Education (GED) — Title 2. State Department of Education
Statutes in effect as of October 1, 2026.
Subtitle 1. Organization and General Authority of the Department
Md. Code Ann., Educ. § 2-101 (2026)
Title 2. State Department of Education
Subtitle 1. Organization and General Authority of the Department
§ 2–101LinkCopy Citation
There is a State Department of Education, established as a principal department of the State government.
Md. Code Ann., Educ. § 2-102 (2026)
Title 2. State Department of Education
Subtitle 1. Organization and General Authority of the Department
§ 2–102LinkCopy Citation
(a)
The head of the Department is the State Board of Education.
(b)
The State Board is organized and has the general powers and duties as provided in Subtitle 2 of this title.
Md. Code Ann., Educ. § 2-103 (2026)
Title 2. State Department of Education
Subtitle 1. Organization and General Authority of the Department
§ 2–103LinkCopy Citation
(a)
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.
(b)
The State Superintendent shall be appointed and has the general powers and duties as provided in Subtitle 3 of this title.
Md. Code Ann., Educ. § 2-104 (2026)
Title 2. State Department of Education
Subtitle 1. Organization and General Authority of the Department
§ 2–104LinkCopy Citation
(a)
The following employees shall be appointed to positions in the Department:
(1)
Any Deputy State Superintendents of Schools;
(2)
Any assistant State superintendents and directors authorized by the State Board and provided in the State budget; and
(3)
Any other employees to fill positions authorized by the State Board and provided in the State budget.
(b)
(1)
(i)
From the nominees proposed by the State Superintendent, the State Board shall appoint all employees to positions in the Department.
(ii)
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.
(2)
With the advice of the State Superintendent, the State Board shall set the qualifications for each position in the Department.
(3)
The State Superintendent may transfer employees within the Department as necessary.
(c)
(1)
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.
(2)
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.
(d)
(1)
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.
(2)
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.
(3)
Assistant State superintendents and directors have charge of the various divisions of the Department.
Md. Code Ann., Educ. § 2-105 (2026)
Title 2. State Department of Education
Subtitle 1. Organization and General Authority of the Department
§ 2–105LinkCopy Citation
The credential secretary and statistician of the Department are special appointments in the State Personnel Management System.
Md. Code Ann., Educ. § 2-106 (2026)
Title 2. State Department of Education
Subtitle 1. Organization and General Authority of the Department
§ 2–106LinkCopy Citation
The Department has authority over:
(1)
Matters of elementary and secondary education that affect this State; and
(2)
The general care and supervision of public elementary and secondary education.
Subtitle 2. State Board of Education
Md. Code Ann., Educ. § 2-201 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–201LinkCopy Citation
There is a State Board of Education in the Department.
Md. Code Ann., Educ. § 2-202 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–202LinkCopy Citation
(a)
The State Board consists of 13 regular members, and 1 student member, appointed by the Governor with the advice and consent of the Senate.
(b)
(1)
In making appointments to the State Board, the Governor shall consider representation from:
(i)
All parts of this State; and
(ii)
Areas of this State with concentrations of population or unique needs.
(2)
Except as provided in paragraphs (4) through (7) of this subsection, the members of the Board shall be appointed from the general public.
(3)
The following individuals may not be appointed to the Board:
(i)
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;
(ii)
The Governor; and
(iii)
The State Superintendent.
(4)
(i)
Of the 13 regular members of the State Board, one regular member shall be a certified teacher who is actively teaching.
(ii)
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.
(iii)
The Department shall provide notice of a teacher member vacancy on the State Board to:
(1)
All certified teachers who are actively teaching in the State; and
(2)
All teachers’ organizations representing teachers in the State for purposes of collective bargaining.
(iv)
(1)
The election shall be conducted under regulations that the Department adopts.
(2)
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.
(v)
The teacher member may attend and participate in an executive session of the State Board.
(vi)
The teacher member may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article.
(5)
(i)
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.
(ii)
Not more than two regular members of the State Board may be employees of a county board at any given time.
(iii)
A regular member who is an employee of a county board may not be a county superintendent.
(iv)
A regular member who is an employee of a county board may attend and participate in an executive session of the State Board.
(v)
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.
(vi)
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.
(6)
(i)
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.
(ii)
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.
(iii)
The Department shall provide notice of the parent member vacancy on the State Board to the Maryland PTA.
(iv)
The parent member may attend and participate in an executive session of the State Board.
(7)
The student member shall be selected by the Governor from a list of 2 persons nominated by the Maryland Association of Student Councils.
(c)
(1)
The student member shall be:
(i)
A regularly enrolled student; and
(ii)
In good standing in a public high school in the State.
