MD
Maryland House Bill HB782

Maryland 2023 Regular Session

Maryland House Bill HB782 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0782*
66
77 HOUSE BILL 782
88 F1 3lr1382
99
1010 By: Delegate Atterbeary
1111 Introduced and read first time: February 8, 2023
1212 Assigned to: Ways and Means
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Education – Maryland Office of the Inspector General for Education – Powers 2
1919 and Notifications 3
2020
2121 FOR the purpose of providing that the Maryland Office of the Inspector General for 4
2222 Education is a state educational authority under a certain federal law; providing that 5
2323 the Maryland Office of the Inspector General for Education is the State unit 6
2424 authorized to audit or evaluate certain education programs; prohibiting the 7
2525 Inspector General for Education from serving more than a certain number of full 8
2626 terms; requiring the Governor, the Attorney General, and the State Treasurer to 9
2727 provide the Inspector General with a certain notice and opportunity for a hearing 10
2828 before removing the Inspector General; authorizing the Inspector General to appoint 11
2929 and retain certain employees and consultants, including Deputy Inspectors General; 12
3030 expanding the types of reviews the Inspector General may conduct and the entities 13
3131 the Inspector General may review; requiring the Inspector General to advise a 14
3232 person of the right to counsel when a subpoena is served if the subpoena requires an 15
3333 appearance; authorizing a circuit court to grant appropriate relief after conducting 16
3434 a certain hearing in a criminal proceeding; authorizing the Inspector General to 17
3535 obtain legal services from a person outside the Office of the Attorney General under 18
3636 certain circumstances; requiring each unit of government or county board of 19
3737 education that received State education funds to post a certain notice and, on request 20
3838 of the Maryland Office of the Inspector General for Education, distribute certain 21
3939 information; and generally relating to the Maryland Office of the Inspector General 22
4040 for Education. 23
4141
4242 BY repealing and reenacting, without amendments, 24
4343 Article – Education 25
4444 Section 9.10–101 and 9.10–105 26
4545 Annotated Code of Maryland 27
4646 (2022 Replacement Volume) 28
4747
4848 BY repealing and reenacting, with amendments, 29 2 HOUSE BILL 782
4949
5050
5151 Article – Education 1
5252 Section 9.10–102 through 9.10–104 2
5353 Annotated Code of Maryland 3
5454 (2022 Replacement Volume) 4
5555
5656 BY adding to 5
5757 Article – Education 6
5858 Section 9.10–106 7
5959 Annotated Code of Maryland 8
6060 (2022 Replacement Volume) 9
6161
6262 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
6363 That the Laws of Maryland read as follows: 11
6464
6565 Article – Education 12
6666
6767 9.10–101. 13
6868
6969 (a) In this title the following words have the meanings indicated. 14
7070
7171 (b) “Inspector General” means the Inspector General in the Maryland Office of 15
7272 the Inspector General for Education. 16
7373
7474 (c) “Office” means the Maryland Office of the Inspector General for Education. 17
7575
7676 9.10–102. 18
7777
7878 (a) There is a Maryland Office of the Inspector General for Education. 19
7979
8080 (b) The Office is [an]: 20
8181
8282 (1) AN independent unit of the State; 21
8383
8484 (2) A STATE EDUCATIONAL AU THORITY UNDER THE FEDERAL 22
8585 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT; AND 23
8686
8787 (3) THE STATE UNIT AUTHORIZED TO AUDIT OR EVALUATE 24
8888 ELEMENTARY AND SECON DARY EDUCATION PROGRAMS AND SERVICE S IN THE 25
8989 STATE THAT RECEIVE FE DERAL OR STATE SUPPORT . 26
9090
