Md. Code, Education, Title 5

in effect

Md. Code, Education § 5-101

(a) (1) Subject to the rules and regulations of the State Board and with the advice of the county superintendent, each county board shall prepare an annual budget according to: (i) The major categories listed in this section; and (ii) Any other major category required by the State Board. (2) In addition to the information required by this section, the county fiscal authorities may require the county board to provide details to the service areas and activities levels in the account structure within the “Financial Reporting Manual for Maryland Public Schools”. (3) With the annual budget, each county board shall provide: (i) The number of full–time equivalent positions included within each major category; and (ii) A description of any fund balances or other money held by any outside source, including an insurer, that are undesignated or unreserved and are under the direction and control of the county board. (4) The State Board shall adopt a process for the uniform reporting of the information in subsection (b) of this section to timely share the information provided by a county board in subsection (b) of this section to a county governing body. (b) The budget shall be prepared to include the following categories: Part I (1) Current expense fund, estimated receipts: (i) Revenue from local sources; (ii) Revenue from State sources; (iii) Revenue from federal sources; (iv) Unliquidated surplus, the actual from the previous fiscal year and the estimated from the current fiscal year, whether accrued from revenues or expenditures; and (v) Revenue from all other sources with identification of the source. (2) Current expense fund, requested appropriations: (i) Administration, which means those activities associated with the general regulations, direction, and control of the county board, including: 1. Executive administration; 2. Business support services; and 3. Centralized support services; (ii) Mid–level administration, including: 1. The office of the school principal; and 2. Staff providing administration and supervision to the school instructional programs; (iii) Instructional salaries, which means those activities which deal directly with teaching students, including: 1. Teachers; 2. Aides; 3. Psychological personnel; 4. Guidance counselors; and 5. Library personnel; (iv) Textbooks and classroom instructional supplies; (v) Other instructional costs; (vi) Special education with subcategories and items budgeted in this category to be determined by the State Board with the advice of the county board; (vii) Student personnel services; (viii) Health services; (ix) Student transportation; (x) Operation of plant and equipment; (xi) Maintenance of plant; (xii) Fixed charges; (xiii) Food services; and (xiv) Capital outlay. (3) Current funds held in reserve, including: (i) Revenue to and expenditures from funds held in reserve in the prior fiscal year; and (ii) Appropriations planned in the upcoming fiscal year from funds held in reserve. (4) The amount of any federal funds received in the last fiscal year, including: (i) Expenditures of the federal funds in the prior fiscal year; (ii) A description of whether the federal funds are committed for a particular purpose; and (iii) The anticipated timing to appropriate the federal funds in the upcoming fiscal year. (5) The amount of funds held in trust or otherwise dedicated toward long–term obligations for retiree health care costs or other postemployment benefits, and information used to calculate the county board’s obligation for those costs. Part II (6) School construction fund, estimated receipts: (i) Revenue from local sources; (ii) Sale of bonds; (iii) State General Public School Construction Loan; (iv) Revenue from State sources; (v) Revenue from federal sources; (vi) Unliquidated surplus, the actual from the previous fiscal year and the estimated for the current fiscal year, whether accrued from revenues or expenditures; and (vii) Funds from all other sources, with identification of the source. (7) School Construction Fund, requested appropriations: (i) Land for school sites; (ii) Buildings and the equipment that will be an integral part of a building by project; (iii) School site improvement by project; (iv) Remodeling by project; (v) Additional equipment by project; (vi) Debt service; and (vii) An amount that is adequate to satisfy a final court judgment that, after exhaustion of the rights of appeal, is rendered against the county board of education or any of its officers or employees. (c) In addition to all other information required by this section, the Montgomery County Board of Education, on request of the County Executive and County Council, shall provide with the annual budget the program implications of recommendations for reductions to or increases in its annual budget, at whatever different levels of funding and accompanied by whatever reasonable supporting detail and analysis, as may be specified by the County Executive and County Council. Prior to the submission of the annual budget, similar information shall be submitted by the Superintendent of Schools upon request by the County Executive or County Council. (d) The budget document shall contain an addendum showing estimated expenditures for special education as defined by the “Financial Reporting Manual for Maryland Public Schools”. (e) In addition to all other information required by this section, the Cecil County Board of Education, on request of the Cecil County Board of Estimates, shall provide with the annual budget separate information on the number of and costs associated with school–based noninstructional personnel. (f) (1) In addition to all other information required by this section, the Prince George’s County Board of Education shall provide to the County Executive and County Council with the annual budget, information relating to each of the following categories: (i) Instructional supplies and materials; (ii) Additional equipment; (iii) Replacement equipment; and (iv) Availability payments related to any public–private partnership agreement entered into under §§ 4–126 and 4–126.1 of this article. (2) For the categories specified in paragraph (1) of this subsection, the following information shall be provided for the public school system in the county: (i) Proposed expenditures for the next school year based on the annual budget; (ii) Estimated expenditures for the current school year; and (iii) Actual expenditures for the prior school year.

Md. Code, Education § 5-102

(a) In this subtitle, “county council” means, in Baltimore City, the Mayor and City Council of Baltimore. (b) (1) Each county board shall submit an annual school budget in writing to the county commissioners, county council, or county executive. (2) The budget shall be submitted not less than 45 days before the date for levying local taxes or on an earlier date on or after March 1 as may be requested by the county fiscal authority. (c) (1) This subsection applies only to a county that has a county governing body that consists of a county executive and county council. (2) The county executive shall indicate in writing which major categories of the annual budget of the county board have been denied in whole or reduced in part and the reason for the denial or reduction. (3) The county council may restore any denial or reduction made by the county executive in the annual budget submitted by the county board. (4) In Baltimore County, the County Council may not restore any denial or reduction made by the County Executive. (5) This paragraph applies to Baltimore County and supersedes paragraph (4) of this subsection only if the voters of Baltimore County approve an amendment to the Baltimore County Charter that grants the County Council the authority to restore any denial or reduction made by the County Executive in the budget submitted by the county board. The Baltimore County Council may restore any denial or reduction made by the County Executive if it publicly states the amount the restoration represents in the county tax rate. (d) (1) In Baltimore City, the City Council may not restore any denial or reduction made by the Mayor. (2) (i) This paragraph applies to Baltimore City and supersedes paragraph (1) of this subsection only if the voters of Baltimore City approve an amendment to the Baltimore City Charter that grants the City Council the authority to restore any denial or reduction made by the Mayor in the budget submitted by the county board. (ii) The Baltimore City Council may restore any denial or reduction made by the Mayor if it publicly states the amount the restoration represents in the city tax rate. (e) (1) Copies of the budget shall be made available to the public, on request, at the time it is submitted by the county board. (2) A copy of the budget as approved by the county commissioners or county council shall be sent to the State Superintendent within 30 days after approval and posted on the county board’s public–facing website, in an easily identifiable location. (3) A copy of the budget submitted under subsection (b)(1) of this section shall be placed on the county board’s public–facing website, in an easily identifiable location.

Md. Code, Education § 5-103

(a) The amount requested in the annual budget of each county board for current expenses for the next school year and that is to be raised by revenue from local sources may not be less than the minimum amount required to be levied under § 5–202(d)(1)(i) of this title. (b) The county commissioners or county council may provide funds that are more than the amount required by § 5–202(d)(1)(i) of this title to support improved and additional programs. (c) If a county council or board of county commissioners does not approve the amount requested in the budget that is more than the amount required by § 5–202(d)(1)(i) of this title: (1) The county council or board of county commissioners: (i) May not reduce the amount requested in the budget that is dedicated to satisfying a final court judgment; and (ii) Shall indicate in writing, within 15 days after the adoption of the budget, which major categories of the annual budget have been reduced and the reason for the reduction; and (2) The county board shall submit to the county governing body, within 30 days after the adoption of the budget, a report indicating how the alterations to the budget will be implemented, accompanied by reasonable supporting detail and analysis.

Md. Code, Education § 5-104

(a) Each county council or board of county commissioners shall levy and collect a tax on the assessable property of the county which, together with other local revenue available, including income tax revenues and bond money, and together with estimated revenues and funds from all sources, will produce the amounts necessary to meet the appropriations made in the approved annual budget of the county board. (b) (1) Local funds provided for appropriations shall be paid in accordance with the expenditure requirements, as certified by the county board, to the treasurer of the county board on a monthly basis. (2) Appropriations for school construction, permanent improvements, and repairs for special purposes may be required to be paid more frequently on the order of the president and secretary of the county board to the county commissioners, county council, or the county executive. (c) (1) Notwithstanding any other provision in this article, this subsection applies to Wicomico County. (2) The Wicomico County Council annually shall pay to the Wicomico County Board the amount of the budget of the county board that has been approved by the County Council: (i) In 12 equal monthly installments; or (ii) At the times on which the County Council and county board mutually agree. (3) Taxes levied under this section shall be retained by the county and any annual deficiencies in the tax are the responsibility of Wicomico County. (d) (1) Notwithstanding any provision of a county charter that places a limit on that county’s property tax rate or revenues and subject to paragraph (2) of this subsection, a county governing body may set a property tax rate that is higher than the rate authorized under the county’s charter or collect more property tax revenues than the revenues authorized under the county’s charter for the sole purpose of funding the approved budget of the county board including any payments by the county governing body on behalf of the county board to the Teachers’ Pension System and the Teachers’ Retirement System. (2) If the county governing body sets a county property tax rate that is greater than the rate authorized under the county’s charter or collects more property tax revenues than the revenues authorized under the county’s charter, the county: (i) May not reduce funding provided to the county board from any other local revenue source below the funding level in the current county budget; and (ii) Shall appropriate to the county board all property tax revenues exceeding the amount that would have been available if the county charter limitation had applied. (3) On or before December 31 of any year in which a county sets a property tax rate as provided in this subsection, the county shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the property tax rate set, the additional amount of revenues generated, and the appropriation of the additional revenues.

Md. Code, Education § 5-105

(a) All revenues received by a county board shall be spent by the board in accordance with the major categories of its annual budget as provided under § 5-101 of this subtitle. (b) (1) (i) A transfer may be made within the major categories without recourse to the county commissioners or county council except that a report of the transfer shall be submitted to the county commissioners or county council within 15 days after the end of each month. (ii) A report under subparagraph (i) of this paragraph shall include a narrative summary that clearly indicates each transfer. (2) A transfer between major categories shall be made only with the approval of the county commissioners or county council. (3) If the county commissioners or county council fail to take action on a request for transfer between major categories within 30 days after the receipt of a written request substantiating the transfer, the failure to take action constitutes approval. (4) A county board shall submit to the county governing body a report within 15 days after the end of each month if during that month the county board takes any action that would commit the county board to spend more for the current fiscal year in any major category than the amount approved in the annual budget for that category. (5) A report under paragraph (4) of this subsection shall include a narrative explanation of the action taken, indicating any request for transfer between categories that may become necessary for the fiscal year as a result of the action. (c) Except as provided in subsection (d) of this section, nonlocal funds received by a county board after the adoption of the annual budget by the county fiscal authority may be spent by the county board if the county fiscal authority is notified and approves of: (1) The source and amount of the funds; and (2) The manner of spending the funds. (d) (1) Funds received by the county board under § 2–608(a)(1) of the Tax – General Article after the adoption of the annual budget by the county fiscal authority may be spent by the county board after approval by the county fiscal authority under paragraph (2) of this subsection. (2) The county fiscal authority shall approve the amount of funds received by the county board under § 2–608(a)(1) of the Tax – General Article within 30 days after the Comptroller makes the distribution to the county board. (3) If the county fiscal authority fails to take action within 30 days after the distribution by the Comptroller, the failure to take action constitutes approval.

Md. Code, Education § 5-106

On or before November 1 and March 1 of each fiscal year, the Anne Arundel County Board shall submit to the Anne Arundel County Council, and the Baltimore City Board of School Commissioners shall submit to the Mayor and City Council of Baltimore a report detailing all expenditures within the major categories of its annual budget. The report also shall detail any action of the county board that would commit the county board to spend more in any major category in the annual budget for the current fiscal year than the amount approved in the annual budget for that category.

Md. Code, Education § 5-107

(a) If the county commissioners or county council does not appropriate the amount requested by the county board for capital projects, it shall indicate in writing which projects have been reduced, deferred, or eliminated and the reason for the reduction, deferral, or elimination. (b) (1) The expenditure for school building construction shall be made in accordance with the cost approved by the county commissioners or county council for each project. (2) A transfer between major categories or of unexpended project balances is subject to the approval of the county commissioners or county council. (3) If the county commissioners or county council does not take action on a transfer within 30 days after the receipt of a written request substantiating the transfer, the failure to take action constitutes approval.

Md. Code, Education § 5-109

(a) Each county board shall provide for an annual audit of its financial transactions and accounts. (b) (1) The audit shall be made by a certified public accountant or a partnership of certified public accountants who are: (i) Licensed by the State Board of Public Accountancy; and (ii) Approved by the State Superintendent. (2) The audit shall be made in accordance with the standards and regulations adopted by the State Board. (c) (1) The results of the audit, including the letter of recommendation submitted by the auditor, are a matter of public record. (2) The results shall be reported within 3 months after the close of the fiscal year for the county board on the form and in the manner required by the State Board to: (i) The State Superintendent; (ii) The county fiscal authority and the county council or the county commissioners; (iii) The Joint Audit and Evaluation Committee of the General Assembly; (iv) The Senate Budget and Taxation Committee; (v) The Senate Education, Health, and Environmental Affairs Committee; (vi) The House Appropriations Committee; and (vii) The House Committee on Ways and Means. (d) In addition to the audit required by this section, the county commissioners or county council may conduct an audit using auditors employed by the county.

Md. Code, Education § 5-110

(a) In this section, “performance audit” means an assessment of an entity’s or program’s practices to determine whether the entity or program is operating economically and efficiently and whether corrective actions for improving its performance are appropriate. (b) In the absence of an agreement between a county governing body and a county school board, the Department at the request of the county governing body shall contract for a performance audit of the county public school system to address the issues raised in the county’s request. (c) The Department shall make reasonable efforts to ensure that a performance audit under this section is completed and the results of the audit are made available to the county board in time to be considered by the county board in the preparation of its budget for the next fiscal year. (d) The cost of a performance audit under this section shall be shared equally between the county governing body and the county board. (e) A performance audit for which the Department contracted under subsection (b) of this section: (1) Shall be conducted in accordance with generally accepted government auditing standards; and (2) May not include an assessment or evaluation of a county board’s efforts to meet the standards of the Maryland School Performance Program. (f) Nothing in this section prevents a county governing body and a county school board from making an agreement to perform or contract for a performance audit of school board functions, including an agreement involving the scope of the performance audit or the responsibility for the funding of the performance audit.

Md. Code, Education § 5-111

(a) (1) Each county board shall make the reports required by the State Board and by the State Superintendent. (2) The reports shall be made at the time, include the items, and be on the forms required by the State Board and by the State Superintendent. (b) (1) Each county board shall prepare, publish, and make available to interested parties an annual report on the condition, current accomplishments, and needs for improvement of the schools as well as a statement of the business and financial transactions of the county board. (2) This report shall be published before the end of the calendar year. (c) The public schools of each county shall use a uniform method, as required by the county superintendent, for reporting the receipts, expenditures, and balances of the operations and activities conducted by the public schools. (d) (1) At the request of the county governing body made in writing at least 30 days before the reporting deadline, the county board or superintendent shall report to the county governing body on or before November 1 and March 1 of each fiscal year on the school system’s operations, including any adjustment made to the approved annual budget and post the report on the county board’s public–facing website, in an easily identifiable location. (2) A report under this subsection shall be made available to all interested persons. (e) (1) At the request of the county board made in writing at least 30 days before the reporting deadline the county governing body shall report to the county board on or before November 1 and March 1 of each fiscal year on the county’s fiscal status for the immediate fiscal year and the subsequent fiscal year and post the report on the county board’s public–facing website, in an easily identifiable location. (2) A report under this subsection shall be made available to all interested persons.

Md. Code, Education § 5-111.1

§5–111.1. (a) In this section, “specialized intervention services” means services provided to students in kindergarten through grade 3 who: (1) Are not currently identified as needing special education or related services under Title 8, Subtitle 4 of this article; (2) Need additional academic and behavioral supports to succeed in a core curriculum and differentiated instruction general education environment; and (3) Receive additional academic and behavioral support in small groups or individual settings at least 3 times each week for at least 90 minutes each week for a period of at least 10 weeks during a school year. (b) Beginning with the 2018–2019 school year, on or before December 1 each year, each county board shall submit to the Department and, subject to § 2–1257 of the State Government Article, the General Assembly a report for the prior school year on: (1) The number of students who received specialized intervention services; (2) The grades in which specialized intervention services were provided; and (3) The annual budget, including all federal, State, and local funds, for specialized intervention services, including screenings, evaluations, materials, professional development, and staffing. (c) The Department shall establish guidelines for the report that each county board is required to submit under subsection (b) of this section. (d) A county board shall publish annually on the county board’s website the information submitted under subsection (b) of this section. (e) The Department shall publish annually on the Department’s website the information received under subsection (b) of this section.

Md. Code, Education § 5-112

(a) This section does not apply to: (1) Contracts for the purchase of books and other materials of instruction as defined in the State Department of Education Financial Reporting Manual; (2) Emergency repairs; and (3) Except as provided in subsection (e) of this section, a county board’s participation in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows public bidding procedures. (b) (1) Except as provided in paragraph (2) of this subsection, in addition to the requirements of § 17–502 of the State Finance and Procurement Article, if the cost of any school building, improvement, supplies, or equipment is more than $100,000, the county board, at least 2 weeks before bids are to be filed, shall advertise for bids in a medium accessible to the general public, which includes: (i) A newspaper of general circulation in the region; (ii) eMaryland Marketplace; or (iii) An electronic posting on the local school system website. (2) If the amount specified in paragraph (1) of this subsection differs from the amount in § 13–109(a) of the State Finance and Procurement Article, the amount in § 13–109(a) of the State Finance and Procurement Article shall apply under paragraph (1) of this subsection. (3) (i) The county board shall draft specifications that provide a clear and accurate description of the functional characteristics or the nature of an item to be procured, without modifying the county board’s requirements. (ii) The specifications may: 1. Include a statement of any of the county board’s requirements; and 2. Provide for the submission of samples, inspection, or testing of the item before procurement. (4) (i) Except as provided in subparagraph (ii) of this paragraph, specifications that use one or more manufacturer’s product to describe the standard of quality, performance, or other characteristics needed to meet the county board’s requirements, must allow for the submission of equivalent products. (ii) Subparagraph (i) of this paragraph does not apply if the county board determines in the written specification that: 1. A particular manufacturer’s product is required to maintain compatibility of service or equipment; 2. A particular manufacturer’s product is required to meet the health needs of students; 3. Replacement parts or maintenance are a paramount consideration; or 4. A product is purchased for resale. (c) (1) A contract for the school building, improvements, supplies, or other equipment shall be awarded to the responsible bidder who provides the best value and conforms to specifications with consideration given to: (i) The quantities involved; (ii) The time required for delivery; (iii) The purpose for which required; (iv) The competency and responsibility of the bidder; (v) The ability of the bidder to perform satisfactory service; (vi) The plan for utilization of minority contractors; and (vii) The price offered by the bidder. (2) The county board may reject any and all bids and readvertise for other bids. (d) (1) In this subsection, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article. (2) In Montgomery County, by resolution and by implementing regulations, the Montgomery County Board of Education shall establish a minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Montgomery County Board of Education in accordance with competitive bidding procedures. (e) (1) (i) In this subsection, “green product cleaning supplies” means environmentally preferable cleaning and cleaning maintenance products and supplies intended for routine cleaning and cleaning maintenance that perform well and that have positive health and environmental attributes, including: 1. Biodegradability; 2. Low toxicity; 3. Low volatile organic compound content; 4. Reduced packaging; 5. Low life cycle energy use; and 6. Lesser or reduced effects on human health and the environment when compared to competing products that serve the same purpose. (ii) “Green product cleaning supplies” includes: 1. General purpose cleaners; 2. Bathroom cleaners; 3. Carpet cleaners; 4. Glass cleaners; 5. Floor cleaners, floor finishes, and floor strippers; 6. Wall cleaners; 7. Desk cleaners; 8. Surface cleaners; 9. Window cleaners; 10. Whiteboard cleaners; and 11. Soap. (iii) “Green product cleaning supplies” does not include: 1. Room deodorizers; 2. Air fresheners; 3. Toilet deodorizers; or 4. Hand cleaners. (2) (i) Subject to subsection (f) of this section, to the extent practicable, and economically feasible, a county board shall procure green product cleaning supplies for use in its schools. (ii) In accordance with subsection (b)(3) of this section, a county board shall draft specifications that provide a clear and accurate description of the functional characteristics or nature of the green product cleaning supplies that are to be procured. (iii) The specifications drafted by a county board under subparagraph (ii) of this paragraph: 1. May not preclude the use when necessary of a disinfectant, disinfecting cleaner, sanitizer, or other antimicrobial product regulated by the Federal Insecticide, Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq.; and 2. Shall allow for multiple avenues to obtain green product cleaning supplies certification, including: A. Green Seal, Green Label, Environmental Choice, TerraChoice, or Ecologo; and B. Any other nationally recognized independent third–party entity that certifies environmentally preferable products that the county board determines to be appropriate. (3) (i) Except as provided in paragraph (2)(i) of this subsection, on or before July 1, 2013, a county board shall adopt written policies for the procurement of green product cleaning supplies for use in its schools. (ii) The written policies shall: 1. Require the use of green product cleaning supplies; 2. On or before July 1, 2014, establish guidelines for purchasing green product cleaning supplies that meet the certification requirements of any established and nationally recognized independent third–party entity that certifies environmentally preferable products and adheres to consensus standards for lesser or reduced effects on human health and the environment when compared to competing products that serve the same purpose; 3. Establish green cleaning practices, including storage, application, frequency of use, and disposal of the supplies to ensure that the occupants of a school building do not suffer any adverse health effects as the result of these practices; and 4. Require staff training on implementing the policy. (f) On or before June 30 each year, a county board that does not procure green product cleaning supplies for use in its schools because doing so is not practicable or economically feasible shall provide annual written notice of this fact to the Department. (g) Nonpublic schools may participate under any contracts for goods or commodities that are awarded by county boards, other public agencies, or intergovernmental purchasing organizations, if the lead agency for the contract award follows public bidding procedures. (h) (1) A county board is encouraged, consistent with competitive bidding, to use bulk purchasing, bundling, and intergovernmental purchasing. (2) A county board may bundle, for approval and procurement purposes: (i) Similar systemic renovation projects at different schools; and (ii) Interrelated systemic projects at a single school. (i) A contract entered into or purchase made in violation of this section is void.

Md. Code, Education § 5-113

(a) A county governing body may notify the Department that a local board has not complied with one or more reporting requirements under this subtitle or one of the expenditure limitations of § 5-105 of this subtitle. (b) The Department shall investigate a complaint filed under this section. If the State Superintendent determines, after taking into account aggravating and mitigating circumstances, that a violation has occurred without reasonable justification, for the next fiscal year following the final determination of a violation, the county board may not make a category expenditure, as defined by the Maryland Board of Education reporting manual, in excess of the category expenditure in the operating budget approved by the county governing body without the prior approval of the county governing body. If the county governing body fails to take action on a request for approval within 30 days after the receipt of a written request, the failure to take action constitutes approval.

Md. Code, Education § 5-114

(a) (1) In this section the following words have the meanings indicated. (2) “Deficit” means a negative fund balance in the General Fund at the end of the fiscal year. (3) “Structural deficit” means a projected negative fund balance in the General Fund that requires the transfer of reserve funds in order to avoid a deficit. (b) The State Superintendent and the Department shall monitor the financial status of each local school system. (c) If a local school system does not file the annual audit results in a timely manner with the State Superintendent as required by § 5–109 of this subtitle, the State Superintendent shall: (1) Immediately notify: (i) The Department of Legislative Services; (ii) The county governing body; and (iii) The local board and local superintendent or chief executive officer of the local school system; and (2) Order that the audit report be filed within 10 days. (d) (1) A local school system may not carry a deficit as reported in the annual audit under § 5–109 of this subtitle. (2) If a local school system has a deficit, the State Superintendent shall immediately notify the Governor, the General Assembly, the Department of Legislative Services, and county governing body and shall require the local school system to: (i) Develop and submit for approval a corrective action cost containment plan within 15 days; (ii) File monthly status reports with the State Superintendent and county governing body demonstrating actions taken to close the deficit and the effect of the actions taken on the deficit; and (iii) Include information on the corrective action cost containment plan, actions taken to close the deficit, and status of the deficit in the annual audit under § 5–109 of this subtitle filed with the State Superintendent and county governing body. (3) (i) If a local school system has a structural deficit and transfers reserve funds into the General Fund in order to avoid a deficit, the local school system immediately shall notify the Governor, the General Assembly, the State Superintendent, the Department of Legislative Services, and the county governing body. (ii) The State Superintendent shall require a local school system described in subparagraph (i) of this paragraph to submit a corrective action cost containment plan within 15 days and file monthly status reports with the State Superintendent and county governing body demonstrating actions taken to eliminate the structural deficit, the effect of the actions taken on the structural deficit, and a schedule to repay the reserve fund. (4) The State Superintendent shall include information on any local school system deficit or structural deficit, corrective action cost containment plan, actions taken to close a local school system deficit or structural deficit, and status of any local school system deficit or structural deficit in a quarterly report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article. (5) If a local school system has a deficit or structural deficit: (i) The Office of Legislative Audits may request any financial information pertaining to the deficit or structural deficit and the corrective action cost containment plan; and (ii) The local superintendent or chief executive officer of a local school system shall provide the requested information. (e) If a local school system fails to comply with the requirements of this section, the State Superintendent, with the approval of the State Board of Education, shall notify the State Comptroller, who shall withhold 10% of the next installment and each subsequent installment due the local school system from the General State School Fund until the State Superintendent notifies the Comptroller that the local school system is in full compliance with the requirements of this section.