(2)
The student member may attend and participate in an executive session of the Board.
(3)
The student member may not vote on any matter that relates to:
(i)
The dismissal of or other disciplinary action involving personnel; or
(ii)
Appeals to the State Board under § 2–205 of this subtitle or § 4–205 or § 6–202 of this article.
(d)
(1)
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.
(2)
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.
(3)
A member is eligible for reappointment but may not serve for more than two full 4–year terms.
(4)
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.
Md. Code Ann., Educ. § 2-203 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–203LinkCopy Citation
(a)
The Governor may remove a member of the State Board for:
(1)
Immorality;
(2)
Misconduct in office;
(3)
Incompetency; or
(4)
Willful neglect of duty.
(b)
(1)
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.
(2)
If the member requests a hearing within the 10-day period:
(i)
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
(ii)
The member shall have an opportunity to be heard publicly before the Governor in his own defense, in person or by counsel.
(c)
If a member is removed, the Governor shall file in the office of the Secretary of State:
(1)
A complete statement of all charges made against the member;
(2)
The findings of the Governor as to the charges; and
(3)
A complete record of the proceedings.
Md. Code Ann., Educ. § 2-204 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–204LinkCopy Citation
(a)
(1)
Each year, the State Board shall hold:
(i)
A meeting in July; and
(ii)
At least three other regular meetings.
(2)
The Board may hold special meetings as necessary.
(b)
(1)
At the annual Board meeting in July, the State Board shall select a president and a vice president from among its members.
(2)
A member may not serve for more than 4 years as president.
(c)
(1)
The State Superintendent is the Chief Executive, Secretary, and Treasurer of the State Board.
(2)
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.
(3)
The State Superintendent may advise the Board on any question under consideration, but may not vote.
(d)
A member of the State Board serves without compensation but is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
(e)
(1)
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.
(2)
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.
Md. Code Ann., Educ. § 2-205 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–205LinkCopy Citation
(a)
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.
(b)
The State Board shall:
(1)
Determine the elementary and secondary educational policies of this State; and
(2)
Cause to be carried out those provisions of this article that are within its jurisdiction.
(c)
(1)
The State Board shall adopt bylaws, rules, and regulations for the administration of the public schools.
(2)
These bylaws, rules, and regulations have the force of law when adopted and published.
(3)
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.
(d)
The State Board may institute legal proceedings to enforce:
(1)
The provisions of this article that are within its jurisdiction; and
(2)
The bylaws, rules, and regulations adopted by the Board.
(e)
(1)
Without charge and with the advice of the Attorney General, the State Board shall explain the true intent and meaning of the provisions of:
(i)
This article that are within its jurisdiction; and
(ii)
The bylaws, rules, and regulations adopted by the Board.
(2)
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.
(3)
The decision of the Board is final.
(4)
(i)
The Public Employee Relations Board shall decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this article.
(ii)
A decision of the Public Employee Relations Board is final.
(f)
As Secretary to the State Board, the State Superintendent may administer oaths to witnesses in any matter before the Board.
(g)
(1)
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.
(2)
Through the State Superintendent, the State Board shall exercise general control and supervision over the public schools and educational interests of this State.
(3)
Through the State Superintendent, the Board shall consult with and advise county boards, county superintendents and their staffs, principals, teachers, and interested citizens.
(4)
The Board shall seek in every way to direct and develop public sentiment in support of public education.
(h)
(1)
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.
(2)
The policy and guidelines shall be printed in sufficient quantities to provide copies to:
(i)
Public school officials and teachers;
(ii)
Private schools; and
(iii)
Interested citizens of this State.
(3)
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.
(i)
(1)
With the advice of the State Superintendent, the State Board shall investigate:
(i)
The educational needs of this State; and
(ii)
Methods to improve educational conditions.
(2)
If necessary, the Board may employ additional expert assistance for these investigations.
(j)
(1)
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:
(i)
The Department; and
(ii)
State aid to the counties for current expenses, for student transportation and for the construction of school buildings.
(2)
The budget shall be certified by the State Superintendent before it is sent to the Governor.
(k)
The State Board shall:
(1)
Consider the educational needs of this State; and
(2)
With the advice of the State Superintendent, recommend to the Governor and the General Assembly any legislation that it considers necessary.
(l)
(1)
On the recommendation of the State Superintendent, the State Board shall establish standards and guides for planning and constructing school building projects.
(2)
These standards and guides shall be used as the basis for reviewing plans and specifications submitted to the State Superintendent for approval.
(3)
The State Board shall maintain a school construction planning service to:
(i)
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
(ii)
Advise county boards as to the suitability of these construction plans on the basis of educational effectiveness, construction, and reasonable economy of costs.
