Maryland 2023 Regular Session

Maryland House Bill HB1079 Compare Versions

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1- WES MOORE, Governor Ch. 793
21
3-– 1 –
4-Chapter 793
5-(House Bill 1079)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1079*
810
9-Prince George’s County – Board of Education and School System Revisions and
10-Local Public Campaign Financing for Board of Education Members
11+HOUSE BILL 1079
12+F3, G1 (3lr2825)
13+ENROLLED BILL
14+— Ways and Means/Education, Energy, and the Environment —
15+Introduced by Prince George’s County Delegation
1116
12-PG 502–23
17+Read and Examined by Proofreaders:
1318
14-FOR the purpose of altering the purpose of and the duties and responsibilities of the Prince
15-George’s County Board of Education and certain officers of the county board; altering
16-the voting authority of the student member of the county board; renaming and
17-altering the duties of the County Superintendent of Schools; establishing an Office
18-of Accountability and Compliance to be headed by an Inspector General in the Prince
19-George’s County government for certain purposes; altering the residency, term limit,
20-age, and compensation requirements for elected members of the county board;
21-requiring the county board to retain counsel and pay certain counsel fees and expenses
22-incurred for defending a member in litigation involving a member’s service in the
23-member’s official capacity on the county board under certain circumstances; altering
24-certain procedures for the election of the student member of the county board;
25-requiring the Prince George’s County public school system to provide equal campaign
26-funds for certain candidates for the student member of the county board and to
27-educate students on the voting process under certain circumstances; applying certain
28-provisions of this Act retroactively; authorizing the governing body of Prince George’s
29-County to establish a system of public campaign financing for elected members of
30-the county board after the governing body has implemented a system of public
31-campaign financing for elective offices in the executive or legislative branches of the
32-county government for at least one complete election cycle; prohibiting the system
33-from including public campaign financing for the election of a student member of the
34-board; and generally relating to the governance of the Prince George’s County public
35-school system.
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3623
37-BY repealing and reenacting, without amendments,
38- Article – Education
39-Section 3–1002(b) 3–1002(b) and (c)
40- Annotated Code of Maryland
41- (2022 Replacement Volume)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4225
43-BY repealing and reenacting, with amendments,
44- Article – Education
45-Section 3–1002(i) 3–1002(c) and (i) 3–1002(g) and (i), 3–1004, 4–104, 4–102(a),
46-4–112, and 4–401 through 4–403
47- Annotated Code of Maryland
48- (2022 Replacement Volume)
49- Ch. 793 2023 LAWS OF MARYLAND
26+_______ day of _______________ at ________________________ o’clock, ________M.
5027
51-– 2 –
52-BY adding to
53- Article – Education
54-Section 4–404 and 4–405
55- Annotated Code of Maryland
56- (2022 Replacement Volume)
28+______________________________________________
29+Speaker.
5730
58-BY repealing and reenacting, without amendments,
59- Article – Education
60-Section 3–1002(a) and (d) 3–1002(a), (b), and (d)
61- Annotated Code of Maryland
62- (2022 Replacement Volume)
63-(As enacted by Chapter 217 of the Acts of the General Assembly of 2022)
31+CHAPTER ______
6432
65-BY repealing and reenacting, with amendments,
66- Article – Education
67-Section 3–1002(c), (f), and (g) 3–1002(c) and (g) and 3–1003(a)
68- Annotated Code of Maryland
69- (2022 Replacement Volume)
70-(As enacted by Chapter 217 of the Acts of the General Assembly of 2022)
33+AN ACT concerning 1
7134
72-BY repealing and reenacting, with amendments,
73- Article – Election Law
74-Section 13–505
75- Annotated Code of Maryland
76- (2022 Replacement Volume and 2022 Supplement)
35+Prince George’s County – Board of Education and School System Revisions and 2
36+Local Public Campaign Financing for Board of Education Members 3
7737
78- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
79-That the Laws of Maryland read as follows:
38+PG 502–23 4
8039
81-Article – Education
40+FOR the purpose of altering the purpose of and the duties and responsibilities of the Prince 5
41+George’s County Board of Education and certain officers of the county board; altering 6
42+the voting authority of the student member of the county board; renaming and 7
43+altering the duties of the County Superintendent of Schools; establishing an Office 8
44+of Accountability and Compliance to be headed by an Inspector General in the Prince 9
45+George’s County government for certain purposes; altering the residency, term limit, 10
46+age, and compensation requirements for elected members of the county board; 11
47+requiring the county board to retain counsel and pay certain counsel fees and expenses 12
48+incurred for defending a member in litigation involving a member’s service in the 13
49+member’s official capacity on the county board under certain circumstances; altering 14 2 HOUSE BILL 1079
8250
83-3–1002.
8451
85- (b) The Prince George’s County Board consists of 14 members as follows:
52+certain procedures for the election of the student member of the county board; 1
53+requiring the Prince George’s County public school system to provide equal campaign 2
54+funds for certain candidates for the student member of the county board and to 3
55+educate students on the voting process under certain circumstances; applying certain 4
56+provisions of this Act retroactively; authorizing the governing body of Prince George’s 5
57+County to establish a system of public campaign financing for elected members of 6
58+the county board after the governing body has implemented a system of public 7
59+campaign financing for elective offices in the executive or legislative branches of the 8
60+county government for at least one complete election cycle; prohibiting the system 9
61+from including public campaign financing for the election of a student member of the 10
62+board; and generally relating to the governance of the Prince George’s County public 11
63+school system. 12
8664
87- (1) Nine elected members, each of whom resides in a different school board
88-district;
65+BY repealing and reenacting, without amendments, 13
66+ Article – Education 14
67+Section 3–1002(b) 3–1002(b) and (c) 15
68+ Annotated Code of Maryland 16
69+ (2022 Replacement Volume) 17
8970
90- (2) Four appointed members; and
71+BY repealing and reenacting, with amendments, 18
72+ Article – Education 19
73+Section 3–1002(i) 3–1002(c) and (i) 3–1002(g) and (i), 3–1004, 4–104, 4–102(a), 20
74+4–112, and 4–401 through 4–403 21
75+ Annotated Code of Maryland 22
76+ (2022 Replacement Volume) 23
9177
92- (3) One student member selected under subsection (g)(2) of this section.
78+BY adding to 24
79+ Article – Education 25
80+Section 4–404 and 4–405 26
81+ Annotated Code of Maryland 27
82+ (2022 Replacement Volume) 28
9383
94- (c) (1) One member of the county board shall be elected from each of the nine
95-school board districts described in § 3–1001 of this subtitle.
96- WES MOORE, Governor Ch. 793
84+BY repealing and reenacting, without amendments, 29
85+ Article – Education 30
86+Section 3–1002(a) and (d) 3–1002(a), (b), and (d) 31
87+ Annotated Code of Maryland 32
88+ (2022 Replacement Volume) 33
89+(As enacted by Chapter 217 of the Acts of the General Assembly of 2022) 34
9790
98-– 3 –
99- (2) From the time of filing as a candidate for election, each candidate shall
100-be a registered voter of the county and a resident of the school board district the candidate
101-seeks to represent.
91+BY repealing and reenacting, with amendments, 35
92+ Article – Education 36
93+Section 3–1002(c), (f), and (g) 3–1002(c) and (g) and 3–1003(a) 37
94+ Annotated Code of Maryland 38
95+ (2022 Replacement Volume) 39
96+(As enacted by Chapter 217 of the Acts of the General Assembly of 2022) 40
10297
103- (3) An elected county board member shall forfeit the office if the member:
98+BY repealing and reenacting, with amendments, 41 HOUSE BILL 1079 3
10499
105- (i) Fails to reside in the school board district from which the
106-member was elected, unless this change is caused by a change in the boundaries of the
107-district; or
108100
109- (ii) Fails to be a registered voter of the county.
101+ Article – Election Law 1
102+Section 13–505 2
103+ Annotated Code of Maryland 3
104+ (2022 Replacement Volume and 2022 Supplement) 4
110105
111- (4) A county board member may not hold another office of profit in county
112-government during the member’s term.
106+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
107+That the Laws of Maryland read as follows: 6
113108
114- (5) Each elected member of the county board shall be nominated by the
115-registered voters of the member’s school board district.
109+Article – Education 7
116110
117- (6) EXCEPT FOR THE STUDEN T MEMBER, EACH ELECTED MEMBER OF
118-THE COUNTY BOARD SHAL L BE AT LEAST 21 YEARS OLD.
111+3–1002. 8
119112
120- (g) (1) The student member shall be an eleventh or twelfth grade student in the
121-Prince George’s County public school system during the student’s term in office.
113+ (b) The Prince George’s County Board consists of 14 members as follows: 9
122114
123- (2) (I) An eligible student shall file a nomination form at least [2] 3
124-weeks before a special election meeting of the Prince George’s Regional Association of Student
125-Governments.
115+ (1) Nine elected members, each of whom resides in a different school board 10
116+district; 11
126117
127- (II) Nomination forms shall be made available in the administrative
128-offices of all public senior high schools in the county, the office of student concerns, and the
129-office of the president of the regional association.
118+ (2) Four appointed members; and 12
130119
131- (III) The delegates to the regional association annually shall elect TWO
132-CANDIDATES FOR the student member to the board at a [special] PRIMARY election meeting
133-to be held each school year.
120+ (3) One student member selected under subsection (g)(2) of this section. 13
134121
135- (3) The student member may vote on all matters before the board except
136-those relating to:
122+ (c) (1) One member of the county board shall be elected from each of the nine 14
123+school board districts described in § 3–1001 of this subtitle. 15
137124
138- (i) [Capital and operating budgets;
125+ (2) From the time of filing as a candidate for election, each candidate shall 16
126+be a registered voter of the county and a resident of the school board district the candidate 17
127+seeks to represent. 18
139128
140- (ii) School closings, reopenings, and boundaries;
129+ (3) An elected county board member shall forfeit the office if the member: 19
141130
142- (iii)] Collective bargaining decisions;
131+ (i) Fails to reside in the school board district from which the 20
132+member was elected, unless this change is caused by a change in the boundaries of the 21
133+district; or 22
143134
144- [(iv) Student disciplinary matters; Ch. 793 2023 LAWS OF MARYLAND
135+ (ii) Fails to be a registered voter of the county. 23
145136
146-– 4 –
137+ (4) A county board member may not hold another office of profit in county 24
138+government during the member’s term. 25
147139
148- (v)] (II) Teacher and administrator disciplinary matters as
149-provided under § 6–202(a) of this article; and
140+ (5) Each elected member of the county board shall be nominated by the 26
141+registered voters of the member’s school board district. 27
150142
151- [(vi)] (III) Other personnel matters.
143+ (6) EXCEPT FOR THE STUDEN T MEMBER, EACH ELECTED MEMBER OF 28
144+THE COUNTY BOARD SHA LL BE AT LEAST 21 YEARS OLD. 29
152145
153- (4) On an affirmative vote of a majority of the elected and appointed
154-members of the county board, the board may determine if a matter before the board relates
155-to a subject that the student member may not vote on under paragraph (3) of this subsection.
146+ (g) (1) The student member shall be an eleventh or twelfth grade student in the 30
147+Prince George’s County public school system during the student’s term in office. 31 4 HOUSE BILL 1079
156148
157- (5) [Unless invited to attend by an affirmative vote of a majority of the
158-elected and appointed members of the county board, the] THE student member may [not]
159-attend an executive session [that] OF THE BOARD UNLESS THE EXECUTIVE SESSIO N
160-relates to [hearings]:
161149
162- (I) HEARINGS on appeals of special education placements, hearings
163-held under § 6–202(a) of this article, or collective bargaining; OR
164150
165- (II) A PERSONNEL MATTER FOR WHICH THE STUDENT MA Y NOT
166-VOTE UNDER PARAGRAPH (3) OF THIS SUBSECTION .
151+ (2) (I) An eligible student shall file a nomination form at least [2] 3 1
152+weeks before a special election meeting of the Prince George’s Regional Association of Student 2
153+Governments. 3
167154
168- (6) (I) The Prince George’s Regional Association of Student
169-Governments [may] SHALL establish procedures for the election of the student member of
170-the county board.
155+ (II) Nomination forms shall be made available in the administrative 4
156+offices of all public senior high schools in the county, the office of student concerns, and the 5
157+office of the president of the regional association. 6
171158
172- (II) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH
173-SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE FOR:
159+ (III) The delegates to the regional association annually shall elect TWO 7
160+CANDIDATES FOR the student member to the board at a [special] PRIMARY election meeting 8
161+to be held each school year. 9
174162
175- 1. THE ADMINISTRATION OF :
163+ (3) The student member may vote on all matters before the board except 10
164+those relating to: 11
176165
177- A. A PRIMARY ELECTION EAC H YEAR BY THE PRINCE
178-GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS ; AND
166+ (i) [Capital and operating budgets; 12
179167
180- B. A GENERAL ELECTION EAC H YEAR BY STUDENTS I N
181-6TH THROUGH 12TH GRADE IN THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL
182-SYSTEM; AND
168+ (ii) School closings, reopenings, and boundaries; 13
183169
184- 2. NOTIFICATION TO THE COUNTY SUPERINTENDENT
185-OF CANDIDATES SELECT ED BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF
186-STUDENT GOVERNMENTS AFTER EAC H ANNUAL PRIMARY ELE CTION.
170+ (iii)] Collective bargaining decisions; 14
187171
188- (7) FOR THE GENERAL ELECT ION HELD UNDER THIS SUBSECTION,
189-THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM SHALL:
190- WES MOORE, Governor Ch. 793
172+ [(iv) Student disciplinary matters; 15
191173
192-– 5 –
193- (I) PROVIDE EQUAL CAMPAIG N FUNDS TO THE CANDI DATES
194-FOR THE STUDENT MEMB ER OF THE BOARD ; AND
174+ (v)] (II) Teacher and administrator disciplinary matters as 16
175+provided under § 6–202(a) of this article; and 17
195176
196- (II) EDUCATE THE STUDENTS DESCRIBED UNDER PARA GRAPH
197-(6)(II)1B OF THIS SUBSECTION O N THE VOTING PROCESS BEFORE EACH GENERAL
198-ELECTION.
177+ [(vi)] (III) Other personnel matters. 18
199178
200- [(7)] (8) The election procedures established by the Prince George’s
201-Regional Association of Student Governments are subject to the approval of the elected and
202-appointed members of the county board.
