“Encumbered License” means a License that a State Licensing Authority has limited in any way other than through an Alternative Program, including temporary or provisional licenses.
“Executive Committee” means the Commission’s Chair, Vice Chair, Secretary and Treasurer and any other Commissioners as may be determined by Commission Rule or bylaw.
“Equivalent License” means a license to practice School Psychology that a Member State has identified as a license that may be provided to School Psychologists from other Member States pursuant to this Compact.
“Home State” means the Member State that issued the Home State License to the Licensee and is the Licensee’s primary state of practice.
“Home State License” means the License that is not an Encumbered License issued by the Home State to provide School Psychological Services.
“License” means a current license, certification, or other authorization granted by a Member State’s Licensing Authority that permits an individual to provide School Psychological Services.
“Licensee” means an individual who holds a License from a Member State to provide School Psychological Services.
“Member State” means a State that has enacted the Compact and been admitted to the Commission in accordance with the provisions herein and Commission Rules.
“Model Compact” means the model language for the School Psychologist Interstate Licensure Compact on file with the Council of State Governments or other entity as designated by the Commission.
“Practice of School Psychology” means the delivery of School Psychological Services.
“Qualifying National Exam” means a national licensing examination endorsed by the National Association of School Psychologists and any other exam as approved by the Rules of the Commission.
“Qualifying School Psychologist Education Program” means an education program that awards a Specialist–Level or Doctoral–Level degree or equivalent upon completion and is approved by the Rules of the Commission as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified, and able to engage in the Practice of School Psychology.
“Remote State” means a Member State other than the Home State where a Licensee holds a License through the Compact.
“Rule” means a regulation promulgated by an entity, including but not limited to the Commission and the State Licensing Authority of each Member State, that has the force of law.
“School Psychological Services” means academic, mental, and behavioral health services, including assessment, prevention, consultation and collaboration, intervention, and evaluation, provided by a School Psychologist in a school as outlined in applicable professional standards as determined by Commission Rule.
“School Psychologist” means an individual who has met the requirements to obtain a Home State License that legally conveys the professional title of School Psychologist, or its equivalent as determined by the Rules of the Commission.
“School Psychologist Interstate Licensure Compact Commission” or “Commission” means the joint government agency established by this Compact whose membership consists of representatives from each Member State that has enacted the Compact, and as further described in Section 7.
“Scope of Practice” means the procedures, actions, and processes a School Psychologist licensed in a State is permitted to undertake in that State and the circumstances under which that Licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means including, but not limited to, statute, regulations, case law, and other processes available to the State Licensing Authority or other government agency.
AA. “Specialist–Level Degree” means a degree program that requires at least 60 graduate semester hours or equivalent in the field of School Psychology including a supervised internship.
BB. “State” means any state, commonwealth, district, or territory of the United States of America.
CC. “State Licensing Authority” means a Member State’s regulatory body responsible for issuing Licenses or otherwise overseeing the Practice of School Psychology.
DD. “State Specific Requirement” means a requirement for licensure covered in coursework or examination that includes content of unique interest to the State.
EE. “Unencumbered License” means a License that authorizes a Licensee to engage in the full and unrestricted Practice of School Psychology.
Section 3. State Participation in the Compact.
To be eligible to join this Compact, and to maintain eligibility as a Member State, a State must:
Enact a compact statute that is not materially different from the Model Compact as defined in the Commission’s Rules;
Participate in the sharing of information with other Member States as reasonably necessary to accomplish the objectives of this Compact, and as further defined in Section 8;
Identify and maintain with the Commission a list of Equivalent Licenses available to Licensees who hold a Home State License under this Compact;
Have a mechanism in place for receiving and investigating complaints about Licensees;
Notify the Commission, in compliance with the terms of the Compact and the Commission’s Rules, of any Adverse Action taken against a Licensee, or of the availability of investigative information that relates to a Licensee or applicant for licensure;
Require that applicants for a Home State License have:
a. Taken and passed a Qualifying National Exam as defined by the Rules of the Commission;
b. Completed a minimum of 1200 hours of supervised internship, of which at least 600 must have been completed in a School, prior to being approved for licensure; and
c. Graduated from a Qualifying School Psychologist Education Program; and
Comply with the terms of this Compact and the Rules of the Commission.
Each Member State shall grant an Equivalent License to practice School Psychology in that state upon application by a Licensee who satisfies the criteria of Section 4.A. Each Member State shall grant renewal of the Equivalent License to a Licensee who satisfies the criteria of Section 4.B.
Member States may set and collect a fee for granting an Equivalent License.
Section 4. School Psychologist Participation in the Compact.
To obtain and maintain an Equivalent License from a Remote State under this Compact, a Licensee must:
Hold and maintain an active Home State License;
Satisfy any applicable State Specific Requirements established by the Member State after an Equivalent License is granted;
Complete any administrative or application requirements which the Commission may establish by Rule, and pay any associated fees; and
Complete any requirements for renewal in the Home State, including applicable Continuing Professional Education requirements.