9191 (c) The purpose of the Office is to provide accountability and transparency in the 27
9292 expenditure of public funds for education in the State. 28
9393
9494 (d) All expenses and operations related to the administration of the Office shall 29
9595 be separately identified and independent of any other unit of State government. 30
9696 HOUSE BILL 782 3
9797
9898
9999 9.10–103. 1
100100
101101 (a) There is an Inspector General in the Maryland Office of the Inspector General 2
102102 for Education. 3
103103
104104 (b) (1) An individual is eligible to be the Inspector General only if the 4
105105 individual executes an affidavit stating that the individual will not accept appointment to, 5
106106 or be a candidate for, a State or local office: 6
107107
108108 (i) During the period of service as the Inspector General; and 7
109109
110110 (ii) For at least 3 years immediately after the individual last serves 8
111111 as the Inspector General. 9
112112
113113 (2) The Inspector General shall renew the affidavit every 2 years during 10
114114 the period of service. 11
115115
116116 (3) A failure to renew the affidavit under this subsection shall subject the 12
117117 Inspector General to removal from office under this section. 13
118118
119119 (c) (1) The Inspector General shall be appointed unanimously by the 14
120120 Governor, the Attorney General, and the State Treasurer, subject to the advice and consent 15
121121 of the Senate. 16
122122
123123 (2) (I) The term of the Inspector General is 5 years, beginning July 1 17
124124 after the appointment of the Inspector General. 18
125125
126126 (II) THE INSPECTOR GENERAL MAY NOT SER VE MORE THAN 19
127127 TWO FULL 5–YEAR TERMS. 20
128128
129129 (3) At the end of a term, the Inspector General shall continue to serve until 21
130130 a successor is appointed. 22
131131
132132 (4) If a vacancy occurs in the Office, an Interim Inspector General shall be 23
133133 appointed as a successor to serve for the remainder of the unexpired term. 24
134134
135135 (d) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 25
136136 Inspector General may be removed unanimously by the Governor, the Attorney General, 26
137137 and the State Treasurer for: 27
138138
139139 [(1)] (I) Misconduct in office; 28
140140
141141 [(2)] (II) Persistent failure to perform the duties of the Office; or 29
142142
143143 [(3)] (III) Conduct prejudicial to the proper administration of justice. 30
144144 4 HOUSE BILL 782
145145
146146
147147 (2) (I) BEFORE REMOVING THE INSPECTOR GENERAL, THE 1
148148 GOVERNOR, THE ATTORNEY GENERAL, AND THE STATE TREASURER SHALL 2
149149 PROVIDE THE INSPECTOR GENERAL WITH WRITTEN NOTICE OF THE PROPOS ED 3
150150 REMOVAL. 4
151151
152152 (II) WITHIN 10 DAYS AFTER RECEIVING THE WRITTEN NOTICE 5
153153 OF THE PROPOSED REMO VAL, THE INSPECTOR GENERAL MAY REQUEST A N 6
154154 ADMINISTRATIVE HEARING. 7
155155
156156 (III) THE GOVERNOR, THE ATTORNEY GENERAL, AND THE 8
157157 STATE TREASURER MAY DESIGNA TE AN ASSISTANT ATTORNEY GENERAL TO SERVE 9
158158 AS THE ADMINISTRATIV E HEARING OFFICER FO R A HEARING UNDER 10
159159 SUBPARAGRAPH (II) OF THIS PARAGRAPH . 11
160160
161161 (e) (1) Subject to paragraph (2) of this subsection, the Inspector General shall 12
162162 be professionally qualified through experience or education in at least one of the following 13
163163 areas: 14
164164
165165 (i) Law; 15
166166
167167 (ii) Auditing; 16
168168
169169 (iii) Government operations; 17
170170
171171 (iv) Financial management; or 18
172172
173173 (v) Education policy. 19
174174
175175 (2) If the Inspector General is professionally qualified in the area of 20
176176 education policy, the Inspector General also shall be professionally qualified through 21
177177 experience or education in at least one of the other areas listed in paragraph (1) of this 22
