reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-302 - Interagency Commission on School Construction

(a)    There is an Interagency Commission on School Construction.
(b)    The Interagency Commission is an independent commission that functions within the Department.
(c)    The purpose of the Interagency Commission is to develop and approve policies, procedures, guidelines, and regulations on State school construction allocations to local jurisdictions in an independent and merit–based manner.
(d)    The Interagency Commission consists of the following members:
(1)    The State Superintendent of Schools, or the Superintendent’s designee;
(2)    The Secretary of Planning, or the Secretary’s designee;
(3)    The Secretary of General Services, or the Secretary’s designee;
(4)    Two members of the public appointed by the Governor;
(5)    Two members of the public appointed by the President of the Senate; and
(6)    Two members of the public appointed by the Speaker of the House.
(e)    The Governor, President of the Senate, and Speaker of the House jointly shall select the Chair of the Interagency Commission.
(f)    An appointed member of the Interagency Commission may not be:
(1)    An individual who is a regulated lobbyist as described in § 5–702(a)(1), (2), (3), or (4) of the General Provisions Article;
(2)    A federal, State, or local elected official;
(3)    An employee of State or county government or a county board of education; or
(4)    An individual who has a business interest in, or contracts related to, school construction in any jurisdiction in the State.
(g)    An appointed member of the Interagency Commission:
(1)    May not receive compensation as a member of the Commission; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(h)    (1)    The Interagency Commission is a public body and subject to Title 3 of the General Provisions Article.
(2)    Deliberations and decisions regarding the eligibility of projects and allocation of funding shall be considered quasi–legislative functions for the purposes of the Open Meetings Act.
(i)    (1)    The Interagency Commission may employ staff, including contractual staff, in accordance with the State budget.
(2)    The Interagency Commission shall appoint an Executive Director of the Interagency Commission.
(3)    (i)    The Department or any other State agency may lend its employees to serve as the staff for the Interagency Commission.
(ii)    These employees shall be paid by the agency that employs them.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-305 - Separate Accounts for Construction Funds; Special Provision for Anne Arundel County

(a)    Each county board shall keep:
(1)    All money for the construction of public school buildings and public school facilities and the purchase of land for public schools in a separate account from that used for current expenses; and
(2)    A separate and independent accounting system for all public school construction money.
(b)    (1)    In Anne Arundel County, the county board may borrow from one fund to meet temporary cash requirements of another fund or to reimburse another fund for services performed.
(2)    This borrowing or reimbursement is subject to the county charter.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-305.1 - Capital Projects for Anne Arundel County

Notwithstanding any other provision of law, the Anne Arundel County Board may include capital projects that are to be funded over a period of 2 fiscal years in the capital budget, whether or not part of the funding period falls in a calendar year that is an election year for county officials.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-306 - Montgomery County 6-Year Capital Improvements Program

(a)    This section supplements the provisions of §§ 5–101 through 5–107 of this title and does not supersede or impair those provisions.
(b)    Before December 1 of each odd–numbered calendar year, the Montgomery County Board shall prepare and submit to the Montgomery County Executive a 6–year capital improvements program.
(c)    The capital improvements program shall include:
(1)    A statement of the objectives of the capital programs and the relationship of these programs to the long–range development plans adopted by the county;
(2)    Recommended capital projects and a proposed construction schedule;
(3)    An estimate of cost and a statement of all funding sources; and
(4)    All anticipated capital projects and programs of the county board, including substantial improvements and extensions of projects previously authorized.
(d)    The County Executive shall include the 6–year program of the county board, with the recommended revisions and modifications of the County Executive, in the comprehensive 6–year program submitted each even–numbered calendar year to the Montgomery County Council under § 302 of the Montgomery County charter.
(e)    (1)    On or before adoption of its annual budget and appropriations resolution in each even–numbered calendar year, the County Council shall adopt a 6–year capital improvements program for the county board as a part of the comprehensive 6–year program.
(2)    This 6–year capital improvements program shall be adopted after public hearings on the 6–year programs or capital budgets of the county and other agencies.
(3)    In its adoption, the County Council may make amendments, revisions, and modifications.
(4)    The County Council may amend an approved capital improvements program at any time by an affirmative vote of six council members.
(5)    Any amendment, revision, or modification may not become final until it is submitted to the county board for written comment with at least 30 days’ notice.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-307 - Prince George's County Education Facility Master Plan