Upon their application to receive a license under this Compact, undergo a criminal background check in the Member State in which the Equivalent License is sought in accordance with the laws and regulations of such Member State.
To renew an Equivalent License in a Member State other than the Home State, a Licensee must only apply for renewal, complete a background check, and pay renewal fees as determined by the Licensing Authority.
Section 5. Active Military Members or Their Spouses.
A Licensee who is an Active Military Member or is the spouse of an Active Military Member shall be deemed to hold a Home State License in any of the following locations:
The Licensee’s permanent residence;
A Member State that is the Licensee’s primary State of Practice; and
A Member State where the Licensee has relocated pursuant to a Permanent Change of Station (PCS).
Section 6. Discipline/Adverse Actions.
Nothing in this Compact shall be deemed or construed to limit the authority of a Member State to investigate or impose disciplinary measures on Licensees according to the State Practice Laws thereof.
Member States shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of Licensees in other Member States upon request. Any Member State receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another Member State, the disclosing state shall communicate its intention and purpose for such disclosure to the Member State which originally provided that information.
Section 7. Establishment of the School Psychologist Interstate Licensure Compact Commission.
The Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact, and this agency shall be known as the School Psychologist Interstate Licensure Compact Commission. The Commission is an instrumentality of the Member States acting jointly and not an instrumentality of any one state. The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 11.
Membership, Voting, and Meetings.
Each Member State shall have and be limited to one (1) Commissioner selected by that Member State’s State Licensing Authority.
The Commissioner shall be the primary administrative officer of the Member State Licensing Authority or their designee who is an employee of the Member State Licensing Authority.
The Commission shall by Rule or bylaw establish a term of office for Commissioners and may by Rule or bylaw establish term limits.
The Commission may recommend removal or suspension of any Commissioner from office.
A Member State’s Licensing Authority shall fill any vacancy of its Commissioner occurring on the Commission within 60 days of the vacancy.
Each Commissioner shall be entitled to one vote on all matters before the Commission requiring a vote by Commission Commissioners.
A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners to meet by telecommunication, video conference, or other means of communication.
The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference or other similar electronic means.
The Commission shall have the following powers:
Establish the fiscal year of the Commission;
Establish code of conduct and conflict of interest policies;
Establish and amend Rules and bylaws;
Establish the procedure through which a Licensee may change their Home State;
Maintain its financial records in accordance with the bylaws;
Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s Rules, and the bylaws;
Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any Member State Licensing Authority to sue or be sued under applicable law may not be affected;
Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission, and designate an agent to do so on the Commission’s behalf;
Purchase and maintain insurance and bonds;
Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;
Conduct an annual financial review;
Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
Assess and collect fees;
Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
Establish a budget and make expenditures;
Borrow money;
Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
Provide and receive information from, and cooperate with, law enforcement agencies;
Establish and elect an Executive Committee, including a chair and a vice chair;
Determine whether a State’s adopted language is materially different from the model compact language such that the State would not qualify for participation in the Compact; and
Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.
The Executive Committee.
The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:
a. Oversee the day–to–day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its Rules and bylaws, and other such duties as deemed necessary;
b. Recommend to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Member States, fees charged to Licensees, and other fees;
c. Ensure Compact administration services are appropriately provided, including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the Commission;
f. Monitor Compact compliance of Member States and provide compliance reports to the Commission;
g. Establish additional committees as necessary;
h. Exercise the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the Commission.
The Executive Committee shall be composed of up to 7 members:
a. The chair and vice chair of the Commission shall be voting members of the Executive Committee; and
b. The Commission shall elect 5 voting members from the current membership of the Commission.
The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.
The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non–public meeting as provided in subsection F.2 below.
b. The Executive Committee shall give 30 days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.
c. The Executive Committee may hold a special meeting in accordance with subsection F.1.b. below.
The Commission shall adopt and provide to the Member States an annual report.
Meetings of the Commission.
All meetings shall be open to the public, except that the Commission may meet in a closed, non–public meeting as provided in subsection F.2 below.
a. Public notice for all meetings of the full Commission shall be given in the same manner as required under the Rulemaking provisions in Section 9, except that the Commission may hold a special meeting as provided in subsection F.1.b. below.
b. The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the Commission’s website, and other means as provided in the Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as an emergency.
The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non–public meeting for the Commission or Executive Committee or other committees of the Commission to receive legal advice or to discuss:
a. Non–compliance of a Member State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices, or procedures related to specific employees;
c. Current or threatened discipline of a Licensee by the Commission or by a Member State’s Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or confidential;
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;
k. Matters specifically exempted from disclosure by federal or Member State law; or
l. Other matters as promulgated by the Commission by Rule.