179+ (4) On an affirmative vote of a majority of the elected and appointed 19
180+members of the county board, the board may determine if a matter before the board relates 20
181+to a subject that the student member may not vote on under paragraph (3) of this subsection. 21
203182
204- (i) (1) [With the approval of the Governor, the] THE State Board may remove
205-a member of the county board for any of the following reasons:
183+ (5) [Unless invited to attend by an affirmative vote of a majority of the 22
184+elected and appointed members of the county board, the] THE student member may [not] 23
185+attend an executive session [that] OF THE BOARD UNLESS THE EXECUTIVE SESSIO N 24
186+relates to [hearings]: 25
206187
207- (i) Immorality;
188+ (I) HEARINGS on appeals of special education placements, hearings 26
189+held under § 6–202(a) of this article, or collective bargaining; OR 27
208190
209- (ii) Misconduct in office;
191+ (II) A PERSONNEL MATTER FOR WHICH THE STUDENT MA Y NOT 28
192+VOTE UNDER PARAGRAPH (3) OF THIS SUBSECTION . 29
193+ HOUSE BILL 1079 5
210194
211- (iii) Incompetency; or
212195
213- (iv) Willful neglect of duty.
196+ (6) (I) The Prince George’s Regional Association of Student 1
197+Governments [may] SHALL establish procedures for the election of the student member of 2
198+the county board. 3
214199
215- (2) Before removing a member, the State Board shall send the member a
216-copy of the charges pending and give the member an opportunity within 10 days to request
217-a hearing.
200+ (II) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH 4
201+SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE FOR: 5
218202
219- (3) If the member requests a hearing within the 10–day period:
203+ 1. THE ADMINISTRATION OF : 6
220204
221- (i) The State Board promptly shall hold a hearing, but a hearing
222-may not be set within 10 days after the State Board sends the member a notice of the
223-hearing; and
205+ A. A PRIMARY ELECTION EAC H YEAR BY THE PRINCE 7
206+GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS ; AND 8
224207
225- (ii) The member shall have an opportunity to be heard publicly
226-before the State Board in the member’s own defense, in person or by counsel.
208+ B. A GENERAL ELECTION EAC H YEAR BY STUDENTS I N 9
209+6TH THROUGH 12TH GRADE IN THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL 10
210+SYSTEM; AND 11
227211
228- (4) A member removed under this subsection has the right to judicial
229-review of the removal by the Circuit Court for Prince George’s County based on an
230-administrative record and such additional evidence as would be authorized by § 10–222(f)
231-and (g) of the State Government Article.
212+ 2. NOTIFICATION TO THE COUNTY SUPERINTENDENT 12
213+OF CANDIDATES SELECT ED BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF 13
214+STUDENT GOVERNMENTS AFTER EAC H ANNUAL PRIMARY ELE CTION. 14
232215
233-3–1004.
216+ (7) FOR THE GENERAL ELECT ION HELD UNDER THIS SUBSECTION, 15
217+THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM SHALL: 16
234218
235- (a) (1) Beginning on December 5, 2022, the county board shall elect a chair
236-and vice chair of the county board from among the members of the county board.
237- Ch. 793 2023 LAWS OF MARYLAND
219+ (I) PROVIDE EQUAL CAMPAIG N FUNDS TO THE CANDI DATES 17
220+FOR THE STUDENT MEMB ER OF THE BOARD ; AND 18
238221
239-– 6 –
240- (2) The term of the chair and vice chair appointed under this subsection
241-shall be [2 years] 1 YEAR.
222+ (II) EDUCATE THE STUDENTS DESCRIBED UNDER PARA GRAPH 19
223+(6)(II)1B OF THIS SUBSECTION O N THE VOTING PROCESS BEFORE EACH GENERAL 20
224+ELECTION. 21
242225
243- (B) THE CHAIR OF THE COUN TY BOARD SHALL BE RE SPONSIBLE FOR :
226+ [(7)] (8) The election procedures established by the Prince George’s 22
227+Regional Association of Student Governments are subject to the approval of the elected and 23
228+appointed members of the county board. 24
244229
245- (1) LEADING PUBLIC MEETIN GS OF THE COUNTY BOA RD;
230+ (i) (1) [With the approval of the Governor, the] THE State Board may remove 25
231+a member of the county board for any of the following reasons: 26
246232
247- (2) MAKING SUBCOMMITTEE A PPOINTMENTS ;
233+ (i) Immorality; 27
248234
249- (3) SERVING AS THE PRIMAR Y CONTACT FOR COMMUN ICATIONS
250-BETWEEN THE COUNTY B OARD AND THE COUNTY SUPERINTENDENT ; AND
235+ (ii) Misconduct in office; 28
251236
252- (4) ADMINISTERING THE COU NTY BOARD IN ACCORDA NCE WITH
253-BYLAWS ADOPTED UNDER SUBSECTION (D) OF THIS SECTION; AND
237+ (iii) Incompetency; or 29
254238
255- (5) SIGNING CONTRACTS AUT HORIZED AND APPROVED BY A
256-MAJORITY OF THE MEMB ERS OF THE COUNTY BO ARD.
239+ (iv) Willful neglect of duty. 30
240+ 6 HOUSE BILL 1079
257241
258- [(b)] (C) Subject to the provisions of § 4–403 of this article, the affirmative vote
259-of the members of the county board for the passage of a motion by the county board shall
260-be:
261242
262- (1) Except as otherwise provided in item (2) of this subsection:
243+ (2) Before removing a member, the State Board shall send the member a 1
244+copy of the charges pending and give the member an opportunity within 10 days to request 2
245+a hearing. 3
263246
264- (i) Eight members when the student member is voting; or
247+ (3) If the member requests a hearing within the 10–day period: 4
265248
266- (ii) Seven members when the student member is not voting; or
249+ (i) The State Board promptly shall hold a hearing, but a hearing 5
250+may not be set within 10 days after the State Board sends the member a notice of the 6
251+hearing; and 7
267252
268- (2) When there are two or more vacancies on the county board:
253+ (ii) The member shall have an opportunity to be heard publicly 8
254+before the State Board in the member’s own defense, in person or by counsel. 9
269255
270- (i) Seven members when the student member is voting; or
256+ (4) A member removed under this subsection has the right to judicial 10
257+review of the removal by the Circuit Court for Prince George’s County based on an 11
258+administrative record and such additional evidence as would be authorized by § 10–222(f) 12
259+and (g) of the State Government Article. 13
271260
272- (ii) Six members when the student member is not voting.
261+3–1004. 14
273262
274- (D) (1) THE COUNTY BOARD SHAL L ADOPT BYLAWS TO GO VERN ITS
275-CONDUCT AS NECESSARY AND APPROPRIATE TO C ARRY OUT ITS PURPOSE S UNDER
276-THIS TITLE.
263+ (a) (1) Beginning on December 5, 2022, the county board shall elect a chair 15
264+and vice chair of the county board from among the members of the county board. 16
277265
278- (2) THE COUNTY BOARD SHAL L REVIEW AND UPDATE ITS BYLAWS AT
279-LEAST ONCE EVERY 4 YEARS.
266+ (2) The term of the chair and vice chair appointed under this subsection 17
267+shall be [2 years] 1 YEAR. 18
280268
281- [(c)] (E) (1) At the beginning of each term, each Board member shall attend
282-an orientation and be provided with training materials that clarify the role of a member.
283- WES MOORE, Governor Ch. 793
269+ (B) THE CHAIR OF THE COUN TY BOARD SHALL BE RE SPONSIBLE FOR : 19
284270
285-– 7 –
286- (2) IN ACCORDANCE WITH A SCHEDULE DETERMINED BY THE COUNTY
287-BOARD IN THE BYLAWS ADOPTED UNDER SUBSEC TION (D) OF THIS SECTION , EACH
288-ELECTED MEMBER SHALL COMPLETE PROFESSIONA L DEVELOPMENT IN THE
289-FOLLOWING TOPICS DUR ING EACH YEAR OF THE MEMBER’S TERM:
271+ (1) LEADING PUBLIC MEETIN GS OF THE COUNTY BOA RD; 20
290272
291- (I) COMMUNITY ENGAGEMENT ;
273+ (2) MAKING SUBCOMMITTEE A PPOINTMENTS ; 21
292274
293- (II) ETHICS;
275+ (3) SERVING AS THE PRIMAR Y CONTACT FOR COMMUN ICATIONS 22
276+BETWEEN THE COUNTY B OARD AND THE COUNTY SUPERINTENDENT ; AND 23
294277
295- (III) LEGAL ISSUES IN EDUCA TION;
278+ (4) ADMINISTERING THE COU NTY BOARD IN ACCORDA NCE WITH 24
279+BYLAWS ADOPTED UNDER SUBSECTION (D) OF THIS SECTION; AND 25
296280
297- (IV) PARLIAMENTARY PROCEDU RE;
281+ (5) SIGNING CONTRACTS AUT HORIZED AND APPROVED BY A 26
282+MAJORITY OF THE MEMB ERS OF THE COUNTY BO ARD. 27
298283
299- (V) PUBLIC EDUCATION BUDG ETING AND FINANCING ;
284+ [(b)] (C) Subject to the provisions of § 4–403 of this article, the affirmative vote 28
285+of the members of the county board for the passage of a motion by the county board shall 29
286+be: 30
300287
301- (VI) ROLE AND RESPONSIBILI TIES OF THE COUNTY B OARD; AND
288+ (1) Except as otherwise provided in item (2) of this subsection: 31 HOUSE BILL 1079 7
302289
303- (VII) ANY OTHER TOPIC DETERMINED RELEVANT BY THE
304-COUNTY BOARD .
305290
306- (3) ELECTED MEMBERS ARE E NCOURAGED TO ATTEND
307-PROFESSIONAL CONFERE NCES RELATING TO THE IR DUTIES AND RESPON SIBILITIES
308-AS A MEMBER OF A BOA RD OF EDUCATION .
309291
310- (4) (I) ON OR BEFORE DECEMBER 1 EACH YEAR, EACH ELECTED
311-MEMBER SHALL SUBMIT A PROFESSIONAL DEVEL OPMENT DISCLOSURE ST ATEMENT
312-DESCRIBING THE PROFE SSIONAL DEVELOPMENT ACTIVITIES THE MEMBE R
313-COMPLETED DURING THA T YEAR.
292+ (i) Eight members when the student member is voting; or 1
314293
315- (II) ON OR BEFORE JANUARY 30 EACH YEAR, THE COUNTY
316-BOARD SHALL POST THE PROFESSIONAL DEVELOP MENT DISCLOSURE STATEM ENTS
317-OF THE MEMBERS ON IT S WEBSITE.
294+ (ii) Seven members when the student member is not voting; or 2
318295
319- (F) (1) EACH YEAR, THE COUNTY BOARD SHA LL CONVENE AND EACH
320-ELECTED MEMBER SHALL ATTEND A PROFESSIONA L RETREAT TO:
296+ (2) When there are two or more vacancies on the county board: 3
321297
322- (I) COMPLETE PROFESSIONAL DEVELOPMENT OR OTHER
323-TRAINING;
298+ (i) Seven members when the student member is voting; or 4
324299
325- (II) SET ANNUAL COU NTY BOARD PERFORMANC E GOALS; AND
300+ (ii) Six members when the student member is not voting. 5
326301
327- (III) COMPLETE A COUNTY BOA RD SELF –EVALUATION,
328-INCLUDING IDENTIFYIN G OPPORTUNITIES TO I MPROVE THE COUNTY BO ARD’S
329-PERFORMANCE . Ch. 793 2023 LAWS OF MARYLAND
302+ (D) (1) THE COUNTY BOARD SHAL L ADOPT BYLAWS TO GO VERN ITS 6
303+CONDUCT AS NECESSARY AND APPROPRIATE TO C ARRY OUT ITS PURPOSE S UNDER 7
304+THIS TITLE. 8
330305
331-– 8 –
306+ (2) THE COUNTY BOARD SHAL L REVIEW AND UPDATE ITS BYLAWS AT 9
307+LEAST ONCE EVERY 4 YEARS. 10
332308
333- (2) WITHIN 30 DAYS OF THE LAST DAY OF THE PROFESSIONAL
334-RETREAT UNDER PARAGR APH (1) OF THIS SUBSECTION, THE COUNTY BOARD SHA LL
335-POST ON ITS WEBSITE THE RESULTS OF THE C OUNTY BOARD ’S SELF–EVALUATION
336-AND ANY IDENTIFIED O PPORTUNITIES FOR IMP ROVEMENT.
309+ [(c)] (E) (1) At the beginning of each term, each Board member shall attend 11
310+an orientation and be provided with training materials that clarify the role of a member. 12
337311
338-4–104.
312+ (2) IN ACCORDANCE WITH A SCHEDULE DETERMINED BY THE COUNTY 13
313+BOARD IN THE BYLAWS ADOPTED UNDER SUBSEC TION (D) OF THIS SECTION , EACH 14
314+ELECTED MEMBER SHALL COMPLETE PROFESSIONA L DEVELOPMENT IN THE 15
315+FOLLOWING TOPICS DUR ING EACH YEAR OF THE MEMBER’S TERM: 16
339316
340- (a) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
341-SECTION, EACH county board may:
317+ (I) COMMUNITY ENGAGEMENT ; 17
342318
343- (i) Retain counsel to represent it in legal matters that affect the
344-board; and
319+ (II) ETHICS; 18
345320
346- (ii) Contract for the payment of a reasonable fee to the counsel.
321+ (III) LEGAL ISSUES IN EDUCA TION; 19
347322
348- (2) Funds for these fees shall be included in the annual budget.
323+ (IV) PARLIAMENTARY PROCEDU RE; 20
349324
350- (b) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
351-SECTION, EACH county board may pay all or part of the counsel fees for the defense of a
352-county board member who is involved in litigation because of his service and in his official
353-capacity on that board.
325+ (V) PUBLIC EDUCATION BUDG ETING AND FINANCING ; 21
354326
355- (2) Payments made under paragraph (1) of this subsection are a valid
356-educational expense.
327+ (VI) ROLE AND RESPONSIBILI TIES OF THE COUNTY B OARD; AND 22
357328
358- (c) (1) THIS SUBSECTION APPLI ES ONLY IN PRINCE GEORGE’S COUNTY.