Md. Code, Education § 5-115

(a) (1) In this section, “payee” means any party who receives an aggregate payment of $25,000 in a fiscal year from a school board. (2) “Payee” does not include: (i) A public school employee with respect to the employee’s compensation; (ii) A public school retiree with respect to the retiree’s retirement allowance; or (iii) In Baltimore County, a third–party payee that accepts employee payroll–related payments, including: 1. Recurring payments for payroll taxes; 2. Employee payroll deductions; and 3. Investment–related activities relating to fund balances. (b) (1) Beginning January 1, 2020, each county board shall annually report the following information for the immediately preceding fiscal year to the Department of Budget and Management: (i) The name of a payee receiving a payment; (ii) The location of a payee by postal zip code; (iii) The amount of a payment; (iv) For the Baltimore County Board of Education: 1. The purpose for the payment; and 2. Whether the payee is a minority business enterprise; and (v) For the Prince George’s County Board of Education, the budget data prepared under § 5–101 of this subtitle. (2) Each county board shall provide the information specified in paragraph (1)(i) of this subsection to the Department of Budget and Management for the following previous fiscal years: (i) For the Montgomery County Board of Education, fiscal years 2010 through 2018; (ii) For the Howard County Board of Education, fiscal years 2011 through 2018; (iii) For the Baltimore County Board of Education, fiscal years 2012 through 2018; (iv) For the Prince George’s County Board of Education, fiscal years 2012 through 2018; (v) For the Anne Arundel County Board of Education, fiscal years 2017 and 2018; and (vi) For all other county boards, fiscal year 2018. (3) The Department of Budget and Management shall post the information reported under paragraphs (1) and (2) of this subsection on its Funding Accountability & Transparency website. (c) This section may not be construed to require the disclosure of information that is confidential under federal, State, or local law.

Md. Code, Education § 5-201

(a) In this subtitle, except as otherwise provided, the following words have the meanings indicated. (b) “Assessable base” has the meaning stated in: (1) § 12–201 of the Economic Development Article; or (2) For Baltimore City, Article II, § 62 of the Charter of Baltimore City. (c) “Assessed value of personal property” means the most recent estimate by the State Department of Assessments and Taxation before the annual State budget is submitted to the General Assembly of the assessed value for county purposes of personal property as of July 1 of the first completed fiscal year before the school year for which the calculation is made under this section. (d) (1) Subject to paragraph (2) of this subsection, “assessed value of real property” means the most recent estimate made by the State Department of Assessments and Taxation before the annual State budget is submitted to the General Assembly of the assessed value of real property for State purposes as of July 1 of the first completed fiscal year before the school year for which the calculation of State aid is made under this section. (2) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, for counties that qualify for a disparity grant under § 16–501 of the Local Government Article and that established a development district under Title 12, Subtitle 2 of the Economic Development Article or Article II, § 62 of the Charter of Baltimore City after May 1, 2016, and is still in effect, using the assessed value of real property as of July 1 of the second completed fiscal year before the school year for which the calculation of State aid is made under this section, “assessed value of real property” does not include the lesser of: 1. The difference between the original base and the assessable base of all real property in a development district that is subject to tax increment financing under Title 12, Subtitle 2 of the Economic Development Article or Article II, § 62 of the Charter of Baltimore City as certified by the State Department of Assessments and Taxation; or 2. The quotient of the annual debt service for a tax increment financing bond in a development district divided by the county’s real property tax rate pledged to the tax increment financing bond multiplied by 100. (ii) If the result of items 1 or 2 of subparagraph (i) of this paragraph is a negative number, then the result shall be $0. (iii) The calculations under this paragraph shall be made separately for each development district in a county. (iv) For Baltimore City, if the result of item 1 or 2 of subparagraph (i) of this paragraph is a positive number, then the amount is required to be appropriated by the Mayor and City Council of Baltimore City to the Baltimore City Board of School Commissioners. (e) “Enrollment count” means the greater of: (1) The full–time equivalent enrollment; or (2) The 3–year moving average enrollment. (f) “Foundation program” means the product of the annual per pupil foundation amount and a county’s enrollment count. (g) “Full–time equivalent enrollment” means the sum of: (1) The number of students enrolled in kindergarten through grade 12 or their equivalent in regular day school programs on September 30 of the prior school year; (2) The number of full–time equivalent students, as determined by a regulation of the Department, enrolled in evening high school programs during the prior school year; and (3) The number of P–TECH students, as provided in § 7–1804(b) of this article. (h) (1) Subject to paragraph (2) of this subsection, “inflation adjustment” means a percentage, rounded to the nearest two decimal places, that is the lesser of: (i) The increase in the implicit price deflator for State and local government expenditures for the second prior fiscal year; (ii) The Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area, or any successor index, for the second prior fiscal year; or (iii) 5%. (2) If there is no increase in the implicit price deflator for State and local government expenditures for the second prior fiscal year or in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area, or any successor index, for the second prior fiscal year, then “inflation adjustment” means 0%. (i) “Local contribution rate” means the figure that is calculated as follows: (1) Multiply the statewide full–time equivalent enrollment by the target per pupil amount and by 0.50; divided by (2) The sum of the wealth of all of the counties in this State; and (3) Round the result obtained in paragraph (2) of this subsection to seven decimal places and express as a percent with five decimal places. (j) “Local share of the foundation program” means the product of the local contribution rate and a county’s wealth rounded to the nearest whole dollar. (k) “Local wealth per pupil” means a county’s wealth divided by the county’s full–time equivalent enrollment. (l) “Major education aid” means the sum of the State and local share of the following: (1) Foundation program under § 5–213 of this subtitle; (2) Transportation aid under § 5–218 of this subtitle; (3) Compensatory education under § 5–222 of this subtitle; (4) English learner program under § 5–224 of this subtitle; (5) Special education under § 5–225 of this subtitle; (6) Guaranteed tax base program under § 5–214 of this subtitle; (7) Comparable wage index grant under § 5–216 of this subtitle; (8) Post college and career readiness pathways under § 5–217 of this subtitle; (9) Concentration of poverty under § 5–223 of this subtitle; (10) Transitional supplemental instruction under § 5–226 of this subtitle; (11) Publicly funded prekindergarten under § 5–229 of this subtitle; and (12) Career ladder for educators under § 6–1009 of this article. (m) “Net taxable income” means the amount certified by the State Comptroller for the second completed calendar year before the school year for which the calculation of State aid under this section is made, based on tax returns filed on or before November 1 after the current calendar year. (n) “Original base”: (1) Has the meaning stated in § 12–201 of the Economic Development Article; or (2) For Baltimore City, means “original assessable base” as defined in Article II, § 62 of the Charter of Baltimore City. (o) “Personal property” means all property classified as personal property under § 8–101(c) of the Tax – Property Article. (p) “Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article. (q) “State share of the foundation program” means, rounded to the nearest whole dollar, the greater of: (1) The difference between the foundation program and the local share of the foundation program; and (2) The result obtained by multiplying the target per pupil foundation amount by the county’s enrollment count, and multiplying this product by 0.15 in fiscal year 2008 and each fiscal year thereafter. (r) “Statewide wealth per pupil” means the sum of the wealth of all counties divided by the statewide full–time equivalent enrollment. (s) “Target per pupil foundation amount” means: (1) For fiscal year 2022, $7,991; (2) For fiscal year 2023, $8,310; (3) For fiscal year 2024, $8,642; (4) For fiscal year 2025, $8,789; (5) For fiscal year 2026, $9,226; (6) For fiscal year 2027, $9,561; (7) For fiscal year 2028, $9,789; (8) For fiscal year 2029, $10,200; (9) For fiscal year 2030, $10,625; (10) For fiscal year 2031, $11,047; (11) For fiscal year 2032, $11,483; (12) For fiscal year 2033, $11,931; (13) For fiscal year 2034, $12,381; (14) For fiscal year 2035, $12,843; and (15) For subsequent fiscal years, the target per pupil foundation amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. (t) (1) Except as provided in paragraph (2) of this subsection, “3–year moving average enrollment” means the average of the full–time equivalent enrollment in the 3 prior school years. (2) If the 3 prior school years includes the 2020–2021 school year, “3–year moving average enrollment” means: (i) The sum of the full–time equivalent enrollment for the 4 prior school years minus the 2020–2021 school year full–time equivalent enrollment; divided by (ii) Three. (u) “Wealth” means the sum of: (1) Net taxable income; (2) 100 percent of the assessed value of the operating real property of public utilities; (3) 40 percent of the assessed value of all other real property; and (4) 50 percent of assessed value of personal property.

Md. Code, Education § 5-202

On or before December 1, 2021, and each December 1 thereafter, the Department shall submit to the Department of Budget and Management and the Department of Legislative Services the enrollment counts and other data necessary to calculate the funding formulas to implement the Blueprint for Maryland’s Future for the upcoming fiscal year.

Md. Code, Education § 5-204

(a) (1) Except for money appropriated for the purposes of § 5–301(b) through (j) of this title, all money appropriated by the General Assembly to aid in support of public schools constitutes the General State School Fund. (2) Money in the General State School Fund may be spent only as appropriated in the annual budget bill. (3) (i) The Department shall notify the Senate Budget and Taxation Committee and the House Committee on Appropriations of any intent to transfer funds from budget program R00A02, Aid to Education, to any other budgetary unit. (ii) The Senate Budget and Taxation Committee and the House Committee on Appropriations shall have 45 days to review and comment on the planned transfer prior to its effect. (b) Money in the General State School Fund may be appropriated by the General Assembly to the Annuity Bond Fund, as provided in the State budget, and shall be used for principal and interest payments on State debt incurred for public school construction or public school capital improvements.

Md. Code, Education § 5-205

(a) Except as provided in subsections (e) and (f) of this section, 10 days before the end of July, September, November, January, March, and May, the State Superintendent shall certify to the State Comptroller the amount due at the end of each of these months to each county board for the annual State share of major education aid. (b) Amounts due shall be made in equal payments once every 2 months. (c) Within 5 days before the end of each of these months, the State Comptroller shall draw the Comptroller’s warrant on the State Treasurer for the amount due to the treasurer of each county board. (d) On receipt of the warrant of the State Comptroller, the State Treasurer immediately shall pay the amount due to the treasurer of each county board. (e) After notification from the State Superintendent that a county board is not complying with the provisions of the State program of public education, the State Comptroller shall withhold any installment due the county board from the General State School Fund. (f) After notification is received under § 5–405 of this title, the State Superintendent shall certify to the Comptroller the amount to be released or withheld.

Md. Code, Education § 5-206

(a) In this section, “Fund” means the Blueprint for Maryland’s Future Fund. (b) There is the Blueprint for Maryland’s Future Fund. (c) The purpose of the Fund is to assist in providing adequate funding for early childhood education and primary and secondary education to provide a world–class education to students so they are prepared for college and a career in the global economy of the 21st century, based on the recommendations of the Commission on Innovation and Excellence in Education. (d) The Department shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) Revenue distributed to the Fund under Title 9, Subtitles 1D and 1E of the State Government Article and §§ 2–4A–02, 2–605.1, and 2–1303 of the Tax – General Article; (2) Money appropriated in the State budget for the Fund; (3) Interest earned by the Academic Excellence Fund established under § 6–1105 of this article; and (4) Any other money from any other source accepted for the benefit of the Fund. (g) (1) The Fund may be used only to assist in providing adequate funding for: (i) Early childhood education, primary and secondary education, and other programs, based on the recommendations of the Commission on Innovation and Excellence in Education, including revised education funding formulas; (ii) Maryland prekindergarten expansion grants; and (iii) Early childhood education, primary and secondary education, and other programs for costs associated with the Coronavirus Disease 2019 (COVID–19), including: 1. One–time primary and secondary education aid grants provided in fiscal year 2022 to: A. Address enrollment declines related to the COVID–19 pandemic; and B. Ensure that every county board receives an increase in State education aid over the amount of State education aid the county board received in fiscal year 2021; and 2. Grants provided in fiscal years 2021 and 2022 for: A. Summer school programs, tutoring, and other supplemental instruction programs to address student learning loss; B. Identification of and support for students dealing with trauma or behavioral health issues; and C. Schools to safely reopen for in–person instruction. (2) (i) The Fund may not be used for school construction under Subtitle 3 of this title. (ii) The Fund may not be used to fund the Academic Excellence Program established under Title 6, Subtitle 11 of this article. (h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (i) Expenditures from the Fund may be made only in accordance with the State budget.

Md. Code, Education § 5-207

If a final court judgment requires the State to include in the budget bill money to satisfy a judgment against the county board of education, the State may deduct that amount from any other State funds that would otherwise be paid to the county board of education under this subtitle in the following fiscal year.

Md. Code, Education § 5-208

Any employer Social Security contributions required by federal law for any employee of a county board or local school system shall remain the obligation of the employer.

Md. Code, Education § 5-209

(a) The Montgomery County Board shall provide from the Montgomery County Public Schools Employees’ Pension System Trust the supplemental retirement allowance required under subsection (b) of this section. (b) (1) The Montgomery County Board, through the Montgomery County Public Schools Employees’ Pension System Trust, shall pay a supplemental retirement allowance to an employee of the county board who retires on or after July 1, 1999, as a member of the Teachers’ Pension System of the State of Maryland. (2) The supplemental retirement allowance shall equal the product of the member’s years of creditable service earned in the Montgomery County Public Schools Employees’ Pension System times the sum of: (i) 0.08% of the retiree’s average final compensation that does not exceed the Social Security integration level; and (ii) 0.15% of the retiree’s average final compensation that exceeds the Social Security integration level.

Md. Code, Education § 5-210

(a) (1) In this section the following words have the meanings indicated. (2) “Blueprint for Maryland’s Future Fund estimate” means the estimate of revenues to be distributed to the Blueprint for Maryland’s Future Fund established under § 5–206 of this subtitle by the Board of Revenue Estimates as required by § 6–106 of the State Finance and Procurement Article. (3) “General Fund estimate” means the estimate of General Fund revenues by the Board of Revenue Estimates as required by § 6–106 of the State Finance and Procurement Article. (b) Beginning December 1, 2024, and each December 1 thereafter, for fiscal year 2026 and each fiscal year thereafter, if there is a cumulative reduction in the December General Fund estimate and the Blueprint for Maryland’s Future Fund estimate in the December Board of Revenue Estimates report for that fiscal year that is at least 3.75% below the March General Fund estimate in the March Board of Revenue Estimates report for that fiscal year, notwithstanding any other provision of law: (1) Per pupil formula increases in major education aid required under this subtitle shall be 0%; and (2) Any additional funding increases required under this subtitle shall be limited to 0%. (c) The Governor shall include the limitation on increases required under subsection (b) of this section in the annual budget bill in the General Assembly session immediately following the December Board of Revenue Estimates report.

Md. Code, Education § 5-212

(a) The target per pupil foundation amount includes costs associated with implementing the Blueprint for Maryland’s Future including: (1) Increasing salaries; (2) Additional teachers to provide professional learning and collaborative time for teachers; (3) Career counseling; (4) Behavioral health; (5) Instructional opportunities for students who are college and career ready and those who are not; (6) Maintenance and operation of schools; (7) Supplies and materials for teachers; and (8) Educational technology including digital devices, broadband connectivity, and information technology staff. (b) Schools may use funds provided under this section to provide the programs required under COMAR 13A.04.16.01. (c) (1) County boards of education and schools shall prioritize the purchase of digital devices for using funds under subsection (a)(8) of this section. (2) Additional funds provided in the target per pupil foundation amount for educational technology are intended to supplement and not supplant existing funding provided for educational technology. (3) (i) On or before November 15 each year, each county board shall submit a report to the Department detailing, for the previous fiscal year: 1. The amount spent by the local school system on technology disaggregated by digital devices, connectivity, and information technology staff; and 2. The percentage of students, teachers, and staff with digital devices and adequate connectivity in their homes in accordance with the Federal Communications Commission standards for broadband. (ii) On or before December 15 each year, the Department shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a compilation of the reports submitted to the Department under subparagraph (i) of this paragraph. (iii) On or before September 1, 2021, the Department shall establish uniform reporting requirements, including definitions to ensure that consistent and comparable reports are submitted under subparagraph (i) of this paragraph.

Md. Code, Education § 5-213

(a) Each fiscal year, the State shall distribute the State share of the foundation program to each county board. (b) Except as provided in subsections (c) and (d) of this section, each fiscal year, the county board shall distribute to each school the minimum school funding amount for the foundation program calculated under § 5–234 of this subtitle. (c) (1) Each county board shall distribute to the local workforce development board for the county the following amount multiplied by the enrollment count in the county: (i) For fiscal year 2024, $62; and (ii) For fiscal years 2025 through 2028, the prior fiscal year amount increased by the inflation adjustment. (2) The funds distributed under paragraph (1) of this subsection shall be used to support the Career Counseling Program for Middle and High School Students established under § 7–127 of this article that is provided collaboratively by the workforce development board, the school, any other relevant State or local agencies, and employers. (3) On or before June 30, 2024, and in each of the next 4 fiscal years, the local workforce development board, in collaboration with the county board and any other relevant State or local agencies, shall report to the Accountability and Implementation Board established under Subtitle 4 of this title on the use of the funds and the impact of the funds on providing career counseling. (4) On or before January 1, 2027, the Accountability and Implementation Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the effectiveness of the Career Counseling Program for Middle and High School Students, including: (i) Whether career counseling services have adequately prepared students for post–college and career readiness pathways, including: 1. Percentage of students who completed a career readiness assessment; 2. Student self–reported confidence levels in career readiness; 3. Number of students participating in career counseling sessions and completing a 6–year career plan by the end of 8th grade; 4. Number of students who participated in career exploration activities, including field trips, college or training center visits, career fairs, or registered apprenticeship programs; 5. Number of students who identified post–college and career readiness pathway preferences; and 6. Percentage of students applying to postsecondary education, career training programs, or registered apprenticeships; (ii) Whether students have received high–quality career opportunities as a result of the Program, including: 1. Number of students participating in registered apprenticeships, internships, job shadowing, or other workplace opportunities facilitated by the Program; 2. Employer satisfaction ratings of student preparedness and performance; 3. Number of students securing a registered apprenticeship or part–time employment related to their field of interest after engaging with the Program before graduation; and 4. Number of new employer collaborations each year; and (iii) Identifying long–term metrics for the Program to determine the Program’s effectiveness in guiding high school students toward satisfactory career paths after completing high school, including consideration of: 1. Employment rate of program graduates within 6 to 12 months post graduation; 2. Percentage of students employed in their field of interest or related industry within 1 year of graduation; 3. Student–reported job satisfaction and career alignment based on follow–up surveys; 4. College persistence and completion rates for students who participated in the Program; and 5. Reduction in the number of students who are unemployed or not participating in a postsecondary education program compared to pre–Program data. (d) (1) In this subsection, “collaborative time per pupil amount” means: (i) For fiscal year 2029, $334; (ii) For fiscal year 2030, $512; (iii) For fiscal year 2031, $698; (iv) For fiscal year 2032, $891; (v) For fiscal year 2033, $1,093; (vi) For fiscal year 2034, $1,306; (vii) For fiscal year 2035, $1,527; and (viii) For each fiscal year thereafter, the collaborative time per pupil amount in the prior fiscal year increased by the inflation adjustment. (2) The collaborative time per pupil amount multiplied by the enrollment count in each county shall be distributed to and expended by schools in each county in accordance with Title 6, Subtitle 10 of this article and the county’s collaborative time implementation plan approved by the Accountability and Implementation Board.

Md. Code, Education § 5-214

(a) (1) In this section the following terms have the meanings indicated. (2) “Additional education appropriation” means the difference between a county’s education appropriation for the prior fiscal year and the county’s local share of the foundation program calculated under § 5–201 of this subtitle. (3) “Additional education effort” means a county’s additional education appropriation divided by the county’s wealth, rounded to seven decimal places. (4) “Guaranteed tax base program per pupil amount” means the lesser of: (i) 20% of the annual per pupil foundation amount; and (ii) The product of a county’s additional education effort and the difference between guaranteed wealth per pupil and local wealth per pupil. (5) “Guaranteed wealth per pupil” means 80% of the statewide wealth per pupil. (b) For fiscal year 2005 and each fiscal year thereafter, the State shall distribute guaranteed tax base grants to county boards as provided in this section. (c) A county board is eligible to receive a guaranteed tax base grant if the county’s: (1) Additional education effort is greater than zero; and (2) Local wealth per pupil is less than the guaranteed wealth per pupil. (d) The amount of the guaranteed tax base grant shall be equal to the product of the county’s guaranteed tax base program per pupil amount and the county’s enrollment count.

Md. Code, Education § 5-215

(a) Subject to subsection (b) of this section, for each of fiscal years 2022 through 2029, the State shall distribute to each county board the following Blueprint Transition Grant amounts: (1) Allegany County………………………………………………. $10,348 (2) Baltimore City……………………………………………. $18,669,201 (3) Baltimore County………………………………………….. $2,953,950 (4) Caroline County……………………………………………… $966,820 (5) Cecil County……………………………………………………. $49,060 (6) Dorchester County………………………………………… $1,321,515 (7) Garrett County…………………………………………….. $1,201,160 (8) Howard County………………………………………………... $41,743 (9) Kent County………………………………………………... $1,005,090 (10) Montgomery County………………………………………. $7,712,745 (11) Prince George’s County………………………………… $20,505,652; and (12) St. Mary’s County………………………………………… $3,251,181. (b) For fiscal years 2025 through 2030, the State shall distribute the following proportion of the Blueprint Transition Grant amount under subsection (a) of this section to each county board: (1) For fiscal year 2025, 85%; (2) For fiscal year 2026, 65%; (3) For fiscal year 2027, 50%; (4) For fiscal year 2028, 35%; (5) For fiscal year 2029, 20%; and (6) For fiscal year 2030 and each fiscal year thereafter, 0%.

Md. Code, Education § 5-216

(a) In this subsection, “comparable wage index (CWI) adjustment” means, for each county, the foundation program multiplied by: (1) 0.000 in Allegany; (2) 0.109 in Anne Arundel; (3) 0.066 in Baltimore City; (4) 0.065 in Baltimore; (5) 0.079 in Calvert; (6) 0.000 in Caroline; (7) 0.000 in Carroll; (8) 0.000 in Cecil; (9) 0.055 in Charles; (10) 0.000 in Dorchester; (11) 0.047 in Frederick; (12) 0.000 in Garrett; (13) 0.073 in Harford; (14) 0.131 in Howard; (15) 0.000 in Kent; (16) 0.166 in Montgomery; (17) 0.129 in Prince George’s; (18) 0.000 in Queen Anne’s; (19) 0.079 in St. Mary’s; (20) 0.000 in Somerset; (21) 0.000 in Talbot; (22) 0.000 in Washington; (23) 0.000 in Wicomico; and (24) 0.000 in Worcester. (b) (1) For fiscal year 2024 and each fiscal year thereafter, in addition to the foundation program each county shall receive a grant to reflect the regional differences of the cost to hire personnel that are due to factors outside of the control of the local jurisdiction. (2) The amount of the grant under this section shall equal, for each county, the product of the CWI adjustment and: (i) 49% in fiscal year 2024; (ii) 49% in fiscal year 2025; (iii) 47% in fiscal year 2026; (iv) 46% in fiscal year 2027; (v) 45% in fiscal year 2028; (vi) 44% in fiscal year 2029; (vii) 43% in fiscal year 2030; (viii) 42% in fiscal year 2031; (ix) 42% in fiscal year 2032; and (x) 41% in fiscal year 2033 and each fiscal year thereafter. (3) Subject to subsection (c) of this section, the State share and local share of the grant calculated under paragraph (2) of this subsection shall be calculated in the same manner as the State share and local share of the foundation program. (c) Each fiscal year the county board shall distribute to each school the minimum school funding amount for the grant calculated under § 5–234 of this subtitle.

Md. Code, Education § 5-217

(a) (1) In this section the following words have the meanings indicated. (2) “CCR per pupil amount” means: (i) For fiscal year 2022, $517; and (ii) For each fiscal year thereafter, the CCR per pupil amount in the prior fiscal year increased by the inflation adjustment. (3) “CCR program amount” means, for each county, the product of the total number of CCR students in the prior school year and the CCR per pupil amount. (4) “CCR student” means a student who is college and career ready, as demonstrated by having met the college and career readiness standard adopted by the State Board under § 7–205.1 of this article. (5) “Local share” means, for each county, the result of the CCR program amount minus the State share rounded to the nearest whole dollar. (6) “State share” means, for each county, the result, rounded to the nearest whole dollar, of the following calculation multiplied by 0.5: (i) Multiply the CCR per pupil amount by the number of CCR students; (ii) Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and (iii) Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties. (7) “Total program amount” means the product of the CCR per pupil amount and the number of CCR students in the State. (b) (1) Each fiscal year, the State shall distribute the State share of the CCR program amount to each county board. (2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for college and career readiness calculated under § 5–234 of this subtitle.

