Subject to the provisions of Subtitle 4 of this title, educational matters that affect the counties shall be under the control of a county board of education in each county.
Each county board shall seek in every way to promote the interests of the schools under its jurisdiction.
Except in Baltimore City, the county superintendent is the executive officer, secretary, and treasurer of the county board.
In Baltimore City, the Chief Executive Officer of the Baltimore City Board of School Commissioners is the executive officer, secretary, and treasurer of the Board of School Commissioners.
The Chief Executive Officer shall have the powers and duties imposed under this article.
The Chief Executive Officer is not a public officer under the Constitution or the laws of the State.
A county superintendent is not a public officer under the Constitution or the laws of the State.
Unless the tenure or salary or the administration of the office of the county superintendent is under consideration, the county superintendent or the county superintendent’s designee shall attend all meetings of the county board and its committees.
The county superintendent may advise on any question under consideration but may not vote.
On the written recommendation of the county superintendent and subject to the provisions of this article, each county board shall:
Appoint all principals, teachers, and other certificated and noncertificated personnel; and
Set their salaries.
In Baltimore City, the Board of School Commissioners shall exercise the authority granted in this section.
Except as provided in subsection (c) of this section, each county board may:
Retain counsel to represent it in legal matters that affect the board; and
Contract for the payment of a reasonable fee to the counsel.
Funds for these fees shall be included in the annual budget.
Except as provided in subsection (c) of this section, each county board may pay all or part of the counsel fees for the defense of a county board member who is involved in litigation because of his service and in his official capacity on that board.
Payments made under paragraph (1) of this subsection are a valid educational expense.
This subsection applies only in Prince George’s County.
The county board shall retain counsel to defend a county board member who is involved in litigation because of the member’s service and in the member’s official capacity on the county board.
The county board shall pay all counsel fees and reasonable and related expenses incurred for defending a member in litigation involving the member’s service in the member’s official capacity on the county board if it is determined during the course of litigation that the member was acting within the scope of the member’s authority and without malice and gross negligence.
In any suit or claim brought against a principal, teacher, school security guard, or other agent or employee of a county board by a parent or other claimant with respect to an action taken by the agent or employee, the board shall provide for counsel for that individual if:
The action was taken in the performance of his duties, within the scope of his employment, and without malice; and
The board determines that he was acting within his authorized official capacity in the incident.
The counsel required by this section may be provided through the office of the county attorney or city solicitor.
This subsection does not require a county board to provide or reimburse the cost of counsel to a plaintiff or claimant in a suit or claim against a county board or its members, agents, or employees.
Each county board shall carry comprehensive liability insurance to protect the board and its agents and employees.
The purchase of insurance in accordance with paragraph (1) of this subsection is a valid educational expense.
The State Board shall establish standards for these insurance policies, including a minimum liability coverage of not less than:
The amounts specified under § 5–518(c)(2) of the Courts Article for claims of sexual abuse made under § 5–117 of the Courts Article that occurred when the claimant was a minor; and
$400,000 for each occurrence for all other claims.
The policies purchased under this section shall meet these standards.
A county board complies with this section if it:
Is individually self–insured for the amounts specified under § 5–518(c)(2) of the Courts Article and meets the rules and regulations adopted by the State Insurance Commissioner; or
Pools with other public entities for the purpose of self–insuring property or casualty risks under Title 19, Subtitle 6 of the Insurance Article.
A county board that elects to self–insure individually under this subsection periodically shall file with the State Insurance Commissioner, in writing, the terms and conditions of the self–insurance.
The terms and conditions of this individual self–insurance:
Are subject to the approval of the State Insurance Commissioner; and
Shall conform with the terms and conditions of comprehensive liability insurance policies available in the private market.
A county board shall have the immunity from liability described under § 5–518 of the Courts and Judicial Proceedings Article.
A county board employee shall have the immunity from liability described under § 5-518 of the Courts Article.
A volunteer shall have the immunity from liability described under § 5-518 of the Courts Article.
A county board member shall have the immunity from liability described under § 5-518 of the Courts Article.
Each county board shall hold an annual meeting on or as near as possible to the second Tuesday in July, except that:
In Allegany County, the annual meeting shall be held on the second Tuesday in January;
In Anne Arundel County, the annual meeting shall be held on or as near as possible to the first Wednesday in December;
In Montgomery County, the annual meeting shall be held on or before January 10;
In Prince George’s County, the annual meeting shall be held on the first Monday in December;
In St. Mary’s County, the annual meeting shall be held following the first Monday in December; and
In Washington County, the annual meeting shall be held in December, on or before the 16th day.
A county board may hold any other meetings that its duties and business require.
Except as provided in Title 3 of this article, each county board, at its annual meeting, shall elect a president and a vice president from among its members by means of an individually recorded vote.
All final actions of a county board shall be taken at a public meeting. The minutes of the meeting shall be available to the public.
A county board may meet and deliberate in executive session if the matter under consideration is:
Land and site acquisitions; or
Personnel and labor relations.
Except as otherwise provided in this article, a member of a county board may not receive compensation.
Each member shall be reimbursed for traveling and other expenses incurred in the performance of his duties.
Each member of the county board of the counties specified in this paragraph shall receive the enumerated amounts annually for traveling and other expenses.
Calvert County:
Member $2,000; and
President $2,200.
Caroline County:
Member $3,000; and
President $3,500.
Cecil County:
Member $1,400; and
Chairman $1,600.
Charles County:
Member $600;
Vice chairman $600; and
Chairman $800 and $1,500
for calendar year 1999 and each year thereafter.
Dorchester County:
Member $3,000; and
Chairman $3,200.
Frederick County:
Member $1,000; and
President $1,500.
Queen Anne’s County:
Member $3,000; and
Chairman $3,200.
Talbot County:
Member $1,200;
Chairman $1,500;
Travel $300; and
Other expenses for each meeting, other than the annual meeting attended on behalf of the county $25.
Each member of the Charles County Board shall receive the following amounts annually as compensation:
Member:
$3,090 for the calendar year 1995; and
$3,185 for the calendar years 1996, 1997, and 1998;
Vice chairman:
$3,400 for the calendar year 1995; and
$3,500 for the calendar years 1996, 1997, and 1998; and
Chairman:
$3,710 for the calendar year 1995; and
$3,820 for calendar years 1996, 1997, and 1998.
Each member of the St. Mary’s County Board shall receive the following amounts annually as compensation:
Member $10,000
with a 1.5% annual increase; and
Chairman $11,000
with a 1.5% annual increase.
In addition, each member and the chairman of the St. Mary’s County Board shall receive annually $150 for each year of service.
Each member of the Worcester County Board shall receive an amount annually for traveling and other expenses as determined by the County Commissioners, but in the amount of at least:
Member $2,000; and
Chairman $2,400.
Each county board shall:
To the best of its ability carry out the applicable provisions of this article and the bylaws, rules, regulations, and policies of the State Board;
Maintain throughout its county a reasonably uniform system of public schools that is designed to provide quality education and equal educational opportunity for all children;
Subject to this article and to the applicable bylaws, rules, and regulations of the State Board, determine, with the advice of the county superintendent, the educational policies of the county school system;
Adopt, codify, and make available to the public bylaws, rules, and regulations not inconsistent with State law, for the conduct and management of the county public schools; and
Adopt and maintain a written antidiscrimination policy for the county school system that, in accordance with Title 26, Subtitle 7 of this article, prohibits a school from:
Discriminating against any person because of the individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
Refusing enrollment of a prospective student, expelling a current student, or withholding privileges from any individual because of an individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; and
Disciplining, invoking a penalty against, or taking any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the school discriminated against the student, regardless of the outcome of the complaint.
Subject to approval by the State Superintendent and in accordance with the applicable bylaws, rules, and regulations of the State Board, a county board may establish a public school if, in its judgment, it is advisable.
On approval by the State Superintendent, any school established under this section becomes a part of the State program of public education.
With the advice of the county superintendent, the county board shall determine the geographical attendance area for each school established under this section.
This section applies only in Howard County.
During a school redistricting process, if the redistricting plan proposed by the county board differs from the redistricting plan proposed by the county superintendent, the county board shall allow one or more members of a household whose school assignment is changed only in the county board’s plan to provide public testimony before the final vote on either plan.
In this section, “innovative regional school” means a public school that:
Admits students from the Carroll County or Howard County public school systems under a memorandum of understanding agreed to under subsection (d) of this section; and
Offers special courses or curricula for an innovative education program.
This section applies only in Carroll County and Howard County.
Through a memorandum of understanding agreed to under subsection (d) of this section, the county boards of Carroll County and Howard County may establish innovative regional schools.
Before establishing an innovative regional school, both county boards shall enter into a binding memorandum of understanding outlining each county board’s responsibilities in the governance, operations, maintenance, and financing of the innovative regional school.
The memorandum of understanding shall be subject to the approval of the county governing body of Carroll County and Howard County.
The parties to the memorandum of understanding shall identify one of the county boards to govern the innovative regional school.
The memorandum of understanding between the county boards of Carroll County and Howard County shall include provisions for:
Equitable access to the innovative regional school for students with disabilities and students who are eligible for free and reduced price meals;
Transportation to ensure students without access to a vehicle are able to attend the innovative regional school; and
Cost sharing responsibilities between the two county boards related to maintenance of the school building.
The memorandum of understanding may establish a geographic area of attendance for the innovative regional school.
If more students apply for attendance at the innovative regional school than can be accommodated, the innovative regional school shall admit students on a lottery basis.
Notwithstanding § 4–121 of this subtitle, and subject to subparagraph (ii) of this paragraph, the memorandum of understanding may establish required payments of each county served by the innovative regional school.
The source of funds for any payments made by each county served by the innovative regional school shall be limited to county appropriations only.
The memorandum of understanding may contain any other agreements each county board considers necessary.
