In this subtitle the following words have the meanings indicated. “Board” means the Juvenile Services Education Board. “Residential facility” means any facility listed in § 9–226 of this title. “Superintendent” means the Juvenile Services Education Program Superintendent.

There is a Juvenile Services Education Board within the Department. Subject to the provisions of this section, the Board is an independent unit within the Department. The Board shall be included as a unit within the Department for purposes of the Department’s annual operating budget. The programs overseen by the Board shall be included in the Board’s budget. Subject to paragraph (2) of this subsection, the following support services for the Board shall be provided by existing units in the Department and the cost of any necessary support provided to the Board should be included in the budgets of those units: information and technology services; procurement services; fiscal services; capital planning and capital budgeting; human resources; facility and office maintenance; research and program evaluation; and investigations and monitoring. The Superintendent shall have exclusive control of the day–to–day operation of juvenile education services. Decisions on the provision of education, including decisions to hire, fire, and assign staff, shall be made exclusively by the Board or the Superintendent, subject to appropriations in the State budget, and the Department has no power to deny or modify an education decision made by the Board or the Superintendent. The Board and the Department shall, in accordance with this section, jointly negotiate a memorandum of understanding carefully delineating the duties of each in the provision of juvenile education services.

The Board consists of the following members: the Secretary; the Secretary of Higher Education, or the Secretary’s designee; the State Superintendent of Schools, or the State Superintendent’s designee; a representative of the Public School Superintendents’ Association of Maryland, appointed by the Governor with the advice and consent of the Senate; the Attorney General of the State, or the Attorney General’s designee; one educator employed by the State who is engaged in the education of juveniles residing in a residential facility; and five members appointed by the Governor with the advice and consent of the Senate. The candidate who receives the highest number of votes in an election by the educators employed by the Department shall be the educator member. The term of the educator member is 4 years. At the end of a term, the educator member continues to serve until a successor is elected and qualifies. The Department shall adopt regulations to conduct the election of the educator member. The educator member may not vote on any matter that relates to appeals to the State Board of Education under § 6–202 of the Education Article. To the extent practicable, the appointed members of the Board shall reflect the diversity of the population of juveniles in the State. The appointed members of the Board shall possess a high level of knowledge and expertise in at least one of the following areas: teaching or educational administration; prior service on the State Board of Education or a county board of education; social work; services for individuals with disabilities; working with institutionalized youth; mental or behavioral health services; civil rights law or advocacy; digital learning or online administration; or higher education administration. The term of an appointed member is 4 years. The terms of appointed members are staggered as required by the terms provided for members of the Board on June 1, 2025. At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. An appointed member who is appointed after a term begins serves only for the remainder of the term and until a successor is appointed and qualifies. Subject to paragraph (6) of this subsection, an appointed member is eligible for reappointment but may not serve more than two consecutive terms. A member appointed after a term begins is eligible for reappointment to two consecutive full terms. To the extent practicable, the Governor shall fill any vacancy for an appointed member on the Board within 60 days of the vacancy. The Governor may remove an appointed member only for cause. The Board shall elect from among its members a chair and a vice chair. Any action by the Board shall require: a quorum of a majority of the voting members then serving; and the affirmative vote of a majority of the voting members then serving. Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Department shall staff the Board.

Beginning July 1, 2022, the Board shall oversee and approve all educational services to all juveniles who are in a residential facility. The Board shall: develop, recommend, and approve for every residential facility an educational training program that: meets the special needs and circumstances of the juveniles in the residential facility; and is accredited by an approved accrediting agency; in consultation with the Juvenile Justice Monitoring Unit and the Department, develop minimum standards and a reporting structure to measure educational outcomes and assess implementation of the Juvenile Services Education Program; review a quality assurance report developed by the Department each quarter; and conduct a performance review of the Superintendent at least once every 4 years. The Board shall approve postsecondary education programs, including vocational and online programs, that meet the needs of the juveniles in a residential facility. The Department may adopt regulations to carry out the requirements of this section.

The Board shall meet publicly in the State at least 10 times per year and, except as provided in paragraph (2) of this subsection, not more than once per month at the times determined by: a majority of the members then serving; the chair of the Board; or the Secretary. A special meeting of the Board that does not count toward the monthly limit may be called by: a majority of the members then serving; the chair of the Board; or the Secretary. A majority of the members then serving constitutes a quorum. The Board shall: maintain minutes of its meetings and any other records that it considers necessary; on request, provide information regarding its budget, activities, and programs; and allow time for public comment at each of its meetings.

The Board shall appoint a Juvenile Services Education Program Superintendent. The Superintendent shall: implement and administer the educational programs approved by the Board; oversee the education of every juvenile in a residential facility; meet with and advise the Board about educational programs and outcomes for juveniles; select, organize, and direct the staff of the Juvenile Services Education Program; ensure that the policies and decisions of the Board are carried out; coordinate with the Department to ensure that the operation of juvenile educational services are integrated with the noneducational operations of the Department; and perform any other duties assigned by the Board. The Superintendent: is entitled to the salary provided in the State budget; and serves at the pleasure of the Board. The Superintendent: must be an experienced and competent educator; must be a graduate of an accredited college or university; must have at least 2 years of special academic and professional graduate preparation in an accredited college or university; must have at least 7 years of experience in teaching and administration; and may not be a current member of the Board or have been a member of the Board at any time during the year immediately preceding the appointment. The Superintendent may hire additional staff, as provided in the State budget, to provide and administer educational services within the Department.