If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
Financing of the Commission.
The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
The Commission may accept any and all appropriate revenue sources as provided in C(14).
The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees practicing in the Member States under an Equivalent License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
The Commission may not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.
The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
Qualified Immunity, Defense, and Indemnification.
The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission may not in any way compromise or limit the immunity granted hereunder.
The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense, and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission.
Section 8. Facilitating Information Exchange.
The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the Rules of the Commission, consistent with generally accepted data protection principles.
Notwithstanding any other provision of State law to the contrary, a Member State shall agree to provide for the facilitation of the following Licensee information as required by the Rules of the Commission, including:
Identifying information;
Licensure data;
Adverse Actions against a License and information related thereto;
Non–confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under Member State law;
Any denial of application for licensure, and the reason(s) for such denial;
The presence of investigative information; and
Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission.
Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a Member State to control and maintain ownership of its Licensee information or alter, limit, or inhibit the laws or regulations governing Licensee information in the Member State.
Section 9. Rulemaking.
The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this interstate compact and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.
The Commission shall promulgate reasonable Rules to achieve the intent and purpose of this interstate compact. In the event the Commission exercises its Rulemaking authority in a manner that is beyond the purpose and intent of this interstate compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the Member States.
If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
Rules or amendments to the Rules shall be adopted or ratified at a regular or special meeting of the Commission in accordance with Commission Rules and Bylaws.
Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:
On the website of the Commission or other publicly accessible platform; and
On the website of each Member State Licensing Authority or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.
Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with 48 hours’ notice, with opportunity to comment, provided that the usual Rulemaking procedures shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
Meet an imminent threat to public health, safety, or welfare;
Prevent a loss of Commission or Member State funds;
Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or
Protect public health and safety.
Section 10. Oversight, Dispute Resolution, and Enforcement.
Oversight.
The executive and judicial branches of the State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
Default, Technical Assistance, and Termination.
If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.
The Commission shall provide a copy of the notice of default to the other Member States.
If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a supermajority of the delegates of the Member States, and all rights, privileges and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, the defaulting State’s Licensing Authority, and each of the Member States’ Licensing Authorities.
A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
Upon the termination of a State’s membership from this Compact, that State shall immediately provide notice to all Licensees within that State of such termination. The terminated State shall continue to recognize all Licenses granted pursuant to this Compact for a minimum of six (6) months after the date of said notice of termination.
The Commission may not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
Dispute Resolution.
Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non–Member States.
The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
Enforcement.
By majority vote as provided by Rule, the Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein may not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting Member State’s law.
A Member State may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
No person other than a Member State shall enforce this compact against the Commission.
Section 11. Effective Date, Withdrawal, and Amendment.
The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State.
On or after the effective date of the Compact indicated above, the Commission shall convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute.
a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 10.
b. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven.
Member States enacting the Compact subsequent to the Charter Member States shall be subject to the process set forth in Section 7.C(22) to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.
All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.
a. Any State that joins the Compact subsequent to the Commission’s initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
b. Any Member State may withdraw from this Compact by enacting a statute repealing the same.
A Member State’s withdrawal may not take effect until 180 days after enactment of the repealing statute.
Withdrawal may not affect the continuing requirement of the withdrawing State’s Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.
Upon the enactment of a statute withdrawing from this compact, a State shall immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all licenses granted pursuant to this compact for a minimum of six (6) months after the date of such notice of withdrawal.
Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non–Member State that does not conflict with the provisions of this Compact.
This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
Section 12. Construction and Severability.
This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules may not be construed to limit the Commission’s rulemaking authority solely for those purposes.
The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance may not be affected thereby.
Notwithstanding subsection B of this Section, the Commission may deny a State’s participation in the Compact or, in accordance with the requirements of Section 10.B, terminate a Member State’s participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
Section 13. Consistent Effect and Conflict With Other State Laws.
Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.
Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.
All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
A person may not willfully disturb or otherwise willfully prevent the orderly conduct of the activities, administration, or classes of any institution of elementary, secondary, or higher education.
A person may not molest or threaten with bodily harm any student, employee, administrator, agent, or any other individual who is lawfully:
On the grounds or in the immediate vicinity of any institution of elementary, secondary, or higher education;
On a school vehicle;
At an activity sponsored by a school that is held off school property; or
On property that is owned by a county board and is used for administrative or other purposes.
A person may not threaten with bodily harm any employee of any institution of elementary, secondary, or higher education at home by any means, including in person, by telephone, or by electronic mail. This prohibition applies only to threats arising out of the scope of the employee’s employment.
In addition to the penalties provided in this section or in § 6-409 of the Criminal Law Article, on application by the governing board of any institution of elementary, secondary, or higher education, the circuit court of the county in which the institution is located may issue an injunction restraining any specific activities that violate this section.
Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not exceeding 6 months, or both.