Except as provided in paragraph (2) of this subsection, the collective bargaining agreement established under Title 6, Subtitle 4 or Subtitle 5 of this article in the county that is identified under subsection (d)(2) of this section shall govern working conditions at the innovative regional school.
The employee organization and the public school employer in the county that is identified under subsection (d)(2) of this section may mutually agree to negotiate amendments to the existing bargaining agreement to address the needs of the innovative regional school.
Innovative regional schools established under this section are not subject to the approval of the State Board or the State Superintendent under § 4–109 of this subtitle.
Except as otherwise provided in this section, innovative regional schools shall comply with the regulations and provisions of law governing other public schools.
In this section the following words have the meanings indicated.
“Content standards” has the meaning stated in § 7–202.1 of this article.
“Curriculum resources” has the meaning stated in § 7–202.1 of this article.
“Curriculum standards” has the meaning stated in § 7–202.1 of this article.
Subject to the applicable provisions of this article and the bylaws, basic policies, and guidelines established by the State Board, each county board, on the written recommendation of the county superintendent, shall:
Establish curriculum guides and courses of study aligned with the content standards developed under § 7–202.1 of this article for the schools under its jurisdiction, including appropriate programs of instruction or training for children with disabilities; and
Supply printed copies of these materials to any teacher or interested individual.
If the State Superintendent receives notice or determines that a county board has established curriculum guides and courses of study contrary to the requirements of subsection (b) of this section, the State Superintendent shall send a written notice of discrepancy to the county board.
Within 30 days after the date the county board received notice under paragraph (1) of this subsection, the county superintendent shall meet with the State Superintendent to:
Discuss the discrepancies identified by the State Superintendent under paragraph (1) of this subsection; and
Develop a corrective plan, including an implementation timeline, subject to approval of the State Superintendent.
If the State Superintendent determines that the county board has not satisfactorily implemented the corrective plan approved under paragraph (2) of this subsection, the county board shall adopt and use the curriculum standards and curriculum resources established by the Department under § 7–202.1 of this article only in subjects or courses identified in the corrective plan.
The State Superintendent shall send a county board a written notice of a determination under subparagraph (i) of this paragraph within 30 days after the end of the implementation timeline approved in the corrective plan under paragraph (2) of this subsection.
A county board shall send the State Superintendent written confirmation of receipt of the notice under subparagraph (ii) of this paragraph, including documentation of the affirmative vote of the county board’s adoption of the Department’s curriculum standards and curriculum resources in accordance with subparagraph (i) of this paragraph.
If a county board fails to adopt the Department’s curriculum standards and curriculum resources as required under paragraph (3) of this subsection within 60 days after the date the county board received the written notice from the State Superintendent under paragraph (3)(ii) of this subsection, the State Superintendent shall withhold State funds in accordance with §§ 2–303 and 5–205 of this article.
A county board may give academic credit for the study of American Sign Language.
On or before December 1, 2012, and every 5 years thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a summary of the information reported to the State Superintendent during the financial literacy COMAR certification process.
The Department shall:
Support and facilitate oral health education, including oral disease prevention and dental health promotion, in every county;
Develop a process to monitor implementation of oral health education; and
On or before December 1, 2015, and every 5 years thereafter, submit to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly a summary of the information reported by the Department to the State Superintendent during the certification of the Health Education State Curriculum.
Beginning in the 2018–2019 school year, each county board is encouraged to implement an agriculture science curriculum specified in subsection (b) of this section in:
At least one public high school in the county; or
At least one career and technology education center in the county.
The agriculture science curriculum implemented under subsection (a) of this section shall be:
Selected from existing curricula that have been developed by the Department; or
Developed by a county board and approved by the Department.
Beginning in the 2021–2022 school year, each county board shall require each public high school in the county to offer at least one computer science course.
The computer science course shall be of high quality and meet or exceed the curriculum standards and requirements established by the State Board.
The county board shall make efforts to:
Incorporate instruction in computer science in each public elementary and middle school in the county; and
Increase the enrollment in middle and high school computer science courses of:
Female students;
Students with disabilities; and
Students of ethnic, racial, and other demographic groups that are underrepresented in the field of computer science as identified by the U.S. Equal Employment Opportunity Commission.
Each county board shall establish at least one citizen advisory committee to advise the board and to facilitate its activities and programs in the public schools.
Similar advisory committees may be established for:
An individual school; or
A group of schools within a region.
A committee established under this section may include parents, teachers, students, and other citizens as members.
This subsection applies only in Prince George’s County.
A citizen advisory committee established by the Prince George’s County Board of Education shall reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the county.
Under the direction of the county superintendent, a county board may take a school census of the children under the age of 18 in its county, including a census of handicapped children both of school age and of preschool age.
Any data collected as to handicapped children shall be furnished to the Maryland Department of Health.
Any person who has under his control a child under the age of 18 and who withholds information needed for the census from any officer demanding it or who makes any false statement about the child is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20.
Each county board shall convert a student’s home address and geolocation information into census tract and block numbers in a manner and format that are consistent with the protocol developed by the Maryland Longitudinal Data System Center under § 24–703.3 of this article.
The Department shall collect from each county board census tract and block number information for each student in the county.
The Department shall provide the Maryland Longitudinal Data System Center with the census tract and block number information collected under this section to aid the Maryland Longitudinal Data System Center’s goal under § 24–702 of this article of linking student data and workforce data.
All property granted, conveyed, devised, or bequeathed for the use of a particular public school or school system:
Except as provided in subsections (c) through (e) of this section, shall be held in trust for the benefit of the school or school system by the appropriate county board or, for real property in Baltimore City, by the Mayor and City Council of Baltimore; and
Is exempt from all State and local taxes.
Money invested in trust for the benefit of the public schools for any county or city is exempt from all State and local taxes.
A private entity or a county revenue authority may hold title to property used for a particular public school or local school system if the private entity or county revenue authority is contractually obligated to transfer title to the appropriate county board on a specified date.
The conveyance of title of school property to a private entity or a county revenue authority for a specified term under this subsection may not be construed to prohibit the allocation of construction funds to an approved school construction project under the Public School Construction Program.
A county or county board may convey or dispose of surplus land under the jurisdiction of the county or county board in exchange for public school construction or development services.
This subsection applies only to a project that uses an alternative financing method under § 4–126 of this subtitle.
A county board may transfer title to property used for a particular public school or local school system to a county revenue authority or private entity if the county revenue authority or private entity is contractually obligated to operate and maintain the property until:
The property outlives its useful life;
The property is no longer needed for school purposes; or
As otherwise agreed to by the parties.
A county revenue authority or private entity may hold title to property leased by a county board to be used for a particular public school or local school system under terms agreed to by the parties.
In this subtitle, “county council” means, in Baltimore City, the Mayor and City Council of Baltimore.
For purposes of this subtitle, a county board may consider the provision of educator workforce housing, as defined in § 1–101 of the Housing and Community Development Article, as a school purpose.
Each county board shall request and receive the approval of the State Superintendent, or the State Superintendent’s designee, before the county board may:
Buy or otherwise acquire land, school sites, or buildings that will be used for the education of students;
Rent or build school facilities or approve contracts for doing so, if the plans conform to the bylaws, rules, and regulations of the State Board; or
Add to or renovate school facilities or approve contracts for doing so, if the addition or renovation:
Costs more than $1,250,000;
Will affect the plan configuration of student–occupied spaces; and
Conforms to the bylaws, rules, and regulations of the State Board.
Except as provided in this subsection, if, with the approval of the State Superintendent, or the State Superintendent’s designee, a county board finds that any land, school site, or building no longer is needed for school purposes, it shall inform the county commissioners or county council of the county board’s determination under this subparagraph.
When the county commissioners or county council receives notice under subparagraph (i) of this paragraph, the county commissioners or county council shall notify the county board within 30 days after receiving the notice from the county board:
Of the need to transfer the land, school site, or building to the county commissioners or county council if the land, school site, or building is an integral component of an existing economic development plan that will, in the judgment of the county commissioners or county council, significantly benefit the county; or
That the county commissioners or county council has no existing plans for the use of the land, school site, or building.
If the county commissioners or county council provides the required notice to the county board under subparagraph (ii)1 of this paragraph or a public charter school does not need the school site or building under § 9–111 of this article, the land, school site, or building shall be transferred by the county board to the county commissioners or county council and may be used, sold, leased, or otherwise disposed of, except by gift, by the county commissioners or county council.
If the county commissioners or county council provides the required notice to the county board under subparagraph (ii)2 of this paragraph, the county board shall comply with the provisions of § 9–111 of this article.
In Harford County, if, with the approval of the State Superintendent, or the State Superintendent’s designee, the county board finds that any land, school site, or building is no longer needed for school purposes, it shall be transferred by the county board to Harford County, Maryland, and disposed of in accordance with this section.
With the approval of the State Superintendent, or the State Superintendent’s designee, the Cecil County Board may transfer, with or without charge, any of its property to the board of trustees of a public community college.
In Baltimore County, the Baltimore County Board of Education must notify the Baltimore County Office of Planning and Zoning of any schools it is considering for closure and request from that Office a written recommendation on the proposed action. If the Office of Planning and Zoning wishes to make a recommendation, it must be submitted to the board no later than November 1 of the calendar year preceding the proposed closure. The board of education shall consider these recommendations at least 3 months before taking final action. These provisions may be waived by mutual agreement.
In Baltimore City, the Board of School Commissioners shall notify the Baltimore City Department of Planning of any school buildings the board is considering for closure simultaneously as the board releases its school building closure list in accordance with COMAR 13A.02.09, and request from that department a written recommendation on the proposed action and the relative merit for Baltimore City.
A recommendation by the Baltimore City Department of Planning shall be submitted to the board no later than 30 days after notification by the board.
The board shall consider these recommendations before taking final action.
The requirements of this subsection may be waived by mutual agreement between the board and the Baltimore City Department of Planning.