(4)
The State Board shall collect, publish, and distribute to the county boards information on school construction procedures, methods, and materials.
(m)
(1)
In this subsection, “professional employee” means an employee:
(i)
For whom a certificate has been issued by the State Superintendent; and
(ii)
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.
(2)
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.
(3)
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:
(i)
46 for each 1,000 of the first 5,000 students enrolled as of September 30 of each year; and
(ii)
45 for each additional 1,000 students.
(4)
A county may employ more professional employees than the number permitted in this subsection as it considers necessary.
(5)
At least 95 percent of the permitted number of professional employees shall be assigned to public schools.
(n)
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.
(o)
(1)
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:
(i)
All financial accounts, including the annual budget; and
(ii)
All educational records.
(2)
The reports containing this information shall be made on the form that the State Board, with the advice of the State Superintendent, requires.
(3)
If the State Superintendent agrees, the required information may be sent in automatic data processing, machine–usable form.
(p)
(1)
The State Board shall submit an annual report to the Governor on:
(i)
All operations of the Department;
(ii)
The support, conditions, progress, and needs of elementary and secondary education in this State; and
(iii)
The overall plan for elementary and secondary education in this State.
(2)
This annual report shall be printed in sufficient quantities for general distribution in this State.
(q)
(1)
The State Board shall coordinate the overall growth and development of elementary and secondary education in this State.
(2)
In consultation with the State Superintendent, the State Board shall develop and periodically update an overall plan consistent with the bylaws that shall identify:
(i)
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;
(ii)
The present and future capabilities of the public elementary and secondary education system in this State;
(iii)
The short–range and long–range objectives and priorities for elementary and secondary education and methods and timelines for achieving and maintaining them;
(iv)
Whether current programs adequately prepare graduates for employment opportunities in this State, or postsecondary education opportunities;
(v)
The status and needs of the career and technology education program, the vocational rehabilitation program, and the library system of these programs;
(vi)
The technological advancements that would enhance elementary and secondary education throughout the State;
(vii)
Methods to upgrade and improve teacher education and teacher certification programs;
(viii)
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;
(ix)
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;
(x)
The methods to increase the rate of retention and graduation of secondary school students;
(xi)
The short–range and long–range objectives for the resolution of the problem of substance abuse by elementary and secondary school students;
(xii)
The short–range and long–range objectives for the resolution of the problems of youth and teenage pregnancy; and
(xiii)
Methods to find and eliminate any instance of corporal punishment administered to discipline any student in the State.
Md. Code Ann., Educ. § 2-206 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–206LinkCopy Citation
(a)
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.
(b)
(1)
This section does not apply to:
(i)
Apprenticeship and on–the–job training programs that are subject to the approval of the Apprenticeship and Training Council;
(ii)
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
(iii)
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.
(2)
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.
(c)
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.
(d)
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.
(e)
(1)
A noncollegiate educational institution may not operate in this State without a certificate of approval from the State Board.
(2)
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:
(i)
The purposes of the institution;
(ii)
The programs, training, and courses to be taught by the institution; and
(iii)
The certificates and diplomas to be issued by it.
(3)
The State Board may not issue a certificate of approval to an institution that:
(i)
Practices discrimination based on race, color, or national origin; or
(ii)
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.
(4)
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.
(f)
(1)
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.
(2)
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.
(3)
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.
(g)
(1)
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.
(2)
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.
(3)
The order to correct the deficiencies shall be stayed until a determination is made after the hearing.
(h)
(1)
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:
(i)
A hearing is not requested; or
(ii)
After a hearing, the Board finds that the institution does not meet the conditions or standards.
(2)
The order takes effect 15 days after it is issued.
(i)
(1)
An institution has the right to judicial review of any State Board determination under this section as provided by the Administrative Procedure Act.
(2)
The decision of the State Board is presumed correct and proper and the institution has the burden of proving otherwise.
(3)
The State Board shall be a party to the proceeding.
(j)
A noncollegiate educational institution shall:
(1)
Be open for inspection by the State Superintendent or his designee at all reasonable times; and
(2)
Furnish the reports and information required by the State Superintendent on the forms provided by the State Superintendent.
(k)
(1)
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.
(2)
The notice shall:
(i)
Be sent by the institution within 10 business days after receipt of the notice of contamination from the institution’s water supplier;
(ii)
Be in writing;
(iii)
Identify the contaminants and their levels in the institution’s water supply; and
(iv)
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.
(3)
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.
(l)
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.
Md. Code Ann., Educ. § 2-206.1 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–206.1LinkCopy Citation
(a)
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:
(1)
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;
(2)
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
(3)
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.