Md. Code, Education § 5-218

(a) The State shall distribute grants as provided under this section to the county boards to provide transportation services for public school students and disabled children for whom transportation is to be provided under § 8–410 of this article. Appropriations for student transportation shall be budgeted in a separate budget category as provided in § 5–101 of this title. If the amount that is appropriated to a county under this section in a fiscal year is more than the actual cost of providing student transportation services in that county, a county board may apply any excess funds to costs of pupil transportation in subsequent years. None of these funds may be paid to or claimed by any subdivision, nor may any of these funds be reverted to any subdivision. A county board may not transfer State revenues from the student transportation category to any other category as a result of this section. (b) For the purpose of calculating the 2004 base grants for student transportation to county boards, the following amounts shall be used as the fiscal year 2003 base grant amounts: (1) Allegany $2,838,327 (2) Anne Arundel $12,716,216 (3) Baltimore City $10,303,967 (4) Baltimore $15,715,504 (5) Calvert $3,294,141 (6) Caroline $1,580,176 (7) Carroll $5,738,454 (8) Cecil $2,997,774 (9) Charles $5,813,595 (10) Dorchester $1,465,299 (11) Frederick $6,620,447 (12) Garrett $1,886,605 (13) Harford $7,277,627 (14) Howard $8,460,292 (15) Kent $985,359 (16) Montgomery $18,663,456 (17) Prince George’s $21,018,217 (18) Queen Anne’s $1,952,856 (19) St. Mary’s $3,673,545 (20) Somerset $1,143,107 (21) Talbot $981,334 (22) Washington $3,784,100 (23) Wicomico $3,001,531 (24) Worcester $1,856,978 (c) (1) In this subsection, “full–time equivalent enrollment” has the meaning stated in § 5–202 of this subtitle. (2) Subject to the limitations under paragraph (3) of this subsection, for fiscal year 2004 and every year thereafter the amount of a county’s base grant for student transportation shall be equal to the amount of the county’s base grant for student transportation for the previous year increased by the same percentage as the increase in the private transportation category of the Consumer Price Index for All Urban Consumers, for the Washington Metropolitan Area, as of July of the fiscal year preceding the year for which the amount is being calculated, plus an additional amount equal to the product of: (i) The total amount of funds distributed by the State as base grants for student transportation for the previous fiscal year divided by the statewide full–time equivalent enrollment for the previous fiscal year; and (ii) The difference between the full–time equivalent enrollment in a county for the current fiscal year and the full–time equivalent enrollment in the county for the previous fiscal year, or, if the full–time equivalent enrollment in a county for the current fiscal year is less than the full–time equivalent enrollment in the county for the previous fiscal year, zero. (3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index may not be less than 1 percent nor more than 8 percent of the amount of the grant for the previous year. (ii) For fiscal year 2011, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index shall be 1 percent of the amount of the grant for the previous year. (iii) For each of fiscal years 2012 through 2015, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index may not be more than 1 percent of the amount of the grant for the previous year. (d) For each fiscal year, in addition to the base grant for student transportation provided under subsection (c) of this section, a disabled student transportation grant shall be distributed to each county board. The amount of the grant to each board shall be equal to the product of the number of disabled students requiring special transportation services who are transported by the county board in the previous fiscal year and: (1) $600 in fiscal year 2004; (2) $700 in fiscal year 2005; (3) $800 in fiscal year 2006; (4) $900 in fiscal year 2007; and (5) $1,000 in fiscal year 2008 and each fiscal year thereafter. (e) For the purposes of determining the amount of the grant provided under subsection (d) of this section, the State Board shall develop a procedure and adopt regulations for determining the number of disabled students transported in each jurisdiction in the previous fiscal year. (f) The State Board shall adopt rules and regulations that provide for the safe operation of the student transportation system of each county board of education.

Md. Code, Education § 5-219

For the regional cost differences of providing education services, the State shall distribute in fiscal year 2022 and 2023 the following amounts to the following county boards: County Board Fiscal Year 2022 Fiscal Year 2023 Anne Arundel $11,279,907 $11,648,498 Baltimore City $23,001,580 $23,399,130 Baltimore $6,714,151 $6,903,262 Calvert $2,441,896 $2,468,678 Carroll $2,581,183 $2,626,795 Charles $4,008,206 $4,119,541 Frederick $7,629,055 $7,829,066 Howard $6,541,811 $6,781,197 Kent $136,228 $137,449 Montgomery $41,131,349 $42,290,391 Prince George’s $47,196,798 $48,807,990 Queen Anne’s $615,392 $630,307 St. Mary’s $259,366 $267,347

Md. Code, Education § 5-221

(a) In this part the following words have the meanings indicated. (b) “Local share” means the county program amount for each county minus the result calculated under subsection (c)(1) of this section for each county rounded to the nearest whole dollar. (c) (1) Except as provided in paragraph (2) of this subsection, “State share” means, for each county, rounded to the nearest whole dollar, the greater of the following calculations multiplied by 0.5: (i) 1. Multiply the per pupil amount by the county’s enrollment applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle; 2. Divide the result calculated under item 1 of this item by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and 3. Multiply the result calculated under item 2 of this item by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item 2 of this item for all counties; or (ii) The result obtained by multiplying the per pupil amount by the county’s enrollment applicable under § 5–222, § 5–224, or § 5–225 of this subtitle and by 0.8. (2) For the concentration of poverty per pupil grant under § 5–223 of this subtitle and for transitional supplemental instruction under § 5–226 of this subtitle, “State share” means the calculation under paragraph (1)(i) of this subsection. (d) (1) Except as provided in paragraph (2) of this subsection, “county program amount” means, for each county, the product of the per pupil amount and the county enrollment applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle. (2) For the per pupil grant in the concentration of poverty program, “county program amount” has the same meaning as “per pupil grant amount” defined under § 5–223 of this subtitle. (e) “Total program amount” means the sum of the county program amount for each county applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle.

Md. Code, Education § 5-222

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Compensatory education enrollment” means: 1. Except as provided in subparagraph (iii) of this paragraph, for fiscal years 2017 through 2026, the greater of: A. The number of students eligible for free or reduced price meals for the prior fiscal year; B. For county boards that participate, in whole or in part, in the United States Department of Agriculture community eligibility provision, the number of students equal to the greater of: I. The sum of the number of students in participating schools identified by direct certification for the prior fiscal year, plus the number of students identified by the income information provided by the family to the school system on an alternative form developed by the Department for the prior fiscal year, plus the number of students eligible for free and reduced price meals from any schools not participating in the community eligibility provision for the prior fiscal year; or II. Subject to paragraph (3) of this subsection, the number of students eligible for free and reduced price meals at schools not participating in the community eligibility provision for the prior fiscal year, plus the product of the percentage of students eligible for free and reduced price meals at participating schools for the fiscal year prior to opting into the community eligibility provision multiplied by the prior fiscal year enrollment; or C. The number of students directly certified and who are enrolled in a public school in the county in the prior fiscal year; and 2. For fiscal year 2027 and each fiscal year thereafter, the greater of: A. The number of students eligible for free or reduced price meals using the United States Department of Agriculture count or the alternative State form for the prior fiscal year; or B. The number of direct certification students who are enrolled in a public school in the county in the prior fiscal year. (ii) For the purpose of the calculation under subparagraph (i)1BII of this paragraph, the schools participating in the community eligibility provision during the pilot year may use the percentage of students identified for free and reduced price meals during the pilot year. (iii) For the purpose of the calculation under subparagraph (i)1 of this paragraph, direct certification multiplied by the multiplier may be used only for schools that did not exist prior to the year the school system opted into the United States Department of Agriculture community eligibility provision. (3) (i) For fiscal years 2022 through 2025, “compensatory education per pupil amount” means the following proportions of the target per pupil foundation amount: 1. For fiscal year 2022, 91%; 2. For fiscal year 2023, 89%; 3. For fiscal year 2024, 87%; and 4. For fiscal year 2025, 86%. (ii) Beginning in fiscal year 2026, “compensatory education per pupil amount” means: 1. For fiscal year 2026, $7,842; 2. For fiscal year 2027, $7,786; 3. For fiscal year 2028, $7,908; 4. For fiscal year 2029, $8,029; 5. For fiscal year 2030, $8,363; 6. For fiscal year 2031, $8,582; 7. For fiscal year 2032, $8,448; 8. For fiscal year 2033, $9,026; and 9. For subsequent fiscal years, the compensatory education per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. (4) “Direct certification” means the certification of the income eligibility of a child under the following programs: (i) Supplemental Nutrition Assistance Program; (ii) Temporary Assistance for Needy Families; (iii) Foster care; (iv) Head Start; (v) Even Start; (vi) Migrant students; (vii) Homeless students; and (viii) Medicaid and the Maryland Children’s Health Program, up to 189% of the federal poverty level. (5) “Eligible for free or reduced price meals” means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture. (b) (1) Each fiscal year, the State shall distribute the State share for compensatory education to each county board. (2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for compensatory education calculated under § 5–234 of this subtitle. (c) (1) Subject to paragraph (3) of this subsection, the State alternative income eligibility form shall be collected by each school that is participating in the United States Department of Agriculture community eligibility provision and may be collected by all other schools. (2) The State alternative income eligibility form shall: (i) Be developed by the Department; (ii) Include a statement indicating that the income information requested on the form is used to determine local and State funding for education; and (iii) Be available in an electronic format and allow a family to opt out of returning the form to the collecting school. (3) A school under paragraph (1) of this subsection may not be required to collect the State alternative income eligibility form until the school year after the form has been adopted by the Department after a period of comment from local school systems.

Md. Code, Education § 5-223

(a) (1) In this section the following words have the meanings indicated. (2) “Community school” means a community school under Title 9.9 of this article. (3) (i) Except as provided in subparagraph (ii) of this paragraph, “concentration of poverty level” means the average percentage of eligible students of the school’s enrollment for the 3 prior school years rounded to the nearest whole percent. (ii) If the 3 prior school years includes the 2020–2021 school year, “concentration of poverty level” means: 1. The sum of the percentage of eligible students of the school’s enrollment for the 4 prior school years minus the 2020–2021 school year percentage of eligible students; divided by 2. Three; and 3. Rounded to the nearest whole percent. (4) (i) “Eligible school” means: 1. For the personnel grant, a public school, including a public charter school, with a concentration of poverty level of: A. For fiscal year 2020, at least 80%; B. For fiscal year 2021, at least 75%; C. For fiscal year 2022, at least 70%; D. For fiscal year 2023, at least 65%; E. For fiscal year 2024, at least 60%; and F. For fiscal year 2025, and each fiscal year thereafter, at least 55%; and 2. For the per pupil grant, a public school, including a public charter school, with a concentration of poverty level of: A. For fiscal year 2022, at least 80%; B. For fiscal year 2023, at least 75%; C. For fiscal year 2024, at least 70%; D. For fiscal year 2025, at least 65%; E. For fiscal year 2026, at least 60%; and F. For fiscal year 2027, and each fiscal year thereafter, at least 55%. (ii) “Eligible school” includes an alternative option program in the local school system if the students in the program are not included in the count of eligible students for another program or school to determine eligibility for the concentration of poverty grant. (iii) “Eligible school” does not include a school that is eligible to receive funding under this section but has closed. (5) “Eligible student” means the compensatory education enrollment as defined in § 5–222 of this subtitle in the second prior fiscal year rounded to the nearest whole number. (6) “Locally funded county” means a county board that receives a compensatory education State share under § 5–221(c)(1)(ii) of this subtitle. (7) “Needs assessment” means the assessment completed under § 9.9–104 of this article. (8) “Per pupil grant amount” means, for all eligible schools in the county, the per pupil amount for each eligible school calculated under subsection (d) of this section multiplied by the number of eligible students in the school. (9) “Per pupil maximum amount” means: (i) For fiscal year 2022, $3,374.48; and (ii) For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment. (10) “Program” means the Concentration of Poverty School Grant Program established under this section. (11) “Sliding scale adjustment factor” means: (i) For fiscal year 2022, $7,422.33; and (ii) For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment. (12) “Sliding scale upper limit” means: (i) For fiscal year 2022, $13,495.15; and (ii) For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment. (13) “State funded county” means a county that is not a locally funded county. (14) “Wraparound services” includes the wraparound services defined under § 9.9–101 of this article. (b) (1) There is a Concentration of Poverty School Grant Program in the State. (2) The purpose of the Program is to provide grants to eligible schools with a high concentration of eligible students. (3) The Program consists of the: (i) Personnel grant; and (ii) Per pupil grant. (c) (1) (i) For fiscal year 2022, the State shall distribute a personnel grant to each county board equal to $248,833 for each eligible school in the county. (ii) In each subsequent fiscal year, the personnel grant equals the personnel grant in the prior fiscal year increased by the inflation adjustment. (iii) Except as provided in subsection (g) of this section, each county board shall distribute directly to each eligible school the amount provided under paragraph (1)(i) and (ii) of this subsection. (2) (i) Each eligible school shall employ one community school coordinator staff position in the eligible school. (ii) 1. Each eligible school shall provide full–time coverage by at least one professional health care practitioner during school hours, including any extended learning time, who is a licensed physician, a licensed physician’s assistant, or a licensed registered nurse, practicing within the scope of the health care practitioner’s license. 2. A health care practitioner providing coverage under this subparagraph may work under a school health services program, a county health department, or a school–based health center. 3. This subparagraph may not be construed to: A. Require that an eligible school hire a full–time health care practitioner staff position; or B. Preclude the hiring of any other health care practitioners that meet the needs of the students. (3) Each eligible school shall use the personnel grant to fund the requirements under paragraph (2) of this subsection. (4) If the personnel grant provided to an eligible school exceeds the cost to employ the positions and provide the coverage required under paragraph (2) of this subsection, the eligible school may only use the excess funds to: (i) Provide wraparound services to the students enrolled in the eligible school; (ii) Complete the needs assessment; and (iii) In fiscal years 2021 through 2025, provide the requirements under COMAR Title 13A, Subtitle 04, including 13A.04.16.01. (5) (i) If an eligible school, prior to receiving a personnel grant, employs an individual in a position or has the coverage required under paragraph (2) of this subsection, at least the same amount of funds shall be provided to the eligible school to be used for those positions or coverage after receiving a personnel grant. (ii) If an eligible school satisfies subparagraph (i) of this paragraph, then the school shall use the personnel grant in accordance with paragraph (4) of this subsection. (6) The community school coordinator shall be subject to the requirements under § 9.9–104 of this article. (7) A county that provides a school nurse, school health services, or community school services from funds outside of those made in the fiscal year 2019 local appropriation to the county board shall continue to provide at least the same resources to an eligible school through fiscal year 2030. (8) If an eligible school becomes ineligible, the school shall remain entitled to the personnel grant for two school years after the school loses eligibility but may not receive the per pupil grant. (9) The personnel and per pupil grant may be used through fiscal year 2027 to provide the programs required under COMAR Title 13A, Subtitle 04, including 13A.04.16.01. (d) (1) (i) 1. Eligible schools with a concentration of poverty level of at least 80% shall receive a per pupil grant beginning in fiscal year 2022. 2. All other eligible schools shall receive the per pupil grant 1 year after becoming eligible and on completion of the needs assessment required under § 9.9–104 of this article. (ii) Except as provided in paragraph (3) of this subsection, each eligible school shall receive a per pupil grant each fiscal year equal to the product of the total number of eligible students in the school and the per pupil amount based on the sliding scale under paragraph (2) of this subsection. (2) (i) The sliding scale per pupil amount shall be calculated as provided in this paragraph. (ii) For schools with a concentration of poverty level less than or equal to 55%, the per pupil amount is $0. (iii) For schools with a concentration of poverty level greater than 55% but less than 80%, the per pupil amount is equal to the product of the concentration of poverty level and the sliding scale upper limit minus the sliding scale adjustment factor. (iv) For schools with a concentration of poverty level equal to or greater than 80% the per pupil amount is the maximum per pupil amount. (3) Except as provided in paragraph (4) of this subsection, each eligible school shall receive the following proportion of the per pupil grant calculated under paragraph (2) of this subsection rounded to the nearest whole dollar: (i) For the 1st year of eligibility, 16%; (ii) For the 2nd year of eligibility, 32%; (iii) For the 3rd year of eligibility, 37%; (iv) For the 4th year of eligibility, 55%; (v) For the 5th year of eligibility, 66%; (vi) For the 6th year of eligibility, 75%; and (vii) For the 7th year of eligibility and each year of eligibility thereafter, 100%. (4) Beginning in fiscal year 2030, each eligible school shall receive 100% of the per pupil grant calculated under paragraph (2) of this subsection rounded to the nearest whole dollar. (e) (1) For a locally funded county each fiscal year, the State shall distribute the State share of the per pupil grant amount to each county board. (2) For a State funded county: (i) The State shall distribute 100% of the per pupil grant amount to each county board; and (ii) There is no local share of the per pupil grant amount. (3) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for the per pupil grant amount calculated under § 5–234 of this subtitle. (f) (1) Except as provided in subsection (g) of this section, each eligible school shall use the per pupil grant to provide wraparound services and other programs and services identified in the eligible school’s needs assessment plan. (2) A local school system may request flexibility in distributing funds through an appeals process established by the Department. (g) (1) Except as provided in paragraph (2) of this subsection, if a local school system has at least 10 eligible schools or if at least 35% of a local school system’s schools are eligible schools: (i) The county board may, on behalf of the eligible schools, expend no more than 50% of the funds distributed for the Program, provided that a plan is developed in consultation with the eligible schools that ensures that the requirements of subsections (c)(2) through (8) and (f)(1) of this section are met and the plan, consistent with the requirements in Title 9.9 of this article, is submitted to the Department; and (ii) In expending funds on behalf of an eligible school a county board may spend funds distributed for the Program costs, that directly benefit an eligible school, including to: 1. Provide central support to effectively manage Program funds; 2. Enter into contracts with outside service providers that support at least 2 eligible schools; 3. Coordinate spending on behalf of eligible schools under subparagraph (i) of this paragraph; and 4. Any other administrative cost as defined by the Department through regulation. (2) Paragraph (1) of this subsection does not apply to a public charter school unless the public charter school chooses to participate in the plan. (3) A county board that expends funds on behalf of eligible schools in the county in accordance with this subsection shall provide to each eligible school: (i) An itemized list of services provided for students and their families that meet the needs identified in the needs assessment of the eligible school; (ii) The amount of funding spent on each service; and (iii) The amount of funding spent on central administrative support for services provided to the school. (4) (i) The Department may adopt policies and procedures to carry out this subsection. (ii) By July 1, 2026, the Department shall adopt regulations to carry out this subsection. (h) On or before October 1, 2021, and each October 1 thereafter, the Department shall submit to the Department of Budget and Management and the Department of Legislative Services the percentage and number of students at each school eligible for free or reduced price meals in the prior school year and each public school’s eligibility for a grant under this program in the upcoming fiscal year. (i) (1) On or before August 15, 2025, and each August 15 thereafter, each community school coordinator of an eligible school shall submit to the Department an evaluation that provides for the immediately preceding school year for the community school coordinator’s eligible school: (i) How funds provided under this section were allocated at the beginning of the school year compared to how the funds were actually used; (ii) The numbers of: 1. Students identified as needing wraparound services; 2. Students and families provided with wraparound services, categorized by the type of service as described under § 9.9–101 of this article; and 3. Families, organizations, and community members who volunteered at the eligible school; (iii) The rates of: 1. Chronic absenteeism; and 2. Student disciplinary action; and (iv) Strategies for reducing the rate of chronic absenteeism identified under item (iii) of this paragraph. (2) Each community school coordinator shall use the evaluation form developed by the Director of Community Schools under § 9.9–103 of this article. (3) The Department shall: (i) Transmit the final report to the Accountability and Implementation Board and make publicly available each evaluation submitted under this subsection; and (ii) On or before December 1, 2024, submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on possible methods for ensuring that funds provided under this section are used appropriately and effectively. (4) (i) On or before December 1, 2028, the Department shall conduct a statewide evaluation of the Program. (ii) The Department shall summarize the results of the findings in a report that the Department shall: 1. Transmit to the Accountability and Implementation Board; 2. Submit to the General Assembly in accordance with § 2–1257 of the State Government Article; and 3. Make publicly available.

Md. Code, Education § 5-224

(a) (1) In this section the following words have the meanings indicated. (2) “English learner enrollment” means the number of students with limited English proficiency in the prior fiscal year. (3) (i) For fiscal years 2022 through 2025, “English learner per pupil amount” means the following proportions of the target per pupil foundation amount: 1. For fiscal year 2022, 100%; 2. For fiscal year 2023, 100%; 3. For fiscal year 2024, 100%; and 4. For fiscal year 2025, 102%. (ii) Beginning in fiscal year 2026, “English learner per pupil amount” means: 1. For fiscal year 2026, $9,041; 2. For fiscal year 2027, $9,148; 3. For fiscal year 2028, $9,327; 4. For fiscal year 2029, $9,613; 5. For fiscal year 2030, $9,794; 6. For fiscal year 2031, $10,069; 7. For fiscal year 2032, $10,232; 8. For fiscal year 2033, $10,510; and 9. For subsequent fiscal years, the English learner per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. (4) “Limited English proficiency” means non–English or limited English proficiency under the reporting requirements established by the Department for the Maryland Comprehensive Assessment Program (MCAP). (b) (1) Each fiscal year, the State shall distribute the State share for English learner education to each county board. (2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for English learners calculated under § 5–234 of this subtitle.

Md. Code, Education § 5-225

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Special education enrollment” means the number of students enrolled in a public school in the prior fiscal year who required special education services as defined in the federal Individuals with Disabilities Education Act. (ii) “Special education enrollment” includes special education students enrolled in a publicly funded prekindergarten program under Title 7, Subtitle 1A of this article. (iii) “Special education enrollment” does not include students who are enrolled in or attend: 1. The Maryland School for the Blind; 2. The Maryland School for the Deaf; or 3. An educational program operated by the State. (3) (i) For fiscal years 2022 through 2025, “special education per pupil amount” means the following proportions of the target per pupil foundation amount: 1. For fiscal year 2022, 86%; 2. For fiscal year 2023, 86%; 3. For fiscal year 2024, 92%; and 4. For fiscal year 2025, 99%. (ii) Beginning in fiscal year 2026, “special education per pupil amount” means: 1. For fiscal year 2026, $9,503; 2. For fiscal year 2027, $10,900; 3. For fiscal year 2028, $12,368; 4. For fiscal year 2029, $14,367; 5. For fiscal year 2030, $16,836; 6. For fiscal year 2031, $17,277; 7. For fiscal year 2032, $17,609; 8. For fiscal year 2033, $18,053; and 9. For subsequent fiscal years, the special education per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. (b) Each school shall use the funds provided under this section to provide the services required by each student’s individualized education program or 504 plans. (c) (1) Each fiscal year, the State shall distribute the State share for special education to each county board. (2) Each fiscal year, the county board shall distribute to each school or publicly funded prekindergarten program the minimum school funding amount for special education calculated under § 5–234 of this subtitle.

Md. Code, Education § 5-226

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Struggling learner” means a kindergarten through grade 3 student who, on the Maryland Comprehensive Assessment Program (MCAP) or on any successor assessment, in the prior fiscal year, scores the equivalent of a 1, 2, or 3 in English language arts or reading on the PARCC assessment. (ii) The number of grade 3 struggling learners shall be used as a proxy for the number of struggling learners in each of kindergarten, grade 1, and grade 2. (3) (i) “Transitional supplemental instruction” means additional academic support for struggling learners using evidence–based programs and strategies that meet the expectations of strong or moderate evidence as defined in the federal Every Student Succeeds Act. (ii) “Transitional supplemental instruction” includes: 1. One–on–one and small–group tutoring of not more than four students with a certified teacher, a teaching assistant, or any other trained professional; 2. Cross–age peer tutoring; and 3. Screening, identifying, and addressing literacy deficits. (4) “Transitional supplemental instruction per pupil amount” means: (i) For fiscal year 2022, $476; (ii) For fiscal year 2023, $665; (iii) For fiscal year 2024, $680; (iv) For fiscal year 2025, $522; (v) For fiscal year 2026, $356; and (vi) For fiscal year 2027 and each fiscal year thereafter, $0. (b) (1) Each school shall use the funds provided under this section to provide transitional supplemental instruction to struggling learners in kindergarten through grade 3. (2) (i) Subject to subparagraph (ii) of this paragraph, priority in providing transitional supplemental instruction shall be given to literacy. (ii) A school district or school may use the funds for additional mathematics instruction if it is determined that this is a priority for the students in the district or school. (3) A school district or school is encouraged to, on a pilot basis, experiment with new evidence–based means of screening, identifying, and addressing literacy deficits. (4) An individual who provides transitional supplemental instruction may be employed by the school district. (5) (i) Each student who receives transitional supplemental instruction shall receive a pre– and post–standardized assessment to evaluate the student’s progress before and after receiving transitional supplemental instruction under this section. (ii) The requirement that a student receive a pre–standardized assessment for literacy in accordance with subparagraph (i) of this paragraph may be satisfied by conducting the reading screening established in § 4–136 of this article. (c) (1) Each fiscal year, the State shall distribute the State share for transitional supplemental instruction to each county board. (2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for transitional supplemental instruction calculated under § 5–234 of this subtitle.

Md. Code, Education § 5-229

(a) (1) In this section the following words have the meanings indicated. (2) “County program amount” means, for each county, the product of the per pupil amount and the prekindergarten enrollment. (3) “Family share” means the amount calculated under subsection (e) of this section rounded to the nearest whole dollar. (4) “Local share” means, for each county, the result of the county program amount minus the State share rounded to the nearest whole dollar. (5) “Per pupil amount” means: (i) In fiscal year 2023, $10,094; (ii) In fiscal year 2024, $11,594; (iii) In fiscal year 2025, $13,003; (iv) In fiscal year 2026, $14,473; (v) In fiscal year 2027, $19,950; (vi) In fiscal year 2028, $19,950; and (vii) In fiscal year 2029 and each fiscal year thereafter, the per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. (6) “Prekindergarten enrollment” means: (i) Beginning in fiscal year 2023, the number of Tier I children enrolled with an eligible prekindergarten provider; and (ii) Beginning in fiscal year 2026, the number of Tier I and Tier II children enrolled with an eligible prekindergarten provider. (7) “State share” means, for each county, rounded to the nearest whole dollar, the following calculations multiplied by 0.5: (i) Multiply the per pupil amount by the county’s prekindergarten enrollment; (ii) Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and (iii) Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties. (8) “Tier I child” has the meaning stated in § 7–1A–01 of this article. (9) “Tier II child” has the meaning stated in § 7–1A–01 of this article. (10) “Tier III child” has the meaning stated in § 7–1A–01 of this article. (11) “Total program amount” means the product of the per pupil amount and the statewide prekindergarten enrollment. (b) To be eligible for public funding, a prekindergarten provider shall comply with Title 7, Subtitle 1A of this article. (c) (1) (i) As calculated under subsection (d) of this section, there is a State share and local share of the per pupil amount for Tier I children. (ii) There is no family share for Tier I children. (2) As calculated under subsection (e) of this section and beginning in fiscal year 2026, there is a State share, local share, and family share of the per pupil amount for Tier II children. (3) Tier III children are not eligible for funding under this section. (d) (1) For public providers, each fiscal year: (i) The State shall distribute the State share to each county board; and (ii) The county board shall distribute to each public provider the minimum school funding amount for prekindergarten calculated under § 5–234 of this subtitle. (2) For private providers, each fiscal year: (i) The State shall distribute the State share for private providers to the Department; (ii) The county shall distribute the local share for private providers to the Department; and (iii) The Department shall distribute the State and local share to the private providers. (e) (1) On or before July 1, 2022, the Department shall establish a sliding scale to calculate the family share required for Tier II children. (2) The sliding scale developed by the Department shall be increased on a linear basis with: (i) A lower limit of $0 per pupil for a family with an income that is 300% of the federal poverty level; and (ii) An upper limit of the per pupil amount for a family with an income that is more than 300% but less than 600% of the federal poverty level. (3) (i) Beginning in fiscal year 2026, the family shall pay the family share to the publicly funded prekindergarten provider. (ii) A county board may provide up to 100% of the family share on behalf of the family. (f) Income–eligible families shall have access to extended day services through the Child Care Scholarship Program under Title 9.5, Subtitle 9 of this article. (g) The Department, county boards, and eligible prekindergarten providers shall work together to address the transportation needs of children enrolled in eligible prekindergarten providers. (h) On or before November 1, 2021, the Department shall report to the Accountability and Implementation Board and, in accordance with § 2–1257 of the State Government Article, the General Assembly on: (1) Plans for an income verification process to determine eligibility for Tier I, Tier II, or Tier III status of a child; (2) Administrative procedures for distributing the funds required under subsection (d) of this section; (3) (i) Providing families with the ability to indicate a preference for the public or private prekindergarten program in which to enroll the child; and (ii) Communicating with families that the ability to choose to enroll a child in a public provider outside the family’s attendance area is available only for prekindergarten; (4) Recommendations for the methodology the Department will use to calculate the State, local, and family share for Tier II children under the sliding scale developed under subsection (e) of this section; and (5) Recommendations on whether to extend the prekindergarten supplemental grant provided under § 5–232 of this subtitle.