If there is a commission or agency with legal responsibility for county planning for land use, the county board shall:
Consult with the commission or agency; and
Ask its advice in choosing land for a school site.
The site shall conform as far as practicable to development plans for land use in the county.
If a county board gives preliminary approval of a school site, the county board shall hold a public hearing if:
It considers it desirable;
100 or more adult residents of the county petition in writing for a hearing; or
The county commissioners or county council asks for a hearing.
The hearing shall be held on at least 10 days’ notice, published at least once in a newspaper of general circulation in the county and posted electronically on the local school system website, to give all interested persons an opportunity to present their views.
Any petition by residents of the county shall be filed at the office of the county board within 15 days after the board gives preliminary approval of the site.
If a hearing is held, minutes shall be kept and, after deliberation, the county board shall send the minutes of the hearing and its recommendation to the State Superintendent for use in making a decision on his approval of the site.
A request for site approval may not be made to the State Superintendent by a county board until 15 days pass after its action recommending the site or, if a hearing is held, until after the hearing, whichever occurs last.
On the recommendation of the county superintendent, a county board may employ architects to assist in preparing plans and specifications for constructing or remodeling a building.
The construction or remodeling of a building shall conform to all applicable State and county building, electrical, fire, and plumbing regulations and codes.
A fee may not be charged for any permit required pursuant to the required regulations or codes for construction or remodeling, but a fee may be charged for water or sewer permits, or for connection and service charges for water and sewerage.
A building to be constructed or substantially remodeled under this section shall be required to install approved carbon monoxide detectors in areas of new and existing educational occupancies where fuel fired equipment is present.
A signal from a carbon monoxide detector installed under this subsection shall be automatically transmitted to an approved supervising station or to a constantly attended on–site location.
The carbon monoxide detectors required under this subsection shall be installed in accordance with the National Fire Protection Association 720: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, 2009 Edition or as referenced in the State Fire Prevention Code.
Each county board may receive a donation of any:
School land;
School site; or
Suitably located house adapted to school purposes.
A county board may not improve any site or occupy any house donated under this section until it has acquired either a valid title to the property or a leasehold interest in it for a term longer than the probable useful life of the proposed improvement to the site or of the house donated.
A county board may bring condemnation proceedings to acquire land under Title 12 of the Real Property Article if:
Land is required for any school purpose; and
The county board is unable to contract with the owner of the land for what the board considers to be a fair valuation.
The county board may ask the county commissioners or county council to assist it in bringing condemnation proceedings.
If a county board considers it practicable, it shall consolidate schools.
Each county board shall arrange for the transportation of students to and from consolidated schools.
In this section the following words have the meanings indicated.
“Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the past fiscal year, divided by full–time equivalent enrollment, as defined in § 5–202(a) of this article.
“Receiving county” means a county that receives the children of an adjoining, sending county into its public schools.
“Sending county” means a county that sends children who reside within its borders to a public school in an adjoining, receiving county.
A school that is in one county and near the boundary of an adjoining county is free to the children of the adjoining county as provided in this section.
The county boards of the two counties may:
Provide jointly for the maintenance and support of the jointly attended school in the receiving county; and
Determine the geographical attendance areas and other attendance policies of the two counties for all jointly attended schools in the receiving county.
If the two county boards fail to agree on a geographical attendance area or attendance policy, the State Superintendent shall decide the matter.
The following provisions apply in Somerset and Worcester counties:
A student who resides in Somerset County and is presently attending school in Worcester County may continue to attend school in Worcester County until graduation from high school.
After all of the students described in item (i) of this paragraph have graduated, the exception described in this paragraph will end and all new students will attend school in Somerset County, unless otherwise authorized as provided in paragraph (1) of this subsection.
For each fiscal year, the sending county shall pay the receiving county, for each student who resides in the sending county and who attends a public school in the receiving county, an amount equal to the lesser of:
The local current expense per student in the sending county; or
The local current expense per student in the receiving county.
If the local current expense per student for the sending county is less than the local current expense per student for the receiving county, the difference, plus the appropriate State share of the foundation program, for each student who resides in a sending county who attends a public school in the receiving county, shall be:
Paid by the State to the receiving county; and
Provided for in the appropriation to the State Board.
In this section the following words have the meanings indicated.
“Child in an out–of–county living arrangement” means a child who is placed by a State agency, a licensed child placement agency as provided by § 5–507 of the Family Law Article, or a court in a county other than where the child’s parent or legal guardian resides. “Child in an out–of–county living arrangement” does not include a child living with a relative, stepparent or a person exercising temporary care, custody or control over a child at the request of a parent or guardian of the child.
“Financially responsible county” means the county where the parent or legal guardian of a child in an out–of–county living arrangement resides. If the parents of the child live apart, the financially responsible county is:
The county where the parent who has been awarded custody of the child resides;
If custody has not been awarded, the county where the parent with whom the child lives when not in a foster care home or residential facility resides;
If custody has been awarded to both parents and the parents reside in different counties, both counties shall be considered financially responsible and shall pay one–half the amount as computed in accordance with subsection (c) of this section, except that if the child receives a public education in a county where a parent resides, this subparagraph shall not apply; or
If custody has been awarded to both parents and one parent resides in a county and the other resides out–of–state, the county shall be considered the financially responsible county.
“Least restrictive environment C (LRE–C)” means a setting in which a child is enrolled in a comprehensive school and receives special education and related services in regular education settings less than 40% of the school day.
“Least restrictive environment F (LRE–F)” means a setting in which a child receives special education and related services for greater than 50% of the school day in a public separate day facility that does not include programs for students without disabilities.
“Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the prior fiscal year, divided by the full–time equivalent enrollment, as defined in § 5–202(a) of this article.
“Service providing local education agency” means the local education agency for the county where a child in an out–of–county living arrangement is placed.
A child in an out-of-county living arrangement shall receive an appropriate education from the service providing local education agency.
The service providing local education agency shall include a child enrolled as the result of an out-of-county living arrangement in their full-time equivalent enrollment as provided by § 5-202(a)(6) of this article.
Except as provided in paragraph (4) of this subsection, for each child in an out–of–county living arrangement enrolled in a public school program on December 31, the financially responsible county shall pay the service providing local education agency an amount equal to the lesser of:
The local current expense per student in the financially responsible county; or
The local current expense per student in the service providing local education agency.
If the service providing local education agency determines that a child in an out–of–county living arrangement is a student with a disability who needs an LRE–C or LRE–F placement, the financially responsible county shall pay the service providing local education agency for each such child an amount equal to the lesser of:
Three times the local current expense per student in the financially responsible county; or
Three times the local current expense per student in the service providing local education agency.
If the local current expense per student in the financially responsible county is less than the local current expense per student in the service providing local education agency, the State shall pay to the service providing local education agency the difference for each student in an out–of–county living arrangement who attends a public school in the service providing local education agency.
The necessary funds shall be provided in the appropriation to the State Board.
If the service providing local education agency determines that a child in an out–of–county living arrangement is disabled and needs a nonpublic educational program as provided by § 8–406 of this article, the financially responsible county shall pay for each such child the amount provided by § 8–415(d)(3) of this article.
Each service providing local education agency shall notify the State Superintendent of the name of each child in an out-of-county living arrangement as of December 31 of each year and make a preliminary determination of the financially responsible county for each child. The service providing local education agency shall send a copy of this notice to the financially responsible county by January 31, and at the same time shall send the notice to the State Superintendent.
The county which was initially determined to be financially responsible may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.
The State Superintendent shall decide all appeals which are made under paragraph (2) of this subsection, and make a final determination regarding the financially responsible county for each child in an out-of-county living arrangement.
By January 15 of each year each county board shall provide the State Superintendent the data necessary to compute the local current expense per student under this section.
If by May 15 a financially responsible county fails to make the required payment to a service providing local education agency, the State Superintendent shall deduct from the next payment of State aid to the financially responsible county an amount equal to the amount owed under this paragraph and shall pay those funds to the service providing local education agency.
Except as provided in paragraph (2) of this subsection, out-of-state agencies that place a child in a foster care home or residential facility in Maryland shall be liable for the costs of the child’s education, including transportation.
The provisions of paragraph (1) of this subsection do not apply to out-of-state agencies that place a child for adoption.
The State Board may adopt regulations which implement this section.
In this section the following words have the meanings indicated.
“Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.
“Least restrictive environment C (LRE–C)” means a setting in which a child is enrolled in a comprehensive school and receives special education and related services in regular education settings less than 40% of the school day.
“Least restrictive environment F (LRE–F)” means a setting in which a child receives special education and related services for greater than 50% of the school day in a public separate day facility that does not include programs for students without disabilities.
“Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the prior fiscal year, divided by the full–time equivalent enrollment, as defined in § 5–202(a) of this article.
“Receiving agency” means the local education agency for the county where the relative of a child in an informal kinship care relationship resides.
“Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.
“Sending agency” means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, subject to the following conditions:
If the parents or legal guardians of the child live apart, the sending agency is the local education agency in the county where the parent or legal guardian who has been awarded custody of the child resides;
If custody has not been awarded to a parent or legal guardian, the sending agency is the local education agency of the county where the parent or legal guardian with whom the child lives when not in an informal kinship care relationship resides;
If custody has been awarded to both parents or legal guardians, and the parents or legal guardians reside in different counties, the local education agencies of both counties shall be considered a sending agency and shall pay one–half the amount as computed in accordance with subsection (d) of this section, except that if a child receives a public education in a county where a parent resides, this subparagraph shall not apply; and
If custody has been awarded to both parents or legal guardians, and one parent resides in a county and the other resides out of state, the local education agency of the county shall be considered the sending agency.
“Serious family hardship” means:
Death of a parent or legal guardian of the child;
Serious illness of a parent or legal guardian of the child;
Drug addiction of a parent or legal guardian of the child;
Incarceration of a parent or legal guardian of the child;
Abandonment by a parent or legal guardian of a child; or
Assignment of a parent or legal guardian of a child to active uniformed services duty.
