There is a State Board of Education in the Department.

The State Board consists of 13 regular members, and 1 student member, appointed by the Governor with the advice and consent of the Senate. In making appointments to the State Board, the Governor shall consider representation from: All parts of this State; and Areas of this State with concentrations of population or unique needs. Except as provided in paragraphs (4) through (7) of this subsection, the members of the Board shall be appointed from the general public. The following individuals may not be appointed to the Board: Except for the teacher member, a member who is an employee of a county board appointed under paragraph (5) of this subsection, and student member, any individual who is subject to the authority of the Board; The Governor; and The State Superintendent. Of the 13 regular members of the State Board, one regular member shall be a certified teacher who is actively teaching. The Governor shall appoint the teacher member, with the advice and consent of the Senate, who received the highest number of votes after an election by teachers in the State. The Department shall provide notice of a teacher member vacancy on the State Board to: All certified teachers who are actively teaching in the State; and All teachers’ organizations representing teachers in the State for purposes of collective bargaining. The election shall be conducted under regulations that the Department adopts. The Department may consult with the State Retirement Agency of the Maryland State Retirement and Pension System to conduct the election required under this subparagraph. The teacher member may attend and participate in an executive session of the State Board. The teacher member may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article. Of the 13 regular members of the State Board, one regular member may be an employee of a county board who is not the teacher member appointed under paragraph (4) of this subsection. Not more than two regular members of the State Board may be employees of a county board at any given time. A regular member who is an employee of a county board may not be a county superintendent. A regular member who is an employee of a county board may attend and participate in an executive session of the State Board. A regular member who is an employee of a county board who is a certificated public school employee under Title 6, Subtitle 4 of this article may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article. A regular member who is an employee of a county board who is a noncertificated, nonsupervisory public school employee under Title 6, Subtitle 5 of this article may not vote on any appeals to the State Board of a dismissal or disciplinary action of personnel under § 4–205 of this article. Of the 13 regular members of the State Board, one regular member shall be the parent of a student enrolled in a public school in the State. The Governor shall appoint the parent member, with the advice and consent of the Senate, from a list of three qualified individuals submitted to the Governor by the Maryland PTA. The Department shall provide notice of the parent member vacancy on the State Board to the Maryland PTA. The parent member may attend and participate in an executive session of the State Board. The student member shall be selected by the Governor from a list of 2 persons nominated by the Maryland Association of Student Councils. The student member shall be: A regularly enrolled student; and In good standing in a public high school in the State. The student member may attend and participate in an executive session of the Board. The student member may not vote on any matter that relates to: The dismissal of or other disciplinary action involving personnel; or Appeals to the State Board under § 2–205 of this subtitle or § 4–205 or § 6–202 of this article. Each regular member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the State Board as of July 1, 1989. The Governor shall appoint a new member to fill any vacancy on the Board for the remainder of that term and until a successor is appointed and qualifies. A member is eligible for reappointment but may not serve for more than two full 4–year terms. The student member shall serve for a term of 1 year. A student member is eligible for reappointment but may not serve more than two full 1–year terms.

The Governor may remove a member of the State Board for: Immorality; Misconduct in office; Incompetency; or Willful neglect of duty. Before removing a member, the Governor shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing. If the member requests a hearing within the 10-day period: The Governor promptly shall hold a hearing, but a hearing may not be set within 10 days after the Governor sends the member a notice of the hearing; and The member shall have an opportunity to be heard publicly before the Governor in his own defense, in person or by counsel. If a member is removed, the Governor shall file in the office of the Secretary of State: A complete statement of all charges made against the member; The findings of the Governor as to the charges; and A complete record of the proceedings.

Each year, the State Board shall hold: A meeting in July; and At least three other regular meetings. The Board may hold special meetings as necessary. At the annual Board meeting in July, the State Board shall select a president and a vice president from among its members. A member may not serve for more than 4 years as president. The State Superintendent is the Chief Executive, Secretary, and Treasurer of the State Board. The State Superintendent shall attend each meeting of the Board and of its committees, except when the tenure, salary, or the administration of the State Superintendent’s office are under consideration. The State Superintendent may advise the Board on any question under consideration, but may not vote. A member of the State Board serves without compensation but is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations. Except as provided in paragraph (2) of this subsection, the affirmative vote of a majority of the members then serving on the State Board is required for any action by the Board. In matters considered by the State Board for which a member is prohibited in law from voting, an affirmative vote of a majority of the members then serving who are authorized to vote on the matter is required for action by the Board.

