In this subtitle the following words have the meanings indicated.
“Board” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.
“Bonds” means revenue bonds, refunding bonds, certificates, notes, demand notes, commercial paper, other evidence of indebtedness, and, where applicable, bond anticipation notes.
“Chief Executive Officer” means the Chief Executive Officer of the Baltimore City Board of School Commissioners.
“Costs” as applied to any project means all costs of the project, including:
The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, and renovation;
The cost of acquisition of all land, rights–of–way, property rights, easements, and interests acquired by the board;
Finance charges and interest prior to and during construction and for 1 year after completion of construction;
The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project;
Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and
Administrative expenses and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation.
“Project” means the acquisition, construction, reconstruction, equipping, maintenance, repair, or renovation of any public school facility.
“Public school facility” means a building, parking facility, athletic facility, testing facility, or other facility in the City of Baltimore, now existing or hereafter acquired or constructed, that is used by the board in relation to the education of students in the Baltimore City Public School System.
Subject to the applicable provisions of this article, the Mayor and City Council of Baltimore City shall establish and maintain a system of free public schools in Baltimore City.
In order to establish a new partnership between the City of Baltimore and the State to improve the quality of public education in Baltimore City and to encourage more efficient use of the resources of the State and Baltimore City, the Baltimore City Board of School Commissioners is established in accordance with the provisions of this subtitle.
The purpose of the board is to:
Raise the level of academic achievement of the students in the Baltimore City Public School System; and
Improve the management and administration of the public school system in Baltimore City.
The board shall be held accountable for the academic achievement of the public school students in Baltimore City.
The board shall have the authority and be responsible for all functions relating to the Baltimore City Public School System.
Notwithstanding any provision of local law governing the Baltimore City Public School System, the board may adopt rules and regulations and prescribe policies and procedures for the management, maintenance, operation, and control of the Baltimore City Public School System.
The board shall assume responsibility for all of the functions formerly performed by the Superintendent of Public Instruction of Baltimore City and the Board of School Commissioners of Baltimore City.
The board may not be deemed an agency of the State.
There is a Chief Executive Officer of the board.
The Chief Executive Officer shall:
Be responsible for the overall administration of the Baltimore City Public School System;
Report directly to the board;
Be a member of the cabinet of the Mayor; and
Designate individuals with primary responsibility for each of the following functions:
Management and administration of the Baltimore City Public School System;
Assessment and accountability of the academic performance of the students in the Baltimore City Public School System;
Provision of services to students with disabilities in accordance with federal and State law;
Development and implementation of initiatives for educational reform; and
Professional hiring and development.
Notwithstanding the provisions of subsection (b)(4) of this section, the Chief Executive Officer and the board shall be held accountable for the delegated functions.
The board shall employ the Chief Executive Officer and establish the salary of the Chief Executive Officer at an amount commensurate with the credentials, experience, and prior positions of responsibility of the Chief Executive Officer.
The employment contract of the Chief Executive Officer shall provide, at a minimum, that continued employment is contingent on demonstrable improvement in the academic performance of the students in the Baltimore City Public School System and the successful management of the Baltimore City public schools.
The initial contract and any renewal may not exceed 4 years.
There is a Chief Academic Officer in the Baltimore City Public School System who shall:
Be responsible for the development and implementation of the curriculum taught and the instruction provided in the Baltimore City Public School System; and
Report directly to the Chief Executive Officer.
The Chief Executive Officer shall, subject to the approval of the board:
Select the Chief Academic Officer; and
Establish the salary of the Chief Academic Officer.
The employment contract of the Chief Academic Officer shall provide, at a minimum, that continued employment is contingent on demonstrable improvement in the academic performance of the students in the Baltimore City Public School System.
The Chief Academic Officer is not a public officer under the Constitution or the laws of the State.
There is a Chief Financial Officer in the Baltimore City Public School System who shall:
Be responsible for the day–to–day management and oversight of the fiscal affairs of the Baltimore City Public School System; and
Report directly to the Chief Executive Officer.
The Chief Executive Officer shall, subject to the approval of the board:
Select the Chief Financial Officer; and
Establish the salary of the Chief Financial Officer.
The employment contract of the Chief Financial Officer shall provide that continued employment is contingent on the effective fiscal management of the Baltimore City public schools.
The Chief Financial Officer is not a public officer under the Constitution or the laws of the State.