Subsection (d) of this section shall apply to the education funding of a child in an informal kinship care relationship if the fiscal impact of the requirements of § 7–101(c) of this article to a county exceeds 0.1% of a county board’s total operating budget for a fiscal year.
A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.
The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full–time equivalent enrollment as provided by § 5–202(a) of this article.
Subject to subsection (b) of this section, and except as provided in paragraph (3) of this subsection, for each child in an informal kinship care relationship enrolled in a public school program, the sending agency shall pay the receiving agency an amount equal to the lesser of:
The local current expense per student under the jurisdiction of the sending agency; or
The local current expense per student under the jurisdiction of the receiving agency.
If the receiving agency determines that a child in an informal kinship care relationship is a student with a disability who needs an LRE–C or LRE–F placement, the sending agency shall pay the receiving agency for each such child an amount equal to the lesser of:
Three times the local current expense per student under the jurisdiction of the sending agency; or
Three times the local current expense per student under the jurisdiction of the receiving agency.
If the receiving agency determines that a child in an informal kinship care relationship is disabled and needs a nonpublic educational program as provided by § 8–406 of this article, the sending agency shall pay for each such child the amount provided by § 8–415(d)(3) of this article.
Each receiving agency shall:
Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and
Subject to subsection (b) of this section, make a preliminary determination of the sending agency that is financially responsible for each child under subsection (d) of this section.
The receiving agency shall send a copy of the notice required under paragraph (1) of this subsection to the sending agency by January 31, and, at the same time, shall send notice to the State Superintendent.
The sending agency that was determined to be financially responsible under this subsection may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.
The State Superintendent shall decide all appeals that are made under paragraph (3) of this subsection and make a final determination regarding the sending agency’s financial responsibility for each child in an informal kinship care relationship under the jurisdiction of the receiving agency.
By January 15 each year, each county board shall provide the State Superintendent the data necessary to compute the local current expense per student under this section.
If by May 15 a sending agency has failed to make the required payment to a receiving agency, the State Superintendent shall deduct from the next payment of State aid to the sending agency an amount equal to the amount owed under this section and shall pay those funds to the receiving agency.
The State Board shall adopt regulations to implement this section.
A county board may enter into an agreement for the cooperative or joint administration of programs with one or more:
County boards;
Other educational institutions or agencies; and
Boards of county commissioners or county councils.
Agreements made under this section may include the cooperative or joint administration of programs that relate to:
Personnel;
Purchasing;
Accounting;
Data processing;
Printing;
Insurance;
Building maintenance; and
Transportation.
If an agreement made under this section establishes a separate administrative entity to conduct or administer the joint or cooperative undertaking with power to employ persons, receive and spend money, or receive and spend federal or State grants and appropriations, the agreement shall specify the following:
The duration of the agreement;
The organization, composition, and nature of any separate administrative entity established;
A statement of the powers of the entity and the manner of representation and participation of each cooperating board or agency in the program and that, if a joint board is established, each public agency party to the agreement shall be represented on it;
The purpose of the administrative entity;
The manner of financing the joint or cooperative undertaking and of establishing and maintaining its budget, including the manner for receiving, holding, and disbursing federal and other grants and appropriations, and the responsibilities of each cooperating unit of government involved for the payment of the share of the employer in any pension, retirement, or insurance plan administered by any of the participants;
The manner of acquiring, holding, and disposing of property used in the joint or cooperative undertaking;
The method to be used in accomplishing the partial or complete termination of the agreement and for disposing of property on partial or complete termination; and
Any other necessary and proper matters.
Before any agreement made under subsection (b) of this section becomes effective, it shall:
Be approved by the county governing body; and
Be submitted to the Attorney General.
If the Attorney General finds that the agreement is not in proper form or not compatible with the laws of this State, the Attorney General shall give written details to the governing body of each public agency concerned as to how the proposed agreement fails to meet the requirements of law.
A cooperative entity established under subsection (b) of this section may administer only the programs and exercise only the powers and duties specifically delegated to it by the public bodies party to the agreement.
An agreement made under this section does not relieve any county board or other participant of any obligation or responsibility imposed on it by law, except that actual and timely performance by a joint board or other administrative entity established by an agreement under this section may be offered by the board in satisfaction of the obligation or responsibility.
A county board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of public and nonpublic elementary and secondary schools as “drug–free school zones”.
The signs shall be designed in order to provide notice of the provisions of § 5–627 of the Criminal Law Article.
In Anne Arundel County, Baltimore City, and Prince George’s County, all new and replacement signs shall include a hotline number to report information concerning suspected illegal drug activity.
In this section the following words have the meanings indicated.
“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.
“Mandatory set–asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.
“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.
“Minority business enterprise” means any business enterprise:
That is at least 51 percent owned by one or more minority individuals; or
In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by one or more minority individuals; and
Whose management and daily business operations are controlled by one or more minority individuals.
“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.
“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.
“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.
The Board of Education of Prince George’s County shall undertake and complete an internal and market fact–finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the board. The results of the fact–finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.
If the fact–finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the county board, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the county board. The program shall include specific goals and the definition of “minority individual”.
In establishing a minority business enterprise program, the county board is authorized to use incentives to achieve the designated goals of the program, including but not limited to:
Mandatory set–aside procedures;
Mandatory subcontracting procedures with reasonable waiver provisions;
The application of bonus points;
The application of percentage points;
Restrictive bidding;
Restrictive price quotations;
The reduction or waiver of bonding requirements; and
Incentives to encourage maximum participation by:
Small businesses;
A variety of different businesses; and
Businesses located within Prince George’s County.
The county board may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the board.
It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this section.
The county board shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.
The program shall be evaluated every 2 years.
The results of any evaluation under this subsection shall be submitted to the Prince George’s County Delegation of the General Assembly.
In this section the following words have the meanings indicated.
“Certified county–based business participation” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“Certified county–based minority business participation” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County–based business” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County–based minority business enterprise” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County–based small business” has the meaning stated in § 10A–101 of the Code of Public Local Laws of Prince George’s County.
“County board” means the Prince George’s County Board of Education.
“Procurement” means the process of buying, leasing, lease–purchasing, or otherwise obtaining supplies, services, or construction.
“Procurement” includes all functions that relate to the process of obtaining supplies, services, or construction, including:
Description of requirements;
Selection and solicitation of sources; and
Preparation, award, and execution of a contract.
“Program” means the Certified County–Based Business Participation Program that may be established under this section.
This section applies only in Prince George’s County.
The county board, after consultation with the County Superintendent, may establish and implement a Certified County–Based Business Participation Program to be used in county board procurement.
If the county board exercises the authority granted in subsection (c) of this section, the county board and the County Superintendent shall:
Consult with the Prince George’s County Council, or its agencies or agents, on the establishment and implementation of the Program; and
Establish goals and requirements for the Program that may include:
Minimum percentages for certified county–based business participation;
Utilization of county–based small businesses;
Minimum goals and incentives for maximizing certified county–based minority business participation; and
The goals established under § 4–125(d) of this subtitle.
To achieve the designated goals of the Program, the county board and the County Superintendent may use incentives and bonuses, including:
Mandatory set–aside procedures;
Mandatory subcontracting procedures with reasonable waiver provisions;
The application of bonus points;
The application of percentage points;
Restrictive bidding;
Restrictive price quotations;
The reduction or waiver of bonding requirements; and
Incentives to encourage maximum participation by:
Certified county–based small businesses; and
A variety of different certified county–based businesses.
If the county board exercises the authority granted in subsection (c) of this section, the county board and the county council shall enter into a binding memorandum of understanding outlining the county board’s goals and commitment to implementing the Program.
On or before December 1, 2015, and each year thereafter, the county board, after consultation with the County Superintendent, shall submit a report to the Prince George’s County delegations to the House of Delegates and Senate of Maryland, the Prince George’s County Council, and the Prince George’s County Executive, in accordance with § 2–1257 of the State Government Article, that specifies:
The respective percentages and dollar amounts of certified county–based business participation, certified county–based minority business participation, and certified county–based small business participation in county board procurement for the previous fiscal year; and
The efforts by the county board and the County Superintendent in the previous fiscal year to encourage greater certified county–based business participation, certified county–based minority business participation, and certified county–based small business participation in county board procurement.
In this section, “alternative financing methods” includes one or more of the following methods:
Sale–leaseback arrangements, in which a county board agrees to transfer title to a property, including improvements, to a private entity that simultaneously agrees to lease the property back to the county board and, on a specified date, transfer title back to the county board;
Lease–leaseback arrangements, in which a county board leases a property to a private entity that improves the property and leases the property, with the improvements, back to the county board;
Public–private partnership agreements, in which a county board contracts with a county revenue authority or a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for cooperative use of the school or an adjacent property and generation of revenue to offset the cost of construction or use of the school;
Performance–based contracting, in which a county board enters into an energy performance contract to obtain funding for a project with guaranteed energy savings over a specified time period;
Preference–based arrangements, by which a local governing body gives preference first to business entities located in the county and then to business entities located in other counties in the State for any construction that is not subject to prevailing wage rates under Title 17, Subtitle 2 of the State Finance and Procurement Article;
Design–build arrangements, that permit a county board to contract with a design–build business entity for the combined design and construction of qualified education facilities, including financing mechanisms where the business entity assists the local governing body in obtaining project financing; and
Design–construct–operate–maintain–finance arrangements that permit a county board to contract with a county revenue authority or a private entity for the design, construction, operation, and maintenance of a public school under terms agreed to by the parties.