178178 subsection. 23
179179
180180 (f) (1) The Inspector General is entitled to the salary provided in the State 24
181181 budget. 25
182182
183183 (2) Funding for the Office shall be as provided in the State budget. 26
184184
185185 (G) (1) THE INSPECTOR GENERAL MAY , AS PROVIDED IN THE STATE 27
186186 BUDGET, APPOINT TERM MERIT EMPLOYEE S, INCLUDING ONE OR MOR E DEPUTY 28
187187 INSPECTOR S GENERAL. 29
188188
189189 (2) THE TERM OF A DEPUTY INSPECTOR GENERAL SHALL END WHE N 30
190190 THE NEXT INSPECTOR GENERAL TAKES OFFICE , UNLESS THE INSPECTOR GENERAL 31 HOUSE BILL 782 5
191191
192192
193193 SPECIFIES A SHORTER TERM WHEN APPOINT ING THE DEPUTY INSPECTOR 1
194194 GENERAL. 2
195195
196196 (3) THE INSPECTOR GENERAL MAY , AS PROVIDED IN THE STATE 3
197197 BUDGET, RETAIN PROJECT STAFF OR OTHER CONSULTANTS BY CONTRACT . 4
198198
199199 (4) THE INSPECTOR GENERAL MAY , WITH THE AGREEMENT O F THE 5
200200 HEAD OF ANY OTHER GOVERNMENT AGENCY OR COUNTY BOARD , TEMPORARILY 6
201201 DETAIL AN EMPLOYEE O F THAT DEPARTMENT OR COUNTY BOARD TO THE OFFICE. 7
202202
203203 (5) THE INSPECTOR GENERAL MAY APPOINT AND EMPLOY 8
204204 PROFESSIONAL AND CLE RICAL STAFF, INCLUDING ATTORNEYS , ACCOUNTANTS , 9
205205 AUDITORS, ANALYSTS, AND INVESTIGATORS , AS PROVIDED IN THE STATE BUDGET , 10
206206 TO CONDUCT THE WORK OF THE OFFICE. 11
207207
208208 9.10–104. 12
209209
210210 (a) (1) Except as provided in paragraph (2) of this subsection, the Inspector 13
211211 General [shall be responsible for examining and investigating the] MAY CONDUCT AN 14
212212 INVESTIGATION , BUDGETARY ANA LYSIS, AND FINANCIAL , MANAGEMENT , OR 15
213213 PERFORMANCE AUDIT OR SIMILAR REVIEW OF THE matters listed in subsection (b) of 16
214214 this section with respect to the management and affairs of the following entities: 17
215215
216216 (i) County boards, local school systems, and public schools; 18
217217
218218 (ii) Nonpublic schools that receive State funds; 19
219219
220220 (iii) The Department; [and] 20
221221
222222 (iv) The Interagency Commission on School Construction; AND 21
223223
224224 (V) THE ACCOUNTABILITY AND IMPLEMENTATION BOARD. 22
225225
226226 (2) The Inspector General may not examine or investigate a nonpublic 23
227227 school that does not receive State funds. 24
228228
229229 (3) IN PERFORMING THE FUN CTIONS UNDER PARAGRA PH (1) OF THIS 25
230230 SUBSECTION, THE INSPECTOR GENERAL MAY: 26
231231
232232 (I) SEEK ASSISTANCE FROM ANY OTHER GOVERNMENT 27
233233 AGENCY OR PRIVATE PA RTY; AND 28
234234
235235 (II) UNDERTAKE ANY PROJECT JOINTLY WITH ANY OTH ER 29
236236 GOVERNMENT AGENCY . 30
237237 6 HOUSE BILL 782
238238
239239
240240 (b) The Inspector General may receive and investigate complaints or information 1
241241 concerning: 2
242242
243243 (1) Instances of fraud, waste, or abuse involving the use of public funds and 3
244244 property; 4
245245
246246 (2) Violations of civil rights, as defined in federal or State laws, of students 5
247247 or employees of the entities listed in subsection (a) of this section; 6
248248
249249 (3) Whether policies and procedures governing the prevention and 7
250250 reporting of child abuse and neglect comply with applicable federal and State laws on child 8
251251 abuse and neglect; and 9
252252
253253 (4) Compliance with other applicable POLICIES, PROCEDURES , AND 10
254254 federal and State laws. 11
255255
256256 (c) (1) The Inspector General may not disclose the identity of the source of a 12
257257 complaint or information provided under subsection (b) of this section unless the Inspector 13
258258 General: 14
259259
260260 (i) Obtains the written consent of the source; or 15
261261
262262 (ii) Determines that disclosure of the identity of the source is 16
263263 necessary and unavoidable during the course of the investigation. 17