On or before December 1, 2022, and each December 1 thereafter, each county board of education, including the Baltimore City Board of School Commissioners, shall report to the Department on the number of school disruptions in the county in violation of this section for the immediately preceding school year.
A county board shall report the information required under paragraph (1) of this subsection in the following manner:
The disruptions shall be sorted into the following categories:
Attendance;
Arson, fire, or explosives;
Dangerous substances;
Sex offenses; and
Attack with a weapon, threats, or fighting; and
Each incident of disruption shall be disaggregated by:
The race, ethnicity, disability status, and gender of the individual;
The actions taken against an individual by the local school or county board resulting from a violation, including suspensions of fewer than 10 days, suspensions of 10 days or more, and expulsions; and
Referrals for prosecution.
On or before February 1, 2023, and each February 1 thereafter, the Department shall submit to the Maryland Center for School Safety and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report on incidents of school disruptions in public schools in the State from a compilation of the reports submitted to the Department under paragraph (1) of this subsection and disaggregated in the manner required under paragraph (2) of this subsection.
Each county board shall include information on school disruptions from the 2018–2019 and 2019–2020 school years in its report to the Department for the report due on December 1, 2022.
In this section, “school resource officer” means a law enforcement officer as defined under § 1–101(e) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under § 3–101(b) of the Public Safety Article and the local education agency.
The governing board, president, superintendent, principal, or school resource officer of any public institution of elementary, secondary, or higher education, or a person designated in writing by the board or any of these persons, may deny access to the buildings or grounds of the institution to any other person who:
Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who does not have lawful business to pursue at the institution;
Is a bona fide, currently registered student at the institution and has been suspended or expelled from the institution, for the duration of the suspension or expulsion; or
Acts in a manner that disrupts or disturbs the normal educational functions of the institution.
Administrative personnel, authorized employees of any public institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this section may demand identification and evidence of qualification from any person who desires to use or enter the premises of the institution.
The governing board of any public institution of elementary, secondary, or higher education may enter into an agreement with appropriate law enforcement agencies to carry out the responsibilities of this section when:
The institution is closed; or
None of the persons designated in subsection (b) of this section are present in the buildings or on the grounds of the institution.
A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:
Trespasses on the grounds of any public institution of elementary, secondary, or higher education;
Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a person designated in subsection (b) of this section as being authorized to deny access to the buildings or grounds of the institution; or
Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flower on the grounds of any of these institutions.
Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school.
A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any elementary or secondary school athletic contest may not refuse to comply with a request by a law enforcement officer to stop drinking and causing the public disturbance. If the person complies with the first request, he may not be charged under this section.
Any person under 18 years of age who violates the provisions of this section shall be issued a citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.
Any person 18 years old or older violating the provisions of this section shall be issued a citation and be subject to § 10-119 of the Criminal Law Article.
In this section, “school bus driver” means the driver of a school vehicle as defined in § 11–154 of the Transportation Article while employed by or under contract with a local school system.
A person may not obstruct, hinder, or interfere with a school bus driver while the school bus driver is engaged in the performance of the school bus driver’s official duties.
Any person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 1 year, or both.
In this section, “academic paper” means any theme, essay, term paper, book report, report, thesis, dissertation, or other written assignment.
A person may not sell or offer for sale any assistance in the preparation, research, or writing of an academic paper if he knows that the buyer intends to submit the academic paper substantially unchanged to an educational institution as the original work of someone other than the author, in fulfilling the requirements for a degree, diploma, certificate, or course of study.
This section does not prevent:
An educational institution, or any of its faculty or staff, from offering courses, instruction, counseling, or tutoring in research or writing as part of a program authorized by the institution;
Any person from offering tutorial assistance that does not include the preparation, research, or writing of an academic paper intended for submission to an educational institution in fulfilling the requirements for a degree, diploma, certificate, or course of study; or
Any person from typing, transcribing, or reproducing a manuscript for a fee.
Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both.
A person may not falsely make, falsely alter, forge, counterfeit, or cause or procure to be falsely made, falsely altered, forged, or counterfeited, or willingly aid or assist in falsely making, falsely altering, forging, or counterfeiting a transcript, diploma, or grade report of an institution of postsecondary education.
A person may not knowingly buy, sell, distribute, use, offer, or present as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report of an institution of postsecondary education.
A person may not buy, sell, distribute, use, offer, or present as genuine a transcript, diploma, or grade report of an entity that represents itself as an institution of postsecondary education if the person knows or has reason to know the entity is not authorized to operate as an institution of postsecondary education in the State or in another state or country.
A person may not use, offer or present a transcript, diploma, or grade report of an institution of postsecondary education in a fraudulent manner.
A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding 6 months, or both.
In this section the following words have the meanings indicated.
“Access information” means a user name, a password, log–in information, an account name, or any other security information that protects access to a personal electronic account.