Md. Code, Education § 5-230

(a) (1) In this section the following words have the meanings indicated. (2) “Accreditation” means the determination that a program meets quality standards defined by the accrediting agency beyond State child care regulations. (3) “Accrediting agency” means a State agency or national organization that has developed a recognized accrediting process. (4) “Credentialing” means the process through which an individual is awarded a professional certificate based on education and experience. (5) “Early Childhood Education Enhancement Grant” means a grant that is distributed under subsection (f) of this section. (6) “Full day” means a period of time during the day that: (i) Meets the needs of families; and (ii) Is not less than 7 hours or more than 12 hours per day. (7) “Judy Center” means a site where comprehensive early childhood education services are provided to young children and their families for the purpose of promoting school readiness through collaboration with participating agencies and programs. (8) “Judy Center Grant” means a grant that is distributed under subsection (d) of this section. (9) “Local management board” means a local management board as defined under § 8–101(l) of the Human Services Article. (10) “Participating agencies and programs” includes: (i) Public prekindergarten and kindergarten programs; (ii) Head Start programs; (iii) Family literacy programs and services; (iv) Local infants and toddlers programs; (v) Child care centers and family child care homes; (vi) Family support centers; (vii) Healthy family sites; (viii) Parent involvement programs; (ix) Early childhood programs affiliated with institutions of higher education; and (x) Other home visiting, community health, family support services, and child care resource and referral agencies. (11) “Preschool Services Grant” means a grant that is distributed under subsection (e) of this section. (12) “Program” means the Judith P. Hoyer Early Childhood Education Enhancement Program established under this section. (b) (1) There is a Judith P. Hoyer Early Childhood Education Enhancement Program in the Department. (2) The purpose of the Program is to promote school readiness through the development and expansion of collaborative approaches to the delivery of high quality, comprehensive, full–day early childhood education programs and family support services. (c) (1) The Program shall be funded as provided in the State budget. (2) Funds that are allocated to the Program in the State budget may be used: (i) To cover the costs incurred by the Department in implementing and administering the Program; (ii) For Judy Center Grants: 1. As provided under subsection (d) of this section; and 2. If the Department awards multiyear funding under subsection (h) of this section, for planning and development of a Judy Center in the first year of multiyear funding; (iii) For Preschool Services Grants, as provided under subsection (e) of this section; (iv) For Early Childhood Education Enhancement Grants, as provided under subsection (f) of this section; and (v) To fund the statewide implementation of the Department’s Early Childhood Assessment System, as provided under subsection (g) of this section. (3) (i) For each of fiscal years 2021 through 2025, the State shall provide funding for 9 additional Judy Centers per year. (ii) For each of fiscal years 2026 through 2030, the State shall provide funding for 18 additional Judy Centers per year. (iii) The Governor shall appropriate, in each of fiscal years 2021 through 2030, $330,000 for each additional Judy Center required under this paragraph. (iv) The State shall prioritize increasing the number of Judy Centers in communities with Title I schools. (d) The Department may distribute a Judy Center Grant to a county board if the county board submits an application to the Department that includes: (1) A memorandum of understanding between the county board, the participating agencies and programs, and, in the discretion of the county board, the local management board that includes: (i) The terms of the collaboration to be undertaken by the county board, the participating agencies and programs, and, if applicable, the local management board, including the roles and responsibilities of each of these entities; and (ii) A plan for establishing ongoing communication between private service providers and public school early education programs; and (2) Documentation that shows that: (i) The Department’s Early Childhood Assessment System will be implemented at the Center; (ii) All participating agencies and programs that provide early childhood education services through the Center have voluntarily obtained accreditation or, by the date of the Grant application, have voluntarily initiated and are actively pursuing the process of obtaining accreditation; and (iii) The Center will provide comprehensive, full–day early childhood education services and family support services. (e) (1) The Department may distribute a Preschool Services Grant to be used to provide prekindergarten services for 4–year–old children whose birthdays fall on or before September 1 of the school year during which services will be provided and whose family income is below a level set by the Department. (2) Private providers that have voluntarily obtained accreditation or have voluntarily initiated and are actively pursuing accreditation by the date of the grant application must obtain accreditation before receiving a grant award. (f) The Department may distribute an Early Childhood Education Enhancement Grant to a private provider of early childhood education services to be used: (1) To assist the provider in voluntarily obtaining accreditation; or (2) For professional development activities leading to increased competency and appropriate credentialing that is related to early childhood education services. (g) The Department may distribute funds to a county board for the purpose of implementing the Department’s Early Childhood Assessment System in the county’s public schools. (h) (1) The Department shall: (i) Establish application procedures for obtaining Judy Center Grants, Preschool Services Grants, and Early Childhood Education Enhancement Grants as provided under this section; (ii) Supervise and monitor the use of Grant funds distributed under this section; and (iii) Evaluate whether Grant recipients are meeting annual benchmarks established by the Department. (2) For Judy Center Grants, the Department may award multiyear funding. (i) A county board that is selected to receive a Judy Center Grant or a private provider that has been selected for a Preschool Services Grant or an Early Childhood Education Enhancement Grant shall: (1) Administer the Grant award; (2) Submit fiscal and program reports as required by the Department; and (3) Coordinate the involvement of participating agencies and programs in any evaluation process conducted by the Department. (j) Grants awarded under this section may not be used: (1) To supplant existing funding for any services provided by participating agencies and programs; or (2) For capital improvements. (k) The Department shall conduct an evaluation process to measure the effectiveness of: (1) The Judy Centers; and (2) Early childhood education services and family support services that are purchased with funds from Preschool Services Grants and Early Childhood Education Enhancement Grants. (l) On or before November 1 each year, the Department shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report on the implementation of the Program and the participating agencies and programs, including a description of the Program’s and the participating agencies’ and programs’ expenditures, enrollment, and statewide performance data, including school readiness data disaggregated by program and by jurisdiction. (m) The Department may adopt regulations as necessary to implement the Program.

Md. Code, Education § 5-231

(a) The Head Start Program in the State shall be referred to as the Ulysses Currie Head Start Program. (b) For each fiscal year, the Governor shall include in the annual State budget an appropriation of at least $3,000,000 for the Ulysses Currie Head Start Program. (c) A provider in the Ulysses Currie Head Start Program is eligible to receive full State funds under § 5–229 of this subtitle even if the Program receives federal funds.

Md. Code, Education § 5-232

(a) (1) In this section the following words have the meanings indicated. (2) “Eligible child” means a child: (i) Whose parent or guardian enrolls the child in a public prekindergarten program; and (ii) Who is 4 years old on September 1 of the school year in which the parent or legal guardian enrolls the child in a public prekindergarten program. (3) “Eligible county board” means a county board that makes a full–day public prekindergarten program available for eligible children. (4) “State share of the per pupil foundation amount” means the quotient of the State share of the foundation program for a county divided by the full–time equivalent enrollment of the county. (b) For each of fiscal years 2018 through 2022, the State shall provide a supplemental prekindergarten grant to an eligible county board that equals the percentage of the State share of the per pupil foundation amount multiplied by the number of full–time equivalent eligible children enrolled in a public full–day prekindergarten program on September 30 of the previous school year: (1) For fiscal year 2018, 50%; (2) For fiscal year 2019, 75%; (3) For fiscal year 2020, 100%; and (4) For each of fiscal years 2021 and 2022, 100%. (c) The State shall distribute the supplemental prekindergarten grant at the same time the State distributes funds to county boards under this subtitle.

Md. Code, Education § 5-234

(a) (1) Except as provided by paragraph (2) of this subsection and subsections (e) and (f) of this section, for each of the following programs, “minimum school funding” means at least 75% of the per pupil amount applicable to each of the following programs: (i) The foundation program under § 5–213 of this subtitle; (ii) The compensatory education program under § 5–222 of this subtitle; (iii) The English learner education program under § 5–224 of this subtitle; (iv) The special education program under § 5–225 of this subtitle; (v) Public providers of prekindergarten under § 5–229 of this subtitle; (vi) Transitional supplemental instruction under § 5–226 of this subtitle; (vii) The comparable wage index grant under § 5–216 of this subtitle; and (viii) The college and career readiness program under § 5–217 of this subtitle. (2) Except as provided by subsection (e) of this section, for each of the following programs, “minimum school funding” means 100% of the per pupil amount applicable to each of the following programs: (i) Private providers of prekindergarten under § 5–229 of this subtitle; and (ii) The per pupil grant under the concentration of poverty program under § 5–223 of this subtitle. (b) (1) For each school, the county board shall distribute the minimum school funding amount for the applicable program multiplied by the school enrollment for the applicable program. (2) On or before July 1, 2024, for fiscal year 2025, and each July 1 thereafter, each county board shall report on the county board’s compliance with this section to the Department and the Accountability and Implementation Board established under Subtitle 4 of this title. (3) A county board may request a waiver under § 5–406 of this title from this provision for reasons including: (i) A significant shift in total school–level enrollment between the prior year and the current year; (ii) A significant shift in school–level enrollment of at–promise students between the prior year and the current year; and (iii) A significant difference in the amount of funding provided through the formula and the amount of expenditures necessary for a category of at–promise students. (c) On or before July 1, 2023, the Department shall, in collaboration with the Accountability and Implementation Board established under Subtitle 4 of this title: (1) Implement a financial management system and student data system capable of tracking and analyzing the requirements under this section and integrating local school system data; and (2) Update the “Financial Reporting Manual for Maryland Public Schools” to ensure uniformity in reporting expenditures for each school. (d) For fiscal years 2023 and 2024, each county board and the Department shall report to the Accountability and Implementation Board established under Subtitle 4 of this title expenditures for each school in accordance with the federal Every Student Succeeds Act requirements for reporting expenditures. (e) (1) A county board may exclude from the requirements of this section, countywide obligations and contracts for goods and services that cannot be allocated at the school level. (2) If a county board makes the exclusion under paragraph (1) of this subsection, the county board shall report the reason for the exclusion to the Department. (f) For the purposes of this section, subsection (a)(1)(iv) of this section may be reported in the aggregate for each county.

Md. Code, Education § 5-235

(a) (1) (i) Subject to subsection (o) of this section and beginning in fiscal year 2023, the county governing body shall levy and appropriate an annual tax sufficient to provide an amount of revenue for elementary and secondary public education purposes equal to the local share of major education aid as adjusted under § 5–239 of this subtitle. (ii) For the purposes of calculating the local share of major education aid and regardless of the source of the funds, all funds that a county board, including the Baltimore City Board of School Commissioners, is authorized to expend for schools may be considered as levied by the county council, board of county commissioners, or the Mayor and City Council of Baltimore except for: 1. State appropriations; 2. Federal education aid payments; and 3. The amount of the expenditure authorized for debt service and capital outlay. (2) Subject to subsection (o) of this section and except as provided in subsection (a–1) of this section, the county governing body shall appropriate local funds to the school operating budget in an amount no less than the product of the county’s enrollment count for the current fiscal year and the local appropriation on a per pupil basis for the prior fiscal year using enrollment count. (a–1) For fiscal year 2023, the county governing body shall appropriate to the school operating budget the greater of: (1) The local share of major education aid under subsection (a)(1) of this section; or (2) (i) For Allegany County, $31,854,912; (ii) For Anne Arundel County, $784,741,000; (iii) For Baltimore City, $275,513,758; (iv) For Baltimore County, $888,261,619; (v) For Calvert County, $134,705,250; (vi) For Caroline County, $16,080,832; (vii) For Carroll County, $204,617,860; (viii) For Cecil County, $89,196,266; (ix) For Charles County, $200,686,400; (x) For Dorchester County, $20,937,715; (xi) For Frederick County, $316,348,012; (xii) For Garrett County, $28,705,313; (xiii) For Harford County, $293,812,984; (xiv) For Howard County, $628,300,000; (xv) For Kent County, $18,559,629; (xvi) For Montgomery County, $1,752,662,235; (xvii) For Prince George’s County, $766,762,200; (xviii) For Queen Anne’s County, $62,559,389; (xix) For St. Mary’s County, $114,540,490; (xx) For Somerset County, $10,490,432; (xxi) For Talbot County, $43,905,596; (xxii) For Washington County, $106,847,824; (xxiii) For Wicomico County, $49,135,024; and (xxiv) For Worcester County, $97,117,331. (b) (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, for purposes of this section, the local appropriation on a per pupil basis for the prior fiscal year for a county is derived by dividing the county’s highest local appropriation to its school operating budget for the prior fiscal year by the county’s enrollment count for the prior fiscal year. For example, the calculation of the foundation aid for fiscal year 2003 shall be based on the highest local appropriation for the school operating budget for a county for fiscal year 2002. Program shifts between a county operating budget and a county school operating budget may not be used to artificially satisfy the requirements of this paragraph. (2) For fiscal year 2024, the following amounts shall be subtracted from the county’s fiscal year 2023 highest local appropriation: (i) For Allegany County, $384,498; (ii) For Anne Arundel County, $10,291,149; (iii) For Baltimore County, $41,682,056; (iv) For Calvert County, $2,109,359; (v) For Carroll County, $7,549,762; (vi) For Charles County, $7,074,539; (vii) For Frederick County, $9,076,061; (viii) For Garrett County, $342,058; (ix) For Harford County, $19,512,731; (x) For Howard County, $23,479,884; (xi) For Kent County, $488,031; (xii) For Montgomery County, $30,992,076; (xiii) For Queen Anne’s County, $406,525; and (xiv) For St. Mary’s County, $6,110,337. (c) (1) For purposes of this subsection, the calculation of the county’s highest local appropriation to its school operating budget for the prior fiscal year shall exclude: (i) A nonrecurring cost that is supplemental to the regular school operating budget, if the exclusion qualifies under regulations adopted by the State Board; (ii) A cost of a program that has been shifted from the county school operating budget to the county operating budget; (iii) The cost of debt service incurred for school construction projects; and (iv) For a county that shifts the recurring costs associated with providing retiree health benefits for current retirees to the county board, any reduction in those retiree health costs from the amount the county was required to appropriate in the previous year. (2) For purposes of the adjustment required under subsection (a)(2)(ii) of this section, a county that dedicates to public school construction any additional State funds received from recurring retiree health costs shifted to the county board may exclude those retiree health costs from the highest local appropriation on a per pupil basis. (d) The county board must present satisfactory evidence to the county government that any appropriation under subsection (c)(1) of this section is used only for the purpose designated by the county government in its request for approval. (e) Any appropriation that is not excluded under subsection (c)(1) of this section as a qualifying nonrecurring cost shall be included in calculating the county’s highest local appropriation to its school operating budget. (f) Qualifying nonrecurring costs, as defined in regulations adopted by the State Board, shall include but are not limited to: (1) Computer laboratories; (2) Technology enhancement; (3) New instructional program start–up costs; and (4) Books other than classroom textbooks. (g) (1) Subject to paragraph (2) of this subsection, if a county’s ability to fund the maintenance of effort requirement in subsection (a) of this section is impeded, the county shall apply under subsection (h) of this section to the State Board for a waiver. (2) If a county fails to apply to the State Board for a waiver from the maintenance of effort requirement and fails to meet the maintenance of effort requirement: (i) The county shall be assessed in accordance with subsection (o) of this section; and (ii) The minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section. (h) (1) The maintenance of effort requirement in subsection (a) of this section does not apply to a county if the county requests and is granted a waiver from the requirement by the State Board based on: (i) A determination under this subsection that the county’s fiscal condition significantly impedes the county’s ability to fund the maintenance of effort requirement; (ii) Subject to subsection (i) of this section, an agreement between the county and the county board to reduce recurring costs; (iii) Subject to subsection (j) of this section, a determination that a county’s ability to meet the maintenance of effort requirement is permanently impeded; or (iv) Subject to subsection (k) of this section, a determination that lease payments were made by the county board to a county revenue authority or private entity holding title to property used as a public school by a county board in accordance with § 4–114(c)(1) or (d) of this article. (2) In order to qualify for a waiver for a fiscal year, a county shall make a request for a waiver to the State Board by the earlier of the seventh day following the end of the legislative regular session or April 20 of the prior fiscal year. (3) The State Superintendent shall provide a preliminary assessment of a waiver request to the State Board before a public hearing held in accordance with paragraph (4) of this subsection. (4) Before acting on a request for a waiver, the State Board shall hold a public hearing in accordance with regulations adopted by the State Board. (5) Except as provided in subsection (i) of this section, when considering whether to grant a county’s waiver request, the State Board shall consider the following factors: (i) External environmental factors such as a loss of a major employer or industry affecting a county or a broad economic downturn affecting more than one county; (ii) A county’s tax base; (iii) Rate of inflation relative to growth of student population in a county; (iv) Maintenance of effort requirement relative to a county’s statutory ability to raise revenues; (v) A county’s history of exceeding the required maintenance of effort amount under subsection (a)(2) of this section; (vi) An agreement between a county and a county board that a waiver should be granted; (vii) Significant reductions in State aid to a county and municipalities of the county for the fiscal year for which a waiver is requested; (viii) The number of waivers a county has received in the past 5 years; and (ix) The history of compensation adjustments for employees of the county board and county government. (6) The State Board shall inform the county whether the waiver for a fiscal year is approved or denied in whole or in part no later than 30 days after receipt of an application or May 20 of the prior fiscal year, whichever is earlier. (7) Except as provided in subsections (i) and (j) of this section, if a county is granted a waiver from the provisions of this section by either the State Board or the General Assembly for any fiscal year, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section. (i) (1) This subsection applies to a county that requests a waiver under subsection (h)(1)(ii) of this section. (2) (i) The State Board shall grant a waiver request in the amount that has been agreed on by the county and county board that is attributable to reductions in recurring costs. (ii) If the reduction in recurring costs includes reductions in personnel or personnel costs, then the State Board shall grant a waiver request in the amount that has been mutually agreed on by the county, county board, and exclusive employee representative. (3) The amount of the agreed on waiver may be less than the entire amount of the reduction in recurring costs. (4) The amount of the agreed on waiver may not: (i) Exceed the entire amount of the reduction in recurring costs; or (ii) Reduce a county’s education appropriation below the amount required in subsection (a)(1) of this section. (5) The minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection. (j) (1) In this subsection the following terms have the meanings indicated. (i) “Education appropriation” includes any money redirected to a county board under subsection (o) of this section. (ii) “Education effort” means a county’s education appropriation divided by the county’s wealth. (iii) “5–year moving average” means the average of the 5 years before the waiver year. (iv) “Waiver year” means the fiscal year for which a waiver from the maintenance of effort requirement in subsection (a) of this section is requested. (2) This subsection applies to a county that has: (i) Received a waiver under subsection (h)(1)(i) of this section from the maintenance of effort requirement; and (ii) A required county education appropriation under subsection (a) of this section for the waiver year that exceeds 100% of the statewide 5–year moving average of education effort times a county’s local wealth. (3) A county that satisfies the requirements under paragraph (2) of this subsection may request a rebasing waiver from the State Board. (4) When considering whether to grant a county’s waiver request under this subsection, the State Board shall consider the following factors: (i) Whether a county has submitted sufficient evidence that the factors in subsection (h)(5) of this section will affect a county’s ongoing ability to meet the maintenance of effort requirement; (ii) Whether a county is at its maximum taxing authority under the law; (iii) Whether a county’s education appropriation is commensurate with a county’s wealth; (iv) Whether a county’s history of exceeding the required maintenance of effort has made meeting the maintenance of effort requirement in future years unsustainable; and (v) Whether a county has received a rebasing waiver in the past 5 years. (5) If the State Board grants a rebasing waiver under this subsection, the amount of the waiver for any fiscal year is limited to the lesser of: (i) An amount that would result in a county’s education effort for the waiver year falling below the level established in paragraph (2)(ii) of this subsection; or (ii) 1. For a county with a 5–year moving average for education effort that is less than or equal to 110% of the statewide 5–year moving average of education effort, 1% of the county’s required maintenance of effort requirement; 2. For a county with a 5–year moving average for education effort that is more than 110% and less than or equal to 120% of the statewide 5–year moving average of education effort, 2% of the county’s required maintenance of effort requirement; or 3. For a county with a 5–year moving average for education effort that is more than 120% of the 5–year moving statewide average of education effort, 3% of the county’s required maintenance of effort requirement. (6) (i) If the State Board grants a rebasing waiver under this subsection, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection. (ii) If the State Board grants a rebasing waiver to be implemented over a multiyear period, which may not exceed 3 years, in each year the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection. (7) If the State Board does not grant a waiver under this subsection, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section. (8) Nothing in this subsection precludes a county from also requesting a waiver from the maintenance of effort requirement under subsection (i) of this section for the same fiscal year as the waiver requested under this subsection. (k) (1) This subsection applies to a county that requests a waiver under subsection (h)(1)(iv) of this section. (2) (i) The State Board shall grant a waiver request in the amount that has been agreed on by the county and the county board that is attributable to the amount of the lease payment. (ii) The amount of the agreed–on waiver may be less than the entire amount of the lease payment. (iii) The amount of the agreed–on waiver may not: 1. Exceed the entire amount of the lease payment; or 2. Reduce a county’s education appropriation below the amount required in subsection (a)(1) of this section. (3) If the county and county board have not agreed on an amount, the State Board may grant a waiver on a determination that the lease payments are comparable to the amount of debt service that would otherwise be required if the alternative financing had not been used. (4) If the State Board grants a waiver under this subsection, the State Board shall determine the number of fiscal years for which the waiver is applicable and the minimum appropriation of local funds required under this section for the fiscal year after the expiration of the waiver. (l) In making the calculations required under this section, the Department shall consult with the Department of Budget and Management and the Department of Legislative Services. (m) (1) A county shall submit to the Superintendent the county’s approved budget no later than 7 days after approval of the budget or June 30, whichever is earlier. (2) No later than 15 days after receipt of the county’s approved budget the Superintendent shall certify whether the county has met the funding requirements established under this section and shall notify the county and county board of that certification. (n) On or before December 31 of each year the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on all waiver requests, maintenance of effort calculations made by the Department and the county, the Department’s decisions regarding waiver requests, the Department’s certification of whether a county has met the requirement, and any other information relating to a county’s request for a waiver and the Department’s maintenance of effort decisions. (o) (1) If the Superintendent finds that a county is not complying with the provisions of subsection (a) of this section, the Superintendent shall notify the county of such noncompliance. (2) If a county disputes the finding within 15 days after the issuance of a notice under paragraph (1) of this subsection, the dispute shall be referred promptly to the State Board for a final determination. (3) (i) Within 15 days of receipt of certification of noncompliance by the Superintendent or the State Board and subject to subparagraph (ii) of this paragraph, the Comptroller shall, under § 2–608 of the Tax – General Article, withhold income tax revenue from the county so that the total amount withheld is equal to the amount by which a county failed to meet the requirements in subsection (a) of this section. (ii) The Comptroller shall distribute the amount withheld under subparagraph (i) of this paragraph directly to the county board.

Md. Code, Education § 5-236

(a) (1) The State Board may accept for the State: (i) Any appropriation of money for educational purposes and subsidized or free feeding programs for the public schools that is made out of the federal treasury by an act of Congress; and (ii) Any additional funds directed to the State Board by an act of Congress or federal regulation. (2) The State Board is the educational authority for the expenditure and administration of these funds. (b) (1) All of these funds received by the State shall be received into the State Treasury. (2) On warrant of the State Comptroller, the State Treasurer may: (i) Receive and provide for the proper custody of these funds; and (ii) Make disbursements on the order of the State Board according to the procedure established for the State Treasurer.

Md. Code, Education § 5-237

(a) The State Board shall distribute grants each year to organizations that: (1) Promote literacy at an early age during well child visits in a health care setting; and (2) Solicit the corporate community for funding for promoting literacy at an early age. (b) An organization that is awarded a grant by the State Board under this section shall use the grant to: (1) Purchase books to be distributed at well child visits in the health care setting; and (2) Train pediatricians and other health care providers on methods of promoting literacy to all Maryland children. (c) In fiscal year 2001 and every fiscal year thereafter, the Governor shall include funds in the State budget to implement this section. (d) The State Board may adopt regulations to implement this section.