264264
265265 (2) If the Inspector General determines that disclosure of the identity of a 18
266266 source is necessary and unavoidable, the Inspector General shall notify the source in 19
267267 writing at least 7 days before disclosure. 20
268268
269269 (d) (1) Except as provided in paragraph (2) of this subsection, during an 21
270270 investigation, BUDGETARY ANALYSIS , OR FINANCIAL , MANAGEMENT , OR 22
271271 PERFORMANCE AUDIT OR SIMILAR REVIEW conducted in accordance with this title, the 23
272272 Inspector General shall have access to all records, data, reports, contracts, correspondence, 24
273273 or other documents of an entity listed under subsection (a) of this section that is the subject 25
274274 of the investigation. 26
275275
276276 (2) The Inspector General may not access or compel the production of 27
277277 documents that are: 28
278278
279279 (i) Protected under the attorney–client privilege; or 29
280280
281281 (ii) Confidential or privileged under applicable provisions of federal 30
282282 or State law. 31
283283
284284 (e) (1) (i) During an investigation, BUDGETARY ANALYSIS , OR 32
285285 FINANCIAL, MANAGEMENT , OR PERFORMANCE AUDIT OR SIMILAR REVIEW conducted 33
286286 in accordance with this title, the Inspector General may: 34 HOUSE BILL 782 7
287287
288288
289289
290290 1. Seek and obtain sworn testimony; and 1
291291
292292 2. Issue subpoenas as necessary to compel the production of 2
293293 documents and records or the attendance of witnesses. 3
294294
295295 (ii) A subpoena may be served in the same manner as one issued by 4
296296 a circuit court. 5
297297
298298 (2) (i) A person may have an attorney present during any contact with 6
299299 the Inspector General. 7
300300
301301 (ii) The Inspector General shall advise a person of the right to 8
302302 counsel when a subpoena is served, IF THE SUBPOENA REQU IRES THE APPEARANCE OF 9
303303 A PERSON. 10
304304
305305 (3) (i) 1. The Inspector General immediately may report the failure 11
306306 of a person to obey a lawfully served subpoena to the circuit court of the county that has 12
307307 jurisdiction. 13
308308
309309 2. The Inspector General shall provide a copy of the 14
310310 subpoena and proof of service to the circuit court. 15
311311
312312 (ii) After conducting a hearing at which the person who allegedly 16
313313 failed to comply with a subpoena has an opportunity to be heard and represented by counsel 17
314314 IN A CRIMINAL PROCEE DING, the circuit court may grant appropriate relief. 18
315315
316316 (f) A State or local agency, county board, nonpublic school, or public official may 19
317317 not take adverse, retaliatory action against an individual [because the individual 20
318318 cooperated] WHO: 21
319319
320320 (1) COOPERATED with or provided information to the Inspector General; 22
321321 OR 23
322322
323323 (2) IS PROTECTED UNDER TITLE 6, SUBTITLE 9 OF THIS ARTICLE . 24
324324
325325 (g) Records or information provided to, prepared for, or obtained by the Inspector 25
326326 General in connection with an investigation are confidential and not subject to disclosure 26
327327 under the Public Information Act. 27
328328
329329 (h) If the Inspector General finds or has reasonable grounds to believe that there 28
330330 has been a criminal violation of federal or State law, the Inspector General shall notify and 29
331331 refer the matter to the appropriate federal, State, or local law enforcement authority, local 30
332332 State’s Attorney’s office, Office of the Attorney General, Office of the State Prosecutor, or 31
333333 federal agency. 32
334334 8 HOUSE BILL 782
335335
336336
337337 (i) If the Inspector General identifies an issue of concern that would not 1