329+ (VII) ANY OTHER TOPIC DETERMINED RELEVANT BY THE 23
330+COUNTY BOARD . 24
359331
360- (2) THE COUNTY BOARD SHAL L RETAIN COUNSEL TO DEFEND A
361-COUNTY BOARD MEMBER WHO IS INVOLVED IN L ITIGATION BECAUSE OF THE
362-MEMBER’S SERVICE AND IN THE MEMBER’S OFFICIAL CAPACITY ON THE COUNTY
363-BOARD.
332+ (3) ELECTED MEMBERS ARE E NCOURAGED TO ATTEND 25
333+PROFESSIONAL CONFERE NCES RELATING TO THE IR DUTIES AND RESPON SIBILITIES 26
334+AS A MEMBER OF A BOA RD OF EDUCATION . 27
335+ 8 HOUSE BILL 1079
364336
365- (3) THE COUNTY BOARD SHAL L PAY ALL COUNSEL FE ES AND
366-REASONABLE AND RELAT ED EXPENSES INCURRED FOR DEFENDING A MEMB ER IN
367-LITIGATION INVOLVING THE MEMBER ’S SERVICE IN THE MEMBE R’S OFFICIAL
368-CAPACITY ON THE COUN TY BOARD IF IT IS DE TERMINED DURING THE COURSE OF
369-LITIGATION THAT THE MEMBER WAS ACTING WI THIN THE SCOPE OF TH E MEMBER’S
370-AUTHORITY AND WITHOU T MALICE AND GROSS N EGLIGENCE.
371337
372- (D) (1) In any suit or claim brought against a principal, teacher, school security
373-guard, or other agent or employee of a county board by a parent or other claimant with
374-respect to an action taken by the agent or employee, the board shall provide for counsel for
375-that individual if: WES MOORE, Governor Ch. 793
338+ (4) (I) ON OR BEFORE DECEMBER 1 EACH YEAR, EACH ELECTED 1
339+MEMBER SHALL SUBMIT A PROFESSIONAL DEVEL OPMENT DISCLOSURE ST ATEMENT 2
340+DESCRIBING THE PROFE SSIONAL DEVELOPMENT ACTIVITIES THE MEMBE R 3
341+COMPLETED DURING THA T YEAR. 4
376342
377-– 9 –
343+ (II) ON OR BEFORE JANUARY 30 EACH YEAR, THE COUNTY 5
344+BOARD SHALL POST THE PROFESSIONAL DEVELOPMENT DISCLOSU RE STATEMENTS 6
345+OF THE MEMBERS ON IT S WEBSITE. 7
378346
379- (i) The action was taken in the performance of his duties, within the
380-scope of his employment, and without malice; and
347+ (F) (1) EACH YEAR, THE COUNTY BOARD SHA LL CONVENE AND EACH 8
348+ELECTED MEMBER SHALL ATTEND A PROFESSIONA L RETREAT TO: 9
381349
382- (ii) The board determines that he was acting within his authorized
383-official capacity in the incident.
350+ (I) COMPLETE PROFESSIONAL DEVELOPMENT OR OTHER 10
351+TRAINING; 11
384352
385- (2) The counsel required by this section may be provided through the office
386-of the county attorney or city solicitor.
353+ (II) SET ANNUAL COUNTY BOARD P ERFORMANCE GOALS ; AND 12
387354
388- (3) This subsection does not require a county board to provide or reimburse
389-the cost of counsel to a plaintiff or claimant in a suit or claim against a county board or its
390-members, agents, or employees.
355+ (III) COMPLETE A COUNTY BOA RD SELF –EVALUATION, 13
356+INCLUDING IDENTIFYIN G OPPORTUNITIES TO I MPROVE THE COUNTY BO ARD’S 14
357+PERFORMANCE . 15
391358
392-4–102.
359+ (2) WITHIN 30 DAYS OF THE LAST DAY OF THE PROFESSIONAL 16
360+RETREAT UNDER PARAGR APH (1) OF THIS SUBSECTION , THE COUNTY BOARD SHA LL 17
361+POST ON ITS WEBSITE THE RESULTS OF THE C OUNTY BOARD ’S SELF–EVALUATION 18
362+AND ANY IDENTIFIED O PPORTUNITIES FOR IMP ROVEMENT. 19
393363
394- (a) (1) Except in Baltimore City, the county superintendent is the executive
395-officer, secretary, and treasurer of the county board.
364+4–104. 20
396365
397- (2) (i) In Baltimore City, the Chief Executive Officer of the Baltimore
398-City Board of School Commissioners is the executive officer, secretary, and treasurer of the
399-Board of School Commissioners.
366+ (a) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS 21
367+SECTION, EACH county board may: 22
400368
401- (ii) The Chief Executive Officer shall have the powers and duties
402-imposed under this article.
369+ (i) Retain counsel to represent it in legal matters that affect the 23
370+board; and 24
403371
404- (iii) The Chief Executive Officer is not a public officer under the
405-Constitution or the laws of the State.
372+ (ii) Contract for the payment of a reasonable fee to the counsel. 25
406373
407- (3) [(i) In Prince George’s County, the county superintendent is the
408-Chief Executive Officer of the Prince George’s County public school system.
374+ (2) Funds for these fees shall be included in the annual budget. 26
409375
410- (ii) The Chief Executive Officer is the executive officer, secretary,
411-and treasurer of the county board.
376+ (b) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS 27
377+SECTION, EACH county board may pay all or part of the counsel fees for the defense of a 28
378+county board member who is involved in litigation because of his service and in his official 29
379+capacity on that board. 30
412380
413- (iii) The Chief Executive Officer shall have the powers and duties
414-imposed under this article.
381+ (2) Payments made under paragraph (1) of this subsection are a valid 31
382+educational expense. 32 HOUSE BILL 1079 9
415383
416- (iv) The Chief Executive Officer is not a public officer under the
417-Constitution or the laws of the State.
418384
419- (4)] A county superintendent is not a public officer under the Constitution
420-or the laws of the State.
421385
422-4–112.
423- Ch. 793 2023 LAWS OF MARYLAND
386+ (c) (1) THIS SUBSECTION APPLI ES ONLY IN PRINCE GEORGE’S COUNTY. 1
424387
425-– 10 –
426- (a) Each county board shall establish at least one citizen advisory committee to
427-advise the board and to facilitate its activities and programs in the public schools.
388+ (2) THE COUNTY BOARD SHAL L RETAIN COUNSEL TO DEFEND A 2
389+COUNTY BOARD MEMBER WHO IS INVOLVED IN LITIGATION BECAUSE O F THE 3
390+MEMBER’S SERVICE AND IN THE MEMBER’S OFFICIAL CAPACITY ON THE COUNTY 4
391+BOARD. 5
428392
429- (b) Similar advisory committees may be established for:
393+ (3) THE COUNTY BOARD SHAL L PAY ALL COUNSEL FE ES AND 6
394+REASONABLE AND RELAT ED EXPENSES INCURRED FOR DEFENDING A MEMB ER IN 7
395+LITIGATION INVOLVING THE MEMBER’S SERVICE IN THE MEM BER’S OFFICIAL 8
396+CAPACITY ON THE COUN TY BOARD IF IT IS DE TERMINED DURING THE COURSE OF 9
397+LITIGATION THAT THE MEMBER WAS ACTING WI THIN THE SCOPE OF TH E MEMBER’S 10
398+AUTHORITY AND WITHOU T MALICE AND GROSS N EGLIGENCE. 11
430399
431- (1) An individual school; or
400+ (D) (1) In any suit or claim brought against a principal, teacher, school security 12
401+guard, or other agent or employee of a county board by a parent or other claimant with 13
402+respect to an action taken by the agent or employee, the board shall provide for counsel for 14
403+that individual if: 15
432404
433- (2) A group of schools within a region.
405+ (i) The action was taken in the performance of his duties, within the 16
406+scope of his employment, and without malice; and 17
434407
435- (c) A committee established under this section may include parents, teachers,
436-students, and other citizens as members.
408+ (ii) The board determines that he was acting within his authorized 18
409+official capacity in the incident. 19
437410
438- (D) (1) THIS SUBSECTION APPLI ES ONLY IN PRINCE GEORGE’S COUNTY.
411+ (2) The counsel required by this section may be provided through the office 20
412+of the county attorney or city solicitor. 21
439413
440- (2) A CITIZEN ADVISORY COM MITTEE ESTABLISHED B Y THE PRINCE
441-GEORGE’S COUNTY BOARD OF EDUCATION SHALL REFLE CT, TO THE EXTENT
442-PRACTICABLE , THE GEOGRAPHIC , RACIAL, ETHNIC, CULTURAL, AND GENDER
443-DIVERSITY OF THE COU NTY.
414+ (3) This subsection does not require a county board to provide or reimburse 22
415+the cost of counsel to a plaintiff or claimant in a suit or claim against a county board or its 23
416+members, agents, or employees. 24
444417
445-Subtitle 4. Prince George’s County.
418+4–102. 25
446419
447-4–401.
420+ (a) (1) Except in Baltimore City, the county superintendent is the executive 26
421+officer, secretary, and treasurer of the county board. 27
448422
449- (A) The purpose of the county board is to:
423+ (2) (i) In Baltimore City, the Chief Executive Officer of the Baltimore 28
424+City Board of School Commissioners is the executive officer, secretary, and treasurer of the 29
425+Board of School Commissioners. 30
450426
451- (1) MAINTAIN THROUGHOUT T HE COUNTY A REASONAB LY UNIFORM
452-SYSTEM OF PUBLIC SCH OOLS THAT IS DESIGNE D TO PROVIDE QUALITY EDUCATION
453-AND EQUITABLE EDUCAT IONAL OPPORTUNITY FO R ALL CHILDREN ;
427+ (ii) The Chief Executive Officer shall have the powers and duties 31
428+imposed under this article. 32
429+ 10 HOUSE BILL 1079
454430
455- (2) Raise the level of academic achievement of the students in the Prince
456-George’s County public school system; and
457431
458- [(2)] (3) Raise the level of engagement of the parents, students, and
459-community as a whole.
432+ (iii) The Chief Executive Officer is not a public officer under the 1
433+Constitution or the laws of the State. 2
460434
461- (B) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
462-COUNTY BOARD SHALL E STABLISH AN AUDIT CO MMITTEE TO ENSURE TH AT PUBLIC
463-FUNDS FOR THE COUNTY SCHOOL SYSTEM ARE SP ENT EQUALLY EQUITABLY ACROSS
464-ALL THE SCHOOLS IN T HE COUNTY SCHOOL SYS TEM.
435+ (3) [(i) In Prince George’s County, the county superintendent is the 3
436+Chief Executive Officer of the Prince George’s County public school system. 4
465437
466- (2) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO ALTER
467-THE MANDATO RY ALLOCATION OF FUN DING TO INDIVIDUAL S CHOOLS REQUIRED
468-UNDER TITLE 5 OF THIS ARTICLE , INCLUDING THE MINIMU M SCHOOL FUNDING
469-REQUIRED UNDER § 5–234 OF THIS ARTICLE. WES MOORE, Governor Ch. 793
438+ (ii) The Chief Executive Officer is the executive officer, secretary, 5
439+and treasurer of the county board. 6
470440
471-– 11 –
441+ (iii) The Chief Executive Officer shall have the powers and duties 7
442+imposed under this article. 8
472443
473-4–402.
444+ (iv) The Chief Executive Officer is not a public officer under the 9
445+Constitution or the laws of the State. 10
474446
475- (a) In addition to the other powers granted to, and duties imposed on, a county
476-superintendent under this article, the [Chief Executive Officer] COUNTY
477-SUPERINTENDENT has the responsibilities and powers set forth in this section.
447+ (4)] A county superintendent is not a public officer under the Constitution 11
448+or the laws of the State. 12
478449
479- (b) The [Chief Executive Officer] COUNTY SUPERINTENDENT shall be
480-responsible for:
450+4–112. 13
481451
482- (1) The overall administration of the Prince George’s County public school
483-system;
452+ (a) Each county board shall establish at least one citizen advisory committee to 14
453+advise the board and to facilitate its activities and programs in the public schools. 15
484454
485- (2) Subject to the provisions of Title 6 of this article, and after a budget is
486-submitted by the county board and approved by the County Council at the beginning of
487-each fiscal year, the day–to–day management and oversight of the fiscal affairs of the
488-Prince George’s County public school system, including the management of activities
489-related to:
455+ (b) Similar advisory committees may be established for: 16
490456
491- (i) Administration;
457+ (1) An individual school; or 17
492458
493- (ii) Mid–level administration;
459+ (2) A group of schools within a region. 18
494460
495- (iii) Instructional salaries;
461+ (c) A committee established under this section may include parents, teachers, 19
462+students, and other citizens as members. 20
496463
497- (iv) Textbooks and other classroom instructional supplies;
464+ (D) (1) THIS SUBSECTION APPLI ES ONLY IN PRINCE GEORGE’S COUNTY. 21
498465
499- (v) Instructional costs;
466+ (2) A CITIZEN ADVISORY COM MITTEE ESTABLISHED B Y THE PRINCE 22
467+GEORGE’S COUNTY BOARD OF EDUCATION SHALL REFLE CT, TO THE EXTENT 23
468+PRACTICABLE , THE GEOGRAPHIC , RACIAL, ETHNIC, CULTURAL, AND GENDER 24
469+DIVERSITY OF THE COU NTY. 25
500470
501- (vi) Special education;
471+Subtitle 4. Prince George’s County. 26
502472
503- (vii) Student personnel services;
473+4–401. 27
504474
505- (viii) Health services;
475+ (A) The purpose of the county board is to: 28
476+ HOUSE BILL 1079 11
506477
507- (ix) Student transportation;
508478
509- (x) Operation of plants and equipment;
479+ (1) MAINTAIN THROUGHOUT T HE COUNTY A REASONAB LY UNIFORM 1
480+SYSTEM OF PUBLIC SCH OOLS THAT IS DESIGNE D TO PROVIDE QUALITY EDUCATION 2
481+AND EQUITABLE EDUCAT IONAL OPPORTUNITY FO R ALL CHILDREN ; 3
510482
511- (xi) Plant maintenance;
483+ (2) Raise the level of academic achievement of the students in the Prince 4
484+George’s County public school system; and 5
512485
513- (xii) Fixed charges;
486+ [(2)] (3) Raise the level of engagement of the parents, students, and 6
487+community as a whole. 7
514488
515- (xiii) Food services; and
489+ (B) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 8
490+COUNTY BOARD SHALL E STABLISH AN AUDIT CO MMITTEE TO ENSURE TH AT PUBLIC 9
491+FUNDS FOR THE COUNTY SCHOOL SYSTEM ARE SP ENT EQUALLY EQUITABLY ACROSS 10
492+ALL THE SCHOOLS IN T HE COUNTY SCHOOL SYS TEM. 11
516493
517- (xiv) Capital planning and expenditures; and Ch. 793 2023 LAWS OF MARYLAND
494+ (2) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO ALTER 12
495+THE MANDATO RY ALLOCATION OF FUN DING TO INDIVIDUAL S CHOOLS REQUIRED 13
496+UNDER TITLE 5 OF THIS ARTICLE , INCLUDING THE MINIMU M SCHOOL FUNDING 14
497+REQUIRED UNDER § 5–234 OF THIS ARTICLE. 15
518498
519- 12 –
499+4402. 16
520500
521- (3) The development and implementation of the curriculum taught and the
522-instruction provided in the Prince George’s County public school system.