In order to provide public school facilities, the board may:
Directly or through the Maryland Stadium Authority acting as its designated agent, acquire, construct, reconstruct, equip, maintain, repair, or renovate facilities at any location in the City of Baltimore, now existing or hereafter acquired and enter into contracts with public or private entities in order to accomplish the acquisition, construction, reconstruction, equipping, maintenance, repair, or renovation;
Issue bonds in accordance with § 4–306.2 of this subtitle;
In accordance with State law and the June 24, 1998, memorandum of understanding between the board and the Mayor and City Council of Baltimore, acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this subtitle;
Enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this subtitle, employ consulting engineers, architects, attorneys, construction and financial experts, and other employees and agents, and determine their compensation;
Receive and accept from the United States of America or any agency of the federal government grants and loans for the purpose of financing or refinancing all or any part of the costs of any project;
Receive and accept aid or contributions from any sources of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which the grants and contributions were made; and
Perform all acts and things necessary to carry out the powers expressly granted by the provisions of this subtitle.
The board shall maintain records identifying the sources and amounts of payments used to support the costs of any project authorized under the provisions of this subtitle.
The board may issue bonds for the purpose of financing or refinancing all or any part of the costs of any project.
Except as provided in paragraph (2) of this subsection, the aggregate principal amount of bonds outstanding, including the amount of any reserve fund requirement established for the bonds, may not exceed, as of the date that the bonds are issued, $200,000,000.
The aggregate principal amount of bonds outstanding does not include:
Qualified School Construction Bonds as defined in § 54F of the Internal Revenue Code; or
Any bonds issued by or contracts entered into in connection with bonds issued by any other person or entity, including the Maryland Stadium Authority to finance construction or renovation of public schools.
Bonds shall be authorized by a resolution of the board and may be secured by a trust agreement by and between the board and a corporate trustee or trustees which may be any trust company or bank having the powers of a trust company within or outside the State.
Before the board may issue a bond under this section, the Mayor and City Council of Baltimore shall pass a resolution approving the board’s issuance of the bond and shall forward that resolution to the board.
The resolution of the board authorizing the bonds:
Shall describe the projects which are to be financed or refinanced by the bond;
Shall state the maximum principal amount of the bond;
Shall describe the sources of payment of the bonds;
Shall provide that the proceeds of the bonds shall be invested in accordance with any investment policy approved by the board; and
May provide that the bonds are redeemable before maturity at a price or prices and under terms and conditions or in accordance with a method determined by the board.
The resolution of the board or the trust agreement relating to the bonds may contain provisions that:
Limit the purpose to which the proceeds of any issue of bonds may be applied and restrict the investment of revenues or bond proceeds in government obligations for which principal and interest are unconditionally guaranteed by the United States of America;
Provide for the issuance of additional bonds to finance or refinance any projects, which may not exceed the total value of the outstanding bonds allowed under subsection (b) of this section;
Assign all or any part of the board’s funds or assets;
Protect and enforce the rights and remedies of the bondholders that are reasonable and proper and not in violation of the law, including covenants that shall include:
The duties of the board in relation to the project;
The duties of the board in relation to its funds;
The custody, safeguarding, and application of all money; and
The rights and remedies of bondholders and trustees, and may restrict the individual right of action by bondholders; and
The board deems reasonable and proper for the security of the bondholders, including covenants pertaining to the issuance of additional parity bonds upon stated conditions.
The bonds shall:
Be dated and bear interest at the fixed or variable rate or rates determined by the method provided in the resolution of the board authorizing the issuance of the bonds;
Mature at a time or times not exceeding the useful life of the projects for which the bonds are issued, but in no event shall the maturity of the bonds exceed 30 years from their date or dates of issue, as may be determined by the board;
Be issued at, above, or below par value, for cash or other valuable consideration;
Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution of the board may provide;
Bear the manual or facsimile signature of the Chief Executive Officer or one of the other members of the board. In case any officer whose manual or facsimile signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile of the former officer is valid and sufficient for all purposes as if the officer had remained in office until delivery;
Bear the official seal of the board or a facsimile of the seal affixed to the bonds and attested by the manual or facsimile signature of the secretary of the board;
Be payable in lawful money of the United States of America at a designated place;
Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution of the board provides; and
Be sold in the manner and upon the terms determined by the board including private or negotiated sale.
All bonds issued under the provisions of this subtitle shall have all the qualities and incidents of negotiable instruments under the laws of the State relating to negotiable instruments.
Prior to the preparation of definitive bonds, the board, under like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds are executed and available for delivery.
Bonds may be issued under the provisions of this subtitle:
Without obtaining the consent of any department, division, commission, board, bureau, or agency of the State; or
Without any other proceedings or the occurrence of any other conditions other than those proceedings or conditions that are required specifically by provisions of this subtitle.
