There is a Correctional Education Council under the jurisdiction of the Department of Public Safety and Correctional Services and the Department. The Council consists of 14 members. Four of the members of the Council shall be residents of this State appointed by the Governor for a term of 4 years who each shall serve until a successor is appointed and qualifies as follows: two representing the business community; a former offender; and one member of the general public. The following officials shall serve ex officio: the Secretary of Public Safety and Correctional Services; the Secretary of Labor; the State Superintendent of Schools, or the State Superintendent’s designee; the Secretary of Higher Education, or the Secretary’s designee; the Secretary of Commerce, or the Secretary’s designee; the president of a community college in the State, or the president’s designee; the Chair of the Governor’s Workforce Development Board, or the Chair’s designee; the Director of Education and Workforce Skills Training for Correctional Institutions, or the Director’s designee; an official from a local correctional facility, or the official’s designee; and the county superintendent of schools from a county where a correctional institution of the Division of Correction is located, who shall be selected by the State Superintendent, or the county superintendent’s designee. Each member of the Council: serves without compensation; but is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations. The Secretary of Public Safety and Correctional Services and the Secretary shall serve as cochairs of the Council. The Council: shall meet at least four times per year; shall designate the time and place of its meetings; and may adopt rules for the conduct of its meetings. The Council shall be within the Department for administrative and budgetary purposes. The Department shall provide technical and clerical assistance and support to the Council. Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Council by the Governor if the member did not attend at least two–thirds of the Council meetings held during any consecutive 12–month period while the member was serving on the Council. The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public. In accordance with § 8–501 of the State Government Article, the cochairs shall provide notice to the Governor and the Governor shall appoint a successor.

The Correctional Education Council shall develop and recommend an educational and workforce training program for each correctional institution in the Division of Correction. The programs shall meet the special needs and circumstances of the incarcerated individuals in each correctional institution. If the Justice Reinvestment Oversight Board makes a funding recommendation under § 9–3207(b)(6) of the State Government Article, a post–secondary education and workforce training program, in accordance with the funding recommendation, shall provide incarcerated individuals with the requisite training, certifications, and experience to obtain careers in in–demand job sectors. The Council shall adopt regulations for all correctional institutions in the Division of Correction for the implementation of a mandatory education program for all incarcerated individuals who fail to attain a minimum educational standard as set forth in this subsection. The regulations adopted by the Council shall: require that the educational standard shall be the attainment of a General Educational Development (GED) diploma or a verified high school diploma; apply only to any incarcerated individual who: was received by the Division of Correction after July 1, 1987; has 18 months or more remaining to be served before a mandatory supervision release date; is not exempted due to a medical, developmental, or learning disability; and does not possess a General Educational Development (GED) diploma or a verified high school diploma; and require any incarcerated individual who is not exempted under item (ii)3 of this paragraph to participate in: the mandatory education program for at least 240 calendar days; or a workforce skills training program. The Division of Correction shall report to the Parole Commission the academic progress of an incarcerated individual in the mandatory education program. The Council shall adopt regulations for all correctional institutions in the Division of Correction for the implementation of a mandatory workforce skills training program for all incarcerated individuals as provided in this subsection. The regulations shall apply only to an incarcerated individual who: has 18 months or more remaining to be served before a mandatory supervision release date; and is not exempted due to a medical, developmental, or learning disability. The Division of Correction shall report to the Parole Commission the academic progress of an incarcerated individual in the mandatory workforce skills training program. On or before October 30 of each year, the Council shall report its activities to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly. The Council shall actively advocate and promote the interests of educational programs and workforce skills training opportunities in correctional institutions. The Council shall seek to ensure that a quality education, equal educational opportunity, and workforce skills training are available to all incarcerated individuals at correctional institutions. The Council, on a regular basis, shall review the educational and workforce skills training programs at correctional institutions to ensure that the unique educational and training needs of the populations of the correctional institutions are being satisfactorily met. The Council shall include in its review: curriculum guides; courses of study; resource materials; textbooks; supplementary readers; materials of instruction; visual and auditory aids; supplies; teacher performance; and other teaching aids. Based on its review, the Council shall recommend and advocate improvements to the educational and workforce skills training programs at correctional institutions.

The Department is responsible for the provision of education and workforce skills training programs in the adult correctional institutions in the State. The Secretary shall appoint a Director of Education and Workforce Skills Training for Correctional Institutions. The Director shall receive the salary provided in the budget of the Department. The Director shall: implement and operate the educational and workforce skills training programs developed by the Council in the correctional institutions; meet with and advise the Council about the programs; consult with the Commissioner of Correction and the warden of each institution about the operation of the programs; and set qualification standards for teachers in workforce skills training programs who are employed by the Department that are similar to the standards for teachers providing CTE instruction in accordance with § 7–205.1 of the Education Article. Notwithstanding any other provisions of law, each teacher in an educational and workforce skills training program who is employed by the Department is in the professional service in the State Personnel Management System.

In this subtitle, “federal acts” means the Acts of Congress that authorize funding for education, library services, and workforce development training for incarcerated individuals in adult correctional facilities, and any amendments to those acts.

The State of Maryland assents to the federal acts. The State Treasurer shall: be the custodian of any money received under the federal acts; and disburse this money in accordance with the federal acts. The Maryland Department of Labor and the State Board of Education, as appropriate, shall: cooperate with the appropriate federal agencies in administering the federal acts; do anything necessary to secure the benefits of the federal acts; facilitate the transfer of funds to the appropriate operational agency; and represent this State in all matters relating to the administration of the federal acts.

Notwithstanding any other provision of law, Patuxent Institution is a correctional institution within the Division of Correction and under the jurisdiction of the Correctional Education Council for the funding of educational and workforce skills training programs only. Funds for the operation of the educational and workforce skills training programs in correctional institutions shall be provided in the budget of the Department. The Department of Public Safety and Correctional Services and other State agencies may contribute to the programs identified under subsection (b) of this section. Funds appropriated for educational and workforce skills training programs in correctional institutions may not be diverted by budget amendment or otherwise to any other purpose.

This subtitle does not affect the provisions of law relating to the powers, duties, and authority of the State Board of Education, the State Superintendent of Schools, the Maryland Higher Education Commission, or the Secretary of Higher Education.