501+ (a) In addition to the other powers granted to, and duties imposed on, a county 17
502+superintendent under this article, the [Chief Executive Officer] COUNTY 18
503+SUPERINTENDENT has the responsibilities and powers set forth in this section. 19
523504
524- (c) The [Chief Executive Officer] COUNTY SUPERINTENDENT :
505+ (b) The [Chief Executive Officer] COUNTY SUPERINTENDENT shall be 20
506+responsible for: 21
525507
526- (1) Shall hire and set the salaries of a chief operating officer, a chief
527-financial officer, a chief academic officer, a chief of staff, a board liaison, and any other
528-necessary executive staff in the office of the [Chief Executive Officer] COUNTY
529-SUPERINTENDENT ; and
508+ (1) The overall administration of the Prince George’s County public school 22
509+system; 23
530510
531- (2) May delegate the responsibilities established under subsection (b) of
532-this section to appropriately qualified individuals as determined and deemed necessary by
533-the [Chief Executive Officer] COUNTY SUPERINTENDENT .
511+ (2) Subject to the provisions of Title 6 of this article, and after a budget is 24
512+submitted by the county board and approved by the County Council at the beginning of 25
513+each fiscal year, the day–to–day management and oversight of the fiscal affairs of the 26
514+Prince George’s County public school system, including the management of activities 27
515+related to: 28
534516
535- (d) (1) The [Chief Executive Officer] COUNTY SUPERINTENDENT shall enter
536-into a memorandum of understanding that relates to the provision of policy analysis and
537-advice to the county board with the following institutions of higher education:
517+ (i) Administration; 29
538518
539- (i) The University of Maryland, College Park Campus;
519+ (ii) Mid–level administration; 30
540520
541- (ii) The University of Maryland Global Campus;
521+ (iii) Instructional salaries; 31
542522
543- (iii) Bowie State University; and
523+ (iv) Textbooks and other classroom instructional supplies; 32 12 HOUSE BILL 1079
544524
545- (iv) Prince George’s Community College.
546525
547- (2) The [Chief Executive Officer] COUNTY SUPERINTENDENT may
548-include additional institutions of higher education in the memorandum of understanding
549-required under paragraph (1) of this subsection.
550526
551-4–403.
527+ (v) Instructional costs; 1
552528
553- (a) Except as provided in subsection (b) of this section, the county board may not
554-implement a policy or take any action that contradicts the day–to–day management and
555-oversight of the fiscal affairs of the Prince George’s County public school system by the
556-[Chief Executive Officer] COUNTY SUPERINTENDENT under this subtitle.
529+ (vi) Special education; 2
557530
558- (b) Except for personnel matters and appeals of personnel matters in accordance
559-with §§ 4–205(c)(2) and (3) of this title and 6–202 of this article, the county board shall
560-require a two–thirds vote of all voting members of the county board to take an action that
561-is contrary to an action of the [Chief Executive Officer] COUNTY SUPERINTENDENT .
531+ (vii) Student personnel services; 3
562532
563-4–404.
564- WES MOORE, Governor Ch. 793
533+ (viii) Health services; 4
565534
566-– 13 –
567- (A) THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT SHALL :
535+ (ix) Student transportation; 5
568536
569- (1) ESTABLISH ANNUAL GOAL S FOR THE PERFORMANCE OF THE
570-COUNTY SCHOOL SYSTEM ; AND
537+ (x) Operation of plants and equipment; 6
571538
572- (2) EVALUATE THE PERFORMA NCE OF THE COUNTY SC HOOL SYSTEM
573-AGAINST THE GOALS ES TABLISHED UNDER ITEM (1) OF THIS SUBSECTION I N A
574-PUBLIC MEETING OF TH E COUNTY BOARD EACH YEAR.
539+ (xi) Plant maintenance; 7
575540
576- (B) (1) EACH YEAR , THE COU NTY BOARD AND THE COUNTY
577-SUPERINTENDENT SHALL CONDUCT A POLL OF TH E STAKEHOLDERS AND
578-COMMUNITY MEMBERS OF THE COUNTY SCHOOL SY STEM TO MEASURE PUBL IC
579-OPINION ON THE CONFI DENCE AND EFFECTIVEN ESS OF THE COUNTY BO ARD,
580-COUNTY SUPERINTENDENT , AND COUNTY SCHOOL S YSTEM, ADDRESSING EACH
581-COMPONENT SEPARATELY .
541+ (xii) Fixed charges; 8
582542
583- (2) WHEN ESTABLISHING ANN UAL GOALS FOR THE PE RFORMANCE OF
584-THE COUNTY BOARD AND THE COUNTY SCHOOL SY STEM, THE COUNTY BOARD AND
585-THE COUNTY SUPERINTENDENT SHALL CONSIDER THE FINDING S OF THE POLL
586-CONDUCTED UNDER THIS SUBSECTION .
543+ (xiii) Food services; and 9
587544
588- (C) AT THE FIRST MEETING OF THE COUNTY BOARD EACH YEAR, THE
589-COUNTY BOARD SHALL :
545+ (xiv) Capital planning and expenditures; and 10
590546
591- (1) REVIEW THE RESPECTIVE ROLES, DUTIES, AND
592-RESPONSIBILITIES OF THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT ;
547+ (3) The development and implementation of the curriculum taught and the 11
548+instruction provided in the Prince George’s County public school system. 12
593549
594- (2) ANNOUNCE THE ANNUAL P ERFORMANCE GO ALS OF THE COUNTY
595-BOARD AS DETERMINED UNDER § 3–1004 OF THIS ARTICLE;
550+ (c) The [Chief Executive Officer] COUNTY SUPERINTENDENT : 13
596551
597- (3) DISCUSS THE RESULTS O F THE COUNTY BOARD
598-SELF–EVALUATION AS DETERM INED UNDER § 3–1004 OF THIS ARTICLE; AND
552+ (1) Shall hire and set the salaries of a chief operating officer, a chief 14
553+financial officer, a chief academic officer, a chief of staff, a board liaison, and any other 15
554+necessary executive staff in the office of the [Chief Executive Officer] COUNTY 16
555+SUPERINTENDENT ; and 17
599556
600- (4) DISCUSS THE PROFESSIO NAL DEVELOPMENT COMP LETED BY THE
601-COUNTY BOARD MEMBERS DURING THE PREVIOUS YEAR .
557+ (2) May delegate the responsibilities established under subsection (b) of 18
558+this section to appropriately qualified individuals as determined and deemed necessary by 19
559+the [Chief Executive Officer] COUNTY SUPERINTENDENT . 20
602560
603-4–405.
561+ (d) (1) The [Chief Executive Officer] COUNTY SUPERINTENDENT shall enter 21
562+into a memorandum of understanding that relates to the provision of policy analysis and 22
563+advice to the county board with the following institutions of higher education: 23
604564
605- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
606-INDICATED.
565+ (i) The University of Maryland, College Park Campus; 24
607566
608- (2) “COUNTY” MEANS PRINCE GEORGE’S COUNTY.
609- Ch. 793 2023 LAWS OF MARYLAND
567+ (ii) The University of Maryland Global Campus; 25
610568
611-– 14 –
612- (3) “INSPECTOR GENERAL” MEANS THE INSPECTOR GENERAL IN
613-THE OFFICE OF ACCOUNTABILITY AND COMPLIANCE.
569+ (iii) Bowie State University; and 26
614570
615- (4) “OFFICE” MEANS THE OFFICE OF ACCOUNTABILITY AND
616-COMPLIANCE.
571+ (iv) Prince George’s Community College. 27 HOUSE BILL 1079 13
617572
618- (B) (1) THERE IS AN OFFICE OF ACCOUNTABILITY AND COMPLIANCE.
619573
620- (2) THE OFFICE IS AN INDEPEND ENT UNIT OF THE COUN TY
621-GOVERNMENT .
622574
623- (3) THE PURPOSE OF THE OFFICE IS TO PROV IDE ACCOUNTABILITY
624-AND TRANSPARENCY IN THE EXPENDITURE OF P UBLIC FUNDS FOR EDUC ATION IN
625-PRINCE GEORGE’S COUNTY AND TO ENSURE PRINCE GEORGE’S COUNTY PUBLIC
626-SCHOOL SYSTEM PERSON NEL ARE IN COMPLIANC E WITH ETHICAL STAND ARDS.
575+ (2) The [Chief Executive Officer] COUNTY SUPERINTENDENT may 1
576+include additional institutions of higher education in the memorandum of understanding 2
577+required under paragraph (1) of this subsection. 3
627578
628- (4) ALL EXPENSES AND OPER ATIONS RELATED TO THE
629-ADMINISTRATION OF TH E OFFICE SHALL BE SEPAR ATELY IDENTIFIED AND
630-INDEPENDENT OF ANY O THER UNIT OF COUNTY GOVERNMENT .
579+4–403. 4
631580
632- (C) (1) THERE IS AN INSPECTOR GENERAL IN THE OFFICE OF
633-ACCOUNTABILITY AND COMPLIANCE.
581+ (a) Except as provided in subsection (b) of this section, the county board may not 5
582+implement a policy or take any action that contradicts the day–to–day management and 6
583+oversight of the fiscal affairs of the Prince George’s County public school system by the 7
584+[Chief Executive Officer] COUNTY SUPERINTENDENT under this subtitle. 8
634585
635- (2) AN INDIVIDUAL IS ELIG IBLE TO BE THE INSPECTOR GENERAL
636-ONLY IF THE INDIVIDU AL EXECUTES AN AFFID AVIT STATING THAT TH E INDIVIDUAL
637-WILL NOT ACCEPT APPO INTMENT TO, OR BE A CANDIDATE FO R, A COUNTY OFFICE :
586+ (b) Except for personnel matters and appeals of personnel matters in accordance 9
587+with §§ 4–205(c)(2) and (3) of this title and 6–202 of this article, the county board shall 10
588+require a two–thirds vote of all voting members of the county board to take an action that 11
589+is contrary to an action of the [Chief Executive Officer] COUNTY SUPERINTENDENT . 12
638590
639- (I) DURING THE PERIOD OF SERVICE AS THE INSPECTOR
640-GENERAL; AND
591+4–404. 13
641592
642- (II) FOR AT LEAST 2 YEARS IMMEDIATELY AF TER THE
643-INDIVIDUAL LAST SERV ES AS THE INSPECTOR GENERAL.
593+ (A) THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT SHALL : 14
644594
645- (3) THE INSPECTOR GENERAL SHALL RENEW T HE AFFIDAVIT EVERY
646-2 YEARS DURING THE PER IOD OF SERVICE.
595+ (1) ESTABLISH ANNUAL GOAL S FOR THE PERFORMANCE OF THE 15
596+COUNTY SCHOOL SYSTEM ; AND 16
647597
648- (4) A FAILURE TO RENEW THE AFFIDAVIT UNDER THIS SUBSECTION
649-SHALL SUBJECT THE INSPECTOR GENERAL TO REMOVAL FR OM OFFICE UNDER THIS
650-SECTION.
598+ (2) EVALUATE THE PERFORMA NCE OF THE COUNTY SC HOOL SYSTEM 17
599+AGAINST THE GOALS ES TABLISHED UNDER ITEM (1) OF THIS SUBSECTION I N A 18
600+PUBLIC MEETING OF TH E COUNTY BOARD EACH YEAR. 19
651601
652- (D) (1) THE INSPECTOR GENERAL SHALL BE APPO INTED UNANIMOUSLY
653-BY THE PRINCE GEORGE’S COUNTY COUNCIL.
654- WES MOORE, Governor Ch. 793
602+ (B) (1) EACH YEAR , THE COU NTY BOARD AND THE COUNTY 20
603+SUPERINTENDENT SHALL CONDUCT A POLL OF TH E STAKEHOLDERS AND 21
604+COMMUNITY MEMBERS OF THE COUNTY SCHOOL SY STEM TO MEASURE PUBL IC 22
605+OPINION ON THE CONFI DENCE AND EFFECTIVEN ESS OF THE COUNTY BO ARD, 23
606+COUNTY SUPERINTENDENT , AND COUNTY SCHOOL S YSTEM, ADDRESSING EACH 24
607+COMPONENT SEPARATELY . 25
655608
656-– 15 –
657- (2) THE TERM OF THE INSPECTOR GENERAL IS 5 YEARS, BEGINNING
658-JULY 1 AFTER THE APPOI NTMENT OF THE INSPECTOR GENERAL.
609+ (2) WHEN ESTABLISHING ANN UAL GOALS FOR THE PE RFORMANCE OF 26
610+THE COUNTY BOARD AND THE COUNTY SCHOOL SY STEM, THE COUNTY BOARD AND 27
611+THE COUNTY SUPERINTENDENT SHALL CONSIDER THE FINDING S OF THE POLL 28
612+CONDUCTED UNDER THIS SUBSECTION . 29
659613
660- (3) AT THE END OF A TERM , THE INSPECTOR GENERAL SHALL
661-CONTINUE TO SERVE UN TIL A SUCCESSOR IS A PPOINTED.