The provisions of Title 8, Subtitle 2 of the State Finance and Procurement Article do not apply to bonds issued under the provisions of this subtitle.
The board shall establish one or more trust funds for the deposit of the proceeds of the bonds of any issue.
The board may:
Maintain separate accounts for purposes of identifying the sources of payment of the bonds for the acquisition, development, or improvement of public school facilities; and
Retain the interest revenue or other investment income from the bonds of any issue for the purposes of applying the revenue or income to the costs of acquiring, constructing, reconstructing, renovating, equipping, maintaining, or repairing school facilities.
Any bond issued under this subtitle shall state on its face that the bond does not create or constitute any indebtedness or obligation of the State, of the Mayor and City Council of Baltimore, or of any other political subdivision of the State, except the Baltimore City Board of School Commissioners.
The bonds do not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
The bonds of any issue shall be payable from and secured solely by:
All or any part of the fees or revenues generated by an activity of the board to the extent lawfully available for such purpose;
The proceeds of the bonds and investment earnings thereon;
Any grant or gift received by the board to the extent lawfully available for such purpose;
Reserves or other funds established for the bonds under the resolution or trust agreement;
Any money which may lawfully be applied to the payment of the bonds, including without limitation any appropriation by the State or Baltimore City made lawfully available for such purpose; or
Any source of funds to which the board has access to the extent lawfully available for such purpose.
Prior to and during construction and for 1 year after completion of construction of any public school facility for which bonds have been issued, the interest on the bonds may be paid out of the proceeds of the bonds or out of other money allocated for that purpose.
The board may provide, from time to time, for the issuance and sale of bond anticipation notes in accordance with the procedures set forth in Title 19, Subtitle 2, Part III of the Local Government Article for the issuance of bonds.
Except where the provisions of this subtitle would be inapplicable to bond anticipation notes, the term “bonds” used in this subtitle shall include bond anticipation notes, including the provisions pertaining to the exemption from taxation by the State and its political subdivisions.
In connection with the issuance of any bonds, the board may:
Obtain or enter into agreements and contracts for bond insurance, reserve fund insurance, a letter of credit, a line of credit, or any form of additional, substitute, or replacement security for any bonds; and
Pledge or assign all or any part of the funds of the board to the repayment or reimbursement of the provider of the bond insurance, reserve fund insurance, letter of credit, line of credit, or other form of additional, substitute, or replacement security.
Any of the agreements and contracts may contain the covenants, terms, and conditions as may be contained in any trust agreement for any bonds.
Any bank or trust company incorporated under the laws of the State that acts as a depository of the proceeds of the bonds may furnish indemnifying bonds or pledge securities as required by the board.
The resolution providing for the issuance of bonds is a trust agreement if it so stipulates.
All expenses incurred in carrying out the provisions of any trust agreement or any resolution may be treated as a part of the cost of the operations of the board.
Upon the issuance of bonds, the State Comptroller shall withhold from any installment due the board from the general State school fund money for deposit to the credit of a sinking fund maintained to pay the principal and interest on the bonds. Such money shall be withheld until the bonds are no longer outstanding and unpaid and shall be withheld in installments. The amount of each installment shall be determined at the time the bonds are issued and shall be provided in writing by the board to the State Comptroller, provided that the frequency and amount of such installments shall allow for the timely payment of the principal and interest on the bonds.
The exercise of the powers granted by the provisions of this subtitle shall be for the benefit of the students who attend the public schools under the board and for the improvement of their education, prosperity, health, living conditions, and general welfare.
The board shall not be required to pay any taxes or assessments of any kind whatsoever and its bonds, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by the State or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
The bonds are investment securities.
The title to any property acquired or constructed under the provisions of this subtitle shall be held in accordance with State law.
The provisions of this subtitle, being necessary for the welfare of the City of Baltimore and its inhabitants, shall be liberally construed to effect the purposes of the provisions.
The provisions of this subtitle are severable, and if any of the provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court may not affect or impair any of the remaining provisions.
There is a Research and Evaluation Unit in the Baltimore City Public School System.
Subject to the approval of the board, the Chief Executive Officer shall appoint the Director of the Unit.
The Director of the Unit shall report directly to the Chief Executive Officer and shall be held accountable for the effective and efficient management of the Unit.
The Director of the Unit is not a public officer under the Constitution or the laws of the State.
The Unit shall perform ongoing research and evaluation regarding systemic reform and student achievement.