Except when prohibited by local law, in order to finance or to speed delivery of, transfer risks of, or otherwise enhance the delivery of public school construction, a county board, with the approval of the county governing body in accordance with subsection (d) of this section, may:
Use alternative financing methods;
Engage in competitive negotiation, rather than competitive bidding, in limited circumstances, including construction management at–risk arrangements and other alternative project delivery arrangements, as provided in regulations adopted by the Interagency Commission on School Construction;
Accept unsolicited proposals for the development of public schools in limited circumstances, as provided in regulations adopted by the Interagency Commission on School Construction;
Solicit proposals for the development of public schools;
Lease property from a county revenue authority or a private entity for use as a public school facility; and
Use quality–based selection, in which selection is based on a combination of qualifications and cost factors, to select developers and builders, as provided in regulations adopted by the Interagency Commission on School Construction.
The alternative financing methods described under paragraph (1)(i) of this subsection may include reserves sufficient to cover operation, facility renewal, maintenance, and energy costs as part of a contract.
Use of alternative financing methods under this section may not be construed to prohibit the allocation of State funds for public school construction to a project under the Public School Construction Program.
A county board may not use alternative financing methods under this section without the approval of the county governing body.
Except as provided in paragraphs (2) and (3) of this subsection, § 2–303(f) and Title 5, Subtitle 3 of this article and the regulations that govern the Public School Construction Program do not apply to projects that use alternative financing methods under this section.
Nothing in this section may be construed to authorize or require State approval before an alternative financing method may be used by a local school system.
If a project that receives State funding uses alternative financing methods under this section, the project shall be submitted to the Interagency Commission on School Construction for review.
Projects that use alternative financing methods under this section and receive State funding shall comply with the following requirements:
Except as provided in subparagraph (ii) of this paragraph, the State and local cost–share established for each county in regulations;
Except as provided in subparagraph (ii) of this paragraph, the maximum State award for each project approved for State funding;
Except as provided in subparagraph (ii) of this paragraph, the approval of project funding by the Interagency Commission on School Construction;
Smart growth requirements;
Minority business enterprise requirements;
Prevailing wage requirements;
Environmental requirements; and
A requirement for a procurement process that includes public notice and results in the most advantageous proposal.
In Prince George’s County, projects that use alternative financing methods under this section and receive State funding for a yearly availability payment:
Do not have to comply with the requirements under subparagraph (i)1 through 3 of this paragraph;
Shall comply with the requirements under subparagraph (i)4 through 8 of this paragraph; and
If the project receives State funding for a yearly availability payment from the Supplemental Public School Construction Financing Fund under § 10–658 of the Economic Development Article, the project shall comply with a four–party memorandum of understanding entered into and signed by the Prince George’s County Board, Prince George’s County, the Maryland Stadium Authority, and the Interagency Commission on School Construction that:
Subject to item G of this item, specifies the roles, rights, terms, and responsibilities of each party with respect to school projects undertaken with a private or public entity using alternative financing methods, including any amounts the parties are required to deposit into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle;
Specifies that § 2–303(f) and Title 5, Subtitle 3 of this article and regulations governing the Public School Construction Program are not applicable to projects using alternative financing methods;
Requires the Prince George’s County Board to submit projects to the Interagency Commission on School Construction for review before commencement of the project;
Specifies the time frames in which the Interagency Commission on School Construction shall complete its review of projects;
Requires the Prince George’s County Board to submit annual reports to Prince George’s County, the Maryland Stadium Authority, and the Interagency Commission on School Construction during the term of the alternative financing method contract with the public or private entity;
Specifies the terms under which each party will comply with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle;
Specifies the roles of the Interagency Commission on School Construction, including the Interagency Commission’s rights related to:
Approval of the Project Agreement;
II. Approval of site–specific educational specifications;
III. Approval of final site selections; and
IV. The role of the governing body of the program; and
Specifies that the governance structure for the program is the Prince George’s County Superintendent of Schools, the Prince George’s County Executive, and the Chair of the Prince George’s County Council.
In this section, “public–private partnership agreement” means an agreement in which a county board of education contracts with a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for operation and maintenance of a school, cooperative use of the school or an adjacent property, and generation of revenue to offset the cost of construction or use of the school.
Except as otherwise provided in this section, § 4–126 of this subtitle applies to a public–private partnership agreement entered into in accordance with this section.
This section applies only if the Prince George’s County Board enters into a public–private partnership agreement with a private entity to enhance the delivery of public school construction in Prince George’s County.
Subject to subparagraph (ii) of this paragraph, before entering into a public–private partnership agreement under paragraph (1) of this subsection, the public–private partnership agreement shall be reviewed by the Maryland Stadium Authority and approved by the Interagency Commission on School Construction.
The approval of the Interagency Commission on School Construction may not be unreasonably withheld or delayed as specified in the memorandum of understanding required under § 4–126 of this subtitle.
In fiscal years 2024 and 2025, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
Subject to paragraph (3) of this subsection, in fiscal year 2026 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund established under § 10–658 of the Economic Development Article into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
Paragraph (2) of this subsection applies only if the public–private partnership agreement described under subsection (c) of this section includes:
A minimum of 8 schools that will be improved, constructed, or renovated and operated and maintained under the public–private partnership agreement, including one school for which a structural engineer has identified to the Commission that the school needs a full replacement because of faulty steel; and
A commitment by the Prince George’s County government and the Prince George’s County Board to provide the local share of the total payment.
In fiscal year 2026 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section, the Prince George’s County government and the Prince George’s County Board each shall deposit the payment amount required under the public–private partnership agreement into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
In fiscal year 2025 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section and the Prince George’s County government deposits the payment in the manner described under subsection (d)(3) of this section, the Interagency Commission on School Construction shall pay the Prince George’s County Board from the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle for the payment required under the public–private partnership agreement.
On January 15, 2025, and each January 15 thereafter, the Prince George’s County government, the Prince George’s County Board, the Maryland Stadium Authority, and the Interagency Commission on School Construction jointly shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly on the progress of construction and renovations of public school facilities under the public–private partnership agreement described under subsection (c) of this section, including actions:
Taken during the previous fiscal year; and
Planned for the current fiscal year.
On or before July 1, 2029, the Interagency Commission on School Construction shall complete a 5–year evaluation of the effectiveness of the public–private partnership agreement described under subsection (c) of this section.
On or before December 31, 2029, the Interagency Commission on School Construction shall submit a report on the results of the evaluation required under paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly.
In this section, “Fund” means the Prince George’s County Public–Private Partnership Fund.
There is a Prince George’s County Public–Private Partnership Fund.
The purpose of the Fund is to provide funds to the Prince George’s County Board for the Board to pay a public or private entity for the payment due under the Prince George’s County public–private partnership agreement entered into in accordance with § 4–126.1 of this subtitle.
The Interagency Commission on School Construction shall administer the Fund as described in the four–party memorandum of understanding entered into under § 4–126(e)(3)(ii) of this subtitle.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money deposited into the Fund by Prince George’s County and the Maryland Stadium Authority;
Money deposited into the Fund by the State;
Any investment earnings of the Fund; and
Any other money from any other source accepted for the benefit of the Fund.
Except as provided in paragraph (2) of this subsection, the Fund may be used only to provide funding to Prince George’s County for alternative financing methods under § 4–126 of this subtitle in Prince George’s County.
If the Prince George’s County Board receives State funding for an availability payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 of this subtitle may be used only to pay a payment to a private entity under the public–private partnership agreement entered into and approved in accordance with § 4–126.1 of this subtitle.
Any appropriation to the Fund shall be used to supplement, but not supplant, money appropriated to Prince George’s County for public school construction under the Public School Construction Program established in Title 5, Subtitle 3 of this article.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
If a memorandum of understanding is entered into under § 4–126 of this subtitle and State funding is provided for a payment, the Prince George’s County Board and Prince George’s County shall deposit into the Fund the amounts required under the memorandum of understanding.
In this section the following words have the meanings indicated.
“Recyclable materials” means those materials that:
Would otherwise become solid waste for disposal in a refuse disposal system; and
May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
“Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
This section applies only in Prince George’s County.
The Prince George’s County Board of Education shall develop and implement a recycling program for all facilities under the jurisdiction of the county board.
In developing the recycling program under subsection (c) of this section, the county board shall address:
The recyclable materials to be separated;
The strategy for the collection, processing, marketing, and disposition of recyclable materials;
The strategy for the collection, processing, and disposition of the polystyrene trays used in public school cafeterias; and
Methods for promoting and determining compliance with the recycling program.
A county board of education is subject to the requirements relating to employees who return from service in the uniformed services in § 1–203 of the Local Government Article.
The right of an employee of a county board of education to engage in political activity is subject to Title 1, Subtitle 3 of the Local Government Article.
In this section, “student work product” means the work created by an individual while enrolled as a student at a public school in the State.
“Student work product” includes:
Written reports, essays, tests, and homework;
Personal class notes;
Art projects; and
Computer software.
A county board may not claim ownership rights, property rights, or the copyright to the student work product of a student enrolled in a public school under the jurisdiction of the county board.
In this section the following words have the meanings indicated.
“Covered information” means information or material that, alone or in combination with other information or material, is linked or could be linked to a student in a manner that would allow an employee or a student of the student’s school to identify the student with reasonable certainty.
“Covered information” includes a student’s:
Educational records as defined in § 7–1303 of this article;
First and last name;
Home address and geolocation information;
Telephone number;
Electronic mail address or other information that allows physical or online contact;
Test results, grades, and student evaluations;
Special education information;
Criminal records;
Medical records and health records;
Social Security number;
Biometric information;
Socioeconomic information;
Food purchases;
Political and religious affiliations;
Text messages;
Student identifiers;
Search activity;
Photos;
Voice recordings;
Disciplinary information;
Online behavior or usage of applications when linked or linkable to a specific student;
Persistent unique identifiers; and
Confidential information as defined by the Department of Information Technology.
“Operator” means an individual or an entity who engages with institutions under the school official exception of the federal Family Educational Rights and Privacy Act and is operating in accordance with a contract or an agreement with a public school or local school system in the State to provide an Internet website, an online service, an online application, or a mobile application that:
Processes covered information; and
Is used for a PreK–12 school purpose; or
Is issued at the direction of a public school, a teacher, or any other employee of a public school, local school system, or the Department.