614+ (C) AT THE FIRST MEETING OF THE COUNTY BOARD EACH YEAR, THE 30
615+COUNTY BOARD SHALL : 31
662616
663- (4) IF A VACANCY OCCURS I N THE OFFICE, AN INTERIM INSPECTOR
664-GENERAL SHALL BE APPO INTED AS A SUCCESSOR TO SERVE FOR THE REMAINDER
665-OF THE UNEXPIRED TER M.
617+ (1) REVIEW THE RESPECTIVE ROLES, DUTIES, AND 32
618+RESPONSIBILITIES OF THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT ; 33 14 HOUSE BILL 1079
666619
667- (E) THE INSPECTOR GENERAL MAY BE REMOVE D UNANIMOUSLY BY THE
668-PRINCE GEORGE’S COUNTY COUNCIL FOR:
669620
670- (1) MISCONDUCT IN OFFICE ;
671621
672- (2) PERSISTENT FAILURE TO PERFORM THE DUTIES O F THE OFFICE;
673-OR
622+ (2) ANNOUNCE THE ANNUAL P ERFORMANCE GO ALS OF THE COUNTY 1
623+BOARD AS DETERMINED UNDER § 3–1004 OF THIS ARTICLE; 2
674624
675- (3) CONDUCT PREJUDI CIAL TO THE PROPER A DMINISTRATION OF
676-JUSTICE.
625+ (3) DISCUSS THE RESULTS O F THE COUNTY BOARD 3
626+SELF–EVALUATION AS DETERM INED UNDER § 3–1004 OF THIS ARTICLE; AND 4
677627
678- (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
679-INSPECTOR GENERAL SHALL BE PROF ESSIONALLY QUALIFIED THROUGH
680-EXPERIENCE OR EDUCAT ION IN AT LEAST ONE OF THE FOLLOWING ARE AS:
628+ (4) DISCUSS THE PROFESSIO NAL DEVELOPMENT COMP LETED BY THE 5
629+COUNTY BOAR D MEMBERS DURING THE PREVIOUS YEAR . 6
681630
682- (I) LAW;
631+4–405. 7
683632
684- (II) AUDITING;
633+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
634+INDICATED. 9
685635
686- (III) GOVERNMENT OPERATIONS ;
636+ (2) “COUNTY” MEANS PRINCE GEORGE’S COUNTY. 10
687637
688- (IV) FINANCIAL MANAGEMENT ; OR
638+ (3) “INSPECTOR GENERAL” MEANS THE INSPECTOR GENERAL IN 11
639+THE OFFICE OF ACCOUNTABILITY AND COMPLIANCE. 12
689640
690- (V) EDUCATION POLICY .
641+ (4) “OFFICE” MEANS THE OFFICE OF ACCOUNTABILITY AND 13
642+COMPLIANCE. 14
691643
692- (2) IF THE INSPECTOR GENERAL IS PROFESSION ALLY QUALIFIED IN
693-THE AREA OF EDUCATIO N POLICY, THE INSPECTOR GENERAL ALSO SHALL BE
694-PROFESSIONALLY QUALI FIED THROUGH EXPERIENCE O R EDUCATION IN AT LE AST
695-ONE OF THE OTHER ARE AS LISTED IN PARAGRA PH (1) OF THIS SUBSECTION .
644+ (B) (1) THERE IS AN OFFICE OF ACCOUNTABILITY AND COMPLIANCE. 15
696645
697- (G) (1) THE INSPECTOR GENERAL IS ENTITLED T O THE SALARY
698-PROVIDED IN THE COUN TY BUDGET.
699- Ch. 793 2023 LAWS OF MARYLAND
646+ (2) THE OFFICE IS AN INDEPEND ENT UNIT OF THE COUN TY 16
647+GOVERNMENT . 17
700648
701-– 16 –
702- (2) FUNDING FOR THE OFFICE SHALL BE AS PR OVIDED IN T HE
703-COUNTY BUDGET .
649+ (3) THE PURPOSE OF THE OFFICE IS TO PROVIDE ACCOUNTABILITY 18
650+AND TRANSPARENCY IN THE EXPENDITURE OF P UBLIC FUNDS FOR EDUC ATION IN 19
651+PRINCE GEORGE’S COUNTY AND TO ENSURE PRINCE GEORGE’S COUNTY PUBLIC 20
652+SCHOOL SYSTEM PERSON NEL ARE IN COMPLIANC E WITH ETHICAL STAND ARDS. 21
704653
705- (3) THE INSPECTOR GENERAL MAY APPOINT A ND EMPLOY
706-PROFESSIONAL AND CLE RICAL STAFF, INCLUDING ATTORNEYS , ACCOUNTANTS ,
707-AUDITORS, ANALYSTS, AND INVESTIGATORS , AS APPROPRIATED IN T HE ANNUAL
708-COUNTY BUDGET , TO CONDUCT THE WORK OF THE OFFICE.
654+ (4) ALL EXPENSES AND OPER ATIONS RELA TED TO THE 22
655+ADMINISTRATION OF TH E OFFICE SHALL BE SEPAR ATELY IDENTIFIED AND 23
656+INDEPENDENT OF ANY O THER UNIT OF COUNTY GOVERNMENT . 24
709657
710- (H) THE INSPECTOR GENERAL SHALL BE RESP ONSIBLE FOR EXAMININ G
711-AND INVESTIGATING TH E FOLLOWING MATTERS WITH RESPECT TO THE
712-MANAGEMENT AND AFFAI RS OF THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL
713-SYSTEM:
658+ (C) (1) THERE IS AN INSPECTOR GENERAL IN THE OFFICE OF 25
659+ACCOUNTABILITY AND COMPLIANCE. 26
714660
715- (1) INSTANCES OF FRAUD , WASTE, OR ABUSE INVOLVING T HE USE OF
716-PUBLIC FUNDS AND PRO PERTY; AND
661+ (2) AN INDIVIDUAL IS ELIG IBLE TO BE THE INSPECTOR GENERAL 27
662+ONLY IF THE INDIVIDU AL EXECUTES AN AFFID AVIT STATING THAT TH E INDIVIDUAL 28
663+WILL NOT ACCEPT APPO INTMENT TO, OR BE A CANDIDATE FO R, A COUNTY OFFICE : 29
664+ HOUSE BILL 1079 15
717665
718- (2) COMPLIANCE WITH APPLI CABLE STATE AND LOCAL ETHIC S LAWS.
719666
720- (I) (1) THE INSPECTOR GENERAL SHALL BE RESP ONSIBLE FOR
721-CONDUCTING INDEPENDE NT AUDITS:
667+ (I) DURING THE PERIOD OF SERVICE AS THE INSPECTOR 1
668+GENERAL; AND 2
722669
723- (I) OF RESOURCE DEPLOYMEN T, EXPENSES, AND STUDENT
724-ACTIVITY FUND S;
670+ (II) FOR AT LEAST 2 YEARS IMMEDIATELY AF TER THE 3
671+INDIVIDUAL LAST SERV ES AS THE INSPECTOR GENERAL. 4
725672
726- (II) OF CONTRACTS WITH VEN DORS TO CONSIDER SCO PE OF
727-WORK AND EFFECTIVENE SS IN COMPLYING WITH CONTRACT TERMS ; AND
673+ (3) THE INSPECTOR GENERAL SHALL RENEW T HE AFFIDAVIT EVERY 5
674+2 YEARS DURING THE PER IOD OF SERVICE. 6
728675
729- (III) TO DETERMINE THE EFFE CTIVENESS OF COUNTY SCHOOL
730-SYSTEM PROGRAMS AND TO MAKE RECOMMENDATI ONS REGARDING THE
731-CONTINUATION TO FUNDING FOR SUCH PRO GRAMS.
676+ (4) A FAILURE TO RENEW THE AFFIDAVIT UNDER THIS SUBSECTION 7
677+SHALL SUBJECT TH E INSPECTOR GENERAL TO REMOVAL FR OM OFFICE UNDER THIS 8
678+SECTION. 9
732679
733- (2) THE OFFICE SHALL CONDUCT THE FOLLOWING TYPES OF AUDITS:
680+ (D) (1) THE INSPECTOR GENERAL SHALL BE APPO INTED UNANIMOUSLY 10
681+BY THE PRINCE GEORGE’S COUNTY COUNCIL. 11
734682
735- (I) COMPLIANCE;
683+ (2) THE TERM OF THE INSPECTOR GENERAL IS 5 YEARS, BEGINNING 12
684+JULY 1 AFTER THE APPOINTMEN T OF THE INSPECTOR GENERAL. 13
736685
737- (II) FINANCIAL;
686+ (3) AT THE END OF A TERM , THE INSPECTOR GENERAL SHALL 14
687+CONTINUE TO SERVE UN TIL A SUCCESSOR IS A PPOINTED. 15
738688
739- (III) INFORMATION TECHNOLOG Y;
689+ (4) IF A VACANCY OCCURS I N THE OFFICE, AN INTERIM INSPECTOR 16
690+GENERAL SHALL BE APPO INTED AS A SUCCESSOR TO SERVE FOR THE REMAINDER 17
691+OF THE UNEXPIRED TER M. 18
740692
741- (IV) INTERNAL INVESTIGATIO NS; AND
693+ (E) THE INSPECTOR GENERAL MAY BE REMOVE D UNANIMOUSLY BY THE 19
694+PRINCE GEORGE’S COUNTY COUNCIL FOR: 20
742695
743- (V) OPERATIONAL.
744- WES MOORE, Governor Ch. 793
696+ (1) MISCONDUCT IN OFFICE ; 21
745697
746-– 17 –
747- (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
748-DURING AN INVESTIGAT ION CONDUCTED IN ACC ORDANCE WITH THIS SE CTION, THE
749-INSPECTOR GENERAL SHALL HAVE AC CESS TO ALL RECORDS , DATA, REPORTS,
750-CONTRACTS, CORRESPONDENCE , OR OTHER DOCUMENTS O F THE COUNTY SCHOOL
751-SYSTEM THAT IS TH E SUBJECT OF THE INV ESTIGATION.
698+ (2) PERSISTENT FAILURE TO PERFORM THE DUTIES O F THE OFFICE; 22
699+OR 23
752700
753- (2) THE INSPECTOR GENERAL MAY NOT ACCES S OR COMPEL THE
754-PRODUCTION OF DOCUME NTS THAT ARE:
701+ (3) CONDUCT PREJUDICIAL T O THE PROPER ADMINISTR ATION OF 24
702+JUSTICE. 25
755703
756- (I) PROTECTED UNDER THE A TTORNEY–CLIENT PRIVILEGE ;
757-OR
704+ (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26
705+INSPECTOR GENERAL SHALL BE PROF ESSIONALLY QUALIFIED THROUGH 27
706+EXPERIENCE OR EDUCAT ION IN AT LEAST ONE OF THE FOLLOWING ARE AS: 28
758707
759- (II) CONFIDENTIAL OR PRIVI LEGED UNDER APPLICAB LE
760-PROVISIONS OF FEDERA L OR STATE LAW.
708+ (I) LAW; 29
761709
762- (3) A PERSON MAY HAVE AN A TTORNEY PRESENT DURI NG ANY
763-CONTACT WITH THE INSPECTOR GENERAL.
710+ (II) AUDITING; 30 16 HOUSE BILL 1079
764711
765- (4) DURING AN INVESTIGATI ON CONDUCTED IN ACCO RDANCE WITH
766-THIS SECTION, THE INSPECTOR GENERAL MAY:
767712
768- (I) SEEK AND OBTAIN SWORN TESTIMONY; AND
769713
770- (II) ISSUE SUBPOENAS AS NE CESSARY TO COMPEL TH E
771-PRODUCTION OF DOCUME NTS AND RECORDS OR T HE ATTENDANCE OF WIT NESSES.
714+ (III) GOVERNMENT OPERATIONS ; 1
772715
773- (5) (I) A SUBPOENA MAY BE SERV ED IN THE SAME MANNE R AS ONE
774-ISSUED BY A CIRCUIT COURT.
716+ (IV) FINANCIAL MANAGEMENT ; OR 2
775717
776- (II) THE INSPECTOR GENERAL SHALL ADVISE A PERSON OF THE
777-RIGHT TO COUNSEL WHE N A SUBPOENA IS SERV ED.
718+ (V) EDUCATION POLICY . 3
778719
779- (6) (I) THE INSPECTOR GENERAL IMMEDIATELY M AY REPORT THE
780-FAILURE OF A PERSON TO OBEY A LAWFULLY S ERVED SUBPOENA TO TH E CIRCUIT
781-COURT OF THE COUNTY THAT HAS JURISDICTIO N.
720+ (2) IF THE INSPECTOR GENERAL IS PROFESSION ALLY QUALIFIED IN 4
721+THE AREA OF EDUCATIO N POLICY, THE INSPECTOR GENERAL ALSO SHALL BE 5
722+PROFESSIONALLY QUALI FIED THROUGH EXPE RIENCE OR EDUCATION IN AT LEAST 6
723+ONE OF THE OTHER ARE AS LISTED IN PARAGRA PH (1) OF THIS SUBSECTION . 7
782724
783- (II) THE INSPECTOR GENERAL SHALL PROVIDE A CO PY OF THE
784-SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT.
725+ (G) (1) THE INSPECTOR GENERAL IS ENTITLED T O THE SALARY 8
726+PROVIDED IN THE COUN TY BUDGET. 9
785727
786- (7) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON WHO
787-ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA HAS AN OPPORTUNIT Y TO BE
788-HEARD AND REPRESENTE D BY COUNSEL , THE CIRCUIT COURT MAY GRANT
789-APPROPRIATE RELIEF .
790- Ch. 793 2023 LAWS OF MARYLAND
728+ (2) FUNDING FOR THE OFFICE SHALL BE AS PR OVIDED IN THE 10
729+COUNTY BUDGET. 11
791730
792-– 18 –
793- (K) (1) THE COUNTY BOARD , THE COUNTY SUPERINTENDENT , THE
794-COUNTY SCHOOL SYSTEM , OR ANY OTHER COUNTY OR LOCAL OFFICIAL MA Y NOT
795-TAKE ADVERSE , RETALIATORY ACTION A GAINST AN INDIVIDUAL BECAUSE THE
796-INDIVIDUAL COOPERATE D WITH OR PROVIDED INFORMAT ION TO THE INSPECTOR
797-GENERAL.