There is a Parent and Community Advisory Board in the Baltimore City Public School System.
The Advisory Board consists of 14 members, a majority of whom shall be parents of students enrolled in the Baltimore City public schools.
The plaintiffs (parents of students with disabilities) in Vaughn G., et al v. Mayor and City Council, et al case no. MJG–84–1911, United States District Court for the District of Maryland shall appoint three members of the Advisory Board.
The plaintiffs (parents of students in general education) in Bradford, et al v. Maryland State Board of Education, et al, case no. 94340058/CE189672, Circuit Court for Baltimore City shall appoint two members of the Advisory Board.
Subject to the approval of the board, the Chief Executive Officer shall appoint seven members of the Advisory Board as follows:
Three shall be appointed from a list submitted by the Baltimore City Council of Parent–Teacher Associations;
Two shall be appointed from a list submitted by area–based parent networks; and
Two shall be appointed from a list submitted by the Title I liaisons.
The Chief Executive Officer shall appoint two members of the Advisory Board from other parent and community groups in Baltimore City.
If one of the groups specified in paragraph (3)(iii) of this subsection fails to submit a list with a sufficient number of nominees to fill a position, the board shall appoint an individual from other parent and community groups in Baltimore City.
The board and the Chief Executive Officer shall:
Regularly consult with the Advisory Board;
Ensure parental involvement in the development and implementation of the education policies and procedures in the Baltimore City Public School System; and
Ensure increased community involvement and outreach in support of the public schools in the city.
The Chief Executive Officer shall meet with the Parent and Community Advisory Board on at least a quarterly basis.
Each member serves for a term of 2 years.
A member may not serve for more than two consecutive terms.
A member whose term has expired shall remain in office until a successor is appointed.
Notwithstanding any provision of local law, the board shall adopt rules and regulations governing the procurement of goods and services by the Baltimore City Public School System in accordance with § 5–112 of this article.
The board shall adopt the Minority Business Enterprise and Women Business Enterprise goals of Baltimore City relating to procurement.
Notwithstanding any provision of local law, the board shall establish a personnel system governing certificated and noncertificated employees, including a performance–based system–wide personnel evaluation system for teachers, principals, and administrators.
To carry out the requirements of this section, the board may:
Establish and abolish positions;
Determine employee qualifications;
Establish terms of employment, including compensation, benefits, holiday schedules, and leave policies; and
Determine any other matters concerning employees.
The personnel system shall provide fair and equitable procedures for:
The redress of employee grievances; and
The hiring, promotion, and termination of employees in accordance with law.
The board shall enter into collective bargaining agreements with the appropriate employee organizations as provided under Title 6, Subtitles 4 and 5 of this article.
The geographical boundary of the Baltimore City School System is the same as the geographical boundary of Baltimore City.
The Mayor and City Council of Baltimore City may levy and collect taxes on the assessable property in Baltimore City necessary to pay all the expenses they incur for educational purposes.
These taxes shall be levied and collected as are other taxes.
The Mayor and City Council of Baltimore City may adopt ordinances:
For the protection of public school buildings and other school property; and
To punish any person who disturbs the sessions of the public schools.
Notwithstanding any provision of local law and subject to the applicable provisions of this article, the Baltimore City Board of School Commissioners may:
Examine, appoint, and remove teachers;
Set teacher qualifications;
Set teacher salaries; and
Select textbooks for the public schools in Baltimore City, except that the textbooks may not contain anything of a sectarian or partisan character.
The Baltimore City Board of School Commissioners shall report annually to the State Board on the condition of the schools under its jurisdiction.
The report shall include a statement of:
Expenditures;
The number of children taught; and
Any other statistical information the State Board requires.
After a study has been completed to determine whether to close a public school in Baltimore City, the Chief Executive Officer shall inform the Mayor of Baltimore City and the members of the General Assembly who represent Baltimore City regarding the completed study at the same time that the study is submitted to the Baltimore City Board of School Commissioners.
In this section, “Baltimore City school police officer” means any person who, when acting in an official capacity, is authorized by law to make arrests and who is a member of the Baltimore City School Police Force.
There is a Baltimore City School Police Force.
The members of the Baltimore City School Police Force shall be employees of and be appointed by the Baltimore City Board of School Commissioners.
Except as provided in paragraph (3) of this subsection, a Baltimore City school police officer has all the powers of a law enforcement officer in the State.
A Baltimore City school police officer may act in an official capacity only on the premises of schools and any other property used for educational purposes owned, leased, or operated by, or under the control of the Baltimore City Board of School Commissioners.