(a)    The Interagency Commission shall assist the Prince George’s County Board of Education in developing an education facility master plan that encourages and supports the neighborhood school concept to improve the quality of education for all students in Prince George’s County.
(b)    The education facility master plan under subsection (a) of this section shall be updated annually.
(c)    To the extent the Prince George’s County Board of Education and the county consider appropriate, the neighborhood school concept of the education facility master plan may include interagency utilization of neighborhood schools, including joint use of school facilities and property of:
(1)    The Maryland–National Capital Park and Planning Commission;
(2)    The Prince George’s County library system;
(3)    The Prince George’s County Health Department;
(4)    The Prince George’s County Police Department;
(5)    The Prince George’s County Department of Social Services; and
(6)    The Prince George’s County Department of Family Services.
(d)    Notwithstanding any other provision of law, the Prince George’s County Board of Education may construct a school facility planned for joint use by the county board and a public agency listed in subsection (c) of this section on property owned by a public agency other than the county board.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-308 - Reimbursement of State for Debt Service

(a)    Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and Procurement Article, this State may not require reimbursement of debt service from a county for a school that:
(1)    Was initially constructed on or before February 1, 1971;
(2)    Is no longer used for school purposes;
(3)    Has had title transferred to a county government; and
(4)    Is being used for local governmental purposes other than public education; provided, however, that if a former school building is sold by a county government the State shall be reimbursed for outstanding debt service, and if more than 10 percent of usable space within a former school is rented for an amount exceeding the cost of operating and maintaining such space, such rental profit shall be used toward retiring outstanding bonded indebtedness.
(b)    Subject to subsection (c) of this section, this State shall require reimbursement of outstanding debt service from a county for a school that:
(1)    Was constructed under this subtitle;
(2)    Was initially constructed or substantially altered by addition(s), alterations, or renovations and the cost of the construction at the time of execution exceeded $100,000 and the work was accomplished after February 1, 1971;
(3)    Is no longer used for school purposes;
(4)    Has had title transferred to a county government;
(5)    Is being used for local governmental purposes by the State or a county or by any instrumentality of the State or a county other than public education; and
(6)    Has outstanding debt which exceeds $5,000.
(c)    (1)    A county government is not required to reimburse the State for outstanding debt service for a school building that is transferred to the county government in accordance with subsection (b) of this section until 2 years after the school building is transferred.
(2)    After the 2–year period in paragraph (1) of this subsection ends, the county government shall reimburse the State for outstanding debt service for a school building in the amount that the county government would have been required to pay when the school building was transferred to the county.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-309 - Reuse of Recently Used School Designs; Use of Prototype Designs

(a)    It is the intent of the General Assembly that the Department and the Public School Construction Program encourage local education agencies to reuse recently used school designs, when educationally appropriate and cost effective over the useful life of the project, within each county and across local school system boundaries.
(b)    (1)    The Interagency Commission on School Construction shall develop and provide incentives for local education agencies to use prototype school designs.
(2)    The incentives to use prototype school designs may include expedited State review of projects.
(c)    (1)    In this subsection, “net–zero” means that the total amount of energy used by a building on an annual basis is equal to or less than the amount of renewable energy created on the site.
(2)    The Interagency Commission shall establish incentives for:
(i)    The construction of net–zero school buildings; and
(ii)    The use of energy efficient or other preferred materials in public school construction.
(d)    The incentives established under subsections (b) and (c) of this section shall be supplemental to and are not intended to take the place of funding that otherwise would be appropriated to local education agencies for school construction.
(e)    Before the Interagency Commission may provide any incentives established in accordance with subsection (b) or (c) of this section, the Interagency Commission shall:
(1)    Notify the budget committees of the General Assembly in writing of the proposed incentives; and
(2)    Allow the budget committees 30 days to review and comment on the proposed incentives.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-311 - Report on Purchasing Contracts