Md. Code, Education § 5-239

(a) (1) Under this section a county may be eligible for a reduction in the local share of major education aid required under § 5–235(a)(1) of this subtitle. (2) A reduction in the local share of major education aid under this section may not reduce the local share below the per pupil appropriation required under § 5–235(a)(2) of this subtitle. (3) If a reduction in the local share of major education aid under this section would result in a local share that is less than the requirement under § 5–235(a)(2) of this subtitle, the State distributions required under this section shall be reduced. (4) For the purposes of § 5–205 of this subtitle, State distributions required under this section shall be included in the State share of major education aid. (b) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Education effort adjustment” equals the local share of major education aid minus the maximum local share. (iii) “Education effort index” means local education effort divided by the State average education effort. (iv) “Local education effort” means, for each county, the county’s local share of major education aid divided by the county’s wealth and rounded to the nearest seven decimal places. (v) “Major education aid” has the meaning stated in § 5–201(l) of this subtitle minus item (9) of § 5–201(l) of this subtitle. (vi) “Maximum local share” equals the local wealth multiplied by the State average education effort. (vii) “State average education effort” equals the local share of major education aid for all counties divided by the wealth of all counties and rounded to the nearest seven decimal places. (2) (i) A county is eligible for the education effort adjustment if the education effort index is greater than 1 for 2 consecutive fiscal years. (ii) Subject to subsection (a) of this section, the required local share of major education aid is reduced by the amount provided by the State under this subsection. (3) For each county, if the education effort index is greater than 1 but less than 1.15, the State shall distribute to the county board the following proportion of the education effort adjustment and the county shall provide the remainder: (i) For fiscal year 2022, 10%; (ii) For fiscal year 2023, 15%; (iii) For fiscal year 2024, 20%; (iv) For fiscal year 2025, 25%; (v) For fiscal year 2026, 30%; (vi) For fiscal year 2027, 35%; (vii) For fiscal year 2028, 40%; (viii) For fiscal year 2029, 45%; and (ix) For fiscal year 2030 and each fiscal year thereafter, 50%. (4) For each county, if the education effort index is at least 1.15 but less than 1.27, the State shall distribute to the county board the following proportion of the education effort adjustment and the county shall provide the remainder: (i) For fiscal year 2022, 20%; (ii) For fiscal year 2023, 20%; (iii) For fiscal year 2024, 35%; (iv) For fiscal year 2025, 45%; (v) For fiscal year 2026, 55%; (vi) For fiscal year 2027, 65%; (vii) For fiscal year 2028, 75%; (viii) For fiscal year 2029, 85%; and (ix) For fiscal year 2030 and each fiscal year thereafter, 100%. (5) For each county, if the education effort index is at least 1.27, for fiscal year 2022 and each fiscal year thereafter, the State shall distribute to the county board 100% of the education effort adjustment. (c) (1) Except as provided in paragraph (2) of this subsection and subject to the limitation in subsection (a) of this section, the local share of major education aid shall be reduced by the amount of State funds provided to a county board under § 5–214 of this subtitle. (2) For Baltimore City, the local share of major education aid may be reduced only by the amount by which the State funds provided under § 5–214 of this subtitle exceeds $10,000,000. (d) Subject to the limitation in subsection (a) of this section, the local share of major education aid shall be reduced by: (1) The sum of the amount of State funds provided to a county board in a county that is eligible for the minimum State funding under the foundation program as defined in § 5–201(q)(2) of this subtitle and the difference between the local share of the foundation program and the foundation program; and (2) The amount by which the sum of the State share and local share of the at–promise programs as defined in § 5–221 of this subtitle exceeds the total program amount as defined in § 5–221 of this subtitle for each program. (e) Subject to the limitation in subsection (a) of this section, the local share of major education aid for counties with an index of at least 0.130 under § 5–216 of this subtitle shall be reduced by the amount equal to 50% of the local share calculated under § 5–216 of this subtitle.

Md. Code, Education § 5-240

(a) (1) Beginning in fiscal year 2021, the Governor shall appropriate in the annual budget $6,500,000 to the Department for the purpose of providing grants to maintain or establish school–based health centers. (2) (i) 1. The Department shall designate a primary contact employee for school–based health centers. 2. The Department’s primary contact employee shall: A. Assist individuals involved in school–based health centers who interact with the Department; B. Provide technical assistance to support the establishment and expansion of school–based health centers; and C. Coordinate the Department’s efforts with those of the Maryland Department of Health and other government agencies to build a robust network of school–based health centers in the State. (ii) 1. The Maryland Department of Health shall designate a primary contact employee for school–based health centers. 2. The Maryland Department of Health’s primary contact employee shall: A. Assist individuals involved in school–based health centers who interact with the Maryland Department of Health; B. Provide technical assistance to support the establishment and expansion of school–based health centers; and C. Coordinate the Maryland Department of Health’s efforts with those of the Department and other government agencies to build a robust network of school–based health centers in the State. (b) The amount appropriated under subsection (a) of this section shall be in addition to the amount appropriated in fiscal year 2020.

Md. Code, Education § 5-241

The Governor shall include in the annual budget bill funding sufficient to carry out the Blueprint for Maryland’s Future in accordance with the following sections: (1) §§ 5–411 and 5–412 of this title; (2) §§ 6–122, 6–124, 6–1008, and 6–1011 of this article; (3) §§ 7–202.1, 7–205.1, and 7–446.1 of this article; and (4) § 21–207 of this article.

Md. Code, Education § 5-242

(a) (1) In this section the following words have the meanings indicated. (2) “Initiative” means the Maryland Early Literacy Initiative. (3) “Interventionist” means a trained professional whose primary responsibility is to deliver evidence–based early literacy intervention. (4) “Literacy program” means a literacy program implemented by an interventionist. (5) “Nonprofit organization” means a nonprofit organization that: (i) Is based in the State; (ii) Is incorporated or registered under the laws of the State; (iii) Is exempt from federal income tax under § 501(c)(3), (4), or (6) of the Internal Revenue Code; (iv) Is current in the payment of all tax obligations to the State or any unit or subdivision of the State; and (v) 1. Has been in active business for 3 years or more at the time of the application submitted under this section; or 2. Has a fiscal sponsor who can meet the requirements of this section. (6) “Participating student” means a student: (i) In prekindergarten through eighth grade; or (ii) Who performs below a certain score, as determined by the Department, on the assessment the Department uses to assess reading level. (7) “Qualifying school” means a public school categorized by the local school system as a Title I school. (b) (1) There is a Maryland Early Literacy Initiative in the Department. (2) The purpose of the Initiative is to assist up to 50 qualifying schools to implement an evidence–based literacy program in the school to work with participating students to meet literacy proficiency targets by the end of eighth grade or other literacy targets as determined by the Department. (3) The Initiative shall be established in at least three counties. (4) The Initiative shall be developed and administered by the Department. (c) (1) (i) For the 2018–2019 school year through the 2021–2022 school year, a qualifying school may apply to the Department to receive a grant for the qualifying school to develop a literacy program that is in furtherance of the purpose of the Initiative. (ii) A qualifying school may apply for a grant only if the county superintendent endorses the school’s grant application. (iii) A qualifying school may coordinate and partner with other qualifying schools in the county to jointly apply for a grant to develop a literacy program among the partnering qualifying schools. (iv) A county board may apply on behalf of one or more qualifying schools in the county. (2) An application shall: (i) Identify whether the qualifying school will work in collaboration with a nonprofit organization or the county board to implement the literacy program; (ii) Provide the name and qualifications of the nonprofit organization, if the qualifying school will work in collaboration with a nonprofit organization; (iii) Include a description of: 1. The literacy program to be implemented at the qualifying school; 2. The training that will be provided to the interventionist to provide the services under this section; and 3. How the literacy program will meet the requirements under subsection (d) of this section; and (iv) Include any other information required by the Department. (3) If the number of applications exceeds the number of available grants, the Department shall give priority in awarding grants to a qualifying school serving a high concentration of students living in poverty in prekindergarten through third grade. (d) A literacy program developed under the Initiative shall: (1) Provide early literacy intervention services for participating students; (2) Require participating students to receive direct services at least twice a week; (3) Have clear literacy targets at each grade level for participating students; (4) Have benchmark assessments multiple times a year to identify students who need one–on–one interventions; and (5) Collect data on student progress at least monthly. (e) The literacy program developed at a qualifying school under the Initiative shall be implemented by staff hired and supervised by the collaborating nonprofit organization or the county board. (f) (1) (i) For fiscal years 2019 through 2022, the Governor shall include in the annual budget bill an appropriation of $2,500,000 to the Department for the Initiative. (ii) The Department may retain up to 3% of the appropriation required to be included in the annual budget bill under subparagraph (i) of this paragraph to hire staff necessary to administer the Initiative. (2) (i) The Department shall distribute up to 50 grants for a 2–year period. (ii) In awarding grants under the Initiative, the Department shall make every effort to ensure that qualifying schools use literacy programs that utilize various evidence–based approaches and methodologies for: 1. Comparison purposes; and 2. The collection of multiple data points for long–term review. (3) A grant made to each qualifying school may not exceed $75,000 each year. (4) A grant made under this section shall be renewed by the Department after a 2–year period if the qualifying school presents evidence that the qualifying school is: (i) In compliance with this section; and (ii) Meeting identified targets and benchmarks. (5) Each qualifying school may apply for and accept donations, grants, or other financial assistance from a governmental entity, a nonprofit organization, or any other private organization to benefit the literacy program. (g) On or before July 1, 2018, the Department shall adopt regulations necessary to carry out the provisions of this section. (h) On or before December 1, 2022, the Department shall submit an evidence–based report summarizing the status of efforts under the Initiative, including recommendations to increase the success of the Initiative, to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means.

Md. Code, Education § 5-243

(a) In this section, “Fund” means the Maggie McIntosh School Arts Fund. (b) There is a Maggie McIntosh School Arts Fund. (c) The purpose of the Fund is to provide grants to public schools in Baltimore City to purchase art supplies for classrooms. (d) Arts Every Day shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) Revenue distributed to the Fund under § 9–120(b)(1)(viii) of the State Government Article; (2) Money appropriated in the State budget to the Fund; (3) Interest earnings or other income earned from the investment of any money from the Fund; and (4) Any other money from any other source accepted for the benefit of the Fund. (g) The Fund shall be used to expand the arts curriculum for students in public schools in Baltimore City with grants to: (1) Purchase art supplies for classrooms; and (2) Provide arts experiences. (h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (i) Expenditures from the Fund may be made only in accordance with the State budget.

Md. Code, Education § 5-301

In this subtitle, “Interagency Commission” means the Interagency Commission on School Construction established under § 5–302 of this subtitle.

Md. Code, Education § 5-302

(a) There is an Interagency Commission on School Construction. (b) The Interagency Commission is an independent unit of State government. (c) The purpose of the Interagency Commission is to develop and approve policies, procedures, guidelines, and regulations on State school construction allocations to local jurisdictions in an independent and merit–based manner. (d) The Interagency Commission consists of the following members: (1) The State Superintendent of Schools, or the Superintendent’s designee; (2) The Secretary of Planning, or the Secretary’s designee; (3) The Secretary of General Services, or the Secretary’s designee; (4) Two members of the public appointed by the Governor; (5) Two members of the public appointed by the President of the Senate; and (6) Two members of the public appointed by the Speaker of the House. (e) The Governor, President of the Senate, and Speaker of the House jointly shall select the Chair of the Interagency Commission. (f) (1) An appointed member of the Interagency Commission may not be: (i) An individual who is a regulated lobbyist as described in § 5–702(a)(1), (2), (3), or (4) of the General Provisions Article; (ii) A federal, State, or local elected official; (iii) An employee of State or county government or a county board of education; or (iv) An individual who has a business interest in, or contracts related to, school construction in any jurisdiction in the State. (2) An appointed member of the Interagency Commission may be removed for incompetence, misconduct, or failure to perform the duties of the position by: (i) The Governor, if appointed by the Governor; (ii) The President of the Senate, if appointed by the President of the Senate; or (iii) The Speaker of the House, if appointed by the Speaker of the House. (g) An appointed member of the Interagency Commission: (1) May not receive compensation as a member of the Commission; but (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (h) (1) The Interagency Commission is a public body and subject to Title 3 of the General Provisions Article. (2) Deliberations and decisions regarding the eligibility of projects and allocation of funding shall be considered quasi–legislative functions for the purposes of the Open Meetings Act. (i) (1) The Interagency Commission may employ staff, including contractual staff, in accordance with the State budget. (2) The Interagency Commission shall appoint an Executive Director of the Interagency Commission. (3) (i) The Department or any other State agency may lend its employees to serve as the staff for the Interagency Commission. (ii) These employees shall be paid by the agency that employs them.

Md. Code, Education § 5-303

(a) (1) (i) The Interagency Commission shall define by regulation what constitutes an eligible and ineligible public school construction or capital improvement cost. (ii) Except as provided in paragraph (4) of this subsection, in order for the cost of an item or a system funded with the proceeds of general obligation bonds to be considered an eligible cost, it must have a median useful life of at least 15 years. (2) (i) The Interagency Commission shall include modular construction as an approved public school construction or capital cost. (ii) The Interagency Commission shall adopt regulations that: 1. Define modular construction; and 2. Establish the minimum specifications required for approval of modular construction as a public school construction or capital improvement cost. (3) The cost of acquiring land may not be considered a construction or capital improvement cost and may not be paid by the State. (4) The Interagency Commission shall adopt regulations for the Public School Construction Program that: (i) Include architectural, engineering, consulting, and other planning costs as eligible public school construction or capital improvement costs for a project or improvement that has received local planning approval from the Interagency Commission; and (ii) Define eligibility for all furniture, fixtures, and equipment with a median useful life of at least 15 years. (b) The Interagency Commission, in consultation with the Department of General Services and the Department of Housing and Community Development, shall adopt regulations establishing criteria designed to enhance indoor air quality for the occupants of relocatable classrooms constructed after July 1, 2014, that are purchased or leased using State or local funds, including specifications that: (1) Require each unit to include appropriate air barriers to limit infiltration; (2) Require that each unit be constructed in a manner that provides protection against water damage through the use of proper roofing materials, exterior sheathing, water drainage systems, and flashing; (3) Require that each unit provide continuous forced ventilation when the unit is occupied; (4) Require each unit to include a programmable thermostat; (5) Require each unit to be outfitted with energy efficient lighting and heating and air–conditioning systems; and (6) Mandate that each unit be constructed with building materials that contain low amounts of volatile organic compounds (VOC) in accordance with industry standards. (c) The State shall pay the costs in excess of available federal funds of the State share of public school construction projects and public school capital improvements in each county if: (1) The projects or improvements have been approved by the Interagency Commission; and (2) Contracts have been executed on or after July 1, 1971, for the projects or improvements. (d) (1) The Interagency Commission may adopt regulations for the administration of the programs provided for in this section. (2) The regulations adopted by the Interagency Commission may contain requirements for: (i) The submission of other data or information that is relevant to school construction or capital improvement; (ii) The approval of sites, plans, and specifications for the construction of new school buildings or the improvement of existing buildings; (iii) Site improvements; (iv) Competitive bidding; (v) The hiring of personnel in connection with school construction or capital improvements; (vi) The actual construction of school buildings or their improvements; (vii) The relative roles of different State and local governmental agencies in the planning and construction of school buildings or school capital improvements; (viii) School construction and capital improvements necessary or appropriate for the proper implementation of this section; (ix) The establishment of priority public school construction programs; (x) Development of cooperative arrangements that permit the sharing of facilities among two or more school systems; (xi) The selection of architects and engineers by school systems; (xii) The award of contracts by school systems; (xiii) Methods of payments made by the State under the Public School Construction Program; and (xiv) The use of a standard statewide computerized maintenance management system for school facilities maintenance work order tracking and reporting. (3) The regulations adopted by the Interagency Commission shall contain provisions: (i) Subject to paragraph (6) of this subsection and subsection (k) of this section, establishing a State and local cost–share formula for each county that identifies the factors used in establishing the formulas and the actual State and local cost–share percentages by the formula for each county; (ii) Requiring local education agencies to adopt educational facilities master plans and annual capital improvement programs; (iii) Subject to subsection (l) of this section, providing a method for establishing a maximum State construction allocation for each project approved for State funding; (iv) Referencing the policies stated in § 5–7B–07 of the State Finance and Procurement Article; (v) Requiring local school systems to adopt procedures consistent with the minority business enterprise policies of the State as required under the Code of Maryland Regulations; (vi) Establishing a process for appeal of Interagency Commission decisions, including an appeal process specifically for approved enrollment projections for individual projects to the full Interagency Commission; (vii) Requiring local education agencies to adopt, implement, and periodically update comprehensive maintenance plans and preventative maintenance plans; (viii) Authorizing the Interagency Commission to withhold State public school construction funds from a local education agency that fails to comply with the requirements of item (vii) of this paragraph; (ix) Requiring the development and submission of long–range plans, including a requirement for the annual submission of a 10–Year Educational Facilities Master Plan; and (x) Requiring the submission of an annual Capital Improvement Program, which may only be required to include plans for specific projects and requests for planning and construction projects for the upcoming fiscal year. (4) In adopting any of these requirements, the State Board and the Interagency Commission shall provide for the maximum exercise of initiative by school personnel in each county to ensure that the school buildings and improvements meet both the needs of the local communities and the rules and regulations necessary to ensure the proper operation of this section and the prudent expenditure of State funds. (5) The Interagency Commission shall: (i) Update the regulations required under paragraph (3)(i) of this subsection every 2 years; and (ii) When updating the regulations in accordance with item (i) of this paragraph, limit the percentage decrease in the State share of school construction costs to not more than 5% for each county. (6) When adopting the State and local cost–share formula under paragraph (3)(i) of this subsection, the Interagency Commission shall set the State share at 100% for the Maryland School for the Blind. (e) The Interagency Commission shall develop the rules, regulations, and procedures authorized by this section in consultation with representatives of the county boards and the county governing bodies. (f) The regulations and procedures of the Interagency Commission adopted under this section and their promulgation are exempt from § 8–127(b) of the State Finance and Procurement Article. (g) (1) With respect to public school construction or public school capital improvements, including sites for school buildings, the authority, responsibilities, powers, and duties of the following are subject to the regulations adopted by the Interagency Commission under this section: (i) The State Board; (ii) The State Superintendent; (iii) The county governments; (iv) The county boards; and (v) All other State or local governmental agencies under this article. (2) If, as to public school construction or public school capital improvements, there is any conflict between the regulations and procedures of the Interagency Commission and the authority, responsibilities, powers, and duties of the individuals and agencies specified in paragraph (1) of this subsection, the regulations and procedures of the Interagency Commission shall prevail. (h) (1) The obligation of the State to pay the costs of public school construction and public school capital improvements extends only to those projects or parts of projects that comply with the regulations and procedures of the Interagency Commission. (2) The Interagency Commission may not partially fund an eligible school construction project for a systemic renovation unless the local education agency has requested partial funding. (i) (1) This subsection does not apply to the proceeds from the sale, lease, or disposition of public school buildings constructed under contracts executed before February 1, 1971. (2) Consistent with § 4–115 of this article and regulations adopted by the Interagency Commission to implement § 4–126 of this article, the Interagency Commission may require by regulation that the portion of the proceeds received by a county from the sale, lease, or disposal of any public school building that represent State funds provided within 15 years prior to the date of the transaction shall be used solely as part of the State funding of the construction of future public school buildings in the county in which the sale, lease, or disposal occurred, if the public school building was constructed under a contract executed on or after February 1, 1971. (3) The part of the proceeds from the sale, lease, or disposal of a public school building that fairly represents the appraised value of land and that part of the cost of the public school building that was funded by the county shall remain as the funds of the county. (4) A transfer of interest in a public school building in connection with a financing of the cost of construction and improvements to such buildings is not a sale, lease, or disposal of the public school facility. (j) (1) Whether by budget bill or supplementary appropriation bill, all money appropriated to carry out the purposes of this section is a separate fund that shall be administered by the State Comptroller in accordance with the regulations adopted by the Interagency Commission. (2) Subject to paragraph (3) of this subsection, any unexpended allocations of funds for previously approved projects shall be transferred to the fund established under paragraph (1) of this subsection. (3) (i) Any funds approved for a county for a project that has not been contracted for within 2 years of the approval of the project, shall be: 1. Available for another eligible project in the county in the current fiscal year; or 2. Reserved for eligible projects in the county in the next fiscal year, in addition to the new funds allocated for eligible projects in the county in the next fiscal year, and may not supplant new funds allocated in the next fiscal year or in later fiscal years. (ii) Any funds reserved under subparagraph (i)2 of this paragraph that have not been used to contract for a project within 2 years of the date the funds were reserved shall be available for allocation to an eligible project in any county. (4) On or before March 30, June 30, September 30, and December 31 of each year, the Interagency Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, and the Department of Legislative Services on the balance in the fund as of the reporting date as the result of transfers or reversions required under this subsection and any expenditures. (k) (1) A county is eligible for an adjustment to the local cost–share for school construction projects under paragraph (2) of this subsection if: (i) A county’s median household income is in the bottom quartile in the State; and (ii) The State and local cost–share formula for the county is 50% State and 50% local. (2) (i) The local cost–share of a school construction project in a county that is eligible under paragraph (1) of this subsection shall be reduced to equal the local cost–share of the adjacent county that is less than 50% but closest to 50%. (ii) The State cost–share of a school construction project in the eligible county shall be increased by a percentage that is equal to the reduction under subparagraph (i) of this paragraph. (3) A county shall receive: (i) A 10 percentage point increase in the State share of a school construction project if the proposed school construction project, when a local school system submits a project for approval to the Interagency Commission, is at a school with a concentration of poverty level, as defined in § 5–223 of this title, of 80% or greater; (ii) A 5 percentage point increase in the State share of a school construction project if the proposed school construction project, when a local school system submits a project for approval to the Interagency Commission, is at a school with a concentration of poverty level, as defined in § 5–223 of this title, of less than 80% but greater than 55%; (iii) A 5 percentage point increase in the State share of a school construction project if the proposed school construction project is at a school that, in the most recent school maintenance effectiveness assessment by the Interagency Commission, received an assessment rating of: 1. Good; 2. Superior; or 3. Adequate and the school’s current school facility assessment percent of expected useful life is at least 120%; and (iv) A 5 percentage point increase in the State share of a school construction project if the proposed project is to build a net–zero school. (l) The Interagency Commission may make an eligible enrollment deduction for an adjacent school when calculating the maximum State construction allocation for a project approved for State funding under subsection (d)(3)(ii) of this section only if the sum of available seat count in all adjacent schools is 15% or more of the project school’s enrollment.

Md. Code, Education § 5-304

(a) (1) (i) The Interagency Commission shall prepare projections of school construction and capital improvement needs for submission to the Capital Debt Affordability Committee under § 8–112(c)(3) of the State Finance and Procurement Article. (ii) The projections shall be prepared in accordance with the regulations adopted by the Interagency Commission under § 5–303 of this subtitle. (2) (i) The Interagency Commission shall notify each county board and each local governing body of the annual allocation of school construction funds recommended by the Governor under § 8–113 of the State Finance and Procurement Article. (ii) The notification shall be made immediately after the Governor has recommended the allocations so that each county may structure its respective school construction and capital improvement priorities in accordance with the annual allocation and any amendments. (b) (1) Before May 1 of each year, the Interagency Commission may not approve public school construction projects that comprise more than 75% of the preliminary school construction allocation, determined under § 8–113 of the State Finance and Procurement Article, for the following fiscal year. (2) On or before December 31 of each year, the Interagency Commission shall approve public school construction projects that comprise 75% of the preliminary school construction allocation, determined under § 8–113 of the State Finance and Procurement Article, for the following fiscal year. (3) The Interagency Commission shall establish an appeal process to allow local jurisdictions to request funding for projects that were not approved by the Interagency Commission under paragraph (2) of this subsection. (4) On or before March 1 of each year, the Interagency Commission shall provide recommendations to the presiding officers and the budget committees of the General Assembly and the Department of Legislative Services for public school construction projects that comprise 90% of the school construction allocation included in the capital budget submitted by the Governor for the following fiscal year. (5) On or after May 1 each year, the Interagency Commission shall approve 100% of the school construction allocation included in the capital budget bill as enacted. (c) The following actions by the Interagency Commission are final and are not subject to additional appeals or approvals by another unit of the Executive Branch of State government: (1) A decision made by the Interagency Commission under the appeal process established by the Interagency Commission; and (2) The approval of public school construction projects under this subtitle. (d) The Interagency Commission shall allow any documents or data required by the Interagency Commission from any source, including local education agencies and State agencies, to be submitted electronically to the Interagency Commission. (e) The Interagency Commission shall be a central repository for information on: (1) The use of pre–fab and building system options; (2) Procurement methods; (3) School facility design and construction; and (4) Best practices in school construction. (f) In consultation with the Maryland Stadium Authority, the Interagency Commission shall: (1) Provide technical assistance and support to local education agencies on the use of alternative financing and alternative project delivery methods for school construction; (2) Develop a public–private partnership pilot program that: (i) Provides financial assistance that shall be supplemental to and may not take the place of funding that would otherwise be appropriated for school construction to assist local education agencies interested in pursuing alternative financing to cover the cost of associated risks; and (ii) Requires local education agencies that use alternative financing to fully document the process, expectations, and results; (3) Provide technical support for agreements between and among local education agencies and county governing bodies, including regional partnerships, to promote efficiency; (4) Utilize and promote technological advances to make school building design more efficient and innovative; and (5) Utilize and promote technology to streamline compliance review and project deliveries. (g) The Interagency Commission shall work with a local education agency with declining enrollment to identify buildings for consolidation or find alternative uses for underutilized school buildings, subject to the approval of the county board.

Md. Code, Education § 5-305

(a) Each county board shall keep: (1) All money for the construction of public school buildings and public school facilities and the purchase of land for public schools in a separate account from that used for current expenses; and (2) A separate and independent accounting system for all public school construction money. (b) (1) In Anne Arundel County, the county board may borrow from one fund to meet temporary cash requirements of another fund or to reimburse another fund for services performed. (2) This borrowing or reimbursement is subject to the county charter.

Md. Code, Education § 5-305.1

§5–305.1. Notwithstanding any other provision of law, the Anne Arundel County Board may include capital projects that are to be funded over a period of 2 fiscal years in the capital budget, whether or not part of the funding period falls in a calendar year that is an election year for county officials.