In addition to the other powers granted and duties imposed under this article, the State Board has the powers and duties set forth in this section. The State Board shall: Determine the elementary and secondary educational policies of this State; and Cause to be carried out those provisions of this article that are within its jurisdiction. The State Board shall adopt bylaws, rules, and regulations for the administration of the public schools. These bylaws, rules, and regulations have the force of law when adopted and published. The bylaws, rules, and regulations apply to each county. However, they do not apply to Baltimore City to the extent that they relate to matters that are the subject of other provisions of this article that do not apply to Baltimore City. The State Board may institute legal proceedings to enforce: The provisions of this article that are within its jurisdiction; and The bylaws, rules, and regulations adopted by the Board. Without charge and with the advice of the Attorney General, the State Board shall explain the true intent and meaning of the provisions of: This article that are within its jurisdiction; and The bylaws, rules, and regulations adopted by the Board. Except as provided in paragraph (4) of this subsection and in Title 6, Subtitles 4 and 5 of this article, the Board shall decide all controversies and disputes under these provisions. The decision of the Board is final. The Public Employee Relations Board shall decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this article. A decision of the Public Employee Relations Board is final. As Secretary to the State Board, the State Superintendent may administer oaths to witnesses in any matter before the Board. This subsection does not apply to Baltimore City to the extent that it relates to matters that are the subject of other provisions of this article that do not apply to Baltimore City. Through the State Superintendent, the State Board shall exercise general control and supervision over the public schools and educational interests of this State. Through the State Superintendent, the Board shall consult with and advise county boards, county superintendents and their staffs, principals, teachers, and interested citizens. The Board shall seek in every way to direct and develop public sentiment in support of public education. With the advice of the State Superintendent, the State Board shall establish basic policy and guidelines for the program of instruction for the public schools. The policy and guidelines shall be printed in sufficient quantities to provide copies to: Public school officials and teachers; Private schools; and Interested citizens of this State. The State Board of Education shall require the establishment of criteria in each county for the selection of applicants for enrollment in public secondary school career and technology education programs. Enrollment criteria developed for this purpose shall ensure equal access to programs. With the advice of the State Superintendent, the State Board shall investigate: The educational needs of this State; and Methods to improve educational conditions. If necessary, the Board may employ additional expert assistance for these investigations. The State Board shall send the Governor an annual State public school budget including, subject to the Maryland Constitution and existing laws, the appropriation for: The Department; and State aid to the counties for current expenses, for student transportation and for the construction of school buildings. The budget shall be certified by the State Superintendent before it is sent to the Governor. The State Board shall: Consider the educational needs of this State; and With the advice of the State Superintendent, recommend to the Governor and the General Assembly any legislation that it considers necessary. On the recommendation of the State Superintendent, the State Board shall establish standards and guides for planning and constructing school building projects. These standards and guides shall be used as the basis for reviewing plans and specifications submitted to the State Superintendent for approval. The State Board shall maintain a school construction planning service to: Assist in the development and review of preliminary and final plans and specifications for any public school building project and the educational program that it is designed to house; and Advise county boards as to the suitability of these construction plans on the basis of educational effectiveness, construction, and reasonable economy of costs. The State Board shall collect, publish, and distribute to the county boards information on school construction procedures, methods, and materials. In this subsection, “professional employee” means an employee: For whom a certificate has been issued by the State Superintendent; and For whom a salary scale has been established by law for the position or who meets or exceeds the qualifications required for an established salary scale. From time to time, the State Board shall adopt bylaws, rules, and regulations that establish a minimum ratio of professional employees to students enrolled in the public schools or any combination of grades in these schools. The ratio established by the State Board for the total number of professional employees for each county, calculated to the nearest whole position on a pro rata basis, may not be more than: 46 for each 1,000 of the first 5,000 students enrolled as of September 30 of each year; and 45 for each additional 1,000 students. A county may employ more professional employees than the number permitted in this subsection as it considers necessary. At least 95 percent of the permitted number of professional employees shall be assigned to public schools. With the advice of the State Superintendent, the State Board shall require each private educational association, corporation, and institution to report annually, on or before August 31, its enrollment and courses of study on the forms that the Board provides. With the advice of the State Superintendent, the State Board shall specify the information each county board, school official, and teacher is to record and shall require the following information to be recorded: All financial accounts, including the annual budget; and All educational records. The reports containing this information shall be made on the form that the State Board, with the advice of the State Superintendent, requires. If the State Superintendent agrees, the required information may be sent in automatic data processing, machine–usable form. The State Board shall submit an annual report to the Governor on: All operations of the Department; The support, conditions, progress, and needs of elementary and secondary education in this State; and The overall plan for elementary and secondary education in this State. This annual report shall be printed in sufficient quantities for general distribution in this State. The State Board shall coordinate the overall growth and development of elementary and secondary education in this State. In consultation with the State Superintendent, the State Board shall develop and periodically update an overall plan consistent with the bylaws that shall identify: The present and future needs of elementary and secondary education throughout the State, including a discussion of the demographic composition of the elementary and secondary population; The present and future capabilities of the public elementary and secondary education system in this State; The short–range and long–range objectives and priorities for elementary and secondary education and methods and timelines for achieving and maintaining them; Whether current programs adequately prepare graduates for employment opportunities in this State, or postsecondary education opportunities; The status and needs of the career and technology education program, the vocational rehabilitation program, and the library system of these programs; The technological advancements that would enhance elementary and secondary education throughout the State; Methods to upgrade and improve teacher education and teacher certification programs; The school systems that have dropped below the statewide test averages and shall assess the options available to improve the test averages of these school systems; The methods to improve the diagnosis of basic reading skill deficiencies of elementary and secondary school students and to improve the literacy rates of these students; The methods to increase the rate of retention and graduation of secondary school students; The short–range and long–range objectives for the resolution of the problem of substance abuse by elementary and secondary school students; The short–range and long–range objectives for the resolution of the problems of youth and teenage pregnancy; and Methods to find and eliminate any instance of corporal punishment administered to discipline any student in the State.