338338 constitute a criminal violation of State law, the Inspector General may report the issue of 2
339339 concern to the State Superintendent, the State Board, the Interagency Commission on 3
340340 School Construction, the Governor, and, in accordance with § 2–1257 of the State 4
341341 Government Article, the General Assembly. 5
342342
343343 (j) The Inspector General may [appoint and employ professional and clerical 6
344344 staff, including attorneys, accountants, auditors, analysts, and investigators, as 7
345345 appropriated in the annual State budget, to conduct the work of the Office] OBTAIN LEGAL 8
346346 SERVICES FROM A PERSON OUTSIDE THE OFFICE OF THE ATTORNEY GENERAL, IF: 9
347347
348348 (1) THE INSPECTOR GENERAL FINDS THAT OB TAINING 10
349349 INDEPENDENT LEGAL SE RVICES IS NECE SSARY TO EFFECTIVELY PERFORM THE 11
350350 OFFICE’S DUTIES; AND 12
351351
352352 (2) THE DEPARTMENT OF BUDGET AND MANAGEMENT 13
353353 APPROPRIATES SUFFICI ENT FUNDS TO COVER T HE COST OF THE LEGAL SERVICES. 14
354354
355355 (K) THE STATE SHALL PROVIDE T HE INSPECTOR GENERAL WITH 15
356356 APPROPRIATELY LOCATE D OFFICE SPACE AND S UFFICIENT PHYSICAL F ACILITIES, 16
357357 INCLUDING NECESSARY OFFICE SUPPLIES , EQUIPMENT, AND FURNISHINGS TO 17
358358 ENABLE THE OFFICE TO PERFORM ITS INDEPENDENT FUNCTION S. 18
359359
360360 9.10–105. 19
361361
362362 (a) On or before December 1 each year, the Office shall submit a report to the 20
363363 State Superintendent, the State Board, the Interagency Commission on School 21
364364 Construction, the Governor, and, in accordance with § 2–1257 of the State Government 22
365365 Article, the General Assembly. 23
366366
367367 (b) The report shall include information on: 24
368368
369369 (1) The Office’s goals and priorities for the upcoming year; 25
370370
371371 (2) The Office’s activities during the preceding year; 26
372372
373373 (3) The number of incidents, in the aggregate, and a general summary of 27
374374 the nature of the reported incidents, referred to the appropriate federal, State, or local law 28
375375 enforcement authority, local State’s Attorney’s office, Office of the Attorney General, Office 29
376376 of the State Prosecutor, or federal agency during the preceding year; 30
377377
378378 (4) Specific findings and recommendations relating to: 31
379379
380380 (i) Instances of fraud, waste, or abuse involving the use of public 32
381381 funds and property; 33
382382 HOUSE BILL 782 9
383383
384384
385385 (ii) Violations of the civil rights of students or employees; 1
386386
387387 (iii) Policies and procedures related to child abuse and neglect and 2
388388 compliance with applicable federal and State laws; and 3
389389
390390 (iv) Compliance with other applicable federal and State laws; and 4
391391
392392 (5) Any regulatory or statutory changes necessary to ensure compliance 5
393393 with applicable federal and State laws. 6
394394
395395 9.10–106. 7
396396
397397 EACH UNIT OF GOVERNME NT OR COUNTY BOARD THAT RECEIVES STATE 8
398398 EDUCATION FUNDS SHALL: 9
399399
400400 (1) KEEP POSTED IN CONSPI CUOUS PLACES ON ITS PREMISES A 10
401401 NOTICE PREPARED BY T HE OFFICE SETTING FORTH THE METHODS FOR REPO RTING 11
402402 FRAUD, WASTE, AND ABUSE OF EDUCA TION RESOURCES ; 12
403403
404404 (2) KEEP POSTED IN CONSPI CUOUS PLACES ON ITS WEBSITE A 13
405405 DIRECT LINK TO THE OFFICE FOR REPORTING FRAUD, WASTE, AND ABUSE; AND 14
406406
407407 (3) ON REQUEST OF THE OFFICE, DISTRIBUTE INFORMATI ON 15
408408 RELATED TO THE PREVE NTION, DETECTION, AND REPORTING OF FRAUD, WASTE, 16
409409 AND ABUSE OF EDUCATI ON RESOURCES TO THE STATE, COUNTY BOARD 17
410410 EMPLOYEES, AND OTHER PERSONS OR ENTITIES RECEIVING STATE EDUCATION 18
411411 FUNDS. 19
412412
413413 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
414414 1, 2023. 21