Md. Code, Education § 5-306

(a) This section supplements the provisions of §§ 5–101 through 5–107 of this title and does not supersede or impair those provisions. (b) Before December 1 of each odd–numbered calendar year, the Montgomery County Board shall prepare and submit to the Montgomery County Executive a 6–year capital improvements program. (c) The capital improvements program shall include: (1) A statement of the objectives of the capital programs and the relationship of these programs to the long–range development plans adopted by the county; (2) Recommended capital projects and a proposed construction schedule; (3) An estimate of cost and a statement of all funding sources; and (4) All anticipated capital projects and programs of the county board, including substantial improvements and extensions of projects previously authorized. (d) The County Executive shall include the 6–year program of the county board, with the recommended revisions and modifications of the County Executive, in the comprehensive 6–year program submitted each even–numbered calendar year to the Montgomery County Council under § 302 of the Montgomery County charter. (e) (1) On or before adoption of its annual budget and appropriations resolution in each even–numbered calendar year, the County Council shall adopt a 6–year capital improvements program for the county board as a part of the comprehensive 6–year program. (2) This 6–year capital improvements program shall be adopted after public hearings on the 6–year programs or capital budgets of the county and other agencies. (3) In its adoption, the County Council may make amendments, revisions, and modifications. (4) The County Council may amend an approved capital improvements program at any time by an affirmative vote of six council members. (5) Any amendment, revision, or modification may not become final until it is submitted to the county board for written comment with at least 30 days’ notice.

Md. Code, Education § 5-307

(a) The Interagency Commission shall assist the Prince George’s County Board of Education in developing an education facility master plan that encourages and supports the neighborhood school concept to improve the quality of education for all students in Prince George’s County. (b) The education facility master plan under subsection (a) of this section shall be updated annually. (c) To the extent the Prince George’s County Board of Education and the county consider appropriate, the neighborhood school concept of the education facility master plan may include interagency utilization of neighborhood schools, including joint use of school facilities and property of: (1) The Maryland–National Capital Park and Planning Commission; (2) The Prince George’s County library system; (3) The Prince George’s County Health Department; (4) The Prince George’s County Police Department; (5) The Prince George’s County Department of Social Services; and (6) The Prince George’s County Department of Family Services. (d) Notwithstanding any other provision of law, the Prince George’s County Board of Education may construct a school facility planned for joint use by the county board and a public agency listed in subsection (c) of this section on property owned by a public agency other than the county board.

Md. Code, Education § 5-308

(a) Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and Procurement Article, this State may not require reimbursement of debt service from a county for a school that: (1) Was initially constructed on or before February 1, 1971; (2) Is no longer used for school purposes; (3) Has had title transferred to a county government; and (4) Is being used for local governmental purposes other than public education; provided, however, that if a former school building is sold by a county government the State shall be reimbursed for outstanding debt service, and if more than 10 percent of usable space within a former school is rented for an amount exceeding the cost of operating and maintaining such space, such rental profit shall be used toward retiring outstanding bonded indebtedness. (b) Subject to subsection (c) of this section, this State shall require reimbursement of outstanding debt service from a county for a school that: (1) Was constructed under this subtitle; (2) Was initially constructed or substantially altered by addition(s), alterations, or renovations and the cost of the construction at the time of execution exceeded $100,000 and the work was accomplished after February 1, 1971; (3) Is no longer used for school purposes; (4) Has had title transferred to a county government; (5) Is being used for local governmental purposes by the State or a county or by any instrumentality of the State or a county other than public education; and (6) Has outstanding debt which exceeds $5,000. (c) (1) A county government is not required to reimburse the State for outstanding debt service for a school building that is transferred to the county government in accordance with subsection (b) of this section until 5 years after the school building is transferred. (2) After the 5–year period in paragraph (1) of this subsection ends, the county government shall reimburse the State for outstanding debt service for a school building in the amount that the county government would have been required to pay when the school building was transferred to the county.

Md. Code, Education § 5-309

(a) It is the intent of the General Assembly that the Department and the Public School Construction Program encourage local education agencies to reuse recently used school designs, when educationally appropriate and cost effective over the useful life of the project, within each county and across local school system boundaries. (b) (1) The Interagency Commission on School Construction shall develop and provide incentives for local education agencies to use prototype school designs. (2) The incentives to use prototype school designs may include expedited State review of projects. (c) (1) In this subsection, “net–zero” means that the total amount of energy used by a building on an annual basis is equal to or less than the amount of renewable energy created on the site. (2) The Interagency Commission shall establish incentives for: (i) The construction of net–zero school buildings; and (ii) The use of energy efficient or other preferred materials in public school construction. (d) The incentives established under subsections (b) and (c) of this section shall be supplemental to and are not intended to take the place of funding that otherwise would be appropriated to local education agencies for school construction. (e) Before the Interagency Commission may provide any incentives established in accordance with subsection (b) or (c) of this section, the Interagency Commission shall: (1) Notify the budget committees of the General Assembly in writing of the proposed incentives; and (2) Allow the budget committees 30 days to review and comment on the proposed incentives.

Md. Code, Education § 5-310

(a) (1) In this section the following words have the meanings indicated. (2) “Educational facilities sufficiency standards” means a uniform set of criteria and measures for evaluating the physical attributes and educational suitability of public elementary and secondary school facilities in the State. (3) “Facility condition index” means a calculation to determine the relative physical condition of public school facilities by dividing the total repair cost of a facility by the total replacement cost of a facility. (b) (1) (i) Each fiscal year, the Interagency Commission shall survey the condition of school buildings identified by the Department. (ii) The Interagency Commission shall include in the inspections of individual school buildings: 1. A process for a local education agency to report any additional information relevant to the inspection, including a place in the Master Facility Asset Library System for the local education agency to: A. Report each year to the Interagency Commission on any deficiencies in a school building, even if the school building was not inspected in accordance with paragraph (2) of this subsection in the prior year; B. Identify spaces in a school building likely to have been painted with lead paint; and C. Report certification of the Asbestos Hazard Emergency Response Act plan for the space; and 2. A process to incorporate maintenance data for individual school buildings. (2) (i) The Interagency Commission shall conduct the inspections of individual school buildings that are necessary to complete the survey required in paragraph (1) of this subsection. (ii) The inspections completed under paragraph (1) of this subsection shall include the following items for each school building: 1. Temperature; 2. Humidity; 3. Carbon dioxide level; 4. Acoustic levels; 5. Lead paint; 6. Asbestos; 7. Kitchen sanitary equipment; 8. Lighting; 9. Emergency communication system, with respect to remaining useful life; 10. Health room attributes; 11. Safety equipment in each laboratory space; and 12. The functionality of: A. Heating, ventilation, and air–conditioning building systems; B. Life safety building systems; C. Roofs; and D. Any additional critical building systems identified by the Interagency Commission. (iii) During an inspection, if an item under subparagraph (ii)1 through 6 of this paragraph rises to such a severe level that requires the school to be closed, the local education agency shall submit a plan to the Interagency Commission on how to address the issue and the Interagency Commission shall work to prioritize funding to address the issue. (3) The Interagency Commission shall report to the Governor and the General Assembly, on or before October 1 of each year, in accordance with § 2–1257 of the State Government Article, on the results of the survey for the prior fiscal year. (c) On or before July 1, 2018, in consultation with local education agencies, the Interagency Commission on School Construction shall adopt educational facilities sufficiency standards and a facility condition index for Maryland public schools. (d) (1) The purpose of the educational facilities sufficiency standards is to establish uniform standards for the assessment of the physical attributes, capacity, and educational suitability of public school facilities in Maryland. (2) The standards shall include at least the following categories: (i) Building condition related to life safety and health; (ii) Building systems; (iii) Building capacity and utilization, including the ability to house students in permanent space; (iv) Academic space, including specialty classroom space; and (v) Physical education and outdoor recreational space. (3) The Interagency Commission shall periodically review and update the educational facilities sufficiency standards. (e) (1) On or before July 1, 2019, the Interagency Commission shall complete an initial statewide facilities assessment using the educational facilities sufficiency standards adopted under subsections (c) and (d) of this section. (2) In completing the assessment the Interagency Commission shall: (i) Incorporate the facility condition index adopted under subsection (c) of this section; (ii) Contract with an independent third–party vendor to conduct data collection and assessment; (iii) Utilize, to the extent possible, existing data sources, including the Educational Facilities Master Plan and the Maryland Association of Boards of Education; and (iv) Coordinate with local education agencies to identify data elements to be used in the facility assessment. (f) (1) Following the completion of the initial statewide facilities assessment, the Interagency Commission shall develop standards and procedures to comprehensively update the facilities assessment such that facility assessment data is not older than 4 years. (2) Local education agencies shall: (i) Cooperate with the Interagency Commission to update the facility assessment; and (ii) Contribute data as requested to update the assessment. (3) (i) The Interagency Commission shall enter the facility assessment data into an integrated data system, which shall be known as the Integrated Master Facility Asset Library. (ii) The Interagency Commission shall manage the Integrated Master Facility Asset Library and shall provide access to the Library for all local education agencies using a cloud–based system. (4) The Integrated Master Facility Asset Library shall include preventive maintenance schedules accessible to each local education agency. (g) (1) (i) Except as provided in paragraph (2) of this subsection, the Interagency Commission may not use any facility assessment data until the Interagency Commission establishes the Integrated Master Facility Asset Library. (ii) After the Interagency Commission has established the Integrated Master Facility Asset Library, and on or after May 1, 2026, the Interagency Commission shall adopt regulations establishing the use of the facility assessment results in annual school construction funding decisions beginning not sooner than fiscal year 2027. (2) Before the Integrated Master Facility Asset Library is established, the Interagency Commission may use facility assessment data to: (i) Provide context to programs the Interagency Commission administers; (ii) Work with local education agencies; (iii) Fulfill legislative requests; (iv) Complete any Interagency Commission analysis or report; and (v) Assist with any external reports. (h) (1) Except as provided in § 5–314(e) of this subtitle, each county board shall develop and adopt preventative maintenance schedules based on industry standards for the public school facilities within the jurisdiction of the county board. (2) On or before July 1 each year, each county board shall report to the Interagency Commission on the board’s compliance with the preventative maintenance schedules adopted under this subsection. (3) The information reported in accordance with paragraph (2) of this subsection shall be entered into the Integrated Master Facility Asset Library.

Md. Code, Education § 5-310.1

§5–310.1. (a) The Interagency Commission shall adopt facility mapping standards for the uniform mapping of the physical attributes of public schools in the State. (b) Local school systems shall: (1) Cooperate with the Interagency Commission in the development of uniform mapping standards; and (2) Contribute data as requested by the Interagency Commission.

Md. Code, Education § 5-311

On or before July 1 of each year, the Department of General Services shall provide a report to the Department and each local education agency that describes existing State purchasing contracts that local education agencies may use to purchase school furniture, equipment, commodities, and services.

Md. Code, Education § 5-312

(a) In this section, “high performance building” has the meaning stated in § 3–602.1 of the State Finance and Procurement Article. (b) This section applies to the construction of new schools that have not initiated a Request For Proposal for the selection of an architectural and engineering consultant on or before July 1, 2009. (c) Except as provided in subsection (d) of this section, a new school that receives State public school construction funds shall be constructed to be a high performance building. (d) (1) The Interagency Commission shall establish a process to allow a school system to obtain a waiver from complying with subsection (c) of this section. (2) The waiver process shall: (i) Include a review by the Interagency Commission to determine if the construction of a high performance building is not practicable; and (ii) Require the approval of a waiver by the Interagency Commission. (e) For fiscal years 2010 through 2014 only, the State shall pay 50% of the local share of the extra costs, identified and approved by the Interagency Commission, that are incurred in constructing a new school to meet the high performance building requirements of this section. (f) The Interagency Commission shall adopt regulations to implement the requirements of this section.

Md. Code, Education § 5-312.1

§5–312.1. (a) Beginning July 1, 2022, each school district shall adopt or update a school district energy policy. (b) A school district energy policy must: (1) Address the purchasing, conservation, and efficiency of energy for the school district; (2) Provide for the monitoring and reporting of: (i) The amount of electricity used from renewable energy sources; (ii) The percentage of the school district’s annual electricity use that is from renewable energy sources; and (iii) The school district’s overall electricity use by source and square foot; and (3) Include current and historical data on the school district’s energy use by square foot. (c) In adopting or updating a school district energy policy, each school district is encouraged to set targets to increase the school district’s use of renewable energy and reduce the school district’s greenhouse gas emissions. (d) The school district energy policy shall be: (1) Posted on the school district’s website; and (2) Updated every 3 years. (e) On or before January 1, 2022, the Interagency Commission shall coordinate with the Department of the Environment and the Maryland Energy Administration to develop a standardized reporting template that school districts can use to report on: (1) The amount of electricity from renewable energy sources that the school district used; (2) The percentage of the school district’s annual electricity use that is from renewable energy sources; and (3) The school district’s overall electricity use by: (i) Source; (ii) Square foot; and (iii) Individual school, if possible.

Md. Code, Education § 5-313

(a) (1) In this section the following words have the meanings indicated. (2) “Program” means the Capital Grant Program for Local School Systems With Significant Enrollment Growth or Relocatable Classrooms. (3) “Significant enrollment growth” means full–time equivalent enrollment growth in a local school system that has exceeded 150% of the statewide average over the past 5 years. (4) “Significant number of relocatable classrooms” means an average of more than 250 relocatable classrooms in a local school system over the past 5 years. (b) (1) There is a Capital Grant Program for Local School Systems With Significant Enrollment Growth or Relocatable Classrooms. (2) The purpose of the Program is to provide grants for public school construction in local school systems that are experiencing significant enrollment growth or a significant number of relocatable classrooms. (c) (1) The Program shall be implemented and administered by the Interagency Commission on School Construction in accordance with this section. (2) Grants awarded by the Interagency Commission under the Program shall be matched by local funds equal to the required local cost–share established in accordance with § 5–303(d)(3) of this subtitle. (d) The Interagency Commission shall: (1) Provide grants from State funds dedicated for the Program to county boards for public school construction in local school systems that are experiencing significant enrollment growth or a significant number of relocatable classrooms; (2) Develop a procedure for a county board to apply for a grant under the Program; (3) Develop eligibility requirements for a county board to receive a grant under the Program, including a requirement for a county board to provide funds to match a grant award; (4) For the first $40,000,000 of grants, develop a process to allocate grant awards under the Program that allocate funds based on each eligible county board’s proportionate share of the total full–time equivalent enrollment of the county boards that are eligible to participate in the Program; and (5) After the allocation of grants under item (4) of this subsection, for the remaining grants, develop a process to allocate grant awards under the Program that allocates funds based on each eligible county board’s proportionate share of percentage of enrollment growth above the statewide average percentage. (e) In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor annually shall provide an additional amount as follows in the operating budget or capital improvement program of the Public School Construction Program that may be used only to award grants under the Program: (1) In fiscal year 2016, $20,000,000; (2) In each of fiscal years 2017 through 2026, $40,000,000; and (3) In fiscal year 2027 and each fiscal year thereafter, $80,000,000. (f) The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source. (g) The Interagency Commission shall adopt procedures necessary to implement this section.

Md. Code, Education § 5-314

(a) Notwithstanding § 2–303(f) of this article, the process for the review and approval of public school construction projects shall be in accordance with the provisions of this section. (b) (1) Except as provided in subsection (e) of this section, educational specifications and schematic designs for major construction projects are required to: (i) Be reviewed by the Interagency Commission; and (ii) Prior to finalization by a local education agency, have any concerns or recommendations of the Interagency Commission satisfactorily resolved. (2) To provide efficiency within the process, the Department and the Interagency Commission shall consider altering the review and approval process required under paragraph (1) of this subsection, including a rolling deadline for submission of documents, with schematic designs submitted following the completion of the educational specifications review. (c) (1) Change orders for major construction projects and systemic renovation projects may not be: (i) Reviewed by the Department of General Services; and (ii) Approved by the Interagency Commission. (2) A percentage of the State allocation related to change orders may not be withheld. (3) Local education agencies shall maintain contingency funds for each approved project to address unanticipated construction costs above the State allocation. (d) (1) Except as provided in subsection (e) of this section, design and construction documents for major construction projects and systemic renovation projects are required to be: (i) Reviewed by the Department of General Services; and (ii) Approved by the Interagency Commission. (2) The Department of General Services and the Interagency Commission, in consultation with local education agencies, shall develop a timeline for submission, review, and approval of design and construction documents. (e) (1) The provisions of subsections (b) and (d) of this section and § 5–310(h) of this subtitle do not apply to a local education agency that successfully completes a certification process that meets the requirements of this subsection. (2) Subject to the review and approval of the Interagency Commission, the Department of General Services shall develop a certification process through which a local education agency is able to demonstrate the expertise and capacity to complete the review of educational specifications, schematic designs, design and construction documents, or preventative maintenance schedule compliance within the county. (3) The certification process developed by the Department of General Services shall provide for a renewable, 5–year certification for a local education agency that successfully completes the certification process. (f) School construction projects that are funded entirely with local funds are not required to be reviewed by the Department unless the project substantially alters or expands an existing school building that was built in part with State funds. (g) If there is any conflict between the provisions of this section and the regulations and procedures of the Interagency Commission, the Department, or the Department of General Services, the provisions of this section shall prevail.

Md. Code, Education § 5-316

As directed by the Interagency Commission, the State Treasurer shall supervise the distribution of any money that the General Assembly appropriates for public school construction for: (1) Buildings; (2) Equipment; (3) New construction; or (4) Any other capital expenditure.

Md. Code, Education § 5-317

(a) In this section, “Program” means the School Safety Grant Program. (b) (1) There is a School Safety Grant Program. (2) The purpose of the Program is to provide grants to county boards for school security improvements, including: (i) Secure and lockable classroom doors for each classroom in the school; (ii) An area of safe refuge in each classroom in the school; and (iii) Surveillance and other security technology for school monitoring purposes. (c) The Program shall be implemented and administered by the Interagency Commission, in consultation with the Maryland Center for School Safety. (d) The Interagency Commission shall: (1) Provide grants to county boards for public school security improvements; (2) Develop a procedure for a county board to apply for a grant under the Program; and (3) Develop eligibility requirements for a county board to receive a grant under the Program. (e) In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor shall provide an additional $10,000,000 in the annual operating or capital budget bill that may be used only to award grants under the Program. (f) The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source. (g) The Interagency Commission shall adopt regulations necessary to implement this section.

Md. Code, Education § 5-318

(a) (1) There is a solar energy pilot program to promote the use of solar energy systems to generate electricity in public school buildings in the State. (2) The pilot program shall be implemented and administered by the Interagency Commission and shall operate as provided in this section. (b) The Interagency Commission shall: (1) Encourage all local boards in the State to study, design, and construct or renovate school buildings that are energy efficient and use solar energy systems to generate electricity to meet some of the school building’s electrical energy needs, electrical energy demand, or a combination of the electrical energy needs and electrical energy demand; (2) Provide grants out of State funds dedicated for this program to local boards to assist in implementing the use of solar energy systems at existing public schools or in new or renovated school building projects; and (3) Develop a procedure for a local board to apply for a grant in accordance with subsection (c) of this section. (c) (1) A local board may apply to the Interagency Commission for a grant to cover 90% of the cost to purchase and install a solar energy system to generate a portion of the school building’s electrical energy needs or electrical energy demand. (2) A local board that receives a grant under this subsection shall pay: (i) 10% of the cost to purchase and install the solar energy system; and (ii) All architectural or engineering fees for the design and supervision of the installation of the solar energy system. (3) The Interagency Commission may award a grant under this section for a solar energy system project. (d) Local school systems are encouraged to seek private funding to implement the pilot program. (e) The total savings of electrical energy needs and electrical energy demand costs that result from the installation and use of solar energy systems under this section shall remain with the local school system. (f) (1) The Interagency Commission and the Maryland Energy Administration shall cooperate with, assist, provide technical assistance to, and advise school systems to identify appropriate existing public school buildings and public school construction projects that would benefit from the installation of solar energy systems. (2) The Interagency Commission shall adopt procedures necessary to implement this section.

Md. Code, Education § 5-319

(a) The Interagency Commission shall adopt regulations that require the design development documents for the construction or major renovation of school buildings submitted by a county board to the Interagency Commission to include: (1) An evaluation of the use of solar technologies, including photovoltaic or solar water heating, based on life cycle costs; and (2) If an evaluation determines that solar technologies are not appropriate for a construction or major renovation project, a report that explains why the use of the technology is not appropriate. (b) On or before December 31 of each year, the Interagency Commission shall submit a report on the number of public school construction and major renovation projects in each jurisdiction that use solar technologies to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

Md. Code, Education § 5-320

(a) (1) For the purposes of this section, replacement cost shall be determined by the product of the area of a building that is over 40 years old times the current cost per square foot of building construction which may not include: (i) Specialized costs of demolition; (ii) Site development; (iii) The fees of architects and engineers; or (iv) Air conditioning. (2) All existing area that is not at least 40 years old shall be excluded from this calculation. (b) If a county board finds, after preparing feasibility and life cycle cost studies, that it is appropriate and economically beneficial to renovate an existing school building that, in whole or part, has been in continuous educational use for 40 years or more and the cost of the proposed renovation work is not more than the replacement cost of the building or part of a building of the same area and purpose, the Interagency Commission shall consider a request for State funding on the basis of these findings. (c) Before it is considered for funding, the project shall be: (1) Justified as to need and continued purpose; and (2) Included in an annual capital improvement program that has been approved by the Interagency Commission.

Md. Code, Education § 5-321

(a) The indebtedness of a county may not be considered to be increased by the receipt of money by a county from participation in the General Public School Construction Loan of 1956 or any similar act. (b) A county may not be required to levy ad valorem taxes on its taxable basis for the purpose of repaying to the State any money received by the county as a result of these acts during the calendar year 1958 or after or the interest or carrying charges with respect to this money. (c) All money received by a county during the calendar year 1958 or after because of the participation of the county in the General Public School Construction Loan of 1956 or any similar act shall be deducted from the funds due the county under the applicable provisions of State law that relate to the: (1) Income tax; (2) Tax on racing; (3) Recordation tax; (4) Tax on amusements; (5) License tax; and (6) School building construction aid program under § 5–303(c) of this subtitle, provided that money may not be deducted for any general public school construction loans that no longer require repayment by the county under § 5–303(c) of this subtitle. (d) All obligations in connection with funds received by a county from the General Public School Construction Loan of 1956 or any similar act are self–liquidating obligations, incurred for self–liquidating projects within the meaning of those terms as used in any charter or public general or public local law of this State. (e) Any law that is inconsistent with the provisions of this section is repealed to the extent of the inconsistency.

Md. Code, Education § 5-322

(a) In this section, “Fund” means the Healthy School Facility Fund. (b) There is a Healthy School Facility Fund. (c) The purpose of the Fund is to provide grants to public primary and secondary schools in the State to improve the health of school facilities. (d) The Interagency Commission on School Construction shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) Money appropriated in the State budget to the Fund; (2) Any interest earnings of the Fund; and (3) Any other money from any other source accepted for the benefit of the Fund. (g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (h) Expenditures from the Fund may be made only in accordance with the State budget. (i) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to primary and secondary schools under this article. (j) (1) (i) In each of fiscal years 2020 through 2022, the Governor shall appropriate at least $30,000,000 to the Fund. (ii) In fiscal year 2023, the Governor shall appropriate at least $40,000,000 to the Fund. (iii) In each of fiscal years 2024 through 2026, the Governor shall appropriate at least $90,000,000 to the Fund. (iv) For each of fiscal years 2021 through 2026, 50% of the funds appropriated under subparagraphs (i) and (ii) of this paragraph shall be awarded to public schools in Baltimore City. (2) (i) Subject to subparagraph (ii) of this paragraph, the Interagency Commission on School Construction shall give priority in awarding grants to schools based on the severity of issues in the school, including: 1. Air conditioning; 2. Heating; 3. Indoor air quality; 4. Mold remediation; 5. Temperature regulation; 6. Plumbing, including pipe insulation to reduce condensation in order to prevent mold and the presence of lead in drinking water outlets in school buildings; 7. Windows; 8. Roofs; and 9. Any additional severe issue in the school that required the school to be closed. (ii) The amount of the grant is not required to cover the full cost of the project. (k) (1) Except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, the Interagency Commission on School Construction shall establish application procedures for school systems to request funds under this section. (2) The Interagency Commission on School Construction shall establish award procedures to make awards distributed from the Fund not more than 45 days after receiving an application. (3) (i) The Interagency Commission on School Construction, in consultation with the Department of the Environment, shall establish application procedures for school systems to request funds under this section to assist with the costs of implementing remedial measures to address the presence of lead in drinking water outlets in school buildings. (ii) The application procedures established under subparagraph (i) of this paragraph shall include procedures for prioritizing applications for plumbing projects, with priority first given to applications requesting funds for water fountains or bubblers, and then to applications requesting funds for: 1. Faucets or taps that are used or potentially used for drinking or food preparation; 2. Ice makers; or 3. Hot drink machines. (4) (i) For Baltimore City, the school system shall establish a procedure to identify schools and submit eligible projects for awards by the Interagency Commission on School Construction for funding provided under subsection (j)(1)(ii) and (iii) of this section. (ii) The Interagency Commission on School Construction shall award grants to schools with eligible projects submitted in accordance with subparagraph (i) of this paragraph.