“Operator” includes a division of a parent entity if the division:
Serves education clients; and
Does not share covered information with the parent entity.
“Persistent unique identifier” means an identifier that can be used to identify, recognize, track, single out, or make references about a student enrolled in prekindergarten through grade 12, the parent or guardian of the student, and any other student of whom the parent or guardian has custody.
“Persistent unique identifier” includes:
Cookie identifiers;
Customer numbers;
Device identifiers;
Hashed e–mail addresses;
Hashed phone numbers;
Identifiers generated through probabilistic methods;
Mobile ad identifiers;
Unique pseudonyms; and
User aliases.
“PreK–12 school purpose” means an activity that:
Takes place at the direction of a public school, a teacher, an administrator, or a local school system; or
Aids in the administration of public school activities.
“PreK–12 school purpose” includes:
Instruction in the classroom;
Home instruction;
Administrative activities;
Collaboration among students, public school employees, and parents;
Maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application; and
An activity that is for the use and benefit of the public school.
“Targeted advertising” means presenting advertisements to an individual student that are selected based on information obtained or inferred from the student’s covered information.
“Targeted advertising” does not include advertisements presented to an individual student at an online location:
Based on the student’s current visit to the online location if there is no collection or retention of the student’s covered information over time; or
In response to a single search query if there is no collection or retention of the student’s covered information over time.
This section does not apply to a general audience Internet website, general audience online service, general audience online application, or general audience mobile application, even if log–in credentials created for an operator’s site, service, or application may be used to access the general audience site, service, or application.
An operator shall:
Protect covered information from unauthorized access, destruction, use, modification, or disclosure;
Implement and maintain reasonable security procedures and practices to protect covered information; and
If covered information is under the authority of a public school or local school system in accordance with a contract or an agreement, delete within a reasonable time the covered information if the public school or local school system requests deletion of the covered information.
An operator may not knowingly engage in any of the following activities with respect to the operator’s site, service, or application:
Engage in targeted advertising if the advertising is based on information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of the operator’s site, service, or application;
Except in furtherance of a PreK–12 school purpose, use information, including covered information and persistent unique identifiers, created or gathered by the operator’s site, service, or application, to make a profile about a student;
Subject to paragraph (2) of this subsection and except as provided in subsection (f) of this section, sell a student’s information; or
Except as provided in subsection (e) of this section, disclose covered information.
Nothing in this subsection shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.
For purposes of paragraph (1)(ii) of this subsection, making a profile of a student does not include the collection and retention of account information that remains under the authority of a student, a student’s parent or guardian, a public school, or a local school system.
Notwithstanding subsection (d)(1)(iv) of this section, an operator may disclose a student’s covered information:
If the disclosure is made only in furtherance of the PreK–12 school purpose of the site, service, or application and the recipient of the covered information:
Does not further disclose the information; and
Is legally required to comply with subsections (c) and (d)(1) of this section;
To ensure legal or regulatory compliance;
To take precautions against liability;
To respond to or participate in judicial process;
To protect the safety of users or others or the security or integrity of the site, service, or application;
To a service provider, provided the operator contractually:
Prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator;
Except for a purpose expressly permitted under this subsection, prohibits the service provider from disclosing covered information provided by the operator with a third party; and
Requires the service provider to comply with the requirements of subsections (c) and (d)(1)(i) through (iii) of this section;
If subsection (d)(1)(i) through (iii) of this section is not violated;
If federal or State law requires the operator to disclose the information, and the operator complies with the requirements of federal and State law in protecting and disclosing the information;
For a legitimate research purpose as:
Required by federal or State law; or
Allowed by federal or State law and under the direction of a public school, local school system, or the Department, if a student’s covered information is not used for advertising or to make a profile on the student for a purpose other than a PreK–12 school purpose; or
To a State or local education agency, including public schools and local school systems, for a PreK–12 school purpose, as permitted by federal and State law.
If an operator of a site, a service, or an application used for a PreK–12 school purpose is merged with or acquired by another entity, the successor entity is subject to this section for previously collected covered information.
Nothing in this section prohibits an operator from:
Using aggregated or de–identified covered information:
To develop or improve an educational product or service within any site, service, or application the operator owns; or
To demonstrate the effectiveness of the operator’s products or services; or
Sharing aggregated or de–identified covered information for the development or improvement of educational sites, services, or applications.
Except for subsection (d)(1)(iii) of this section and subject to paragraph (2) of this subsection, nothing in subsections (d) and (e) of this section may be construed to prohibit the use or disclosure of a student’s covered information by an operator.
An operator may use or disclose covered information under paragraph (1) of this subsection if the operator:
Provided clear and conspicuous notice of the use or disclosure of the student’s covered information to the student or the student’s parent or guardian; and
Obtained the affirmative consent of the student, if the student is at least 18 years old, or the student’s parent or guardian to use or disclose the student’s covered information.
This section may not be construed to limit the authority of a law enforcement agency to obtain content or information from an operator as authorized by federal or State law or in accordance with an order of a court of competent jurisdiction.
This section does not limit the ability of an operator to:
Use a student’s covered information for adaptive learning or customized student learning purposes;
Use recommendation engines to recommend to a student additional content or services relating to an educational, other learning, or employment opportunity purpose within an operator’s site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party;
Respond to a student’s search query, other request for information, or request for feedback if the information or response is not determined in whole or in part by payment or other consideration from a third party; or
Use or retain covered information to:
Ensure legal or regulatory compliance; or
Take precautions against liability.
This section may not be construed to prohibit an operator of an Internet website, an online service, an online application, or a mobile application from marketing educational products directly to parents if the marketing was not a result of the use of covered information obtained by the operator through the provision of services covered under this section.
This section may not be construed to impose a duty on a provider of an electronic store, a gateway, a marketplace, or any other means of purchasing or downloading software or applications to review or enforce compliance of this section.
This section may not be construed to impose a duty on a provider of an interactive computer service, as defined in Chapter 5, Title 47 of the United States Code, to review or enforce compliance with this section by third–party content providers.
This section may not be construed to impede the ability of students to download, export, transfer, or otherwise save or maintain their own data or documents.
The provisions of this section may not be construed to prohibit an Internet service provider from providing Internet connectivity to public schools, students, or students’ families.
In this section, “food recovery” means the reduction of food waste through the donation of leftover or excess food to a local food bank or any other nonprofit organization.
A county board may develop and implement a food recovery program for schools under the jurisdiction of the county board.
If a county board exercises the authority granted in subsection (b) of this section, the county board may apply for recognition of its food recovery program under any food recovery certification program.
Notwithstanding any other provision of law, a county board shall award credit to a middle school student for any course for which a high school student would be awarded credit if the middle school student meets the same requirements as the high school student.
Each county board shall make a determination of the public schools within the jurisdiction of the county board that should be designated as emergency management shelters.
The determination of the county board shall be based on:
Consistency with local emergency management plans and criteria; and
The availability of funding.
In this section, “appointing authority” means the individual or entity that is responsible for appointing a qualified individual to fill a vacancy of an elected member of a county board.
On request, an appointing authority shall provide a list of the names of the candidates for a vacancy of an elected member of a county board:
To the individual making the request; or
By publication on the website of the appointing authority.
In this section the following words have the meanings indicated.
“Fluency” means reading accuracy and rate.
“Phonemic awareness” means the ability to distinguish, segment, blend, and manipulate phonemes in words.
“Phonics” means the study of letters and letter combinations and the relationship between the sounds that they represent.
“Phonological awareness” means a child’s ability to recognize and manipulate parts of oral language including syllables, onset–rime, and phonemes.
“Screening” means a brief, valid, and reliable measurement procedure used to identify or predict whether a student may be at risk for poor learning outcomes.
“Student” means a student who does not have a current individualized education program or an individualized family service plan with reading goals and:
Is in kindergarten;
Is in first grade and was not screened by the school in kindergarten or demonstrated difficulty mastering grade–level reading in kindergarten; or
Enters or transfers to a public elementary school from an elementary school, unless a determination is made by the county board that the student has already been screened and does not demonstrate difficulty mastering grade–level reading.
“Supplemental Reading Instruction” means evidence–based, sequential, systematic, explicit, and cumulative instruction or intervention to mastery of foundational reading skills including phonological or phonemic awareness and processing, phonics, and vocabulary to support development of decoding, spelling, fluency, and reading comprehension skills to meet grade level curriculum.
Beginning in the 2020–2021 school year, each county board shall ensure that a student is screened to identify if the student is at risk for reading difficulties.
The screening required under this section may not be included in the time limitation for assessments set forth in § 7–203(h) of this article.
A screening may be conducted by:
A classroom teacher;
A school psychologist;
A special education teacher;
A speech–language pathologist;
A reading interventionist;
A designated reading specialist; or
Any other educator trained in screening instruments and protocols.
On registration of a student at a public school, the county board shall provide to the parent or guardian of the student:
A description of the screening and supplemental instruction process in the county; and
Any checklists or forms needed to support the screening protocol.
A county board shall select one or more appropriate screening instruments that:
Accurately and reliably identify students at risk for poor learning outcomes;
Are developmentally appropriate;
Are economical to administer in time and cost; and
Use norm–referenced or criterion–based scores.
The screening instrument shall be based on foundational reading skills that include phonological and phonemic awareness and processing.
Students shall be screened according to the schedule established by the county board.
If the screening results indicate that a student is at risk of reading difficulties, the county board shall:
Provide supplemental reading instruction to address the student’s identified areas of need; and
Provide a notification letter to the parent or guardian of the student that includes:
The screening results; and
A description of the supplemental reading instruction that will be provided to the student.
Each county board shall provide resources on the county board’s website that include:
Reading screening instruments used in the county; and
A checklist of early warning signs of reading difficulty and dyslexia by age.
