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Statutes Text

Article - 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.



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