A Baltimore City school police officer may not act in an official capacity on any other property unless:
Engaged in fresh pursuit of a suspected offender;
Requested or authorized to do so by the Police Commissioner of Baltimore City;
The exercise of power is necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Baltimore City School System; or
Ordered to do so by the Mayor of Baltimore City.
Notwithstanding any other provision of law, a Baltimore City school police officer whose permanent or temporary assignment is at a school or on school property may carry a firearm on the premises of the school to which the officer is assigned before or after regular school hours on school days and on days other than school days.
The Baltimore City Board of School Commissioners shall establish policies to implement the provisions of subparagraph (i) of this paragraph.
In consultation with the Maryland Police Training and Standards Commission, the Civil Service Commission of Baltimore City shall adopt:
Requirements for education, training, human and public relations skills, and moral character that an applicant must meet to qualify for employment as a Baltimore City school police officer; and
Standards for the performance of duties.
Any requirements adopted by the Civil Service Commission on or after July 1, 1991, may not affect the status of any individual who is a qualified Baltimore City school police officer on that date.
The Baltimore City Board of School Commissioners shall adopt regulations governing the:
Operation of the Baltimore City School Police Force; and
Conduct of each Baltimore City school police officer.
This section does not:
Make a Baltimore City school police officer a member of the Baltimore City Police Department; or
Affect the salary, benefits, or retirement program of an employee of Baltimore City or the Baltimore City Board of School Commissioners.
Beginning July 1, 2017, and every 2 years thereafter, the Baltimore City School Police Force shall submit a report to the members of the Baltimore City Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
The condition of vehicles and firearms of the Baltimore City School Police Force; and
The anticipated needs of the Baltimore City School Police Force for vehicles and firearms for the following 2 years.
In this section the following words have the meanings indicated.
“Baltimore City School System” means the system of free public schools in Baltimore City.
“Center” means the Baltimore City Alternative Learning Center.
There is a Baltimore City Alternative Learning Center in the Baltimore City School System.
The Chief Executive Officer of the Baltimore City Board of School Commissioners shall appoint a Director of the Center.
The Director may employ a staff or retain consultants, including psychologists, social workers, guidance counselors, and teachers.
Except as otherwise provided in §§ 7–305(g) and 7–305.1 of this article, a student in the Baltimore City School System may be transferred to the Center if the student:
Assaults a teacher, teacher’s aide, student teacher, other professional or paraprofessional school employee, or other student;
Carries a gun, rifle, knife, or other deadly weapon onto school property; or
Commits any other act that would be a crime if committed by an adult.
The Director shall review recommendations for admission of students to the Center and admit or deny admission for each student based on an assessment of the student’s amenability to the services, programs, and treatment available in the Center.
Subject to paragraph (2) of this subsection, a student who is admitted to the Center shall attend classes at the Center until the Director orders the student to be transferred to another school in the Baltimore City School System.
A student may not attend the Center for more than 1 calendar year.
The Director shall develop and provide the following programs within the Center:
Elementary and secondary education programs;
Special education programs that meet the social and emotional needs of the students at the Center and that require the participation of the parents or guardians of the students; and
Vocational and rehabilitative training programs.
The Chief Executive Officer shall report annually to the members of the Baltimore City Delegation to the General Assembly on the progress of the students in the Center.
On or before January 1, 2018, the board shall develop and implement a scoring system for evaluating projects that serve the long–range plans of the Baltimore City Public School System.
On or before January 1, 2020, the board shall:
Apply the scoring system developed under subsection (a) of this section to projects for 75% of the public school facilities that are:
Operated by the Baltimore City Public School System; and
Utilized by students;
Publish the project scores on the Baltimore City Public School System’s website; and
Report the project scores to the members of the Baltimore City Delegation to the General Assembly in accordance with § 2–1257 of the State Government Article.
On or before January 1, 2021, the board shall:
Apply the scoring system developed under subsection (a) of this section to projects for the remaining 25% of public school facilities described under subsection (b) of this section;
Publish the project scores on the Baltimore City Public School System’s website; and
Report the project scores to the members of the Baltimore City Delegation to the General Assembly in accordance with § 2–1257 of the State Government Article.
On or before January 1, 2021, and every 4 years thereafter, the board shall:
Update the evaluation of projects for each public school facility using the scoring system developed under subsection (a) of this section;
Publish the updated project scores on the Baltimore City Public School System’s website; and
Report the updated project scores to the members of the Baltimore City Delegation to the General Assembly in accordance with § 2–1257 of the State Government Article.