On or before October 1 each year, beginning with the 2020–2021 school year, each county board shall report to the Department the following information:
The number of students in the county in each grade level;
The number of students screened at each grade level;
The number of students identified through a screening instrument as at risk for reading difficulties in each grade level; and
The number of students identified as at risk for reading difficulties at each grade level who received supplemental reading instruction.
Data reported under paragraph (1) of this subsection shall be:
Disaggregated and searchable at the county board level; and
Updated annually and available on the Department’s website.
On or before June 1, 2020, and once every 4 years thereafter, the Department, in consultation with parents, teachers, and other interested stakeholders, shall develop and update resources for use by a county board.
Resources developed under this subsection shall be available on the Department’s website.
The Department shall provide technical support for the county boards to provide training opportunities annually for individuals who conduct screenings under this section and for school administrators.
Training opportunities may include training on:
The administration and interpretation of screenings, informal diagnostic assessments, progress monitoring instruments, and student data;
Interpreting screenings and assessments for parents;
Best practices for designing and implementing supplemental reading instruction; and
The elements, principles, and best practices of supplemental reading instruction.
The Department shall adopt regulations to implement the requirements of this section.
Each county board shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency.
Reasonable steps to provide equal access to public services under subsection (a) of this section include:
The provision of oral language services for parents and guardians with limited English proficiency, which must be through face–to–face, in–house oral language services if in–person contact is on a weekly or more frequent basis; and
The translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes at least 3% of the overall population within the county as measured by the United States Census.
Before releasing to the public any data received from a county board that the Department has synthesized or compiled, the Department shall send the synthesized or compiled data back to the county board for verification.
The county board shall:
Verify any data for the local school system that will be released to the public; and
Send any school–level data to the appropriate school for verification.
Within 7 business days after data is returned to a school for verification:
A school administrator shall verify any data for the school that will be released to the public; and
The school principal shall certify the school administrator’s verification.
If a school or county board discovers a suspected error during the data verification process, the county board shall verify the data for each school in the county.
The Department shall develop and maintain a secure online platform for school administrators to use in analyzing and verifying data in accordance with subsection (a) of this section.
A school shall notify a county board of any suspected error in data released to the public.
A county board shall notify the Office of Education Accountability within the Department of any suspected error in data for:
The local school system; or
A school in the local school system.
The Office of Education Accountability shall review the data for errors and, if necessary, withdraw the publication to the extent possible.
Before the Department or a county board releases to the public any corrected data that was the subject of a review under subparagraph (i) of this paragraph, the school or county board shall repeat the verification process under subsection (a) of this section.
In this section, “parenting student” means a student who is the mother, father, or legal guardian of a child.
The Department shall develop a model policy to support the educational and parenting goals and improve the educational outcomes of pregnant and parenting students.
The policy established under subsection (b) of this section shall:
Require each high school to designate a private lactation space in the school that:
Includes at least one seating option with a flat surface and electrical outlet nearby to accommodate placement of a breast pump device; and
Is not a bathroom or closet;
Provide lactating students with access to a refrigerator located reasonably close to the private lactation space required under item (1) of this subsection;
Require schools to designate at least one staff member to connect, to the extent practicable, pregnant and parenting students with resources to find safe, affordable, and reliable:
Child care and early childhood education services; and
Transportation services to and from school;
Incorporate the attendance policy for pregnant and parenting students developed under § 7–301.1 of this article;
Provide for training of school personnel on policy objectives and requirements; and
Be published in the school system’s student handbook.
Each county board shall establish a policy to support the educational and parenting goals and improve the educational outcomes of pregnant and parenting students based on the model policy established in subsection (b) of this section.
The Department shall provide technical assistance to a county board to establish the policy required under this subsection.
Nothing in this section shall be construed to require a school to construct an addition or new space to a school building to provide a private lactation space to comply with the requirements of the policy established under this section.
In this section the following words have the meanings indicated.
“Program capacity” means the program capacity set by the Howard County School System’s Policy 6010 or its successor policy.
“Target utilization” means the target utilization set by the Howard County School System’s Policy 6010 or its successor policy.
This section applies only in Howard County.
Beginning in the 2021–2022 school year, the Howard County Board of Education shall submit an annual report to the General Assembly and the Howard County Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the program capacity of each permanent school facility based on the rates for elementary, middle, and high schools set by the county board.
If student enrollment at a permanent school facility is not within 10% of target utilization, the county board shall report to the General Assembly and the Howard County Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, each year the permanent school facility is not within 10% of the target utilization on a plan to adjust student enrollment to meet target utilization.
If student enrollment at a permanent school facility is not within 20% of target utilization, the county board shall implement the processes set out in the Howard County Public School System’s Policy 6010, or its successor policy, to assess the need for a redetermination of the geographic attendance area.
If the outcome of the assessment under subparagraph (i) of this paragraph is not a redetermination of the geographic attendance area, the county board shall submit a report to the General Assembly and the Howard County Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, that includes:
An explanation of the reason a redetermination was not appropriate; and
A plan to adjust student enrollment to meet target utilization.
This section applies only in Montgomery County.
The Montgomery County Board of Education shall adopt a data disaggregation policy that:
Applies to any data collection, reports, or internal documentation by the county board; and
Includes a category for each racial and ethnic group that constitutes at least 5% of the students enrolled in the Montgomery County public school system that is separate from any other category.
The Montgomery County Board of Education shall include the impact on each racial and ethnic group that constitutes at least 5% of the students enrolled in the Montgomery County public school system in any racial disparity comparisons completed by the county board.
It is the policy of the State that each local school system operate its school library media program consistent with the following standards:
The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;
Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and
Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.
Each local school system shall develop and implement a policy and procedures to review objections to materials in the school library media program.
The policy and procedures developed under paragraph (1) of this subsection shall:
Establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel;
Require materials under review due to an objection to remain available for use by students and school personnel until the review process has concluded; and
Establish a reasonable timeline to conduct and conclude the review process in a timely manner.
A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, a certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards described under subsection (a) of this section.
In this section, “telehealth” means a mode of delivering health care services through the use of telecommunications technologies by a health care practitioner to a patient at a different physical location than the health care practitioner.
On or before December 31, 2024, the Department and the Maryland Department of Health, in consultation with the stakeholders described in paragraph (2) of this subsection, jointly shall develop State guidelines for school health services regarding the availability for student participation in telehealth appointments during the school day on the premises of public middle and high schools in the State.
The Department and the Maryland Department of Health shall consult with a broad range of stakeholders in developing the State guidelines under paragraph (1) of this subsection, including:
Local school systems;
Middle and high school principals;
School nurses, other school–based health and behavioral health providers, and other support personnel;
Health care providers of various practice areas;
Parents; and
The Maryland Consortium on Coordinated Community Supports.
In developing the State guidelines under paragraph (1) of this subsection, the Department and the Maryland Department of Health shall consider operational, legal, and financial issues, including:
Equity and prioritization of access;
Student and parental rights and responsibilities, including student privacy, informed consent, parental consent, and communications with parents;
School system rights and responsibilities;
The role and responsibilities of health care providers providing telehealth services, including informed consent, collection of medical history and insurance information, follow–up care, and patient communications;
The role and responsibilities of school nurses and other school–based health, behavioral health, and other support personnel;
The role of the student health plan;
Telehealth services related to a student’s individualized education program or Section 504 plan;
Protocols to provide in–person support if telehealth appointments create a challenge to a student returning to the classroom, especially relating to mental health counseling or treatment;
Protocols for missed instruction due to standing or consistently scheduled appointments;
Operational issues, including coordination of services, approval and verification of appointments, including appointments without parental knowledge or consent, school resource allocation, and the use of treatment space;
School system, parent, and health care provider liability;
Health insurance, including Medicaid;
The feasibility of designating a school building space that:
Is private and safe to allow for confidential conversation between a health care provider and a student;
Has Internet access;
Includes at least one seating option with a flat surface and a nearby electrical outlet to accommodate placement of a laptop device; and
Is not a bathroom or closet; and
Any other issues determined relevant by the Department, the Maryland Department of Health, or a stakeholder.
The State Board shall adopt the State guidelines developed under paragraph (1) of this subsection.
Before the start of the 2025–2026 school year, each county board shall adopt and implement a student telehealth policy in accordance with the State guidelines adopted under subsection (b) of this section.
Each county board shall ensure that the local school system:
Publishes the student telehealth policy in the student handbook; and
Makes school personnel aware of student telehealth policy objectives and requirements.
On request, the Department shall provide technical assistance to a county board to establish the student telehealth policy required under this section.
Nothing in this section shall be construed to:
Require a school to construct an addition or a new space to a school building to provide a private space to comply with the student telehealth policy required under this section; or
Alter the responsibilities of a health care provider regarding the disclosure of medical records under Title 4, Subtitle 3 of the Health – General Article, including the authority to disclose a medical record in the case of an emergency.
In this section the following words have the meanings indicated.
“Member school” means a public school that is a member of the Maryland Public Secondary Schools Athletic Association.
“Zoned high school” means the public high school that a student would be required to attend under the regulations of the county board.
This section applies only in Washington County.
For a student to participate in interscholastic athletics at the high school level under COMAR 13A.06.03.02, the Washington County Board of Education may waive the eligibility requirement that the student be enrolled at and attend a member school if:
The student attends a public school in the county that is not the student’s zoned high school;
The public school the student attends under item (1) of this subsection does not have an interscholastic athletics program; and
The student meets all other eligibility requirements established by the county board and the Maryland Public Secondary Schools Athletic Association.
A student who receives an eligibility waiver under subsection (c) of this section may only participate in interscholastic athletics at the student’s zoned high school.