(b)
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.
(c)
The State Board:
(1)
Shall revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates subsection (a) of this section; and
(2)
May revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates subsection (b) of this section.
Md. Code Ann., Educ. § 2-207 (2026)
Title 2. State Department of Education
Subtitle 2. State Board of Education
§ 2–207LinkCopy Citation
(a)
(1)
There is a Public Education Partnership Fund.
(2)
The Fund shall be used to:
(i)
Enhance cooperation between the private sector and public education entities;
(ii)
Facilitate the expansion and development of new partnership initiatives;
(iii)
Encourage the donation of corporate and foundation money to expand the outreach capacity of the Department; and
(iv)
Strengthen the development of family and community involvement in public education.
(b)
The Comptroller shall credit to the Public Education Partnership Fund any money that is received from public grants and private contributions.
(c)
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:
(1)
Preparation and distribution of information packets and brochures;
(2)
Development of public service announcements;
(3)
Development of seminars and training programs focusing on public education priorities;
(4)
Development of a family and community involvement hotline;
(5)
Establishing appropriate award systems for the recognition of educators and business contributors; and
(6)
Evaluating and recommending methods to improve the efficiency and promote the growth of private sector and public education partnerships.
(d)
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.
(e)
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.
(f)
The Fund is a continuing, nonlapsing fund that:
(1)
Is not subject to § 7–302 of the State Finance and Procurement Article; and
(2)
May not be used as a substitute for State General Fund appropriations.
(g)
The Public Education Partnership Fund is subject to audit by the Legislative Auditor as provided under § 2–1220 of the State Government Article.
Subtitle 3. State Superintendent of Schools
Md. Code Ann., Educ. § 2-301 (2026)
Title 2. State Department of Education
Subtitle 3. State Superintendent of Schools
§ 2–301LinkCopy Citation
There is a State Superintendent of Schools in the Department.
Md. Code Ann., Educ. § 2-302 (2026)
Title 2. State Department of Education
Subtitle 3. State Superintendent of Schools
§ 2–302LinkCopy Citation
(a)
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.
(b)
The State Board shall fix the Superintendent’s salary and pay it from the appropriation for the expenses and maintenance of the Department.
(c)
The State Superintendent shall:
(1)
Be an experienced and competent educator;
(2)
Be a graduate of an accredited college or university;
(3)
Have at least 2 years of special academic and professional graduate preparation in an accredited college or university; and
(4)
Have at least 7 years of experience in teaching and administration.
(d)
(1)
The State Board may remove the State Superintendent for:
(i)
Immorality;
(ii)
Misconduct in office;
(iii)
Insubordination;
(iv)
Incompetency; or
(v)
Willful neglect of duty.
(2)
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.
(3)
If the State Superintendent requests a hearing within the 10–day period:
(i)
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
(ii)
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.
(e)
The State Board shall appoint a new State Superintendent to fill a vacancy in that office for the remainder of the unexpired term.
Md. Code Ann., Educ. § 2-303 (2026)
Title 2. State Department of Education
Subtitle 3. State Superintendent of Schools
§ 2–303LinkCopy Citation
(a)
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.
(b)
(1)
The State Superintendent shall enforce the provisions of:
(i)
This article that are within his jurisdiction; and
(ii)
The bylaws, rules, and regulations of the State Board.
(2)
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:
(i)
All or any part of an appropriation made by the General Assembly; and
(ii)
All or any part of any other payment from funds budgeted by the State.
(c)
The State Superintendent shall:
(1)
Carry out the educational policies of the State Board;
(2)
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
(3)
Prepare and publish pamphlets to:
(i)
Stimulate public interest;
(ii)
Promote the work of education; and
(iii)
Foster professional insight and efficiency in teachers.
(d)
The State Superintendent is a member of the Governor’s Executive Council.
(e)
The State Superintendent shall:
(1)
Receive and examine each report required under the bylaws, rules, and regulations of the State Board; and
(2)
Examine the expenditures, business methods, and accounts of each county board and advise each county board about them.
(f)
(1)
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:
(i)
Proposal for the purchase or sale of any ground, school site, or building that will be used for the education of students;
(ii)
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;
(iii)
Plan or specification for the construction of a new school building; and
(iv)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(g)
(1)
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.
(2)
Renewal requirements for any professionally certificated employee may be waived if:
(i)
The renewal is recommended by the county superintendent having jurisdiction over the employee; and
(ii)
The professionally certificated employee is:
(1)
55 years old or older; or
(2)
Employed in public or approved nonpublic school service for at least 25 years.