On or before July 1 of each year, the Department of General Services shall provide a report to the Department and each local education agency that describes existing State purchasing contracts that local education agencies may use to purchase school furniture, equipment, commodities, and services.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-312 - Application of High Performance Building Standards

(a)    In this section, “high performance building” has the meaning stated in § 3–602.1 of the State Finance and Procurement Article.
(b)    This section applies to the construction of new schools that have not initiated a Request For Proposal for the selection of an architectural and engineering consultant on or before July 1, 2009.
(c)    Except as provided in subsection (d) of this section, a new school that receives State public school construction funds shall be constructed to be a high performance building.
(d)    (1)    The Interagency Commission shall establish a process to allow a school system to obtain a waiver from complying with subsection (c) of this section.
(2)    The waiver process shall:
(i)    Include a review by the Interagency Commission to determine if the construction of a high performance building is not practicable; and
(ii)    Require the approval of a waiver by the Interagency Commission.
(e)    For fiscal years 2010 through 2014 only, the State shall pay 50% of the local share of the extra costs, identified and approved by the Interagency Commission, that are incurred in constructing a new school to meet the high performance building requirements of this section.
(f)    The Interagency Commission shall adopt regulations to implement the requirements of this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-312.1 - School District Energy Policy -- Targets to Increase Use of Renewable Energy -- Policy Posted and Updated -- Standardized Reporting Template

(a)    Beginning July 1, 2022, each school district shall adopt or update a school district energy policy.
(b)    A school district energy policy must:
(1)    Address the purchasing, conservation, and efficiency of energy for the school district;
(2)    Provide for the monitoring and reporting of:
(i)    The amount of electricity used from renewable energy sources;
(ii)    The percentage of the school district’s annual electricity use that is from renewable energy sources; and
(iii)    The school district’s overall electricity use by source and square foot; and
(3)    Include current and historical data on the school district’s energy use by square foot.
(c)    In adopting or updating a school district energy policy, each school district is encouraged to set targets to increase the school district’s use of renewable energy and reduce the school district’s greenhouse gas emissions.
(d)    The school district energy policy shall be:
(1)    Posted on the school district’s website; and
(2)    Updated every 3 years.
(e)    On or before January 1, 2022, the Interagency Commission shall coordinate with the Department of the Environment and the Maryland Energy Administration to develop a standardized reporting template that school districts can use to report on:
(1)    The amount of electricity from renewable energy sources that the school district used;
(2)    The percentage of the school district’s annual electricity use that is from renewable energy sources; and
(3)    The school district’s overall electricity use by:
(i)    Source;
(ii)    Square foot; and
(iii)    Individual school, if possible.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-316 - Supervision of Distribution of Construction Appropriations

As directed by the Interagency Commission, the State Treasurer shall supervise the distribution of any money that the General Assembly appropriates for public school construction for:
(1)    Buildings;
(2)    Equipment;
(3)    New construction; or
(4)    Any other capital expenditure.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-317 - School Safety Grant Program.

(a)    In this section, “Program” means the School Safety Grant Program.
(b)    (1)    There is a School Safety Grant Program.
(2)    The purpose of the Program is to provide grants to county boards for school security improvements, including:
(i)    Secure and lockable classroom doors for each classroom in the school;
(ii)    An area of safe refuge in each classroom in the school; and
(iii)    Surveillance and other security technology for school monitoring purposes.
(c)    The Program shall be implemented and administered by the Interagency Commission, in consultation with the Maryland Center for School Safety.
(d)    The Interagency Commission shall:
(1)    Provide grants to county boards for public school security improvements;
(2)    Develop a procedure for a county board to apply for a grant under the Program; and
(3)    Develop eligibility requirements for a county board to receive a grant under the Program.
(e)    In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor shall provide an additional $10,000,000 in the annual operating or capital budget bill that may be used only to award grants under the Program.
(f)    The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source.
(g)    The Interagency Commission shall adopt regulations necessary to implement this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-318 - Solar Energy Pilot Program

