Chapter 01. Local Boards of Education
Regulation .01 Rules for Meetings.LinkCopy Citation
The rules generally adopted by deliberative bodies for their government shall be observed by the local board of education. A motion or resolution may not be declared adopted without the concurrence of a majority of the whole board; namely: three members when the board consists of five, four members when the board consists of six or seven, and five members when the board consists of eight or nine.
Regulation .02 Records and Reports.LinkCopy Citation
A.
Minutes. The local superintendent shall keep accurate minutes of the proceedings of each meeting of the local board of education and, after the minutes have been duly approved at the first subsequent meeting, shall record the proceedings. This record shall be a public record.
B.
Record of Hearings.
(1)
An accurate record of all hearings, disputes, or controversies shall be kept by the local superintendent in order that, if an appeal is taken, the record shall be submitted.
(2)
Unless waived by all the parties, a stenographic record of that part of the proceedings which involves the presentation of evidence shall be made at the expense of the local board of education. The record need not be transcribed, however, unless requested by a party to the controversy, by the local superintendent, by the local board, by the State Superintendent, or by the State Board, as the case may be. The cost of any typewritten transcript of any proceedings, or part of proceedings, shall be paid by the party or entity requesting it unless as provided in COMAR 13A.01.01.03C(3) and D(2).
C.
Annual School Budget. The annual school budget shall be submitted by the local board of education to the board of county commissioners or county council or the city council according to the form and procedures adopted by the State Board of Education and set forth in the “Financial Reporting Manual for Maryland Public Schools Revised 2009”, which is incorporated by reference. The forms and procedures in the manual shall apply to the annual school budgets beginning with fiscal year 2010.
D.
Annual School Financial Report. The annual school financial report shall be submitted by the local board of education to the State Board of Education according to the form and procedures adopted by the State Board of Education.
E.
Other Reports. The local school system shall submit all reports required of the local board of education by the State Board of Education or the State Superintendent of Schools.
Regulation .03 Specific Responsibilities.LinkCopy Citation
A.
Comprehensive Liability Insurance. The type and amount of liability insurance carried by the local boards of education shall conform to the requirements of Education Article, § 4-105, Annotated Code of Maryland.
B.
Absence of Principal. The local board of education may designate or give the principal authority to designate a person as the highest official of the school when the principal is to be absent from the school.
Regulation .04 Length of the School Year.LinkCopy Citation
A.
Schools shall be open a minimum of 180 days per year. In implementing Education Article, §7-103, Annotated Code of Maryland, a waiver of the 180-day requirement will be granted by the State Board of Education to local school systems only when:
(1)
They demonstrate that sufficient effort has been made through calendar planning and modification; and
(2)
Natural or civil disasters or severe weather conditions are sufficiently significant to warrant waiver.
B.
The closing of individual schools does not require a waiver by the State Board of Education but may be granted by permission of the State Superintendent of Schools upon request of the local superintendent of schools.
C.
Whether or not a school system plans to apply for a waiver, after any school system closure, it must provide notice to the Maryland State Department of Education, within 10 days of reopening, of its plan to make up the missed school days, including the dates of the make-up days.
D.
Application for Waiver.
(1)
In the required written application for waiver of school days, it shall be demonstrated that:
(a)
The local school system developed a calendar which included days to be used to make up days lost. Depending upon past experience, this number could range from 3 to 10 days throughout the State. The local school system calendar shall have identified those potential make-up days which could have been used as student days when calendar modification becomes necessary; that is, make-up days, student vacation days, etc.
(b)
The local school system has modified its calendar by scheduling school on the make-up days provided in the original calendar and by extending the school year 3 days beyond the previously scheduled closing date.
(2)
In considering this application, the State Board of Education may waive:
(a)
The final day needed to complete the 180-day schedule if that day falls on a Monday;
(b)
Additional days beyond those specified in §D(1)(b) of this regulation that would have to be added to the calendar to complete a 180-day schedule.
Chapter annotations
Authority: Education Article, §§2-205, 4-101, 4-105, 4-106, 5-101, 5-109, and 7-103, Annotated Code of Maryland
History: Effective date: January 27, 1971
History: Regulation .02B adopted effective October 21, 1978 (5:21 Md. R. 1589)
History: Regulation .03B amended effective July 1, 1987 (14:10 Md. R. 1172)
History: Regulation .03E amended effective March 30, 1977 (4:7 Md. R. 580); June 15, 1979 (6:12 Md. R. 1052); May 2, 1980 (7:9 Md. R. 848); August 30, 1982 (9:17 Md. R. 1709)
History: Chapter revised effective January 15, 1989 (15:27 Md. R. 3130)
History: Regulation .01 amended effective July 31, 2017 (44:15 Md. R. 760)
History: Regulation .02C amended effective December 16, 1996 (23:25 Md. R. 1786); November 2, 1998 (25:22 Md. R. 1652); October 19, 2009 (36:21 Md. R. 1592)
History: Regulation .03B amended effective August 15, 1994 (21:16 Md. R. 1385)
History: Regulation .04 amended effective September 24, 2018 (45:19 Md. R. 865)
History: Regulation .04C amended effective September 25, 2017 (44:19 Md. R. 898)