Md. Code, Education § 5-324

§5–324. IN EFFECT ** IN EFFECT UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2023 ** (a) Repealed. (b) Repealed. (c) Repealed. (d) Repealed. (e) Repealed. (f) (1) In fiscal year 2006 and in each fiscal year thereafter, the State shall distribute grants from an appropriation in the State budget or general obligation bonds to county boards under the Aging Schools Program administered by the Interagency Commission on School Construction in amounts equal to the funding level calculated under paragraph (2) of this subsection. (2) In fiscal year 2013 and in each fiscal year thereafter, the funding level for a county is the following amounts for the following counties: (i) Allegany County ……………………………………....$97,791; (ii) Anne Arundel County …………………………........$506,038; (iii) Baltimore City.................................................... $1,387,924; (iv) Baltimore County.................................................. $874,227; (v) Calvert County........................................................ $38,292; (vi) Caroline County .......................................................$50,074; (vii) Carroll County ...................................................... $137,261; (viii) Cecil County............................................................ $96,024; (ix) Charles County ....................................................... $50,074; (x) Dorchester County .................................................. $38,292; (xi) Frederick County .................................................. $182,622; (xii) Garrett County........................................................ $38,292; (xiii) Harford County .................................................... $217,379; (xiv) Howard County ...................................................... $87,776; (xv) Kent County ........................................................... $38,292; (xvi) Montgomery County ............................................ $602,651; (xvii) Prince George’s County...................................... $1,209,426; (xviii) Queen Anne’s County ............................................. $50,074; (xix) St. Mary’s County ................................................... $50,074; (xx) Somerset County..................................................... $38,292; (xxi) Talbot County.......................................................... $38,292; (xxii) Washington County ...............................................$134,904; (xxiii) Wicomico County........................................... $106,627; and (xxiv) Worcester County.................................................... $38,292.

Md. Code, Education § 5-325

(a) A county board, during the design development phase for the construction or major renovation of a public school building, shall complete an evaluation of: (1) The cost and efficiency, based on a 50–year period, of using available alternative energy systems, including geothermal, solar, wind, and energy storage compared to a traditional energy system; (2) An energy consumption and systems replacement, based on a 50–year period, of each major piece of equipment in any of the following systems serving the public school building: (i) The cooling system; (ii) The heating system; (iii) The hot water system; (iv) The lighting system; (v) The ventilation system; or (vi) Any other major system that uses energy; and (3) The impact of innovative building design and materials on energy consumption, including white roofs and green roofs. (b) If the county board determines that no alternative energy systems are appropriate for a construction or major renovation project, the county board shall submit a report to the Interagency Commission that explains why the alternative energy systems were not appropriate. (c) On or before December 31 each year, the Interagency Commission shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of public school construction and major renovation projects in each jurisdiction that use alternative energy systems.

Md. Code, Education § 5-326

(a) In this section, “Fund” means the Nancy K. Kopp Public School Facilities Priority Fund. (b) There is a Nancy K. Kopp Public School Facilities Priority Fund. (c) (1) Except as provided in paragraph (2) of this subsection, beginning in fiscal year 2028, the purpose of the Fund is to provide State funds to address the facility needs of the highest priority schools in the State as identified by the statewide facilities assessment completed by the Interagency Commission on School Construction under § 5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue that required the school to be closed in the current school year or the previous school year. (2) In fiscal year 2027, or if the statewide facilities assessment is not completed, the purpose of the Fund is to provide State funds to address the severity of issues in a school, including: (i) Air conditioning; (ii) Heating; (iii) Indoor air quality; (iv) Mold remediation; (v) Temperature regulation; (vi) Plumbing, including the presence of lead in drinking water outlets in school buildings; (vii) Windows; and (viii) Any additional severe issues in the school that require the school to be closed. (d) The Interagency Commission on School Construction shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) Money appropriated in the State budget to the Fund; (2) Any interest earnings of the Fund; and (3) Any other money from any other source accepted for the benefit of the Fund. (g) The Fund may be used only for the purpose established under subsection (c) of this section. (h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (i) In fiscal year 2027 and each fiscal year thereafter, the Governor shall appropriate in the annual State operating or capital budget bill at least $70,000,000 to the Fund. (j) Expenditures from the Fund may be made only in accordance with the State budget. (k) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated in the annual State operating or capital budget bill to primary and secondary schools under this article.

Md. Code, Education § 5-327

(a) (1) In this section the following words have the meanings indicated. (2) “Baseline total cost of ownership” means the typical total cost of ownership of a new school building or a school facility renewal, as calculated by the Interagency Commission. (3) “Estimated total cost of ownership” means the total cost of ownership of a new school building or a school facility renewal and the concomitant analysis as estimated by a local education agency before the construction of a new school building or a school facility renewal begins. (4) (i) “Projected actual total cost of ownership as constructed” means the total cost of ownership of a new school building or a school facility renewal and the concomitant analysis as calculated by a local education agency after the construction of the new school building or the school facility renewal is complete. (ii) “Projected actual total cost of ownership as constructed” includes the sum of: 1. The actual costs of construction and operation of the new school building or the school facility renewal as of the date of the calculation; and 2. An estimation of future costs. (5) “School facility renewal” means a capital improvement project for an existing school that, on completion: (i) Will reduce the school’s facility condition index, as defined in § 5–310 of this subtitle, to 0.15 or lower; and (ii) Results in a like–new operational condition for the school. (6) “State share percentage” means the percentage of eligible costs, as defined in regulations adopted in accordance with § 5–303 of this subtitle, for the construction of a new school building or a school facility renewal paid for by the State. (b) If a project for the construction of a new school building or a school facility renewal has an estimated total cost of ownership that is at least 15% less than the baseline total cost of ownership, the county shall receive a 5 percentage point increase in the State share percentage for that project. (c) (1) Subject to paragraph (2) of this subsection, if a project has a projected actual total cost of ownership as constructed that is not at least 15% less than the baseline total cost of ownership, the county that received a 5 percentage point increase in the State share percentage for that project shall repay that amount to the Interagency Commission. (2) The Interagency Commission shall establish a process for a county to repay the Interagency Commission the amount of the 5% increase in the State share percentage of a project that met the requirements under subsection (b) of this section, if approximately 12 to 17 months after the date on which construction is complete and the local education agency begins using the building or renewal for its intended purpose, the projected actual total cost of ownership as constructed is not at least 15% less than the baseline total cost of ownership. (d) The Interagency Commission, in coordination with the Department and the Department of General Services, shall develop life cycle cost analysis standards. (e) The Interagency Commission shall adopt regulations to carry out this section.

Md. Code, Education § 5-328

(a) (1) In this section, “waste disposal infrastructure” means a physical waste disposal line located where food is distributed that allows a student to efficiently and properly dispose of waste at the end of a meal. (2) “Waste disposal infrastructure” includes: (i) A place for the disposal of: 1. Trash; 2. Recyclables; and 3. Food scraps; and (ii) A sink for liquid waste. (b) The Interagency Commission shall adopt regulations that require a county board to include waste disposal infrastructure in the design documents submitted to the Interagency Commission for the construction of a new school building utilizing State funding.

Md. Code, Education § 5-329

(a) (1) In this section the following words have the meanings indicated. (2) “High–density county” means one of the following jurisdictions: (i) Anne Arundel County; (ii) Baltimore City; (iii) Baltimore County; (iv) Howard County; (v) Montgomery County; or (vi) Prince George’s County. (3) “Low–density county” means any county not listed in paragraph (2) of this subsection. (b) (1) A county board in a high–density county seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school that would increase the capacity of the school by more than 100 students, shall submit a pedestrian safety plan to the Interagency Commission. (2) A county board in a low–density county shall submit a pedestrian safety plan to the Interagency Commission if the county board is seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school, in a city with more than 10,000 residents and the construction or renovation would increase the capacity of the school by more than 100 students. (3) The Interagency Commission shall approve a pedestrian safety plan if the pedestrian safety plan complies with subsection (c) of this section. (c) (1) A pedestrian safety plan shall: (i) Be developed in collaboration with: 1. The county department of transportation or equivalent agency of the jurisdiction listed under subsection (a) of this section whose county board is submitting the plan; and 2. The State Highway Administration; (ii) Be limited to the area surrounding the school for which the county board will not provide transportation to students; (iii) Identify existing and potential safe routes for students to walk or bike to the school; (iv) Evaluate the infrastructure, including sidewalk infrastructure, along existing and potential pedestrian or cyclist routes to the school to determine whether increased capacity is necessary; (v) Analyze existing and potential school zones, including the need for expanding school zones on State and county roads; and (vi) Include documentation of public participation and input related to the pedestrian safety plan, including minutes from a public hearing and written comments. (2) A county board, not the Interagency Commission, shall make all determinations about the contents of a pedestrian safety plan. (d) The Interagency Commission may adopt regulations to carry out this section.

Md. Code, Education § 5-330

(a) This section applies only in Howard County. (b) (1) If the capital budget approved by the Howard County Board of Education has differences from the Howard County Superintendent of Schools’ proposed capital budget, the Howard County Board of Education shall publish a report on the Howard County public school system’s website within 30 days that includes: (i) The differences between the Howard County Superintendent’s proposed capital budget and the capital budget approved by the Howard County Board of Education; and (ii) The detailed rationale for each difference. (2) The Howard County Board of Education shall submit the report required under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article. (c) (1) If the Howard County Superintendent of Schools’ proposed capital improvement program has differences from the capital improvement program approved by the Howard County Board of Education in the immediately preceding year, the Howard County Superintendent shall publish a report on the Howard County public school system’s website within 30 days that includes: (i) The differences between the capital improvement plan approved by the Howard County Board of Education in the immediately preceding year and the Howard County Superintendent’s proposed capital improvement program; and (ii) The detailed rationale for each difference. (2) The Howard County Superintendent of Schools shall submit the report required under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.

Md. Code, Education § 5-401

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Accountability and Implementation Board. (c) (1) “Blueprint for Maryland’s Future” means the plan recommended by the Commission on Innovation and Excellence in Education and enacted by Chapter 361 of the Acts of the General Assembly of 2018, Chapter 771 of the Acts of the General Assembly of 2019, and Chapter 36 of the Acts of the General Assembly of 2021. (2) “Blueprint for Maryland’s Future” includes, unless the context provides otherwise, the recommendations made by the Commission on Innovation and Excellence in Education. (d) “Commission” means the Commission on Innovation and Excellence in Education. (e) “Comprehensive Implementation Plan” means the plan adopted by the Board under § 5–404 of this subtitle. (f) “Nominating Committee” means the Accountability and Implementation Board Nominating Committee.

Md. Code, Education § 5-402

(a) Beginning on July 1, 2020, and continuing until June 30, 2032, there is an Accountability and Implementation Board. (b) The Board is an independent unit of State government. (c) (1) (i) The purpose of the Board is to hold State and local governments, including county boards, accountable for implementing the Blueprint for Maryland’s Future and evaluating the outcomes achieved against the goals of the Blueprint for Maryland’s Future and the Commission during the implementation period. (ii) The Board shall strive to provide equal access to a high–quality education with equitable outcomes for each Maryland student regardless of the student’s race, ethnicity, gender, address, disability status, socioeconomic status, or the language spoken in the student’s home. (2) To achieve its purpose, the Board shall: (i) Develop a Comprehensive Implementation Plan for the Blueprint for Maryland’s Future that all units of State and local government responsible for implementing the Blueprint for Maryland’s Future will follow; (ii) Hold State and local governments accountable for implementing the Comprehensive Implementation Plan; (iii) Monitor implementation of the Comprehensive Implementation Plan during the implementation period; and (iv) Evaluate the outcomes achieved during implementation of the Blueprint for Maryland’s Future. (d) (1) (i) The Board is composed of seven members appointed by the Governor, with the advice and consent of the Senate, chosen from a slate prepared by the Nominating Committee established under § 5–403 of this subtitle. (ii) When appointing members of the Board, the Governor shall select from the slate of nominees nominated in accordance with § 5–403(c) of this subtitle. (iii) The Governor shall appoint members to the Board within 30 days after the date on which the Governor receives the slate of nominees nominated in accordance with § 5–403(c) of this subtitle. (2) The Board shall consist of individuals who collectively: (i) Reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and (ii) Have a high level of knowledge and expertise in: 1. Early education through secondary education policy; 2. Postsecondary education policy; 3. Teaching in public schools; 4. Strategies used by top–performing state and national education systems in the world; 5. Leading and implementing systemic change in complex organizations; and 6. Financial auditing and accounting. (3) The Governor, the President of the Senate, and the Speaker of the House of Delegates jointly shall appoint a chair of the Board from among the Board’s members. (4) A member of the Board: (i) May not receive compensation as a member of the Board; but (ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations for duties performed under this subtitle. (5) (i) The term of a member is 6 years. (ii) The terms of the members are staggered as follows: 1. The terms of three initial members shall terminate on July 1, 2024; 2. The terms of two initial members shall terminate on July 1, 2025; and 3. The terms of two initial members shall terminate on July 1, 2026. (iii) A member may be renominated by the Nominating Committee. (6) A majority of Board members constitutes a quorum. (7) Action by the Board requires the affirmative vote of a majority of the appointed members. (e) (1) The Board shall appoint an executive director and hire staff sufficient to carry out its powers and duties under this subtitle. (2) The Board may retain any necessary accountants, financial advisers, or other consultants. (3) (i) For fiscal year 2021, the Governor shall include an appropriation of at least $1,500,000 in the annual budget bill for the establishment of the Board. (ii) For fiscal years 2022 through 2032, the Governor shall include in the annual budget bill an appropriation of at least $1,800,000 for the Board, which includes funds to support 15 professional staff. (iii) 1. For each of fiscal years 2022 through 2024, the Governor shall include an appropriation of at least $3,000,000 in the annual budget bill for the Board to be used in accordance with this subparagraph. 2. The Board shall use the funds provided under this subparagraph to provide technical assistance to county boards to develop and implement the plan required under § 5–404 of this subtitle. 3. The Board may allocate a portion of the funds provided under this subparagraph to the CTE Committee to provide technical assistance to county boards to meet the requirements under § 21–207 of this article. (f) The Board may: (1) Adopt regulations to carry out the provisions of this subtitle; (2) Adopt bylaws for the conduct of its business; (3) Maintain offices at a place the Board designates in the State; (4) Accept loans, grants, or assistance of any kind from any entity of federal, State, or local government, an institution of higher education, or a private source; (5) Enter into contracts or other legal instruments, including, as necessary, contracts with independent experts to fulfill any of its duties under this subtitle; (6) Sue or be sued; and (7) Subpoena data needed to complete its functions and duties under this subtitle. (g) (1) Except as provided in this subsection, the Board is exempt from: (i) Title 10 and Division II of the State Finance and Procurement Article; and (ii) The provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System. (2) The Board is subject to the Public Information Act. (3) (i) The Board is subject to the Open Meetings Act. (ii) 1. Each open Board meeting shall be made available to the public through live video streaming. 2. The Board shall make publicly available on the Internet a complete, unedited archived video recording of each open meeting for a minimum of 5 years after the date of the meeting. (4) The Board and its officers and employees are subject to the Maryland Public Ethics Law. (5) The Board and its employees are subject to Title 12, Subtitle 4 of the State Finance and Procurement Article. (h) (1) The Board is not intended to usurp or abrogate: (i) The operational authority of the Department, the Governor’s Workforce Development Board, the Maryland Higher Education Commission, the Department of Commerce, or the Maryland Department of Labor; or (ii) The day–to–day decision making of county boards, local superintendents, institutions of higher education, or other stakeholders with a role to play in the implementation of the Blueprint for Maryland’s Future. (2) The Board may not usurp or abrogate the lawful collective bargaining process due educators and others in the State. (3) (i) The Board shall have plenary authority over all matters within its jurisdiction under this subtitle, including the intended outcomes of the Blueprint for Maryland’s Future. (ii) In the event of a conflict between a decision or policy of the Board and the decision or policy of another entity on a matter within the Board’s jurisdiction, the Board’s decision or policy shall control.

Md. Code, Education § 5-403

(a) There is an Accountability and Implementation Board Nominating Committee. (b) (1) The Nominating Committee is composed of six members. (2) (i) The Governor, the President of the Senate, and the Speaker of the House of Delegates each shall appoint two members to the Nominating Committee. (ii) If two of the three individuals required to appoint members to the Nominating Committee under subparagraph (i) of this paragraph have each appointed two members, the remaining individual shall appoint two members to the Nominating Committee within 30 days after the date on which the most recent appointment of a member to the Nominating Committee was made. (iii) If the third individual required to appoint members to the Nominating Committee does not appoint the remaining two members to the Nominating Committee within the time period required under subparagraph (ii) of this paragraph, subsection (d) of this section no longer applies. (3) The term of a member is 5 years. (4) The Nominating Committee shall consist of individuals who: (i) Collectively reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and (ii) Have collective knowledge of: 1. Education policy for early childhood education through postsecondary education; 2. Education strategies used by top–performing state and national systems in the world; 3. Systemic changes in complex organizations; and 4. Financial auditing and accounting. (c) (1) On initial establishment and when there is a vacancy on the Board, the Nominating Committee shall nominate a slate of nominees to fill the vacancy. (2) (i) For the initial establishment of the Board, the slate of nominees shall contain at least nine individuals to meet the Board qualifications listed in § 5–402(d) of this subtitle. (ii) For a vacancy, the slate of nominees shall contain at least two individuals for each vacant position on the Board. (d) Except as provided in subsection (b)(2)(iii) of this section, nominations for the Board made by the Nominating Committee shall be decided by a majority vote, provided that at least one vote cast in the majority is a vote cast by each of a member appointed by the Governor, the President of the Senate, and the Speaker of the House.

Md. Code, Education § 5-404

(a) (1) The Board shall develop a Comprehensive Implementation Plan to implement the Blueprint for Maryland’s Future, considering any input provided by interested stakeholders in the State. (2) The Comprehensive Implementation Plan shall include a timeline for implementation of the Blueprint for Maryland’s Future with key milestones to be achieved by each State or local government unit required to implement an element of the Blueprint for Maryland’s Future for each year of the implementation period. (3) The Comprehensive Implementation Plan shall include the intended outcomes that the Blueprint for Maryland’s Future will achieve. (4) (i) The Comprehensive Implementation Plan shall be adopted by the Board no later than December 1, 2022. (ii) Any changes to the Comprehensive Implementation Plan shall be adopted by the Board no later than August 1 of each year. (b) (1) The Board shall adopt guidelines for entities required to submit and carry out implementation plans under this section that include establishing a maximum page length, including appendices, for implementation plans. (2) State and local government units responsible for implementing an element of the Blueprint for Maryland’s Future shall develop implementation plans consistent with the Comprehensive Implementation Plan that describe the goals, objectives, and strategies that will be used to improve student achievement and meet the Blueprint for Maryland’s Future recommendations for each segment of the student population. (3) (i) On or before September 1, 2022, the Department shall develop criteria to be used to recommend approval or disapproval of local school system implementation plans and release of funds under this subtitle. (ii) The criteria shall be submitted for approval to the Board. (c) (1) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, each unit responsible for developing an implementation plan under this section shall submit the plan to the Board for approval on or before March 15, 2023. 2. The Juvenile Services Education Program Superintendent shall submit the plan to the Board for approval on or before June 15, 2023. (ii) Each local school system shall submit a copy of its plan to the Department for review and a recommendation of approval or disapproval. (2) Governmental units shall submit implementation plans on elements of the Blueprint for Maryland’s Future under this subsection, including: (i) Plans from each local school system to implement each element of the Blueprint for Maryland’s Future, including how to: 1. Adapt curriculum, instruction, and the organization of the school day to enable more students to achieve college and career readiness by the end of 10th grade, to provide students with needed services including community–partnered behavioral health services if appropriate, and to identify students who are falling behind and develop a plan to get them back on track; 2. Close student achievement gaps listed under § 5–408(a)(2)(i) of this subtitle within the local school system; 3. Avoid the disproportionate placement of students with particular racial, ethnic, linguistic, economic, or disability status characteristics with novice teachers or teachers providing instruction in fields in which they lack expertise; and 4. Use additional funds for teacher collaborative time in accordance with Title 6, Subtitle 10 of this article prioritized based on availability of a sufficient number of high–quality teachers; (ii) The joint plan of the Department and the Maryland Higher Education Commission for teacher preparation and training that meets the requirements under Title 6 of this article; (iii) A plan from the Department for the expansion and coordination of Judy Centers under § 5–230 of this title and a plan for the expansion of community–based family support centers under Title 9.5, Subtitle 10 of this article; (iv) The Department’s plan for selection, assembly, and deployment of expert review teams under § 5–411 of this subtitle; (v) The Department’s plan for implementing the teacher career ladder and training Maryland teachers, school leaders, and administrators under Title 6, Subtitle 10 of this article; (vi) The Career and Technical Education Committee plan for developing rigorous CTE pathways under § 21–207 of this article; (vii) Plans from each local school system on proposed memoranda of understanding for prekindergarten in accordance with § 7–1A–05 of this article; (viii) A plan from the Juvenile Services Education Program Superintendent on the proposed education of juveniles under Title 9, Subtitle 6 of the Human Services Article; and (ix) Any other implementation plans the Board determines are necessary. (3) An implementation plan submitted to the Board for approval under this section shall be: (i) Consistent with the developed guidelines and, if applicable, the approved criteria under subsection (b) of this section; and (ii) Concise and focused on the measures taken and the measures to be taken to implement and achieve the Blueprint’s goals. (4) A responsible government unit shall amend the implementation plan until it is approved by the Board. (d) The Board shall: (1) Review and approve implementation plans submitted under subsection (c) of this section; (2) Monitor the implementation of approved plans and work in partnership with the relevant agencies to: (i) Disseminate information on best practices, programs, and resources; (ii) Provide technical assistance and training; (iii) Resolve implementation issues as they arise; and (iv) Promote interagency efforts to: 1. Achieve the purposes of the Blueprint for Maryland’s Future; and 2. Reduce the effects of societal and economic isolation on student achievement and opportunity by promoting socioeconomic diversity in communities and schools; (3) Receive periodic updates, in accordance with the Board’s guidelines, on progress responsible entities are making toward reaching the implementation plan goals; and (4) Request any information the Board determines is necessary to carry out its obligations from an entity responsible for carrying out the implementation plans under this section. (e) A governmental unit responsible for developing and carrying out an implementation plan shall provide: (1) Periodic updates, when requested by the Board, on its progress toward meeting the implementation plan goals; and (2) Any information the Board requests. (f) The Board shall maintain a public website on which is published: (1) The Comprehensive Implementation Plan; (2) The Department’s criteria, developed under subsection (b)(3) of this section; (3) Proposed implementation plans, submitted under subsection (c) of this section; and (4) Implementation plans approved by the Board under subsection (d) of this section. (g) A unit of State government required to implement an element of the Blueprint for Maryland’s Future shall, before adopting regulations relating to the Blueprint, consult with the Board. (h) (1) For each fiscal year, the governing body of a county and the local school system jointly shall appoint a single implementation coordinator responsible for the implementation of the Blueprint for Maryland’s Future by all government units operating in the county. (2) For each fiscal year, each county board shall provide $150,000 for the salary and benefits of the implementation coordinator appointed in accordance with paragraph (1) of this subsection. (3) Funding for the salary and benefits of the implementation coordinator provided by the county board in accordance with paragraph (2) of this subsection shall be paid by the State and the county in the same proportion as the foundation program under § 5–213 of this title.

Md. Code, Education § 5-405

(a) Subject to the judgment of the Board and in accordance with this section, each fiscal year a portion of the increase in the State share of major education aid, as defined in § 5–201 of this title, over the amount provided in the prior fiscal year shall be withheld from public schools and local school systems. (b) Except as otherwise provided in this section, beginning in fiscal year 2023, 25% of the increase in the State share of major education aid over the amount provided in the prior fiscal year shall be automatically withheld from a local school system for the next fiscal year. (c) (1) For fiscal year 2023, the Board shall release funds withheld under this section if the Board finds that a local school system has met the minimum guidelines for the submission of the initial implementation plan under § 5–404 of this subtitle. (2) Beginning in fiscal year 2024 and ending in fiscal year 2025, the Board shall release funds withheld under this section each year if the Board finds that a local school system or public school: (i) Has developed an initial implementation plan under § 5–404 of this subtitle; and (ii) Has received approval for its initial implementation plan and for any subsequent modifications. (d) Beginning in fiscal year 2026, the Board shall consider releasing funds withheld under this section to a public school or local school system if: (1) The Board receives a recommendation to release funds from: (i) The Department; (ii) The Career and Technical Education Committee established under § 21–209 of this article; or (iii) An Expert Review Team established under § 5–411 of this subtitle; or (2) The Board determines that a public school or local school system has made sufficient progress on an implementation plan or taken appropriate steps to improve student performance. (e) The Board may withhold more than 25% of the increase in the State share of major education aid over the amount provided in the current fiscal year from a public school or local school system, if, in the judgment of the Board: (1) A local school system has not made satisfactory efforts to develop or revise the implementation plan required to be approved by the Board under § 5–404 of this subtitle; (2) A public school or local school system has not made sufficient progress on its implementation plan; or (3) A public school or local school system has not taken appropriate steps to improve student performance. (f) In determining whether to release or withhold additional funds under this section, the Board shall consider whether a public school or local school system has been responsive to the recommendations of the Department, the Career and Technical Education Committee, an Expert Review Team, and the Board’s staff. (g) The Board shall notify the Governor, the President of the Senate, and the Speaker of the House of Delegates of a decision not to release funds or to withhold additional funds. (h) (1) If the Board finds that funding should not be released under subsection (c) or subsection (d) of this section, the Board shall, on or before December 1, issue an initial warning to the public school principal or county superintendent that funds may not be released in the next fiscal year. (2) A warning issued under paragraph (1) of this subsection shall inform the local principal or county superintendent of: (i) The findings by the Board and the reasoning for the findings; and (ii) Any steps that may be undertaken to remedy the finding. (3) On or before February 1, the Board shall make a final determination on whether to release funds under this section for the next fiscal year. (4) If a public school or local school system makes progress in some areas but not in others, the Board may determine that a portion of the funds may be released while a portion may be withheld. (i) The Board shall notify the State Superintendent and the Comptroller for purposes of § 5–205 of this title by June 1 of each year of the Board’s final decision to release, not release, or withhold additional funds under this section in the next fiscal year. (j) (1) The Board may determine it is necessary to release or withhold funds for the current fiscal year. (2) The Board shall notify the State Superintendent and the Comptroller as soon as practicable for purposes of § 5–205 of this title if it decides to release or withhold additional funds during the current fiscal year. (k) The Board shall develop an appeals process through which a public school or local school system may contest the withholding of funds under this section.