“Institution of postsecondary education” has the meaning stated in § 10–101(i) of this article.
“Personal electronic account” means an account created via an electronic medium or a service that allows users to create, share, or view user–generated content, including uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, electronic mail, Internet website profiles or locations, or any other electronic information.
“Personal electronic account” does not include an account that is opened on behalf of, or owned or provided by, an institution of postsecondary education.
“Student” includes an individual who is a participant, trainee, or student in an organized course of study or training offered by an institution of postsecondary education.
Subject to subsection (c) of this section, an institution of postsecondary education may not:
Require, request, suggest, or cause a student, an applicant, or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual’s personal electronic account;
Compel a student, an applicant, or a prospective student, as a condition of acceptance or participation in curricular or extracurricular activities, to:
Add to the list of contacts associated with a personal electronic account any individual, including a coach, a teacher, an administrator, another employee of the institution of postsecondary education, or a volunteer; or
Change the privacy settings associated with a personal electronic account;
Take any action or threaten to take any action to discharge, discipline, prohibit from participating in curricular or extracurricular activities, or otherwise penalize a student as a result of the student’s refusal to:
Grant access to, allow observation of, or disclose any information that allows access to or observation of a personal electronic account;
Add any individual to the list of contacts associated with a personal electronic account; or
Change the privacy settings associated with a personal electronic account; or
Fail or refuse to admit an applicant as a result of the applicant’s refusal to:
Grant access to, allow observation of, or disclose any information that allows access to or observation of a personal electronic account;
Add any individual to the list of contacts associated with a personal electronic account; or
Change the privacy settings associated with a personal electronic account.
This section may not be construed to:
Prohibit an institution of postsecondary education from requesting or requiring a student to disclose access information to allow the institution of postsecondary education to gain access to an electronic account:
Opened at the institution of postsecondary education’s behest; or
Provided by the institution of postsecondary education;
Prohibit or restrict an institution of postsecondary education from viewing, accessing, or utilizing information about a student, an applicant, or a prospective student that:
Can be obtained without access information;
Is publicly accessible; or
Is available to the institution of postsecondary education as the result of actions undertaken independently by the student;
Create a duty requiring an institution of postsecondary education to search or monitor the activity of a personal electronic account;
Make an institution of postsecondary education liable for failing to request or require a student, an applicant, or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual’s personal electronic account;
Prohibit a student, an applicant, or a prospective student from allowing an athletic coach or administrator to view the student’s, applicant’s, or prospective student’s publicly accessible communications; or
Apply to:
A suspected criminal activity investigation into the publicly accessible communications of a student, an applicant, or a prospective student that is performed by a public safety department or police agency of an institution of postsecondary education; or
An investigation, an inquiry, or a determination relating to the publicly accessible communications of a student, an applicant, or a prospective student that is conducted in accordance with the health or public safety administration assessment policy or protocol of an institution of postsecondary education.
Notwithstanding any other provision of this section, the governing board of an institution of postsecondary education may adopt a policy authorizing an employee of the institution of postsecondary education to request a student, in order to complete an academic or career–based activity, to create a generic personal electronic account.
Subject to paragraph (2) of this subsection, an individual who is the subject of a violation of any provision of this section may:
Bring a civil action to enjoin the violation or for damages;
Add a claim for damages to an action seeking injunctive relief; and
Recover not more than $1,000 in damages plus reasonable attorney’s fees and court costs.
An individual may not bring an action for damages or add a claim for damages to an action seeking injunctive relief under this section until at least 60 days after making a written demand of the alleged violator for not more than $1,000 that:
Includes reasonable documentation of the violation; and
Is served in the manner provided for service of process in a civil action under the Maryland Rules or by certified mail to the residence or principal office or place of business of the alleged violator.
An action under this subsection may be brought in the District Court for the county in which:
The alleged violation occurred; or
The alleged violator resides or has a principal office or place of business.
It is an affirmative defense to any claim under this section that the institution of postsecondary education acted to comply with the requirements of a federal or State law.
In this subtitle the following words have the meanings indicated.
“Admissions application” means an individual application to enroll as an undergraduate student at an institution of higher education.
“Criminal history” means an arrest or a criminal conviction.
“Third–party admissions application” means an admissions application not controlled by the institution.
This subtitle applies to institutions of higher education that receive State funds.
Except as provided in subsection (b) of this section, an institution of higher education may not use an admissions application that contains questions about the criminal history of the applicant.
An institution of higher education may use a third–party admissions application that contains questions about the criminal history of the applicant if the institution:
Does not use the third–party admissions application to disqualify an applicant based on the applicant’s criminal history; and
Posts a notice on its website stating that a criminal history does not disqualify an applicant from admission.
Subject to § 26–505 of this subtitle, an institution of higher education may make inquiries into and consider information about a student’s criminal history for the purpose of:
Making decisions regarding access to campus residency; or
Offering supportive counseling or services to help rehabilitate and educate the student on barriers a criminal record may present.