731+ (3) THE INSPECTOR GENERAL MAY APPOINT A ND EMPLOY 12
732+PROFESSIONAL AND CLE RICAL STAFF, INCLUDING ATTORNEYS , ACCOUNTANTS , 13
733+AUDITORS, ANALYSTS, AND INVESTIGATORS , AS APPROPRIATED IN T HE ANNUAL 14
734+COUNTY BUDGET , TO CONDUCT THE WORK OF THE OFFICE. 15
798735
799- (2) RECORDS OR INFORMATIO N PROVIDED TO , PREPARED FOR , OR
800-OBTAINED BY THE INSPECTOR GENERAL IN CONNECTION WITH AN INVESTIGATIO N
801-ARE CONFIDENTIAL AND NOT SUBJECT TO DISCL OSURE UNDER THE PUBLIC
802-INFORMATION ACT.
736+ (H) THE INSPECTOR GENERAL SHALL BE RESP ONSIBLE FOR EXAMININ G 16
737+AND INVESTIGATING TH E FOLLOWING MATTERS WITH RESPECT TO THE 17
738+MANAGEMENT AND AFFAI RS OF THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL 18
739+SYSTEM: 19
803740
804- (L) (1) IF THE INSPECTOR GENERAL FINDS OR HAS REASONABLE
805-GROUNDS TO BELIEVE T HAT THERE HAS BEEN A CRIMINAL VIOLATION O F FEDERAL
806-OR STATE LAW, THE INSPECTOR GENERAL SHALL NOTIFY AND REFER THE MATTER
807-TO THE APPROPRIATE F EDERAL, STATE, OR LOCAL LAW EN FORCEMENT AUTHORITY ,
808-LOCAL STATE’S ATTORNEY’S OFFICE, OFFICE OF THE ATTORNEY GENERAL, OFFICE
809-OF THE STATE PROSECUTOR , OR FEDERAL AGENCY .
741+ (1) INSTANCES OF FRAUD , WASTE, OR ABUSE INVOLVING T HE USE OF 20
742+PUBLIC FUNDS AND PROPERT Y; AND 21
810743
811- (2) IF THE INSPECTOR GENERAL IDENTIFIES AN ISSUE OF CONCERN
812-THAT WOULD NOT CONST ITUTE A CRIMINAL VIO LATION OF STATE LAW, THE
813-INSPECTOR GENERAL MAY REPORT TH E ISSUE OF CONCERN T O THE STATE
814-SUPERINTENDENT , THE STATE BOARD, THE PRINCE GEORGE’S COUNTY
815-EXECUTIVE, THE COUNTY SUPERINTENDENT , THE GOVERNOR, AND, IN
816-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
817-ASSEMBLY.
744+ (2) COMPLIANCE WITH APPLI CABLE STATE AND LOCAL ETHIC S LAWS. 22
818745
819- (M) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, THE OFFICE SHALL
820-SUBMIT A REPORT TO T HE COUNTY SUPERINTENDENT , THE COUNTY BOARD , THE
821-GOVERNOR, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
822-ARTICLE, THE GENERAL ASSEMBLY.
746+ (I) (1) THE INSPECTOR GENERAL SHALL BE RESP ONSIBLE FOR 23
747+CONDUCTING INDEPENDE NT AUDITS: 24
823748
824- (2) THE REPORT SHALL INCLUDE INFORMATION ON :
749+ (I) OF RESOURCE DEPLOYMEN T, EXPENSES, AND STUDENT 25
750+ACTIVITY FUNDS ; 26
825751
826- (I) THE OFFICE’S GOALS AND PRIORITI ES FOR THE UPCOMING
827-YEAR;
752+ (II) OF CONTRACTS WITH VEN DORS TO CONSIDER SCO PE OF 27
753+WORK AND EFFECTIVENE SS IN COMPLYING WITH CONTRACT TERMS ; AND 28
754+ HOUSE BILL 1079 17
828755
829- (II) THE OFFICE’S ACTIVITIES DURING THE PRECEDING YEAR ;
830756
831- (III) THE NUMBER OF INCIDEN TS, IN THE AGGREGATE , AND A
832-GENERAL SUMMARY OF T HE NATURE OF THE REPORTED INCIDEN TS, REFERRED TO
833-THE APPROPRIATE FEDE RAL, STATE, OR LOCAL LAW ENFORCE MENT AUTHORITY ,
834-LOCAL STATE’S ATTORNEY’S OFFICE, OFFICE OF THE ATTORNEY GENERAL, OFFICE
835-OF THE STATE PROSECUTOR , OR FEDERAL AGENCY DU RING THE PRECEDING Y EAR; WES MOORE, Governor Ch. 793
757+ (III) TO DETERMINE THE EFFE CTIVENESS OF COUNTY SCHOOL 1
758+SYSTEM PROGRAMS AND TO MAKE RECOMMENDATI ONS REGARDING THE 2
759+CONTINUATION TO FUND ING FOR SUCH PROGRAMS . 3
836760
837-– 19 –
761+ (2) THE OFFICE SHALL CONDUCT THE FOLLOWING TYPES OF AUDITS: 4
838762
839- (IV) SPECIFIC FINDINGS AND RECOMMENDATIONS RELA TING
840-TO:
763+ (I) COMPLIANCE; 5
841764
842- 1. INSTANCES OF FRAUD , WASTE, OR ABUSE INVOLVING
843-THE USE OF PUBLIC FU NDS AND PROPERTY ; AND
765+ (II) FINANCIAL; 6
844766
845- 2. COMPLIANCE WITH STATE AND LOCAL ETHIC S LAWS;
846-AND
767+ (III) INFORMATION TECHNOLOG Y; 7
847768
848- (V) ANY REGULATORY OR STA TUTORY CHANGES NECES SARY TO
849-ENSURE COMPLIANCE WI TH APPLICABLE FEDERA L AND STATE LAWS.
769+ (IV) INTERNAL INVESTIGATIO NS; AND 8
850770
851- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
852-as follows:
771+ (V) OPERATIONAL. 9
853772
854-Article – Education
773+ (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 10
774+DURING AN INVESTIGAT ION CONDUCTED IN ACC ORDANCE WITH THIS SE CTION, THE 11
775+INSPECTOR GENERAL SHALL HAVE AC CESS TO ALL RECORDS , DATA, REPORTS, 12
776+CONTRACTS, CORRESPONDENCE , OR OTHER DOCUMENTS O F THE COUNTY SCHOOL 13
777+SYSTEM THAT IS THE S UBJECT OF THE INVESTIGATION . 14
855778
856-3–1002.
779+ (2) THE INSPECTOR GENERAL MAY NOT ACCES S OR COMPEL THE 15
780+PRODUCTION OF DOCUME NTS THAT ARE: 16
857781
858- (a) In this subtitle, “elected member” means a member of the Prince George’s
859-County Board elected from one of the nine school board districts described in § 3–1001 of
860-this subtitle.
782+ (I) PROTECTED UNDER THE A TTORNEY–CLIENT PRIVILEGE ; 17
783+OR 18
861784
862- (b) The Prince George’s County Board consists of 10 members as follows:
785+ (II) CONFIDENTIAL OR PRIVI LEGED UNDER APPLICAB LE 19
786+PROVISIONS OF FEDERA L OR STATE LAW. 20
863787
864- (1) Nine elected members, each of whom resides in a different school board
865-district; and
788+ (3) A PERSON MAY HAVE AN A TTORNEY PRESENT DURI NG ANY 21
789+CONTACT WITH THE INSPECTOR GENERAL. 22
866790
867- (2) One student member selected under subsection (f)(2) of this section.
791+ (4) DURING AN INVESTIGATI ON CONDUCTED IN ACCO RDANCE WITH 23
792+THIS SECTION, THE INSPECTOR GENERAL MAY: 24
868793
869- (c) (1) One member of the county board shall be elected from each of the nine
870-school board districts described in § 3–1001 of this subtitle.
794+ (I) SEEK AND OBTAIN SWORN TESTIMONY; AND 25
871795
872- (2) (I) [From the time of filing as a candidate for election, each] EACH
873-candidate shall [be]:
796+ (II) ISSUE SUBP OENAS AS NECESSARY T O COMPEL THE 26
797+PRODUCTION OF DOCUME NTS AND RECORDS OR T HE ATTENDANCE OF WIT NESSES. 27
874798
875- (I) 1. BE a registered voter of the county; and
799+ (5) (I) A SUBPOENA MAY BE SERV ED IN THE SAME MANNE R AS ONE 28
800+ISSUED BY A CIRCUIT COURT. 29 18 HOUSE BILL 1079
876801
877- (II) 2. BE EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
878-THIS PARAGRAPH , BE a resident of the school board district the candidate seeks to
879-represent FOR AT LEAST 1 YEAR BEFORE THE DATE OF THE PRIMARY GENERAL
880-ELECTION.
881- Ch. 793 2023 LAWS OF MARYLAND
882802
883-– 20 –
884- (II) IN AN ELECTION YEAR I MMEDIATELY FOLLOWING AN
885-APPROVED DECENNIAL R EDISTRICTING PLAN CH ANGING THE BOUNDARIE S OF ANY
886-SCHOOL BOARD DISTRIC T, THE 1 YEAR RESIDENCY REQUI REMENT UNDER
887-SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT APPLY IF THE CANDIDATE:
888803
889- 1. IS A QUALIFIED VOTER BUT NO LONGER RESIDE S IN
890-THE CANDIDATE ’S FORMER SCHOOL BOAR D DISTRICT DUE TO A BOUNDARY CHANGE
891-IN THE APPROVED DECE NNIAL REDISTRICTING PLAN;
804+ (II) THE INSPECTOR GENERAL SHALL ADVISE A PERSON OF THE 1
805+RIGHT TO COUNSEL WHEN A SU BPOENA IS SERVED . 2
892806
893- 2. RESIDED IN THE CANDID ATE’S FORMER SCHOOL
894-BOARD DISTRICT FOR A T LEAST 1 YEAR IMMEDIATELY PRE CEDING THE GENERAL
895-ELECTION; AND
807+ (6) (I) THE INSPECTOR GENERAL IMMEDIATELY M AY REPORT THE 3
808+FAILURE OF A PERSON TO OBEY A LAWFULLY S ERVED SUBPOENA TO TH E CIRCUIT 4
809+COURT OF THE COUNTY THAT HAS JURISDICTIO N. 5
896810
897- 3. RESIDES, AS OF THE DATE OF TH E DEADLINE FOR
898-FILING AS A CANDIDA TE FOR ELECTION , IN THE SCHOOL BOARD DISTRICT SPECIFIED
899-UNDER ITEM 2 OF THIS SUBPARAGRAPH .
811+ (II) THE INSPECTOR GENERAL SHALL PROVIDE A COPY OF THE 6
812+SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT. 7
900813
901- (3) An elected member shall forfeit the office if the member:
814+ (7) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON WHO 8
815+ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA HAS AN OPPORTUNIT Y TO BE 9
816+HEARD AND REPRESENTE D BY COUNSEL , THE CIRCUIT COURT MA Y GRANT 10
817+APPROPRIATE RELIEF . 11
902818
903- (i) Fails to reside in the school board district from which the
904-member was elected, unless this change is caused by a change in the boundaries of the
905-district; or
819+ (K) (1) THE COUNTY BOARD , THE COUNTY SUPERINTENDENT , THE 12
820+COUNTY SCHOOL SYSTEM , OR ANY OTHER COUNTY OR LOCAL OFFICIAL MA Y NOT 13
821+TAKE ADVERSE , RETALIATORY ACTION A GAINST AN INDIVIDUAL BECAUSE THE 14
822+INDIVIDUAL COOPERATE D WITH OR PROVIDED I NFORMATION TO THE INSPECTOR 15
823+GENERAL. 16
906824
907- (ii) Fails to be a registered voter of the county.
825+ (2) RECORDS OR INFORMATIO N PROVIDED TO , PREPARED FOR , OR 17
826+OBTAINED BY THE INSPECTOR GENERAL IN CONNECTION WITH AN INVESTIGATIO N 18
827+ARE CONFIDENTIAL AND NOT SUBJECT TO DISCL OSURE UNDER THE PUBLIC 19
828+INFORMATION ACT. 20
908829
909- (4) A member may not hold another office of profit in county government
910-during the member’s term.
830+ (L) (1) IF THE INSPECTOR GENERAL FINDS OR HAS REASONABLE 21
831+GROUNDS TO BELIEVE T HAT THERE HAS BEEN A CRIMINAL VIOLATION O F FEDERAL 22
832+OR STATE LAW, THE INSPECTOR GENERAL SHALL NOTIFY AND REFER THE MATTER 23
833+TO THE APPROPRIATE F EDERAL, STATE, OR LOCAL LAW ENFORCE MENT AUTHOR ITY, 24
834+LOCAL STATE’S ATTORNEY’S OFFICE, OFFICE OF THE ATTORNEY GENERAL, OFFICE 25
835+OF THE STATE PROSECUTOR , OR FEDERAL AGENCY . 26
911836
912- (5) Each elected member of the county board shall be nominated by the
913-registered voters of the member’s school board district.
837+ (2) IF THE INSPECTOR GENERAL IDENTIFIES AN ISSUE OF CONCERN 27
838+THAT WOULD NOT CONST ITUTE A CRIMINAL VIO LATION OF STATE LAW, THE 28
839+INSPECTOR GENERAL MAY REPORT TH E ISSUE OF CONCERN T O THE STATE 29
840+SUPERINTENDENT , THE STATE BOARD, THE PRINCE GEORGE’S COUNTY 30
841+EXECUTIVE, THE COUNTY SUPERINTENDENT , THE GOVERNOR, AND, IN 31
842+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 32
843+ASSEMBLY. 33
914844
915- (d) The elected members of the county board shall be elected:
845+ (M) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, THE OFFICE SHALL 34
846+SUBMIT A REPORT TO T HE COUNTY SUPERINTENDENT , THE COUNTY BOARD , THE 35 HOUSE BILL 1079 19
916847
917- (1) At the general election every 4 years; and
918848
919- (2) By the voters of the school board district that each member represents.
849+GOVERNOR, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 1
850+ARTICLE, THE GENERAL ASSEMBLY. 2
920851
921- (f) (1) The student member shall be an eleventh or twelfth grade student in
922-the Prince George’s County public school system during the student’s term in office.
