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