(a)    (1)    There is a solar energy pilot program to promote the use of solar energy systems to generate electricity in public school buildings in the State.
(2)    The pilot program shall be implemented and administered by the Interagency Commission and shall operate as provided in this section.
(b)    The Interagency Commission shall:
(1)    Encourage all local boards in the State to study, design, and construct or renovate school buildings that are energy efficient and use solar energy systems to generate electricity to meet some of the school building’s electrical energy needs, electrical energy demand, or a combination of the electrical energy needs and electrical energy demand;
(2)    Provide grants out of State funds dedicated for this program to local boards to assist in implementing the use of solar energy systems at existing public schools or in new or renovated school building projects; and
(3)    Develop a procedure for a local board to apply for a grant in accordance with subsection (c) of this section.
(c)    (1)    A local board may apply to the Interagency Commission for a grant to cover 90% of the cost to purchase and install a solar energy system to generate a portion of the school building’s electrical energy needs or electrical energy demand.
(2)    A local board that receives a grant under this subsection shall pay:
(i)    10% of the cost to purchase and install the solar energy system; and
(ii)    All architectural or engineering fees for the design and supervision of the installation of the solar energy system.
(3)    The Interagency Commission may award a grant under this section for a solar energy system project.
(d)    Local school systems are encouraged to seek private funding to implement the pilot program.
(e)    The total savings of electrical energy needs and electrical energy demand costs that result from the installation and use of solar energy systems under this section shall remain with the local school system.
(f)    (1)    The Interagency Commission and the Maryland Energy Administration shall cooperate with, assist, provide technical assistance to, and advise school systems to identify appropriate existing public school buildings and public school construction projects that would benefit from the installation of solar energy systems.
(2)    The Interagency Commission shall adopt procedures necessary to implement this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-319 - Solar Technology -- Design Development Documents for School Construction or Renovation

(a)    The Interagency Commission shall adopt regulations that require the design development documents for the construction or major renovation of school buildings submitted by a county board to the Interagency Commission to include:
(1)    An evaluation of the use of solar technologies, including photovoltaic or solar water heating, based on life cycle costs; and
(2)    If an evaluation determines that solar technologies are not appropriate for a construction or major renovation project, a report that explains why the use of the technology is not appropriate.
(b)    On or before December 31 of each year, the Interagency Commission shall submit a report on the number of public school construction and major renovation projects in each jurisdiction that use solar technologies to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-320 - Renovation of Existing School Buildings

(a)    (1)    For the purposes of this section, replacement cost shall be determined by the product of the area of a building that is over 40 years old times the current cost per square foot of building construction which may not include:
(i)    Specialized costs of demolition;
(ii)    Site development;
(iii)    The fees of architects and engineers; or
(iv)    Air conditioning.
(2)    All existing area that is not at least 40 years old shall be excluded from this calculation.
(b)    If a county board finds, after preparing feasibility and life cycle cost studies, that it is appropriate and economically beneficial to renovate an existing school building that, in whole or part, has been in continuous educational use for 40 years or more and the cost of the proposed renovation work is not more than the replacement cost of the building or part of a building of the same area and purpose, the Interagency Commission shall consider a request for State funding on the basis of these findings.
(c)    Before it is considered for funding, the project shall be:
(1)    Justified as to need and continued purpose; and
(2)    Included in an annual capital improvement program that has been approved by the Interagency Commission.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-321 - Effect of Participation of Counties in General Public School Construction Loan of 1956 or Similar Acts

