In this subtitle the following words have the meanings indicated. “At-risk youth” means an individual who meets at least two of the eligibility criteria determined by the Department and an operator that may include: Being eligible for free or reduced price meals; A record of suspensions, office referrals, or chronic truancy; A failure to achieve a proficient or advanced level on State assessments in reading or mathematics, or both; Having a disability; A referral from a teacher, counselor, social worker, or community-based service organization; The head of household is a single parent; The head of household is not a custodial parent; The adjusted gross family income is below the federally established poverty guidelines; The family receives temporary cash assistance under the State Family Investment Program; or A member of the family has been incarcerated. “Board” means the Board of Trustees of Residential Boarding Education Programs. “Operator” means a private nonprofit or public entity that develops and operates a program. “Program” means a residential boarding education program that includes: A remedial curriculum for middle school grades; A college-preparatory curriculum for high school grades; Extracurricular activities such as athletics and cultural events; College admissions counseling; Health and mental health services; Tutoring; Community service opportunities; and A residential student life program.

A residential boarding education program for at-risk youth shall be operated under the supervision of the Department.

A student shall be eligible to participate in a program if the student is: A disadvantaged child as defined in § 8–101 of this title; An at–risk youth; A resident of the State; and Except as provided in subsection (b) of this section, enrolled in grade 5 or grade 6. Notwithstanding subsection (a)(4) of this section, a student enrolled in grade 7 or higher shall be eligible to participate in a program if: The student is otherwise eligible under subsection (a) of this section; and An operator files an appropriate plan under § 8–704.1 of this subtitle.

The Department may contract with an operator to provide at-risk youth in the State with the opportunity to participate in a program. The operator shall meet the qualifications established by the Department including: Previous experience with a comparable program; Measured success with a comparable program; and The capacity to finance and secure private funds for the development of a campus for the program. The operator shall adopt written standards for the admission and dismissal of students. The standards and any amendments shall be submitted to the State Board for approval. The State Board may require modifications to the standards as it considers necessary. The operator shall submit its charter and bylaws to the State Board for approval. The operator shall conduct an outreach program for each local education agency in the State to: Provide information to the local education agency about the program; and Encourage student recruitment and participation from each county in the State.

The Department may contract with an operator who meets the requirements of § 8–704 of this subtitle to provide at–risk youth in the State enrolled in grade 7 or higher with the opportunity to participate in a program. The program under this section may be a part of the program under § 8–704 of this subtitle. The operator shall submit a plan to the Department to enroll students in grade 7 or higher that includes: All grade levels from which students shall be enrolled; The time frame during which enrollment shall occur; The circumstances under which an operator shall enroll students; The process by which students shall be selected; If applicable, a description of how students shall be integrated into an existing educational curriculum and residential student life; and Any other information requested by the Department. The Department shall review and approve the plan if it is consistent with the educational purposes of this subtitle.

The Board shall govern a program. The Board consists of 25 members. Of the 25 members: 5 shall be appointed by the Governor, with the advice of the State Superintendent and the advice and consent of the Senate; and 20 shall be selected in accordance with the charter and bylaws of the program. The term of a member is 3 years. The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2006. At the end of a term, a member continues to serve until a successor is appointed or selected and qualifies. A member may not serve for more than 3 consecutive full terms. A vacancy shall be filled in the same manner in which the vacating member was appointed or selected. The Board shall determine its officers.

A program shall be subject to: The same accountability mandates of the federal No Child Left Behind Act as other public schools in the State; and The requirements of 20 U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

Teachers and any other professional personnel at the program shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in the county in which the school is located.

The Board shall submit to the Department on or before July 1 of each year: The name of each student who participated in the program during the preceding year; The name of each student projected to participate in the program during the upcoming year; The county in which each student who participated in the program during the preceding year was domiciled; The county in which each student projected to participate in the program during the upcoming year is domiciled; The total number of students that participated in the program during the preceding year; The total number of students projected to participate in the program during the upcoming year; The actual operation budget for the preceding year; and The projected operating budget for the upcoming year. The Department shall report: On or before April 1 and October 1 of each year, to each county board regarding: The number of students who are participating in the program from the county; and The name of each student from the county who is being charged to the county; and On or before December 1 of each year, to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly regarding: The information provided under subsection (a) of this section; and Whether the funds appropriated under § 8-710 of this subtitle should be increased or decreased.

In this section the following words have the meanings indicated. “Cost per pupil” means the amount of money spent by a county board for the operating expenses of public education in the county from county and State sources divided by the full-time equivalent enrollment of the county as defined in § 5-202(a) of this article. “State sources” means funds provided to a county board in accordance with §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article. Students participating in a program shall be included in the enrollment of the county in which the student is domiciled for the purposes of calculating State aid under §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article. To support the cost of instructional programming for a program, each county board shall pay to the Department an amount equal to 85% of the cost per pupil for each student who participates in a program but is domiciled in the county. Each county governing body shall include a student participating in a program in the full-time equivalent enrollment used for calculating the required local funds appropriated under § 5-202(d) of this article. The Department shall disburse the funds received in accordance with this section to the program.

In this section the following words have the meanings indicated. “Change in the per pupil amount” means: For fiscal year 2026, 4.97%; For fiscal year 2027, 5.48%; For fiscal year 2028, 4.17%; For fiscal year 2029, 4.20%; For fiscal year 2030, 4.17%; For fiscal year 2031, 3.98%; For fiscal year 2032, 3.99%; For fiscal year 2033, 3.93%; and For subsequent fiscal years, the change in the per pupil foundation amount from the prior fiscal year to the current fiscal year divided by the per pupil foundation amount from the prior fiscal year. “Per pupil allocation” means the per pupil figure calculated each fiscal year under subsection (c) of this section to cover the transportation, boarding, and administrative costs of a program. “Per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article. In addition to the funds disbursed in accordance with § 8–709 of this subtitle, the Governor shall include in the annual budget bill an appropriation of funds to the Department in accordance with this section to cover the transportation, boarding, and administrative costs of a program. Subject to paragraph (4) of this subsection, for fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to the Department in order for a program to serve up to 80 students. For each additional 10 students enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional $250,000. For fiscal year 2014 and each fiscal year thereafter, for each student enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional amount that is at least equal to the prior year per pupil amount multiplied by the change in the per pupil amount plus one. The total amount of funds included in the annual budget bill under this subsection may not exceed an amount adequate to fund the per pupil allocation for 400 students for any fiscal year. This section may not be construed to prohibit a program from receiving funds from private, federal, or other sources.