Subject to paragraph (2) of this subsection, in making inquiries or considering information under this section, an institution of higher education may not automatically or unreasonably restrict a student’s access to campus residency based on that student’s criminal history.
An institution of higher education may develop a process for determining or restricting access to campus residency for a student who has been convicted of:
A sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;
A crime of violence under Title 14 of the Criminal Law Article; or
A substantially similar crime in another state.
In deciding to deny or limit a student’s access to campus residency under § 26–504 of this subtitle, an institution of higher education shall develop a process for determining whether there is a relationship between a student’s criminal history and campus residency.
The process developed under this section shall be set forth in writing and shall include consideration of:
The age of the student at the time any aspect of the student’s criminal history occurred;
The time that has elapsed since any aspect of the student’s criminal history occurred;
The nature of the criminal history; and
Any evidence of rehabilitation or good conduct produced by the student.
An institution of higher education that inquires into or considers information about a student’s criminal history, in a manner consistent with this subtitle, shall consider the State’s policy to promote the admission of students with criminal records, including formerly incarcerated individuals, to provide these students with the opportunity to obtain the knowledge and skills needed to contribute to the State’s economy.
In this subtitle the following words have the meanings indicated.
“Consumer reporting agency” has the meaning stated in § 14–1201 of the Commercial Law Article.
“Nonconforming payment” means a payment made by a student loan borrower that is more or less than the required payment for a student education loan account.
“Servicing” means:
Receiving any scheduled periodic payments from a student loan borrower or notification of the payments; and
Applying the payments to a student loan borrower’s account according to the terms of a student education loan or a contract governing the services;
During a period when no payment is required on a student education loan:
Maintaining account records for the student education loan; and
Communicating with the student loan borrower regarding the student education loan on behalf of the holder of the student education loan; or
Interacting with a student loan borrower, including interactions to help prevent default on obligations arising from a student education loan, to facilitate the activities described in item (1) or (2) of this subsection.
“Student education loan” means any loan that is:
Made, insured, or guaranteed under Title IV of the Higher Education Act of 1965, as amended; or
Regardless of whether the loan is provided through the educational institution that the student loan borrower attends or directly to the student loan borrower from the lender, extended to an individual with the express expectation that the funds extended will be used in whole or in part to pay expenses that are included as part of the cost of attendance of a student as defined in 20 U.S.C. § 1087.
“Student education loan” includes a loan that is extended in order to refinance or consolidate a consumer’s existing student education loans.
“Student education loan” does not include, regardless of the purpose for the loan, a loan:
Under an open–end credit plan as defined in 12 C.F.R. § 1026.2; or
That is secured by real property.
“Student loan borrower” means a resident of the State who:
Has received or agreed to pay a student education loan; or
Shares repayment responsibility with a resident described in item (1) of this subsection.
“Student loan servicer” means a person, regardless of location, responsible for servicing a student education loan to a student loan borrower.
“Student loan servicer” includes a trust entity performing or having the authority to control student loan servicing.
Except as otherwise required by federal law or a court order, a student loan servicer may not:
Employ, directly or indirectly, any scheme, device, or artifice to mislead a student loan borrower;
Engage in any unfair, abusive, or deceptive trade practice toward any person;
Misrepresent information or omit any material information in connection with the servicing of a student education loan, including:
Any fee owed by a student loan borrower;
Any payment due by a student loan borrower;
The appropriateness or availability of a student loan borrower’s repayment options;
The terms and conditions of the student education loan; and
The student loan borrower’s obligations under the student education loan;
Obtain property by misrepresentation of fact or omission of material fact;
On or after February 1, 2020, allocate a nonconforming payment in a manner other than as directed by the student loan borrower if, in writing or electronically, the student loan borrower:
Makes a one–time direction for the allocation of future payments;
Directs an allocation of a payment at the time the payment is made;
Directs an allocation in response to an inquiry by the student loan servicer; or
Changes an existing direction for the allocation of future payments;
Knowingly or recklessly misapply, or refuse to correct a misapplication of a payment from a student loan borrower;
Knowingly or recklessly provide inaccurate information to a consumer reporting agency, or refuse to correct inaccurate information provided to a consumer reporting agency;
If a student loan servicer regularly reports information to a consumer reporting agency, fail to report the favorable history of a student loan borrower to a nationally recognized consumer reporting agency at least once a year;
Subject to subsection (b) of this section, refuse to communicate with an authorized representative of a student loan borrower who provides a written authorization signed by the student loan borrower;
Negligently make a false statement or omit a material fact in connection with any information report filed with, or any investigation conducted by, a state or local government agency; or
Violate any federal law concerning student education loan servicing.
A student loan servicer may adopt procedures to verify that an authorized representative of a student loan borrower is, in fact, authorized to act on behalf of the student loan borrower.