(a)    The indebtedness of a county may not be considered to be increased by the receipt of money by a county from participation in the General Public School Construction Loan of 1956 or any similar act.
(b)    A county may not be required to levy ad valorem taxes on its taxable basis for the purpose of repaying to the State any money received by the county as a result of these acts during the calendar year 1958 or after or the interest or carrying charges with respect to this money.
(c)    All money received by a county during the calendar year 1958 or after because of the participation of the county in the General Public School Construction Loan of 1956 or any similar act shall be deducted from the funds due the county under the applicable provisions of State law that relate to the:
(1)    Income tax;
(2)    Tax on racing;
(3)    Recordation tax;
(4)    Tax on amusements;
(5)    License tax; and
(6)    School building construction aid program under § 5–303(c) of this subtitle, provided that money may not be deducted for any general public school construction loans that no longer require repayment by the county under § 5–303(c) of this subtitle.
(d)    All obligations in connection with funds received by a county from the General Public School Construction Loan of 1956 or any similar act are self–liquidating obligations, incurred for self–liquidating projects within the meaning of those terms as used in any charter or public general or public local law of this State.
(e)    Any law that is inconsistent with the provisions of this section is repealed to the extent of the inconsistency.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-324 - Distribution of Grants.

(a)    Repealed.
(b)    Repealed.
(c)    Repealed.
(d)    Repealed.
(e)    Repealed.
(f)    (1)    In fiscal year 2006 and in each fiscal year thereafter, the State shall distribute grants from an appropriation in the State budget or general obligation bonds to county boards under the Aging Schools Program administered by the Interagency Commission on School Construction in amounts equal to the funding level calculated under paragraph (2) of this subsection.
(2)    In fiscal year 2013 and in each fiscal year thereafter, the funding level for a county is the following amounts for the following counties:
(i)    Allegany County …………………………………….$97,791;
(ii)    Anne Arundel County …………………………..$506,038;
(iii)    Baltimore City.................................................... $1,387,924;
(iv)    Baltimore County.................................................. $874,227;
(v)    Calvert County........................................................ $38,292;
(vi)    Caroline County .......................................................$50,074;
(vii)    Carroll County ...................................................... $137,261;
(viii)    Cecil County............................................................ $96,024;
(ix)    Charles County ....................................................... $50,074;
(x)    Dorchester County .............................................. $38,292;
(xi)    Frederick County ................................................ $182,622;
(xii)    Garrett County........................................................ $38,292;
(xiii)    Harford County .................................................... $217,379;
(xiv)    Howard County ...................................................... $87,776;
(xv)    Kent County ........................................................... $38,292;
(xvi)    Montgomery County ............................................ $602,651;
(xvii)    Prince George’s County...................................... $1,209,426;
(xviii)    Queen Anne’s County ............................................. $50,074;
(xix)    St. Mary’s County ................................................... $50,074;
(xx)    Somerset County..................................................... $38,292;
(xxi)    Talbot County.......................................................... $38,292;
(xxii)    Washington County ............................................. $134,904;
(xxiii)    Wicomico County........................................... $106,627; and
(xxiv)    Worcester County.................................................... $38,292.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-325 - Evaluation of Life Cycle Costs of Public School Buildings -- Contract With Third Party -- Annual Updates on Evaluation Progress

(a)    The Interagency Commission or, if required under subsection (b) of this section, the Maryland Stadium Authority shall evaluate the life cycle costs of public school buildings over a 50–year period, including:
(1)    An evaluation, based on a 50–year period, of the cost and efficiency of using alternative energy systems, including geothermal, solar, wind, and energy storage compared to a traditional energy system;
(2)    An energy consumption and systems replacement analysis, based on a 50–year period, of each major piece of equipment in any of the following systems serving the public school building:
(i)    The cooling system;
(ii)    The heating system;
(iii)    The hot water system;
(iv)    The lighting system;
(v)    The ventilation system; or
(vi)    Any other major system that uses energy; and
(3)    The impact of innovative building design and materials on energy consumption, including white roofs and green roofs.
(b)    The Interagency Commission or the Maryland Stadium Authority, as applicable, may contract with a third party to conduct the evaluation under subsection (a) of this section.
(c)    (1)    The evaluation required under subsection (a) of this section shall be conducted and submitted to the General Assembly in accordance with § 2–1257 of the State Government Article on or before October 1, 2023.
(2)    On or before October 1, 2020, and each October 1 through 2022, the Interagency Commission or the Maryland Stadium Authority shall provide annual updates on the progress of the evaluation to the General Assembly, in accordance with § 2–1257 of the State Government Article.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-326 - Public School Facilities Priority Fund -- Purpose of Fund -- Administration -- Items Included in Fund -- Limited Use of Fund -- Investments -- Annual Appropriations -- Expended Money Supplemental

