Md. Code, Education § 9.10-102 — MD Code / Article ged / Title 9.10 / Subtitle 1 / Section 9.10-102
§9.
Status: in_force

§9.10–102.

(a) There is a Maryland Office of the Inspector General for Education.

(b) The Office is an independent unit of the State.

(c) The purpose of the Office is to provide accountability and transparency in the expenditure of public funds for education in the State.

(d) All expenses and operations related to the administration of the Office shall be separately identified and independent of any other unit of State government.
Md. Code, Education § 9.10-104 — MD Code / Article ged / Title 9.10 / Subtitle 1 / Section 9.10-104
§9.
Status: in_force

§9.10–104.

(a) (1) Except as provided in paragraph (2) of this subsection, the Inspector General shall be responsible for examining and investigating the matters listed in subsection (b) of this section with respect to the management and affairs of the following entities:

(i) County boards, local school systems, and public schools;

(ii) Nonpublic schools that receive State funds;

(iii) The Department; and

(iv) The Interagency Commission on School Construction.

(2) The Inspector General may not examine or investigate a nonpublic school that does not receive State funds.

(b) The Inspector General may receive and investigate complaints or information concerning:

(1) Instances of fraud, waste, or abuse involving the use of public funds and property;

(2) Violations of civil rights, as defined in federal or State laws, of students or employees of the entities listed in subsection (a) of this section;

(3) Whether policies and procedures governing the prevention and reporting of child abuse and neglect comply with applicable federal and State laws on child abuse and neglect; and

(4) Compliance with other applicable federal and State laws.

(c) (1) The Inspector General may not disclose the identity of the source of a complaint or information provided under subsection (b) of this section unless the Inspector General:

(i) Obtains the written consent of the source; or

(ii) Determines that disclosure of the identity of the source is necessary and unavoidable during the course of the investigation.

(2) If the Inspector General determines that disclosure of the identity of a source is necessary and unavoidable, the Inspector General shall notify the source in writing at least 7 days before disclosure.

(d) (1) Except as provided in paragraph (2) of this subsection, during an investigation conducted in accordance with this title, the Inspector General shall have access to all records, data, reports, contracts, correspondence, or other documents of an entity listed under subsection (a) of this section that is the subject of the investigation.

(2) The Inspector General may not access or compel the production of documents that are:

(i) Protected under the attorney–client privilege; or

(ii) Confidential or privileged under applicable provisions of federal or State law.

(e) (1) (i) During an investigation conducted in accordance with this title, the Inspector General may:

1. Seek and obtain sworn testimony; and

2. Issue subpoenas as necessary to compel the production of documents and records or the attendance of witnesses.

(ii) A subpoena may be served in the same manner as one issued by a circuit court.

(2) (i) A person may have an attorney present during any contact with the Inspector General.

(ii) The Inspector General shall advise a person of the right to counsel when a subpoena is served.

(3) (i) 1. The Inspector General immediately may report the failure of a person to obey a lawfully served subpoena to the circuit court of the county that has jurisdiction.

2. The Inspector General shall provide a copy of the subpoena and proof of service to the circuit court.

(ii) After conducting a hearing at which the person who allegedly failed to comply with a subpoena has an opportunity to be heard and represented by counsel, the circuit court may grant appropriate relief.

(f) A State or local agency, county board, nonpublic school, or public official may not take adverse, retaliatory action against an individual because the individual cooperated with or provided information to the Inspector General.

(g) Records or information provided to, prepared for, or obtained by the Inspector General in connection with an investigation are confidential and not subject to disclosure under the Public Information Act.

(h) If the Inspector General finds or has reasonable grounds to believe that there has been a criminal violation of federal or State law, the Inspector General shall notify and refer the matter to the appropriate federal, State, or local law enforcement authority, local State’s Attorney’s office, Office of the Attorney General, Office of the State Prosecutor, or federal agency.