A student loan servicer shall acknowledge receipt of a written inquiry or complaint from a student loan borrower or the authorized representative of a student loan borrower within 10 days after receiving the inquiry or complaint.
Unless a response to the written inquiry is included in the acknowledgment required under paragraph (1) of this subsection, a student loan servicer shall provide information responding to a written inquiry or complaint received under paragraph (1) of this subsection within 30 days after receiving the inquiry or complaint.
If a written inquiry or complaint received under paragraph (1) of this subsection relates to a student loan borrower’s account balance, the information provided under paragraph (2) of this subsection shall:
State that the student loan servicer has corrected the account balance; or
Explain why the student loan servicer believes that the student loan borrower’s account is correct.
If a student loan borrower requests a document concerning the account of the student loan borrower that is in the possession or control of a student loan servicer, the student loan servicer shall provide the document within 30 days after receiving the request.
A violation of this subtitle is:
An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and
Subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.
The Commissioner of Financial Regulation may enforce the provisions of this subtitle by exercising any of the powers provided under §§ 2–113 through 2–116 of the Financial Institutions Article.
The Commissioner of Financial Regulation may seek an injunction to prohibit a person who has engaged in or is engaging in a violation of this subtitle from engaging in or continuing to engage in the violation.
The court may enter any order or judgment necessary to:
Prevent the use by a person of a prohibited practice;
Restore to a person any money or real or personal property acquired from the person by means of a prohibited practice; or
Appoint a receiver in a case of a willful violation of this subtitle.
In any action brought by the Commissioner of Financial Regulation under this subsection, the Commissioner is entitled to recover the costs of the action for the use of the State.
The Commissioner of Financial Regulation may enforce the provisions of this subtitle by requiring a violator to take affirmative action to correct the violation, including the restitution of money or property to a person aggrieved by the violation.
The Commissioner of Financial Regulation may:
Investigate violations of this subtitle; and
Aid any other unit of State government that has regulatory jurisdiction over the business activities of the violator.
The Commissioner of Financial Regulation may cooperate in the investigation and prosecution of any violation of this subtitle with the Office of the Attorney General, the State’s Attorney, or any other unit of law enforcement.
In this subtitle, “race” has the meaning stated in § 20–101 of the State Government Article.
This subtitle does not apply to:
With respect to discrimination on the basis of sex, a prekindergarten program or school that limits admission to students of only one sex;
With respect to discrimination on the basis of religion, a nonpublic prekindergarten program or nonpublic school that is affiliated with a religious institution:
Providing instruction on the religious beliefs of the religion with which the program or school is affiliated;
Declining to provide instruction in beliefs that are different from the religion with which the program or school is affiliated;
Requiring student attendance at religious events inherent to the religion with which the program or school is affiliated;
Limiting admissions to or having a preference in admissions for a student of certain religious beliefs or a student who is a member or is part of a family that is a member of the religious institution affiliated with the program or school, if the program or school has had the limitation or preference continually since the date on which the program or school was established; or
Granting tuition discounts for a student of certain religious beliefs or who is a member or is part of a family that is a member of the religious institution affiliated with the program or school if the practice of granting the discounts was established the later of before July 1, 2022, or since the date on which the program or school was established; and
With respect to discrimination on the basis of disability, a nonpublic prekindergarten program or nonpublic school that is in compliance with § 504 of the federal Rehabilitation Act of 1973 or the federal Americans with Disabilities Act, as applicable.
This subtitle does not require a nonpublic prekindergarten program or nonpublic school that is religiously affiliated to enroll, retain, or extend privileges to a student or prospective student who does not meet the usual and regular qualifications, requirements, and standards of the program or school or to adopt any rule, regulation, or policy that conflicts with the program or school’s religious or moral teachings, provided that the denial, rule, regulation, or policy is not based on discrimination on the grounds of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.
This section applies to:
A county board;
A public prekindergarten program;
A public primary or secondary school;
A nonpublic prekindergarten program that receives State funds; and
A nonpublic primary or secondary school that receives State funds.
An entity listed under subsection (a) of this section may not:
Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or
Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.
An entity listed under subsection (a) of this section shall print in its student handbook the following statement:
“It is the policy of the State of Maryland that all public and publicly funded schools and school programs operate in compliance with:
Title VI of the federal Civil Rights Act of 1964; and
Title 26, Subtitle 7 of the Education Article of the Maryland Code, which states that public and publicly funded schools and programs may not:
Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or
Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.”.
A person alleging discrimination in violation of § 26–704 of this subtitle may file a complaint with the State Superintendent.
A complaint filed under paragraph (1) of this subsection shall specify the relief or remedy requested.
A parent or guardian of a minor alleging discrimination may submit a complaint under this subsection on behalf of the minor.