In this section, “noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in § 10–101 of this article. This section does not apply to: Apprenticeship and on–the–job training programs that are subject to the approval of the Apprenticeship and Training Council; Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits; or Individuals or entities that offer or arrange for a supplemental educational program or tutoring in subjects usually taught in an elementary or secondary school to students concurrently enrolled in public or nonpublic schools. This section does not apply to these individuals or entities specified in paragraph (1)(ii) of this subsection solely on the basis that they use the word “school” as a part of their name, in literature or publications such as advertisements, brochures, catalogs or bulletins, or in other pronouncements. With the advice of the State Superintendent, the State Board shall adopt bylaws, rules, and regulations for the approval and accreditation of all public schools. With the advice of the State Superintendent, the State Board shall establish minimum requirements for issuing certificates and diplomas by public and private noncollegiate educational institutions in this State. A noncollegiate educational institution may not operate in this State without a certificate of approval from the State Board. The State Board shall issue a certificate of approval to a noncollegiate educational institution if it finds that the facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for: The purposes of the institution; The programs, training, and courses to be taught by the institution; and The certificates and diplomas to be issued by it. The State Board may not issue a certificate of approval to an institution that: Practices discrimination based on race, color, or national origin; or Does not have a policy prohibiting a principal, vice principal, or any other employee of the institution from administering corporal punishment to discipline a student. This subsection does not apply to an institution operated by a bona fide church organization, including the Amish and Mennonite church parochial schools. However, an institution that does not have a certificate of approval from the State Board may not receive State funds, except that an institution operated by a bona fide church organization is not required to have a certificate to receive State funds for eligible students in the food service program who are enrolled in nursery school through the eighth grade. If the State Board believes that a noncollegiate educational institution that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, it shall give the institution written notice of the specific deficiencies. Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Board, and, within 60 days of receipt of the request, the Board shall hold a hearing to determine if the certificate of approval should be issued. If, within 6 months from the date on which the application for certification was submitted to the State Board, the institution has received neither a certificate of approval under subsection (e) of this section nor written notice of deficiencies under this subsection, it may request, within 20 days, a hearing before the Board to determine if the certificate of approval should be issued. If the State Board believes that a noncollegiate educational institution does not meet the conditions or standards on which its certificate of approval was based, it shall give the institution written notice of this belief. The notice shall specify the alleged deficiencies and direct the institution to correct them within a period of not less than 30 days as set by the Board. If the institution requests a hearing within 20 days of the notice, the Board shall hold a hearing to determine the matter. The order to correct the deficiencies shall be stayed until a determination is made after the hearing. The State Board may order a noncollegiate educational institution to end operations if the institution fails to correct the specified deficiencies within the period set by the Board and if: A hearing is not requested; or After a hearing, the Board finds that the institution does not meet the conditions or standards. The order takes effect 15 days after it is issued. An institution has the right to judicial review of any State Board determination under this section as provided by the Administrative Procedure Act. The decision of the State Board is presumed correct and proper and the institution has the burden of proving otherwise. The State Board shall be a party to the proceeding. A noncollegiate educational institution shall: Be open for inspection by the State Superintendent or his designee at all reasonable times; and Furnish the reports and information required by the State Superintendent on the forms provided by the State Superintendent. Each noncollegiate educational institution that receives notice of a contaminated drinking water supply from the institution’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, shall send notice of the drinking water contamination to the parent or legal guardian of each student attending the institution. The notice shall: Be sent by the institution within 10 business days after receipt of the notice of contamination from the institution’s water supplier; Be in writing; Identify the contaminants and their levels in the institution’s water supply; and Describe the institution’s plan for dealing with the water contamination problem until the institution’s water is determined by the appropriate authority to be safe for consumption. The State Board shall consider an institution’s failure to send the notice required under this subsection in determining whether the institution continues to meet the conditions or standards on which the institution’s certificate of approval is based. Each noncollegiate educational institution affiliated with a residential child care program or treatment facility shall comply with the provisions of Title 8, Subtitle 5 of this article.