(h)
(1)
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:
(i)
The Department of Juvenile Services;
(ii)
The Developmental Disabilities Administration or the Behavioral Health Administration of the Maryland Department of Health;
(iii)
The Department of Public Safety and Correctional Services; or
(iv)
The residential school located within the Institute of Psychiatry and Human Behavior of the University Hospital.
(2)
If the State Superintendent grants approval, he shall issue a certificate of approval for the program to the institution that offers the program.
(3)
The certificate may be revoked for cause by the State Superintendent.
(4)
Each institution that offers an approved program shall:
(i)
Be open at all reasonable times for inspection of the program by the State Superintendent or his designated agent; and
(ii)
Furnish the information and reports that the State Superintendent considers necessary for evaluation of the program.
(5)
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.
(i)
(1)
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.
(2)
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.
(3)
The State Superintendent may make contracts to carry out the provisions of this subsection.
(j)
The State Superintendent shall establish an Early Childhood Development Division within the Department.
(k)
The State Superintendent shall perform any other duties assigned to him:
(1)
Under this article; or
(2)
By the State Board.
Md. Code Ann., Educ. § 2-304 (2026)
Title 2. State Department of Education
Subtitle 3. State Superintendent of Schools
§ 2–304LinkCopy Citation
(a)
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.
(b)
(1)
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.
(2)
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.
(c)
The State Superintendent shall keep a permanent file of these records.
(d)
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.
Md. Code Ann., Educ. § 2-305 (2026)
Title 2. State Department of Education
Subtitle 3. State Superintendent of Schools
§ 2–305LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Agency” means a local education agency serving a population of students at least 80% of which are minority students.
(3)
“Minority student” has the meaning stated in regulations adopted by the State Superintendent.
(4)
“Youth lacrosse nonprofit organization” means a nonprofit organization that:
(i)
Is located in a county with an agency;
(ii)
Provides lacrosse opportunities for children under the age of 18; and
(iii)
Is recognized by US Lacrosse as a member of the Urban Lacrosse Alliance.
(b)
(1)
There is a Lacrosse Opportunities Program in the Department.
(2)
The purpose of the Lacrosse Opportunities Program is to increase opportunities for minority students to participate in lacrosse in their communities.
(c)
The State Superintendent shall develop and administer the Lacrosse Opportunities Program.
(d)
(1)
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.
(2)
An application shall include:
(i)
A description of the scope and purpose of the proposed program;
(ii)
A business plan that includes the estimated total cost of the proposed program; and
(iii)
Any other information required by the Department.
(e)
In awarding a grant under the Lacrosse Opportunities Program, the Department shall:
(1)
Require the grantee to provide matching funds from any combination of federal, county, municipal, or private sources; and
(2)
Ensure that the grant does not exceed 50% of the total annual cost of the grantee’s program.
(f)
The State Superintendent or the State Superintendent’s designee shall:
(1)
Review grant applications submitted in accordance with subsection (d) of this section; and
(2)
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.
(g)
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.
(h)
The State Superintendent shall adopt regulations to implement this section.
Md. Code Ann., Educ. § 2-306 (2026)
Title 2. State Department of Education
Subtitle 3. State Superintendent of Schools
§ 2–306LinkCopy Citation
(a)
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.
(b)
The Department, in collaboration with teacher preparation programs at institutions of higher education, county boards, teachers, and other interested stakeholders, shall establish:
(1)
An outreach program within the Department; and
(2)
A digital recruitment platform aimed at encouraging individuals to enter the teaching profession in Maryland.
(c)
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:
(1)
Improve the public perception of the teaching profession and encourage individuals to pursue a Maryland professional teacher’s certificate by:
(i)
Gathering contact information of interested individuals and providing the individuals with information about the teaching profession;
(ii)
Engaging prospective teachers with messaging that cultivates interest in the profession;
(iii)
Creating opportunities for prospective teachers to communicate with role model teachers through a “Talk to a Teacher” program;
(iv)
Connecting prospective teachers with opportunities for hands–on teaching experiences;
(v)
Assisting prospective teachers in learning the certification process for becoming a teacher; and
(vi)
Connecting prospective teachers with teacher preparation programs at institutions of higher education in the State;
(2)
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
(3)
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.
(d)
(1)
The outreach program and digital recruitment platform shall focus recruitment efforts on:
(i)
Individuals from ethnic, racial, gender, and other demographic groups that are underrepresented in the teaching profession in Maryland and within teacher shortage fields; and
(ii)
Teacher shortage fields identified by the Department.
(2)
(i)
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.
(ii)
The Department may not implement the requirements of this subsection until full consultation with the steering committee has taken place.
(3)
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.
(e)
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.