For purposes of determining the classification of member schools for athletic contests under COMAR 13A.06.03.06, the Washington County Superintendent of Schools shall report to the Maryland Public Secondary Schools Athletic Association as the actual enrollment of the member school:
The actual school enrollment of the member school in grades 9, 10, and 11 as of September 30 of each even–numbered year; plus
The actual number of students authorized to participate in interscholastic athletics at the member school under subsection (c) of this section.
Each public high school shall, in the same manner in which the school informs students of postsecondary educational options, inform students of employment and skills training opportunities available through:
Apprenticeship sponsors registered with the Division of Workforce Development and Adult Learning under § 11–405 of the Labor and Employment Article;
Employers registered with the Maryland Department of Labor or local workforce development boards; and
Schools licensed by the Maryland Higher Education Commission that provide training, retraining, or enhancement in employment skills.
When informing students about opportunities under this section, each public high school shall highlight opportunities in high–skilled careers that do not require completion of a college degree and are in high demand in the State.
Each county board shall assist public high schools in completing the requirements of this section.
This section applies only in Prince George’s County.
In this section the following words have the meanings indicated.
“Family child care provider” has the meaning stated in § 9.5–301 of this article.
“Program” means the Prince George’s County Family Child Care Home Expansion Grant Program.
There is a Prince George’s County Family Child Care Home Expansion Grant Program.
The purpose of the Program is to increase the number of registered family child care providers, registered family child care homes, and registered large family child care homes in low–income communities in Prince George’s County.
The Prince George’s County public school system shall administer the Program.
To carry out the Program, the local school system shall award grants to nonprofit organizations in the county to provide training and financial assistance to individuals intending to become family child care providers that operate family child care homes and large family child care homes in low–income communities.
To be eligible for a grant under this section, an applicant shall demonstrate in an application process developed by the local school system that the applicant:
Is a nonprofit organization with experience in providing child care support services to individuals, which includes offering training and technical assistance to become a registered family child care provider; and
Will provide child care support services to individuals who:
Intend on becoming registered family child care providers that will operate registered family child care homes or registered large family child care homes;
Live in a low–income community in the county, as determined by the local school system;
Have a gross household income that does not exceed 50% of the statewide median income for a household of like size; and
Own or rent as their primary residence the dwelling that will be used as the family child care home or large family child care home.
A grant awarded under this section may be used to offer services to individuals described under subsection (d)(2)(ii) of this section by:
Providing multilingual outreach and translation services to recruit and train individuals to become registered family child care providers;
Providing technical assistance and start–up assistance for recruited individuals as they navigate the Department’s process to become a registered family child care provider, which includes assistance in meeting building code requirements and inspection expenses to establish registered family child care homes and registered large family child care homes;
Assisting newly registered and established family child care providers through technical assistance to achieve quality benchmarks; and
Assisting individuals with obtaining background checks to become registered family child care providers.
In this section the following words have the meanings indicated.
“High school sports official” means an official, an umpire, a referee, or a judge who presides over a sporting event to guarantee that the rules of the event are enforced.
“High school sports officiating role” means an officiating assignment for a high school sports official that requires performance of a defined set of high school sports officiating services.
“High school sports officiating services” means the services provided by a high school sports official when overseeing a high school sport.
On or before September 1, 2025, the Department, in consultation with the Maryland Public Secondary Schools Athletic Association, shall develop a list of similar high school sports for boys and girls.
In categorizing boys’ and girls’ sports as similar, the Department shall consider whether each sport:
Occurs in the same season;
Has comparable rules;
Requires a similar number of high school sports officials;
Requires similar high school sports officiating services; and
Features competition of comparable lengths of time.
The Department, in consultation with the Maryland Public Secondary Schools Athletic Association, shall update the list every 3 years.
This subsection applies to a high school sports official who:
Is an employee of the local school system; or
Is employed by an independent contractor or officiating association or organization, with which the county board contracts.
A county board shall ensure that high school sports officials receive the same pay if the officials:
Are in similar high school sports officiating roles; and
Are providing officiating services for sports categorized as similar under subsection (b) of this section.
A county board shall reject a bid or proposal for a procurement contract that would result in different pay or fees for high school sports officials in a similar high school sports officiating role for sports categorized as similar under subsection (b) of this section.
When soliciting invitations for a bid or a request for a proposal for high school sports officiating services, a county board shall solicit bids or requests for a proposal for each sport within a reasonable time of the solicitation of bids or requests for proposals for all sports categorized as similar under subsection (b) of this section.
This section may only be construed to require parity between high school sports officials performing similar roles in similar sports within a county and may not be construed to require parity in high school sports officials between counties.
This section may not be construed to have any effect on the grouping of sports together for any purpose other than the payment of high school sports officials or fees assigned to contracts for high school sports officials.
This section may not be construed to prohibit fees outside of a procurement contract as a bonus to high school sports officials.
Each local school system shall:
Designate a local point of contact for all cybersecurity–related communications; and
Notify the State Chief Information Security Officer of:
The designation; and
Any subsequent update to the designation.
Beginning in 2027, each local school system shall:
Comply with the State minimum cybersecurity standards established by the Department of Information Technology; and
Conduct a cybersecurity maturity assessment every 2 years.
On or before June 30, 2027, and each June 30 every 2 years thereafter, each local school system shall certify to the Office of Security Management within the Department of Information Technology compliance with the State minimum cybersecurity standards established by the Department of Information Technology.
In this section, “response policy” means a sexual abuse and misconduct response policy.
The Department shall develop a model sexual abuse and misconduct response policy for use by local school systems to respond to school–related allegations of sexual abuse and sexual misconduct.
The model response policy developed under paragraph (1) of this subsection shall, at minimum, include the following components:
A communications plan;
An e–mail and other electronic communication documents retention policy;
A requirement to link to a centralized resource platform; and
An after–action review plan.
The model response policy may not impede or compromise the ability of a school, a school system, a law enforcement agency, or a prosecutor to conduct a thorough and unbiased investigation into an allegation of sexual abuse or sexual misconduct.
The components of the model response policy developed under subsection (b) of this section shall include the information required under this subsection and be developed in collaboration with State and local governmental entities, community stakeholders, and any other relevant entities determined by the Department.
The communications plan shall include best practices for providing timely, relevant, and appropriate information through notification and responses to parents of affected students and community stakeholders and local school system contact information.
The e–mail and other electronic communication documents retention policy shall include requirements for the retention and maintenance of a local school system’s e–mails and other electronic communication documents for a minimum of 1 year.
A centralized, statewide resource platform, developed in accordance with the model response policy, shall include information and provide links to resources regarding child sexual abuse and sexual misconduct in a school environment.
An after–action review plan, developed in accordance with the model response policy, shall require a local school system to conduct a structured, collaborative debriefing process to identify, assess, evaluate, and resolve any issue with any action taken by an entity involved in a school–related case of sexual abuse and sexual misconduct to improve future performance.
On or before September 1, 2027, each local school system shall adopt a response policy based on the model policy developed by the Department under subsection (b) of this section.
Each local school system shall post in a conspicuous place on its website a link to the centralized resource platform developed under subsection (c) of this section.
Each local school system’s response policy may not impede or compromise the ability of a school, the local school system, a law enforcement agency, or a prosecutor to conduct a thorough and unbiased investigation into an allegation of sexual abuse or sexual misconduct.
In this section, “public school system contract” means any agreement entered into by a public school system.
This section does not apply to collective bargaining agreements entered into under:
Title 6, Subtitles 4 and 5 of this article;
Title 9.5, Subtitle 7 of this article; or
Title 22 of the State Government Article.
Except as required by State or federal law, a public school system contract may not include a provision that:
Requires the public school system to indemnify, defend, or hold harmless another person without an appropriation of funds for that purpose;
Requires the public school system to agree to binding arbitration or any other binding extrajudicial dispute resolution process;
Names a jurisdiction or venue for any action or dispute against the public school system other than a court of proper jurisdiction in the State;
Requires the public school system to agree to limit the liability for any direct loss to the public school system for bodily injury, death, or damage to property of the public school system caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person’s employees or agents or a provision that would otherwise impose an indemnification obligation on the public school system;
Requires the public school system to be bound by a term or condition that:
Is unknown to the public school system at the time of signing a contract;
May be unilaterally changed by the other party; or
Is electronically accepted by a public school system employee without authority;
Restricts a public school system’s discretion to select the appropriate legal counsel to represent its interests;
Is inconsistent with the public school system’s obligations under Title 3 or Title 4 of the General Provisions Article;
Creates a deficiency, incurs a liability, or spends money in excess of the appropriation, or binds a public school system to pay an amount unless funds have been appropriated for that purpose;
Requires automatic renewal of the contract and obligates the public school system to allocate funding in subsequent fiscal years; or
Limits the public school system’s ability to recover a difference in the cost of a replacement contractor to perform the services not performed by the original contractor.
If a public school system contract contains a provision listed under subsection (c) of this section, the provision is void ab initio and the contract containing that provision shall be enforceable as if it did not contain the provision.
A public school system contract that contains a provision listed under subsection (c) of this section shall be governed by and construed in accordance with State law, notwithstanding any term or condition to the contrary in the contract.
This section applies only in Montgomery County.
In this section the following words have the meanings indicated.
“Certified Chesapeake invasive species provider” has the meaning stated in § 14–701 of the State Finance and Procurement Article.
“Certified local farm” has the meaning stated in § 14–701 of the State Finance and Procurement Article.
On or before September 1, 2027, the Montgomery County public school system shall:
Identify the dollar amounts of food procured for school meals in the 2026–2027 school year from certified local farms and certified Chesapeake invasive species providers; and
Publish that data on the school system’s website.
The Montgomery County public school system shall set target increases for the dollar amount of food procured from certified local farms and certified Chesapeake invasive species providers for the 2028–2029, 2030–2031, 2031–2032, 2033–2034, and 2036–2037 school years using the data identified under subsection (c) of this section as a baseline.
The school system, in coordination with the Office of Food Systems Resilience and public input, shall establish a plan to meet the target increases established under paragraph (1) of this subsection.