852+ (2) THE REPORT SHA LL INCLUDE INFORMATI ON ON: 3
923853
924- (2) (I) An eligible student shall file a nomination form at least 2 3 weeks
925-before a special election meeting of the Prince George’s Regional Association of Student
926-Governments.
927- WES MOORE, Governor Ch. 793
854+ (I) THE OFFICE’S GOALS AND PRIORITI ES FOR THE UPCOMING 4
855+YEAR; 5
928856
929-– 21 –
930- (II) Nomination forms shall be made available in the administrative
931-offices of all public senior high schools in the county, the office of student concerns, and the
932-office of the president of the regional association.
857+ (II) THE OFFICE’S ACTIVITIES DURING THE PRECEDING YEAR ; 6
933858
934- (III) The delegates to the regional association annually shall elect
935-TWO CANDIDATES FOR the student member to the board at a special PRIMARY election
936-meeting to be held each school year.
859+ (III) THE NUMBER OF INCIDEN TS, IN THE AGGREGATE , AND A 7
860+GENERAL SUMMARY OF T HE NATURE OF THE REP ORTED INCIDENTS, REFERRED TO 8
861+THE APPROPRIATE FEDE RAL, STATE, OR LOCAL LAW ENFORCE MENT AUTHORITY , 9
862+LOCAL STATE’S ATTORNEY’S OFFICE, OFFICE OF THE ATTORNEY GENERAL, OFFICE 10
863+OF THE STATE PROSECUTOR , OR FEDERAL AGENCY DU RING THE PRECEDING Y EAR; 11
937864
938- (3) The student member may vote on all matters before the board except
939-those relating to:
865+ (IV) SPECIFIC FIND INGS AND RECOMMENDAT IONS RELATING 12
866+TO: 13
940867
941- (i) [Capital and operating budgets;
868+ 1. INSTANCES OF FRAUD , WASTE, OR ABUSE INVOLVING 14
869+THE USE OF PUBLIC FU NDS AND PROPERTY ; AND 15
942870
943- (ii) School closings, reopenings, and boundaries;
871+ 2. COMPLIANCE WITH STATE AND LOCAL ETHIC S LAWS; 16
872+AND 17
944873
945- (iii)] Collective bargaining decisions;
874+ (V) ANY REGULATORY OR STA TUTORY CHANGES NECES SARY TO 18
875+ENSURE COMPLIANCE WITH APPL ICABLE FEDERAL AND STATE LAWS. 19
946876
947- [(iv) Student disciplinary matters;]
877+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
878+as follows: 21
948879
949- [(v)] (II) Teacher and administrator disciplinary matters as
950-provided under § 6–202(a) of this article; and
880+Article – Education 22
951881
952- [(vi)] (III) Other personnel matters.
882+3–1002. 23
953883
954- (4) On an affirmative vote of a majority of the elected members of the
955-county board, the board may determine if a matter before the board relates to a subject that
956-the student member may not vote on under paragraph (3) of this subsection.
884+ (a) In this subtitle, “elected member” means a member of the Prince George’s 24
885+County Board elected from one of the nine school board districts described in § 3–1001 of 25
886+this subtitle. 26
957887
958- (5) [Unless invited to attend by an affirmative vote of a majority of the
959-elected members of the county board, the] THE student member may [not] attend an
960-executive session [that] OF THE BOARD UNLESS THE EXECUTIVE SESSIO N relates to
961-[hearings]:
888+ (b) The Prince George’s County Board consists of 10 members as follows: 27
962889
963- (I) HEARINGS on appeals of special education placements, hearings
964-held under § 6–202(a) of this article, or collective bargaining; OR
890+ (1) Nine elected members, each of whom resides in a different school board 28
891+district; and 29
965892
966- (II) A PERSONNEL MATTER FOR WHICH THE STUDENT MA Y NOT
967-VOTE UNDER PARAGRAPH (3) OF THIS SUBSECTION .
893+ (2) One student member selected under subsection (f)(2) of this section. 30 20 HOUSE BILL 1079
968894
969- (6) (I) The Prince George’s Regional Association of Student
970-Governments may SHALL establish procedures for the election of the student member of
971-the county board.
972895
973- (II) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH
974-SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE FOR : Ch. 793 2023 LAWS OF MARYLAND
975896
976-– 22 –
897+ (c) (1) One member of the county board shall be elected from each of the nine 1
898+school board districts described in § 3–1001 of this subtitle. 2
977899
978- 1. THE ADMINISTRATION OF :
900+ (2) (I) [From the time of filing as a candidate for election, each] EACH 3
901+candidate shall [be]: 4
979902
980- A. A PRIMARY ELECTION EAC H YEAR BY THE PRINCE
981-GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS ; AND
903+ (I) 1. BE a registered voter of the county; and 5
982904
983- B. A GENERAL ELECTION EAC H YEAR BY STUDENTS I N
984-6TH THROUGH 12TH GRADE IN THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL
985-SYSTEM; AND
905+ (II) 2. BE EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 6
906+THIS PARAGRAPH , BE a resident of the school board district the candidate seeks to 7
907+represent FOR AT LEAST 1 YEAR BEFORE THE DATE OF THE PRIMARY GENERAL 8
908+ELECTION. 9
986909
987- 2. NOTIFICATION TO THE COUNTY SUPERINTENDEN T
988-OF CANDIDATES SELECT ED BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF
989-STUDENT GOVERNMENTS AFTER EAC H ANNUAL PRIMARY ELE CTION.
910+ (II) IN AN ELECTION YEAR I MMEDIATELY FOLLOWING AN 10
911+APPROVED DECENNIAL R EDISTRICTING PLAN CH ANGING THE BOUNDARIE S OF ANY 11
912+SCHOOL BOARD DISTRIC T, THE 1 YEAR RESIDENCY REQUI REMENT UNDER 12
913+SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT APPLY IF THE CANDIDATE: 13
990914
991- (7) FOR THE GENERAL ELECT ION HELD UNDER THIS SUBSECTION,
992-THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM SHALL :
915+ 1. IS A QUALIFIED VOTER BUT NO LONGER RESIDE S IN 14
916+THE CANDIDATE ’S FORMER SCHOOL BOAR D DISTRICT DUE TO A BOUNDARY CHANGE 15
917+IN THE APPROVED DECE NNIAL REDISTRICTING PLAN; 16
993918
994- (I) PROVIDE EQUAL CAMPAIGN FU NDS TO THE CANDIDATE S
995-FOR THE STUDENT MEMB ER OF THE BOARD ; AND
919+ 2. RESIDED IN THE CANDID ATE’S FORMER SCHOOL 17
920+BOARD DISTRICT FOR A T LEAST 1 YEAR IMMEDIATELY PRE CEDING THE GENERAL 18
921+ELECTION; AND 19
996922
997- (II) EDUCATE THE STUDENTS DESCRIBED UNDER PARA GRAPH
998-(6)(II)1B OF THIS SUBSECTION O N THE VOTING PROCESS BEFORE EACH GENERAL
999-ELECTION.
923+ 3. RESIDES, AS OF THE DATE OF TH E DEADLINE FOR 20
924+FILING AS A CANDIDATE FOR ELECTI ON, IN THE SCHOOL BOARD DISTRICT SPECIFIED 21
925+UNDER ITEM 2 OF THIS SUBPARAGRAPH . 22
1000926
1001- (7) (8) The election procedures established by the Prince George’s
1002-Regional Association of Student Governments are subject to the approval of the elected
1003-members of the county board.
927+ (3) An elected member shall forfeit the office if the member: 23
1004928
1005- (g) (1) An elected member serves for a term of 4 years beginning on the first
1006-Monday in December after the member’s election and until the member’s successor is
1007-elected and qualifies.
929+ (i) Fails to reside in the school board district from which the 24
930+member was elected, unless this change is caused by a change in the boundaries of the 25
931+district; or 26
1008932
1009- (2) (I) UNLESS OTHERWISE DISQ UALIFIED UNDER THIS SECTION,
1010-AN ELECTED MEMBER OF THE COUNTY BOARD IS ELIGIBLE FOR REELECT ION.
933+ (ii) Fails to be a registered voter of the county. 27
1011934
1012- (II) AN ELECTED MEMBER MAY NOT SERVE FOR MO RE THAN
1013-TWO TERMS AS AN ELEC TED MEMBER .
935+ (4) A member may not hold another office of profit in county government 28
936+during the member’s term. 29
1014937
1015- [(2)] (3) The student member serves for a term of 1 year beginning at the
1016-end of a school year.
938+ (5) Each elected member of the county board shall be nominated by the 30
939+registered voters of the member’s school board district. 31
940+ HOUSE BILL 1079 21
1017941
1018- [(3)] (4) (i) Subject to subparagraph (ii) of this paragraph, if a seat
1019-held by an elected member of the county board becomes vacant, the County Executive shall:
1020- WES MOORE, Governor Ch. 793
1021942
1022-– 23 –
1023- 1. Appoint a qualified individual to fill the seat for the
1024-remainder of the term; and
943+ (d) The elected members of the county board shall be elected: 1
1025944
1026- 2. Transmit the name of the appointee to the clerk of the
1027-County Council.
945+ (1) At the general election every 4 years; and 2
1028946
1029- (ii) If the County Council does not disapprove an appointment under
1030-subparagraph (i) of this paragraph by a two–thirds vote of all members of the County
1031-Council within 45 days after the transmittal of the name of the appointee, the appointment
1032-shall be considered approved.
947+ (2) By the voters of the school board district that each member represents. 3
1033948
1034-3–1003.
949+ (f) (1) The student member shall be an eleventh or twelfth grade student in 4
950+the Prince George’s County public school system during the student’s term in office. 5
1035951
1036- (a) (1) [From and after December 4, 2006, at] AT the beginning of each
1037-member’s full term FROM AND AFTER DECEMBER 7, 2026, the chair of the county board
1038-is entitled to receive [$19,000] $32,000 $30,000 annually as compensation and the other
1039-elected members are each entitled to receive [$18,000] $27,000 annually as compensation.
952+ (2) (I) An eligible student shall file a nomination form at least 2 3 weeks 6
953+before a special election meeting of the Prince George’s Regional Association of Student 7
954+Governments. 8
1040955
1041- (2) Each elected member of the county board may be provided health
1042-insurance and other fringe benefits regularly provided to employees of the Board of
1043-Education under the same terms and conditions extended to other employees of the Board
1044-of Education.
956+ (II) Nomination forms shall be made available in the administrative 9
957+offices of all public senior high schools in the county, the office of student concerns, and the 10
958+office of the president of the regional association. 11
1045959
1046-Article – Election Law
960+ (III) The delegates to the regional association annually shall elect 12
961+TWO CANDIDATES FOR the student member to the board at a special PRIMARY election 13
962+meeting to be held each school year. 14
1047963
1048-13–505.
964+ (3) The student member may vote on all matters before the board except 15
965+those relating to: 16
1049966
1050- (a) In this section, “contested election committee” means a contested election
1051-committee established under Title 12, Subtitle 3 of this article.
967+ (i) [Capital and operating budgets; 17
1052968
1053- (b) (1) (I) Subject to the provisions of this section, the governing body of a
1054-county may establish, by law, a system of public campaign financing for elective offices in
1055-the executive or legislative branches of county government.
969+ (ii) School closings, reopenings, and boundaries; 18
1056970
1057- (II) 1. THIS SUBPARAGRAPH APPLIES ONLY IN PRINCE
1058-GEORGE’S COUNTY.
971+ (iii)] Collective bargaining decisions; 19
1059972
1060- 2. SUBJECT TO THE PROVIS IONS OF THIS SECTION ,
1061-AFTER THE GOVERNING BODY OF PRINCE GEORGE’S COUNTY HAS IMPLEMENTE D A
1062-SYSTEM OF PUBLIC CAM PAIGN FINANCING ESTA BLISHED UNDER SUBPAR AGRAPH (I)
1063-OF THIS PARAGRAPH FO R AT LEAST ONE COMPLETE E LECTION CYCLE , THE
1064-GOVERNING BODY OF PRINCE GEORGE’S COUNTY MAY ESTABLISH , BY LAW, A
1065-SYSTEM OF PUBLIC CAM PAIGN FINANCING FOR ELECTED MEMBERS OF T HE PRINCE
1066-GEORGE’S COUNTY BOARD OF EDUCATION.
1067- Ch. 793 2023 LAWS OF MARYLAND
973+ [(iv) Student disciplinary matters;] 20
1068974
1069-– 24 –
1070- 3. A SYSTEM OF PUBLIC CAM PAIGN FINANCIN G FOR
1071-ELECTED MEMBERS OF T HE COUNTY BOARD OF E DUCATION ESTABLISHED UNDER
1072-SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY NOT INCLUDE PUBL IC
1073-CAMPAIGN FINANCING F OR THE ELECTION OF A STUDENT MEMBER OF TH E COUNTY
1074-BOARD OF EDUCATION .
975+ [(v)] (II) Teacher and administrator disciplinary matters as 21
976+provided under § 6–202(a) of this article; and 22
1075977
1076- (2) A system of public financing established under paragraph (1) of this
1077-subsection may include public financing of a contested election committee.
978+ [(vi)] (III) Other personnel matters. 23
1078979
1079- (3) When establishing a system of public campaign financing for [elective
1080-offices in the executive or legislative branches of county government] AN OFFICE UNDER
1081-PARAGRAPH (1) OF THIS SUBSECTION , the governing body of a county shall:
980+ (4) On an affirmative vote of a majority of the elected members of the 24
981+county board, the board may determine if a matter before the board relates to a subject that 25
982+the student member may not vote on under paragraph (3) of this subsection. 26
1082983
1083- (i) specify the criteria that are to be used to determine whether an
1084-individual is eligible for public campaign financing; and
984+ (5) [Unless invited to attend by an affirmative vote of a majority of the 27
985+elected members of the county board, the] THE student member may [not] attend an 28
986+executive session [that] OF THE BOARD UNLESS THE EXECUTIVE SESSIO N relates to 29
987+[hearings]: 30
988+ 22 HOUSE BILL 1079
1085989
1086- (ii) provide the funding and staff necessary for the operation,
1087-administration, and auditing of the system of public campaign financing.