Md. Code, Education § 5-406

(a) The Board shall review the use of funds provided under Subtitle 2 of this title by the State and local government agencies responsible for implementing the Blueprint for Maryland’s Future. (b) (1) On or before January 1 each year in 2022 through 2032, the Department shall submit to the Board information on the use of school–level expenditures in the current fiscal year to aid the Board in fulfilling its responsibilities under this subtitle. (2) (i) Subject to subparagraph (ii) of this paragraph, each local school system shall report to the Department, in a manner determined by the Department, on school–level spending to aid the Department in fulfilling its obligations under this subtitle. (ii) Each local school system that includes public charter schools shall account in the report required under this subsection for the distribution of school–level funding to public charter schools to demonstrate compliance with § 5–234 of this title. (c) The Board shall monitor the expenditures of local school systems to ensure that minimum school–level funding requirements under § 5–234 of this title are met. (d) The Board shall monitor the expenditures of funding provided to local school systems under § 5–223 of this title to ensure that public schools are providing the necessary services. (e) (1) The Board shall monitor how additional special education funding provided under § 5–225 of this title is being used, including: (i) The aggregate number of children in special education services by school; and (ii) The special education services that have been provided through funding under § 5–225 of this title. (2) If a local school system is not spending funding allocated under § 5–225 of this title in addition to special education spending levels provided by State and local funds on June 30, 2020, the local school system shall provide a written response to the Board explaining why additional spending on special education is not necessary. (f) The Board shall develop an appeals process through which local school systems may request greater flexibility in meeting this requirement for reasons including a significant shift in total enrollment or at–promise enrollment between schools from the prior school year to the current school year.

Md. Code, Education § 5-407

(a) Beginning in fiscal year 2022, the Board may determine to withhold appropriated funds from the Department, the Maryland Higher Education Commission, the Career and Technical Education Committee, or any other entity of State or local government responsible for developing an implementation plan under § 5–404 of this subtitle if the entity: (1) Has not developed an initial implementation plan, or has not had its implementation plan approved; or (2) Has not implemented its implementation plan appropriately. (b) The Board shall notify the Comptroller, the Governor, the President of the Senate, and the Speaker of the House of Delegates regarding the intent to withhold appropriated funds under this section. (c) After receiving notification from the Board under subsection (b) of this section, the Comptroller shall withhold the amount of funding that the Board determines is necessary to be withheld.

Md. Code, Education § 5-408

(a) In order to meet its obligation to track whether the Blueprint for Maryland’s Future is progressing according to plan, the Board shall: (1) Develop guidelines for the submission of reports by: (i) The Department; (ii) Local school systems; and (iii) Public schools; (2) Using reports submitted in accordance with item (1) of this subsection and the Board’s ongoing monitoring as a guide, gather and analyze disaggregated data, in accordance with subsection (c) of this section, to measure progress made on the implementation of the Blueprint for Maryland’s Future, by examining: (i) The effects on student performance over time, with specific emphasis on closing achievement gaps between student groups of different: 1. Race; 2. Ethnicity; 3. Disability status; 4. Household income; 5. Linguistic status; and 6. Any other student group characteristics that feature achievement gaps as determined by the Board; and (ii) Student outcomes, such as: 1. Absenteeism; 2. Disciplinary action; 3. Enrichment opportunities; and 4. Meaningful family involvement; (3) Monitor and review the performance of each teacher preparation program at an institution of higher education and alternative teacher preparation program; (4) Monitor changes in the concentration of students eligible for free and reduced price meals within public schools and local school systems; (5) Examine the school–level diversity of public school staff and student bodies; (6) Monitor and review the placement and concentration of students in particular racial, ethnic, linguistic, economic, and disability status groups assigned to: (i) Novice teachers; (ii) Teachers providing instruction in fields in which they lack expertise; (iii) Substitute teachers who teach the same class for more than 1 week; and (iv) Effective teachers, including teachers at levels three and four of the career ladder established under Title 6, Subtitle 10 of this article; (7) Monitor and review the progress of community schools receiving grants under § 5–223 of this article; (8) Monitor public schools and local school systems to ensure that sufficient numbers of teachers are participating in the career ladder and achieving National Board Certification, as provided in Title 6, Subtitle 10 of this article; (9) Examine the racial, ethnic, disability–status, and income makeup of full–day prekindergarten students, disaggregated by providers, and monitor whether the mix of public and private prekindergarten providers is effectively meeting the needs of families; and (10) Approve the plans for deployment of Expert Review Teams submitted by the Department and the Career and Technical Education Committee under §§ 5–411 and 5–412 of this subtitle. (b) (1) In gathering and analyzing data to complete its duties under this subtitle, the Board may collect data from any relevant entities. (2) If additional data is needed for the Board to complete its duties, the Board may request that other appropriate government agencies aid in the collection of data. (3) Unless otherwise prohibited by law, a government agency shall provide the Board with any requested data. (4) Unless otherwise prohibited by law, a government agency whose aid the Board has requested under this subsection shall regularly collect the requested data and provide it to the Board. (c) The Board shall work with the Maryland Longitudinal Data System Center to collect and analyze data necessary to carry out the Board’s responsibilities under this subtitle and may direct the Center to provide: (1) A researcher designated by the Board access to the data in the Maryland Longitudinal Data System in accordance with the procedures for staff authorization and data access established by the Maryland Longitudinal Data System governing board; (2) Aggregate data tables; or (3) Research or evaluation. (d) Any student–level information reported to or by the Board shall be disaggregated by race, ethnicity, gender, family income level, linguistic status, and disability status.

Md. Code, Education § 5-409

(a) In addition to any other duties assigned or duties granted to the Board under this subtitle, the Board has the power to perform the duties described in this section. (b) The Board shall: (1) Oversee the work of the Career and Technical Education Committee established under § 21–209 of this article; (2) Coordinate through the Department the State’s participation in the Organization for Economic Cooperation and Development’s Program for International Student Assessment survey program; (3) In accordance with § 5–408(c) of this subtitle, report on or before November 1 each year for calendar years 2021 through 2031 to the Governor, the public, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on: (i) Progress made on the implementation of the Blueprint for Maryland’s Future; (ii) Recommended legislative changes, including any changes necessary to ensure that the implementations have adequate resources and measurements; (iii) The degree to which State and local agencies, as applicable, are carrying out their assigned roles in implementing the Blueprint for Maryland’s Future; and (iv) Whether the funds provided by the State and local governments are consistent with the Board’s estimate of what is necessary to fully implement the Blueprint for Maryland’s Future; (4) Provide training to Expert Review Teams established under § 5–411 of this subtitle; and (5) Provide outreach and educational materials to parents, students, and members of the public on the Blueprint for Maryland’s Future. (c) The Board may: (1) Recommend that the Department and the Maryland Higher Education Commission review the accreditation of a program reviewed under § 5–408(a)(3) of this subtitle that was found to be ineffective; (2) Determine that the career ladder system under Title 6, Subtitle 10 of this article has been well established throughout the State for the purposes of implementing the Blueprint for Maryland’s Future; (3) Make grants to innovative programs developed by public schools, institutions of postsecondary education, nonprofit organizations, and other persons that help further the Board’s purpose; and (4) Perform any other duties necessary to carry out the powers granted under this subtitle.

Md. Code, Education § 5-410

(a) In addition to its own assessments and tracking of progress, required under § 5–406 of this subtitle, the Board shall contract with a public or private entity to conduct an independent evaluation of the State’s progress in implementing the Blueprint for Maryland’s Future and achieving the expected outcomes during the implementation period. (b) The independent evaluation shall include an assessment of: (1) The use of additional funding to meet the goals of the Blueprint for Maryland’s Future; (2) Progress toward the goals of the Blueprint for Maryland’s Future and whether the goals have been achieved; and (3) Any recommendations to alter the goals or strategies employed to reach the goals, including new uses for existing funds or additional funding. (c) (1) An entity with which the Board contracts for an independent evaluation shall report its results to the Board on or before: (i) December 1, 2026; and (ii) October 1, 2030. (2) The Board shall contract for each independent evaluation as soon as practicable. (d) (1) (i) On or before January 15, 2027, the Board shall, using the first independent evaluation and its own judgment, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on whether the Blueprint for Maryland’s Future is being implemented as intended and achieving the expected outcomes. (ii) The Board’s report shall include an assessment of the State’s progress towards: 1. Increasing the number of teachers achieving National Board Certification; 2. Providing full–day prekindergarten programs for 3– and 4–year–olds in accordance with Title 7, Subtitle 1A of this article; 3. Improving behavioral health services in accordance with § 7–447 of this article; and 4. Ensuring that students enrolled in public schools meet college and career standards in accordance with § 7–205.1 of this article. (iii) The Board’s report shall include any legislative or structural corrections necessary to fully implement the Blueprint. (2) On or before December 1, 2030, the Board shall report on the results of the final independent evaluation to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. (3) The Board’s reports under this subsection shall include: (i) Practices being used to close achievement gaps between students of different groups listed in § 5–408(a)(2)(i) of this subtitle; (ii) Progress made in closing the achievement gaps listed under item (i) of this paragraph; and (iii) Assessments of student outcomes listed under § 5–408(a)(2)(ii) of this subtitle, disaggregated by race, income, ethnicity, and gender. (e) (1) The Board shall determine: (i) Whether the Blueprint for Maryland’s Future is working as intended; (ii) What steps are necessary to continue providing a globally competitive education to the children of the State; (iii) If any changes to the structure, functioning, and authority of State and local agencies responsible for education are necessary; and (iv) Whether the Board should continue to monitor implementation of the Blueprint for Maryland’s Future after June 30, 2032. (2) In making its determination, the Board shall examine the manner in which State and local government entities responsible for implementing the Blueprint for Maryland’s Future have contributed to educating, training, providing learning opportunities for, and developing the careers of students and young people in the State. (3) The Board shall identify ways to foster partnerships between local school systems, public schools, and institutions of higher education, and develop collaborative relationships among the entities examined under paragraph (2) of this subsection to create a world–class 21st–century education system in the State. (4) The Board shall report its findings under this subsection in the report required under subsection (d)(2) of this section.

Md. Code, Education § 5-411

(a) In this section, “Program” means the Expert Review Team Program. (b) The Department shall establish, administer, and supervise an Expert Review Team Program. (c) The purpose of the Program is for teams of expert educators to: (1) Conduct interviews, observe classes, and use other data to analyze the extent to which the Blueprint for Maryland’s Future is being implemented; and (2) Collaborate with school–based faculty and staff and local school system staff to: (i) Determine reasons why student progress is insufficient; and (ii) Develop recommendations, measures, and strategies to address the issues identified by the Expert Review Team. (d) (1) The Department shall select highly regarded Expert Review Team members for the Program, who reflect, to the extent practicable, the geographic, racial, ethnic, linguistic, and gender diversity of the population of public school students, from the following groups: (i) Teachers who are represented by teachers’ organizations that, for purposes of collective bargaining, represent a majority of teachers in the State or in a local school system; (ii) School leaders; and (iii) Other individuals who have expertise directly relevant to the purpose and duties of the Program. (2) After the career ladder under Title 6, Subtitle 10 of this article is well established throughout the State, the Department shall select Expert Review Team members from expert teachers and principals who are in senior positions on the career ladder. (3) To the extent practicable, a teacher who visits an elementary, middle, or high school as a member of an Expert Review Team shall have experience working in or knowledge of the type of school being visited. (e) Each member of an Expert Review Team shall be thoroughly trained by the Board on the Blueprint for Maryland’s Future and its rationale, including detailed information on the way similar systems work in top–performing school systems in the world. (f) (1) During a school visit, an Expert Review Team shall: (i) Conduct comprehensive in–school investigations of the causes of poor student performance; and (ii) Make recommendations to the following entities on the measures needed to improve the performance of low–performing schools and correct identified problems: 1. Principal and county superintendent; 2. School faculty; 3. County boards of education; and 4. The community. (2) An Expert Review Team may, in the course of its work under paragraph (1) of this subsection: (i) Perform evaluations of behavioral health services provided in a school; and (ii) If the Team determines that poor student performance is due, in part, to missing or inadequate behavioral health services, make recommendations to the appropriate entities to correct the identified problems. (3) After a school visit, an Expert Review Team shall submit a report to the Department within the time period, in the manner, and including the information required by the Department. (g) (1) Beginning on or before July 1, 2021, and each July 1 through 2030, the Department shall develop and submit to the Board for approval a plan to deploy the Expert Review Teams in the following school year. (2) (i) Beginning on July 1, 2023, the Department shall send Expert Review Teams to at least 10% of public schools in at least three different local school systems each year. (ii) An Expert Review Team shall be sent to every residential facility in which juveniles are educated in accordance with Title 9, Subtitle 6 of the Human Services Article by the end of the 2025–2026 school year. (iii) An Expert Review Team shall be sent at least once to every public school in the State by the end of the 2030–2031 school year. (3) (i) The Department shall, in accordance with an approved deployment plan and subject to the provisions of this subsection, send an Expert Review Team to: 1. Each school determined to be one of the lowest performing schools in the State once each year; 2. Schools determined to be lower performing schools in the State on a regular schedule but not every year; 3. Schools determined to be the highest performing in the State; and 4. All other schools at intervals determined by a randomized selection process. (ii) The lowest and highest performing schools shall be determined by: 1. A. The overall performance on State assessments; and B. The performance of subgroups of students on State assessments; or 2. Based on data produced by the data monitoring system established under the federal Every Student Succeeds Act. (4) Beginning on July 1, 2025, a school that has not been selected for review by an Expert Review Team may submit a request to the Department for a review. (5) The Board may request that the Department send an Expert Review Team to a particular school. (6) Beginning in the 2022–2023 school year, the Department shall send an Expert Review Team to a school or a group of schools in the same immediate area in which students continue to demonstrate learning loss that began in relation to the COVID–19 pandemic for the purpose of determining the reason that the learning loss continues. (h) During the period from July 1, 2023, through June 30, 2025, the report and recommendations of an Expert Review Team shall be advisory only and may be used by a school and local school system to strengthen the school program and the management of the school and local school system. (i) (1) (i) Beginning on July 1, 2025, the report and recommendations of an Expert Review Team shall be used by the Department as the basis for a recommendation to the Board under § 5–405 of this subtitle as to whether to release a portion of the annual increase in funding for the upcoming school year because the school and the local school system have developed a satisfactory plan for the use of the funds consistent with the Expert Review Team’s recommendations. (ii) In fulfilling its duties under this subsection, an Expert Review Team in the Program may make recommendations on: 1. Requiring State action in accordance with § 7–203.4 of this article; or 2. Pairing the school with a higher performing school with similar demographics from which the school leadership collaborates and shares expertise for the benefit of faculty and staff. (2) If the Board determines that all or a portion of a school’s annual increase in funding should not be released due to an unsatisfactory plan, the Department shall work with the school and local school system to develop a satisfactory plan to allow release of the withheld funds.

Md. Code, Education § 5-412

(a) (1) In this section the following words have the meanings indicated. (2) “CTE Committee” means the Career and Technical Education Committee established under § 21–207 of this article. (3) “Program” means the CTE Expert Review Team Program. (b) (1) The CTE Committee shall establish, administer, and supervise a CTE Expert Review Team Program for schools with career and technical education programs and pathways. (2) Subject to the provisions of this subsection, the program will have the same purpose, structure, training, and reporting requirements as the Expert Review Team Program established by the Department under § 5–411 of this subtitle. (3) (i) The CTE Committee shall select the members of CTE Expert Review Teams in the Program. (ii) The CTE Committee shall select CTE Expert Review Team members who, to the extent practicable, reflect the geographic, racial, ethnic, linguistic, and gender diversity of the population of the public school students, from the following groups: 1. Highly regarded career and technical education teachers who are represented by teachers’ organizations that, for purposes of collective bargaining, represent a majority of teachers in the State or in a local school system; 2. School leaders; 3. Employers; 4. Trade unions; and 5. Apprenticeship and internship sponsors. (4) During a school visit, a CTE Expert Review Team shall conduct interviews, observe classes, and use other data to: (i) Determine whether student progress is insufficient toward successful completion of the CTE pathway; and (ii) Develop recommendations, measures, and strategies to address the issues identified by the CTE Expert Review Team. (5) After a CTE Expert Review Team issues a report, the school, the county board, the employers, and apprenticeship or internship sponsors shall: (i) Review the report and recommendations; and (ii) If necessary, submit a plan to the CTE Committee addressing the recommendations in the report. (6) (i) Beginning on July 1, 2022, and ending July 1, 2031, the CTE Committee shall develop and submit to the Board, for approval, a plan to deploy the CTE Expert Review Teams in the following school year. (ii) Subject to the Board’s approval, the CTE Committee shall schedule CTE Expert Review Team school visits in a manner designed to provide the CTE Committee and the Department with sufficient information to make informed decisions on the release of school funds conditioned on student performance, including adequate time for a school to respond to an Expert Review Team’s report and recommendations before decisions are made regarding the retaining of school funds.

Md. Code, Education § 5-413

(a) On or before July 1 each year, beginning in 2022 and ending in 2031, the Maryland Longitudinal Data System Center, in consultation with the Department and the Maryland Higher Education Commission, shall submit a report to the Board, the Governor, and in accordance with § 2–1257 of the State Government Article, the General Assembly on the progress made in increasing the preparation and diversity of teacher candidates and new teachers in the State as required by the Blueprint for Maryland’s Future. (b) The report required under subsection (a) of this section shall include: (1) Data trends in: (i) The number of applications to and acceptance by Maryland teacher education institutions and alternative programs that prepare educators, as a whole and disaggregated by gender, racial, and ethnic background; (ii) Teacher quality as measured by the grades, class standing, and accountability test performance of students applying to and admitted to institutions and alternative programs; (iii) The proportion of graduates of teacher education programs, including those graduates expecting to teach at the elementary school level, who have majored as undergraduates in the subjects they plan to teach to the total number of graduates of teacher education programs; (iv) The proportion of new teachers hired in the State who were trained out of State to those trained in the State; (v) The satisfaction of school district officials with newly hired teachers who have just graduated from Maryland institutions as determined by the school district officials’ responses to questions on a form the officials helped develop; and (vi) The proportion of graduates of teacher education programs who pass required tests for licensure on the first attempt and after subsequent attempts; (2) Measures taken to increase the proportion of highly qualified individuals from groups historically underrepresented in the teaching profession who apply to teacher education institutions; (3) Measures taken to increase the number of high school graduates with very strong academic backgrounds who select teaching as a career; (4) Measures taken to make teacher education in the underlying disciplines more rigorous; (5) Measures taken to better align the programs of the teacher education institutions with State curriculum frameworks; (6) Measures taken to improve the background of beginning teachers in research and research techniques; (7) Implementation of more rigorous licensing standards and measures for new teachers in both mastery of the subject being taught and the methods for teaching it; (8) Implementation of incentives to attract high–quality high school graduates into careers in teaching; (9) Trends in the rates at which teachers are acquiring the credentials needed to advance up the career ladder, established under Title 6, Subtitle 10 of this article, including National Board Certification and higher steps on the ladder; (10) Trends in the distribution of teachers along the steps of the career ladder; (11) Trends in longevity in teaching in Maryland schools and, in particular, schools serving high proportions of historically underserved students; (12) Trends in the number of teacher candidates of color hired by local school systems disaggregated by higher education institution and alternative teacher preparation program and the systems in which those new teachers were hired; and (13) Trends in the number of teachers certified through alternative preparation programs that meet the requirements of the Blueprint for Maryland’s Future related to a longer practicum by school system.

Md. Code, Education § 5-414

(a) On or after July 1, 2026, the Board, in consultation with the Maryland Longitudinal Data System Center, shall perform an evaluation that measures the effectiveness of efforts to increase diversity in: (1) Enrollment in teacher preparation programs; (2) Teacher candidates who successfully graduate from teacher preparation programs and subsequently enter the teaching profession; and (3) Teachers and school leaders in primary and secondary schools in the State. (b) The evaluation required under subsection (a) of this section shall be conducted in consultation with at least one institution of higher education in the State. (c) On or before December 31, 2026, the Board shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the evaluation performed under subsection (a) of this section, including any recommendations for alterations in State programs and policies as needed to ensure diversity in the areas described under subsection (a) of this section.

Md. Code, Education § 5-501

(a) For fiscal year 2001 and each fiscal year thereafter, to be considered for funding under this subtitle, an educational institution must qualify as a State-aided educational institution under this subtitle. (b) To qualify as a State-aided educational institution, an educational institution shall submit to the Department the following documentation: (1) The names of the members of an independent governing board for the institution; (2) Proof of status as a nonprofit organization; (3) A copy of the most recent independent annual audit or copies of the most recent internally generated financial statements until the annual audit is available; (4) A detailed operating budget that: (i) For an educational institution other than the Baltimore Zoo, indicates that less than 50% of the operating budget comes from State grants; (ii) Specifies all sources of income, including grants received, names of granting agencies, and the amount of each grant; and (iii) Specifies all expenditures; (5) Plans for the use of any grant funds that may be awarded by the State-aided educational institutions grants programs; (6) Evidence of the provision of a direct service to Maryland school groups or to individuals with disabilities, including: (i) Data on age levels of students to be served; (ii) Data on the projected number of students and teachers to be served both statewide and by local jurisdiction; and (iii) Plans of the institution to support the goals of the Maryland Schools for Success Program and the Maryland School Performance Program; and (7) Evidence of liability insurance coverage.

Md. Code, Education § 5-502

An educational institution that seeks to qualify as a State-aided educational institution for funding in the fiscal year following the upcoming fiscal year shall submit before May 1 to the Maryland State Department of Education: (1) An augmentation request describing: (i) Who will be served; (ii) The objectives of the educational program; and (iii) The anticipated outcomes; (2) An application for qualification as a State-aided educational institution; and (3) Supporting documentation as described in § 5-501 of this subtitle.

Md. Code, Education § 5-503

The Department shall review applications for qualification as a State-aided educational institution and shall submit a list of the qualified institutions to the State Superintendent of Schools in June.

Md. Code, Education § 5-504

The State Superintendent shall: (1) Review and comment on the institutions on the list of qualified institutions and the extent and manner in which each would forward the goals of the Maryland Schools for Success Program and the Maryland School Performance Program; and (2) Present the list of qualified institutions and comments on each institution to the State Board at the July meeting for review and comment by the Board at the August meeting.

Md. Code, Education § 5-505

After the August meeting, the State Board shall submit to the Governor: (1) The list of qualified institutions; (2) The Superintendent’s comments on each institution; and (3) The Board’s comments, if any, on each institution.

Md. Code, Education § 5-506

The Department shall adopt regulations to implement this subtitle.

Md. Code, Education § 5-601

The provisions of this subtitle do not apply to a county otherwise authorized to issue bonds to fund public school construction under other provisions of the Code.

Md. Code, Education § 5-602

(a) In this subtitle, “construction or improvement” means the planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping. (b) A county may issue bonds to finance any or all of the costs of construction or improvement of public schools in the county provided that the construction and improvement contracts and subcontracts comply with the requirements of Title 17, Subtitle 2 and Title 14 of the State Finance and Procurement Article if the requirements would otherwise be applicable. (c) (1) Bonds shall be authorized by a resolution of the governing body of the county. (2) The resolution shall: (i) Generally describe the public school construction or improvements to be financed through the sale of the bonds; (ii) State the maximum principal amount of the bonds; (iii) Describe the sources of repayment of the bonds; (iv) State the maximum term of the bonds, which may not exceed 30 years; and (v) Describe any terms or conditions under which the bonds may be redeemed before maturity. (d) The bonds shall: (1) Be dated and bear interest at a rate specified in the resolution; (2) Mature within 30 years of the date of issuance of the bonds; (3) Be issued at, above, or below par value, for cash or other consideration; (4) Be payable at a time, in the denomination, in registered form, within the meaning of § 19–204 of the Local Government Article, as specified in the resolution; (5) Carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds, as specified in the resolution; (6) Be payable in lawful money of the United States of America at a designated place; (7) Be subject to the terms and conditions specified in the resolution; and (8) Be sold in the manner, including private or negotiated sale, and upon the terms, specified in the resolution. (e) The county may enter into agreements with agents, banks, fiduciaries, insurers, or others to: (1) Enhance the marketability of and security for the bonds; or (2) Secure any tender option granted to the holders of the bonds. (f) If any officer whose signature appears on a bond ceases to be an officer before delivery of the bonds, the signature is valid and sufficient for all purposes. (g) The bonds, their issue, and their sale may be exempt from the provisions of §§ 19–205 and 19–206 of the Local Government Article. (h) (1) Except as provided in paragraph (2) of this subsection, the net proceeds of the sale of the bonds may only be applied to the construction or improvement of public school facilities, as described in the resolution authorizing the issuance of the bonds. (2) If the net proceeds of the sale of any bonds exceeds the amount needed for the construction or improvement of the public school facilities, as described in the resolution, the excess funds shall be applied to: (i) The payment of interest on the bonds; (ii) The payment of the next principal maturity of the bonds; (iii) The redemption of any part of the bonds that are redeemable before maturity; or (iv) If authorized by a resolution issued by the governing body of the county, the construction or improvement of other public school facilities. (i) Bonds issued under this subtitle are negotiable instruments under the laws of this State. (j) Before the preparation of bonds, the county may issue bond anticipation notes in accordance with Title 19, Subtitle 2, Part III of the Local Government Article.

Md. Code, Education § 5-603

(a) Bonds issued under this subtitle constitute an irrevocable pledge of the full faith and credit and unlimited taxing power of the county to the payment of the principal of and interest on the bonds when the bonds become payable. (b) (1) Except as provided in paragraph (2) of this subsection, in every fiscal year in which any of the bonds are outstanding, the county shall levy ad valorem taxes on all assessable property within the corporate limits of the county in an amount sufficient to make payments, when due, on the principal of and interest on the bonds. (2) If other funds are available to pay the principal of and interest on the bonds, the county may reduce the taxes that would otherwise need to be levied under this section. (c) The county may apply funds received from any source to the payment of the principal of and interest on the bonds.

Md. Code, Education § 5-604

Bonds issued under this subtitle are exempt from State, county, and municipal taxation.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026