On receipt of a complaint under subsection (a) of this section, the State Superintendent shall provide notice of the complaint to:
The program or school that is the subject of the complaint; and
The county board for the county in which the public prekindergarten program or public primary or secondary school is located.
Within 30 days of receiving a notice under subsection (b) of this section, the program or school and, if appropriate, county board shall submit a response to the State Superintendent.
The State Superintendent shall attempt to mediate an agreement between the complainant and respondent to remedy and eliminate the discrimination.
If mediation under subparagraph (i) of this paragraph results in an agreement between the parties, the State Superintendent shall issue to both parties a written statement of the mediation findings and agreement, including the timeline within which any agreed actions must be taken.
If a mediation agreement is not reached under paragraph (1) of this subsection within 60 days after the complaint is filed, the State Superintendent shall issue a decision on the complaint to both parties.
A decision issued under subparagraph (i) of this paragraph shall:
Be in writing;
Contain any findings of fact determined by the State Superintendent; and
Specify any actions necessary to remedy or eliminate the discrimination, including the timeline within which the actions must be taken.
If the State Superintendent finds that a county board, program, or school violated § 26–704 of this subtitle, a decision issued under subparagraph (i) of this paragraph may require the Comptroller to withhold funding from the program or school in an amount determined by the State Superintendent in accordance with § 2–303(b) of this article.
A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required under subsection (d) of this section may reopen a complaint made under this section without:
Filing a new complaint under subsection (a) of this section; or
Engaging in mediation under subsection (d)(1) of this section.
If the State Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required under subsection (d) of this section, the State Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the program or school in an amount determined by the State Superintendent in accordance with § 2–303(b) of this article.
A complainant or respondent may appeal to the Office of Administrative Hearings:
Within 10 days after receiving a decision issued by the State Superintendent under subsection (d)(2) of this section; or
If the State Superintendent does not issue a decision as required under subsection (d)(2) of this section, within 10 days after the date by which the decision should have been issued.
An appeal hearing shall be held in the county where the alleged discriminatory act occurred.
If, after reviewing all of the evidence, the administrative law judge finds that the respondent has engaged in discrimination, the administrative law judge shall:
Issue a decision and order stating the judge’s findings of fact and conclusions of law; and
Issue and cause to be served on the respondent an order requiring the respondent to:
Cease and desist from engaging in the discrimination; and
Take affirmative action to effectuate the purposes of this subtitle.
The State Board, in consultation with the State Superintendent, shall adopt regulations to establish procedures for complaint processing, mediation, and enforcement and otherwise carry out the requirements of this section.
In this section the following words have the meanings indicated.
“Agent of a regulated gaming entity” includes a marketing firm or other similar entity contracted to perform gaming–related services for a regulated gaming entity.
“Institution of higher education” has the meaning stated in § 10–101 of this article.
“Mobile sports wagering licensee” has the meaning stated in § 9–1E–01 of the State Government Article.
“Online sports wagering” has the meaning stated in § 9–1E–01 of the State Government Article.
“Online sports wagering operator” has the meaning stated in § 9–1E–01 of the State Government Article.
“Regulated gaming entity” means:
A mobile sports wagering licensee;
An online sports wagering operator; or
A sports wagering licensee.
“Sports wagering” has the meaning stated in § 9–1E–01 of the State Government Article.
“Sports wagering licensee” has the meaning stated in § 9–1E–01 of the State Government Article.
An institution of higher education may not enter into a contract with a regulated gaming entity or an agent of a regulated gaming entity if, under the terms of the contract, the institution of higher education receives a commission, a bonus, or any other incentive payment based on the success of securing student participation in sports wagering or online sports wagering.
An institution of higher education may not enter into a contract with a sports marketing entity that enters into a contract with a regulated gaming entity or an agent of a regulated gaming entity if, under the terms of the contract, either the sports marketing entity or the institution of higher education receives a commission, bonus, or any other incentive payment based on the success of securing student participation in sports wagering or online sports wagering.
Except as provided in subsections (b) and (c) of this section, this section does not preclude contract formation between an institution of higher education and a regulated gaming entity, an agent of a regulated gaming entity, or a sports marketing entity.
Notwithstanding any other provision of law, a contract formed in accordance with this subsection by a public institution of higher education is subject to public inspection in accordance with the Maryland Public Information Act.
In this section the following words have the meanings indicated.
“Donor preference” means a preference given to an applicant to an institution of higher education by the institution based on the applicant’s familial relationship to a person who provides financial support to the institution.
“Legacy preference” means a preference given to an applicant to an institution of higher education by the institution based on the applicant’s familial relationship to an alum of the institution.
This section applies to an institution of higher education in the State that receives State funds.
An institution of higher education may not consider a legacy preference or donor preference as an eligible criterion for admission standards to the institution.
An institution of higher education may ask applicants to provide information about familial relationships to alums of the institution for the purpose of collecting data.