1088990
1089- (c) A system of public campaign financing enacted under subsection (b) of this
1090-section:
991+ (I) HEARINGS on appeals of special education placements, hearings 1
992+held under § 6–202(a) of this article, or collective bargaining; OR 2
1091993
1092- (1) shall provide for participation of candidates in public campaign
1093-financing on a strictly voluntary basis;
994+ (II) A PERSONNEL MATTER FOR WHICH THE STUDENT MA Y NOT 3
995+VOTE UNDER PARAGRAPH (3) OF THIS SUBSECTION . 4
1094996
1095- (2) may not regulate candidates who choose not to participate in public
1096-campaign financing;
997+ (6) (I) The Prince George’s Regional Association of Student 5
998+Governments may SHALL establish procedures for the election of the student member of 6
999+the county board. 7
10971000
1098- (3) shall prohibit the use of public campaign financing for any campaign
1099-except a campaign for [county] LOCAL elective office;
1001+ (II) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH 8
1002+SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE FOR: 9
11001003
1101- (4) shall require a candidate who accepts public campaign financing to:
1004+ 1. THE ADMINISTRATION OF : 10
11021005
1103- (i) establish a campaign finance entity solely for the campaign for
1104-[county] LOCAL elective office; and
1006+ A. A PRIMARY ELECTION EAC H YEAR BY THE PRINCE 11
1007+GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS ; AND 12
11051008
1106- (ii) use funds from that campaign finance entity only for the
1107-campaign for [county] LOCAL elective office;
1009+ B. A GENERAL ELECTION EAC H YEAR BY STUDENTS I N 13
1010+6TH THROUGH 12TH GRADE IN THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL 14
1011+SYSTEM; AND 15
11081012
1109- (5) shall prohibit a candidate who accepts public campaign financing from
1110-transferring funds:
1013+ 2. NOTIFICATION TO THE COUNTY SUPERINTENDENT 16
1014+OF CANDIDATES SELECT ED BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF 17
1015+STUDENT GOVERNMENTS AFTER EAC H ANNUAL PRIMARY ELE CTION. 18
11111016
1112- (i) to the campaign finance entity established to finance the
1113-campaign for [county] LOCAL elective office from any other campaign finance entity
1114-established for the candidate; and WES MOORE, Governor Ch. 793
1017+ (7) FOR THE GENERAL ELECT ION HELD UNDER THIS SUBSECTION, 19
1018+THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM SHALL : 20
11151019
1116-– 25 –
1020+ (I) PROVIDE EQUAL CAMPAIG N FUNDS TO THE CANDI DATES 21
1021+FOR THE STUDENT MEMB ER OF THE BOARD ; AND 22
11171022
1118- (ii) from the campaign finance entity established to finance the
1119-campaign for [county] LOCAL elective office to any other campaign finance entity;
1023+ (II) EDUCATE THE STUDENTS DESCRIBED UNDER PARA GRAPH 23
1024+(6)(II)1B OF THIS SUBSECTION O N THE VOTING PROCESS BEFORE EACH GENERAL 24
1025+ELECTION. 25
11201026
1121- (6) shall provide for a public election fund for [county] LOCAL elective
1122-offices that is administered by the chief financial officer of the county; and
1027+ (7) (8) The election procedures established by the Prince George’s 26
1028+Regional Association of Student Governments are subject to the approval of the elected 27
1029+members of the county board. 28
11231030
1124- (7) shall be subject to regulation and oversight by the State Board to ensure
1125-conformity with State law and policy to the extent practicable.
1031+ (g) (1) An elected member serves for a term of 4 years beginning on the first 29
1032+Monday in December after the member’s election and until the member’s successor is 30
1033+elected and qualifies. 31
1034+ HOUSE BILL 1079 23
11261035
1127- (d) A system of public campaign financing enacted under subsection (b) of this
1128-section may:
11291036
1130- (1) provide for more stringent regulation of campaign finance activity by
1131-candidates who choose to accept public campaign financing, including contributions,
1132-expenditures, reporting, and campaign material, than is provided for by State law;
1037+ (2) (I) UNLESS OTHERWISE DISQ UALIFIED UNDER THIS SECTION, 1
1038+AN ELECTED MEMBER OF THE COUNTY BOARD IS ELIGIBLE FOR REEL ECTION. 2
11331039
1134- (2) provide for administrative penalties for violations, in accordance with §
1135-10–202 of the Local Government Article; and
1040+ (II) AN ELECTED MEMBER MAY NOT SERVE FOR MORE T HAN 3
1041+TWO TERMS AS AN ELEC TED MEMBER . 4
11361042
1137- (3) allow a publicly financed candidate to transfer any amount of funds
1138-from the candidate’s campaign finance entity to the candidate’s contested election
1139-committee.
1043+ [(2)] (3) The student member serves for a term of 1 year beginning at the 5
1044+end of a school year. 6
11401045
1141- SECTION 3. AND BE IT FURTHER ENACTED, That:
1046+ [(3)] (4) (i) Subject to subparagraph (ii) of this paragraph, if a seat 7
1047+held by an elected member of the county board becomes vacant, the County Executive shall: 8
11421048
1143- (a) The provisions of § 4–104 of the Education Article, as enacted by Section 1 of
1144-this Act, shall be construed to apply retroactively and shall be applied to and interpreted to
1145-affect any litigation that was initiated on or after January 1, 2020, involving the defense of
1146-a member of the Prince George’s County Board of Education who:
1049+ 1. Appoint a qualified individual to fill the seat for the 9
1050+remainder of the term; and 10
11471051
1148- (1) is involved in litigation because of the member’s service and in the
1149-member’s official capacity on the county board; and
1052+ 2. Transmit the name of the appointee to the clerk of the 11
1053+County Council. 12
11501054
1151- (2) was found during the course of litigation to have been acting within the
1152-scope of the member’s authority and without malice and gross negligence.
1055+ (ii) If the County Council does not disapprove an appointment under 13
1056+subparagraph (i) of this paragraph by a two–thirds vote of all members of the County 14
1057+Council within 45 days after the transmittal of the name of the appointee, the appointment 15
1058+shall be considered approved. 16
11531059
1154- (b) An individual seeking to be reimbursed by the Prince George’s County Board
1155-of Education under this section must provide to the Prince George’s County Board of
1156-Education on or before August 1, 2023, documentation of the litigation costs incurred.
1060+3–1003. 17
11571061
1158- SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
1159-take effect July 1, 2024, the effective date of Chapter 217 of the Acts of the General
1160-Assembly of 2022. If the effective date of Chapter 217 is amended, Section 2 of this Act shall
1161-take effect on the taking effect of Chapter 217.
1162- Ch. 793 2023 LAWS OF MARYLAND
1062+ (a) (1) [From and after December 4, 2006, at] AT the beginning of each 18
1063+member’s full term FROM AND AFTER DECEMBER 7, 2026, the chair of the county board 19
1064+is entitled to receive [$19,000] $32,000 $30,000 annually as compensation and the other 20
1065+elected members are each entitled to receive [$18,000] $27,000 annually as compensation. 21
11631066
1164-– 26 –
1165- SECTION 4. 5. AND BE IT FURTHER ENACTED, That, except as provided in
1166-Section 3 4 of this Act, this Act shall take effect July 1, 2023, contingent on the taking effect
1167-of Chapter ____ (H.B. 432) of the Acts of the General Assembly of 2023, and if Chapter ____
1168-(H.B. 432) does not become effective, this Act, with no further action required by the
1169-General Assembly, shall be null and void.
1067+ (2) Each elected member of the county board may be provided health 22
1068+insurance and other fringe benefits regularly provided to employees of the Board of 23
1069+Education under the same terms and conditions extended to other employees of the Board 24
1070+of Education. 25
11701071
1171-Approved by the Governor, May 16, 2023.
1072+Article – Election Law 26
1073+
1074+13–505. 27
1075+
1076+ (a) In this section, “contested election committee” means a contested election 28
1077+committee established under Title 12, Subtitle 3 of this article. 29
1078+
1079+ (b) (1) (I) Subject to the provisions of this section, the governing body of a 30
1080+county may establish, by law, a system of public campaign financing for elective offices in 31
1081+the executive or legislative branches of county government. 32
1082+ 24 HOUSE BILL 1079
1083+
1084+
1085+ (II) 1. THIS SUBPARAGRAPH APP LIES ONLY IN PRINCE 1
1086+GEORGE’S COUNTY. 2
1087+
1088+ 2. SUBJECT TO THE PROVIS IONS OF THIS SECTION , 3
1089+AFTER THE GOVERNING BODY OF PRINCE GEORGE’S COUNTY HAS IMPLEMENTE D A 4
1090+SYSTEM OF PUBLIC CAMPAIGN F INANCING ESTABLISHED UNDER SUBPARAGRAPH (I) 5
1091+OF THIS PARAGRAPH FO R AT LEAST ONE COMPL ETE ELECTION CYCLE , THE 6
1092+GOVERNING BODY OF PRINCE GEORGE’S COUNTY MAY ESTABLISH , BY LAW, A 7
1093+SYSTEM OF PUBLIC CAM PAIGN FINANCING FOR ELECTED MEMBERS OF T HE PRINCE 8
1094+GEORGE’S COUNTY BOARD OF EDUCATION. 9
1095+
1096+ 3. A SYSTEM OF PUBLIC CAM PAIGN FINANCING FOR 10
1097+ELECTED MEMBERS OF T HE COUNTY BOARD OF E DUCATION ESTABLISHED UNDER 11
1098+SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY NOT INCLUDE PUBL IC 12
1099+CAMPAIGN FINANCING F OR THE ELECTI ON OF A STUDENT MEMB ER OF THE COUNTY 13
1100+BOARD OF EDUCATION . 14
1101+
1102+ (2) A system of public financing established under paragraph (1) of this 15
1103+subsection may include public financing of a contested election committee. 16
1104+
1105+ (3) When establishing a system of public campaign financing for [elective 17
1106+offices in the executive or legislative branches of county government] AN OFFICE UNDER 18
1107+PARAGRAPH (1) OF THIS SUBSECTION , the governing body of a county shall: 19
1108+
1109+ (i) specify the criteria that are to be used to determine whether an 20
1110+individual is eligible for public campaign financing; and 21
1111+
1112+ (ii) provide the funding and staff necessary for the operation, 22
1113+administration, and auditing of the system of public campaign financing. 23
1114+
1115+ (c) A system of public campaign financing enacted under subsection (b) of this 24
1116+section: 25
1117+
1118+ (1) shall provide for participation of candidates in public campaign 26
1119+financing on a strictly voluntary basis; 27
1120+
1121+ (2) may not regulate candidates who choose not to participate in public 28
1122+campaign financing; 29
1123+
1124+ (3) shall prohibit the use of public campaign financing for any campaign 30
1125+except a campaign for [county] LOCAL elective office; 31
1126+
1127+ (4) shall require a candidate who accepts public campaign financing to: 32
1128+ HOUSE BILL 1079 25
1129+
1130+
1131+ (i) establish a campaign finance entity solely for the campaign for 1
1132+[county] LOCAL elective office; and 2
1133+
1134+ (ii) use funds from that campaign finance entity only for the 3
1135+campaign for [county] LOCAL elective office; 4
1136+
1137+ (5) shall prohibit a candidate who accepts public campaign financing from 5
1138+transferring funds: 6
1139+
1140+ (i) to the campaign finance entity established to finance the 7
1141+campaign for [county] LOCAL elective office from any other campaign finance entity 8
1142+established for the candidate; and 9
1143+
1144+ (ii) from the campaign finance entity established to finance the 10
1145+campaign for [county] LOCAL elective office to any other campaign finance entity; 11
1146+
1147+ (6) shall provide for a public election fund for [county] LOCAL elective 12
1148+offices that is administered by the chief financial officer of the county; and 13
1149+
1150+ (7) shall be subject to regulation and oversight by the State Board to ensure 14
1151+conformity with State law and policy to the extent practicable. 15
1152+
1153+ (d) A system of public campaign financing enacted under subsection (b) of this 16
1154+section may: 17
1155+
1156+ (1) provide for more stringent regulation of campaign finance activity by 18
1157+candidates who choose to accept public campaign financing, including contributions, 19
1158+expenditures, reporting, and campaign material, than is provided for by State law; 20
1159+
1160+ (2) provide for administrative penalties for violations, in accordance with § 21
1161+10–202 of the Local Government Article; and 22
1162+
1163+ (3) allow a publicly financed candidate to transfer any amount of funds 23
1164+from the candidate’s campaign finance entity to the candidate’s contested election 24
1165+committee. 25
1166+
1167+ SECTION 3. AND BE IT FURTHER ENACTED, That: 26
1168+
1169+ (a) The provisions of § 4–104 of the Education Article, as enacted by Section 1 of 27
1170+this Act, shall be construed to apply retroactively and shall be applied to and interpreted to 28
1171+affect any litigation that was initiated on or after January 1, 2020, involving the defense of 29
1172+a member of the Prince George’s County Board of Education who: 30
1173+
1174+ (1) is involved in litigation because of the member’s service and in the 31
1175+member’s official capacity on the county board; and 32
1176+ 26 HOUSE BILL 1079
1177+
1178+
1179+ (2) was found during the course of litigation to have been acting within the 1
1180+scope of the member’s authority and without malice and gross negligence. 2
1181+
1182+ (b) An individual seeking to be reimbursed by the Prince George’s County Board 3
1183+of Education under this section must provide to the Prince George’s County Board of 4
1184+Education on or before August 1, 2023, documentation of the litigation costs incurred. 5
1185+
1186+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 6
1187+take effect July 1, 2024, the effective date of Chapter 217 of the Acts of the General 7
1188+Assembly of 2022. If the effective date of Chapter 217 is amended, Section 2 of this Act shall 8
1189+take effect on the taking effect of Chapter 217. 9
1190+
1191+ SECTION 4. 5. AND BE IT FURTHER ENACTED, That, except as provided in 10
1192+Section 3 4 of this Act, this Act shall take effect July 1, 2023, contingent on the taking effect 11
1193+of Chapter ____ (H.B. 432) of the Acts of the General Assembly of 2023, and if Chapter ____ 12
1194+(H.B. 432) does not become effective, this Act, with no further action required by the 13
1195+General Assembly, shall be null and void. 14
1196+
1197+
1198+
1199+
1200+
1201+Approved:
1202+________________________________________________________________________________
1203+ Governor.
1204+________________________________________________________________________________
1205+ Speaker of the House of Delegates.
1206+________________________________________________________________________________
1207+ President of the Senate.