(i) If the Inspector General identifies an issue of concern that would not constitute a criminal violation of State law, the Inspector General may report the issue of concern to the State Superintendent, the State Board, the Interagency Commission on School Construction, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(j) The Inspector General may appoint and employ professional and clerical staff, including attorneys, accountants, auditors, analysts, and investigators, as appropriated in the annual State budget, to conduct the work of the Office.
Md. Code, Education § 9.10-105 — MD Code / Article ged / Title 9.10 / Subtitle 1 / Section 9.10-105
§9.
Status: in_force

§9.10–105.

(a) On or before December 1 each year, the Office shall submit a report to the State Superintendent, the State Board, the Interagency Commission on School Construction, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) The report shall include information on:

(1) The Office’s goals and priorities for the upcoming year;

(2) The Office’s activities during the preceding year;

(3) The number of incidents, in the aggregate, and a general summary of the nature of the reported incidents, referred to the appropriate federal, State, or local law enforcement authority, local State’s Attorney’s office, Office of the Attorney General, Office of the State Prosecutor, or federal agency during the preceding year;

(4) Specific findings and recommendations relating to:

(i) Instances of fraud, waste, or abuse involving the use of public funds and property;

(ii) Violations of the civil rights of students or employees;

(iii) Policies and procedures related to child abuse and neglect and compliance with applicable federal and State laws; and

(iv) Compliance with other applicable federal and State laws; and

(5) Any regulatory or statutory changes necessary to ensure compliance with applicable federal and State laws.
Md. Code, Education § 9.10-103 — MD Code / Article ged / Title 9.10 / Subtitle 1 / Section 9.10-103
§9.
Status: reserved

§9.10–103.

(a) There is an Inspector General in the Maryland Office of the Inspector General for Education.

(b) (1) An individual is eligible to be the Inspector General only if the individual executes an affidavit stating that the individual will not accept appointment to, or be a candidate for, a State or local office:

(i) During the period of service as the Inspector General; and

(ii) For at least 3 years immediately after the individual last serves as the Inspector General.

(2) The Inspector General shall renew the affidavit every 2 years during the period of service.

(3) A failure to renew the affidavit under this subsection shall subject the Inspector General to removal from office under this section.

(c) (1) The Inspector General shall be appointed unanimously by the Governor, the Attorney General, and the State Treasurer, subject to the advice and consent of the Senate.

(2) The term of the Inspector General is 5 years, beginning July 1 after the appointment of the Inspector General.

(3) At the end of a term, the Inspector General shall continue to serve until a successor is appointed.

(4) If a vacancy occurs in the Office, an Interim Inspector General shall be appointed as a successor to serve for the remainder of the unexpired term.

(d) The Inspector General may be removed unanimously by the Governor, the Attorney General, and the State Treasurer for:

(1) Misconduct in office;

(2) Persistent failure to perform the duties of the Office; or

(3) Conduct prejudicial to the proper administration of justice.

(e) (1) Subject to paragraph (2) of this subsection, the Inspector General shall be professionally qualified through experience or education in at least one of the following areas:

(i) Law;

(ii) Auditing;

(iii) Government operations;

(iv) Financial management; or

(v) Education policy.

(2) If the Inspector General is professionally qualified in the area of education policy, the Inspector General also shall be professionally qualified through experience or education in at least one of the other areas listed in paragraph (1) of this subsection.

(f) (1) The Inspector General is entitled to the salary provided in the State budget.

(2) Funding for the Office shall be as provided in the State budget.
Md. Code, Education § 9.10-101 — MD Code / Article ged / Title 9.10 / Subtitle 1 / Section 9.10-101
§9.
Status: in_force

§9.10–101.

(a) In this title the following words have the meanings indicated.

(b) “Inspector General” means the Inspector General in the Maryland Office of the Inspector General for Education.

(c) “Office” means the Maryland Office of the Inspector General for Education.