A nonpublic school that is subject to the requirements of this title may not hire or retain any employee who works with or has access to students and who the school knows has been convicted of a crime involving: An offense under § 3–307 or § 3–308 of the Criminal Law Article or an offense under the laws of another state that would constitute a violation of § 3–307 or § 3–308 of the Criminal Law Article if committed in the State; Child sexual abuse under § 3–602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3–602 of the Criminal Law Article if committed in this State; or A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed in this State. A nonpublic school contract shall provide that a contractor or subcontractor for the school may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of a crime identified under subsection (a) of this section. The State Board: Shall revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates subsection (a) of this section; and May revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates subsection (b) of this section.

There is a Public Education Partnership Fund. The Fund shall be used to: Enhance cooperation between the private sector and public education entities; Facilitate the expansion and development of new partnership initiatives; Encourage the donation of corporate and foundation money to expand the outreach capacity of the Department; and Strengthen the development of family and community involvement in public education. The Comptroller shall credit to the Public Education Partnership Fund any money that is received from public grants and private contributions. The State Board, upon the recommendation of the State Superintendent, may use money that is credited to the Public Education Partnership Fund for any activity or program that furthers the purposes listed in subsection (a)(2) of this section, including: Preparation and distribution of information packets and brochures; Development of public service announcements; Development of seminars and training programs focusing on public education priorities; Development of a family and community involvement hotline; Establishing appropriate award systems for the recognition of educators and business contributors; and Evaluating and recommending methods to improve the efficiency and promote the growth of private sector and public education partnerships. The Treasurer shall invest money from the Public Education Partnership Fund for the use of the Fund, and all earnings shall be credited to the Fund. Expenditures from the Fund shall be made pursuant to an appropriation approved by the General Assembly in the annual State budget or by the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article. The Fund is a continuing, nonlapsing fund that: Is not subject to § 7–302 of the State Finance and Procurement Article; and May not be used as a substitute for State General Fund appropriations. The Public Education Partnership Fund is subject to audit by the Legislative Auditor as provided under § 2–1220 of the State Government Article.