(a)    In this section, “Fund” means the Nancy K. Kopp Public School Facilities Priority Fund.
(b)    There is a Nancy K. Kopp Public School Facilities Priority Fund.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the purpose of the Fund is to provide State funds to address the facility needs of the highest priority schools in the State as identified by the statewide facilities assessment completed by the Interagency Commission on School Construction under § 5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue that required the school to be closed in the current school year or the previous school year.
(2)    If the statewide facilities assessment is not completed, the purpose of the Fund is to provide State funds to address the severity of issues in a school, including:
(i)    Air conditioning;
(ii)    Heating;
(iii)    Indoor air quality;
(iv)    Mold remediation;
(v)    Temperature regulation;
(vi)    Plumbing, including the presence of lead in drinking water outlets in school buildings;
(vii)    Windows; and
(viii)    Any additional severe issues in the school that require the school to be closed.
(d)    The Interagency Commission on School Construction shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Money appropriated in the State budget to the Fund;
(2)    Any interest earnings of the Fund; and
(3)    Any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may be used only for the purpose established under subsection (c) of this section.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
(i)    In fiscal year 2027 and each fiscal year thereafter, the Governor shall appropriate in the annual State operating or capital budget bill at least $80,000,000 to the Fund.
(j)    Expenditures from the Fund may be made only in accordance with the State budget.
(k)    Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated in the annual State operating or capital budget bill to primary and secondary schools under this article.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-328 - Waste Disposal Infrastructure in Certain Design Documents -- School Construction

(a)    (1)    In this section, “waste disposal infrastructure” means a physical waste disposal line located where food is distributed that allows a student to efficiently and properly dispose of waste at the end of a meal.
(2)    “Waste disposal infrastructure” includes:
(i)    A place for the disposal of:
1.    Trash;
2.    Recyclables; and
3.    Food scraps; and
(ii)    A sink for liquid waste.
(b)    The Interagency Commission shall adopt regulations that require a county board to include waste disposal infrastructure in the design documents submitted to the Interagency Commission for the construction of a new school building utilizing State funding.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 3 - State Aid for School Construction › Section 5-329 - Pedestrian Safety Plan in School Construction -- Adoption of Regulations

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “High–density county” means one of the following jurisdictions:
(i)    Anne Arundel County;
(ii)    Baltimore City;
(iii)    Baltimore County;
(iv)    Howard County;
(v)    Montgomery County; or
(vi)    Prince George’s County.
(3)    “Low–density county” means any county not listed in paragraph (2) of this subsection.
(b)    (1)    A county board in a high–density county seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school that would increase the capacity of the school by more than 100 students, shall submit a pedestrian safety plan to the Interagency Commission.
(2)    A county board in a low–density county shall submit a pedestrian safety plan to the Interagency Commission if the county board is seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school, in a city with more than 10,000 residents and the construction or renovation would increase the capacity of the school by more than 100 students.
(3)    The Interagency Commission shall approve a pedestrian safety plan if the pedestrian safety plan complies with subsection (c) of this section.
(c)    (1)    A pedestrian safety plan shall:
(i)    Be developed in collaboration with:
1.    The county department of transportation or equivalent agency of the jurisdiction listed under subsection (a) of this section whose county board is submitting the plan; and
2.    The State Highway Administration;
(ii)    Be limited to the area surrounding the school for which the county board will not provide transportation to students;
(iii)    Identify existing and potential safe routes for students to walk or bike to the school;
(iv)    Evaluate the infrastructure, including sidewalk infrastructure, along existing and potential pedestrian or cyclist routes to the school to determine whether increased capacity is necessary;
(v)    Analyze existing and potential school zones, including the need for expanding school zones on State and county roads; and
(vi)    Include documentation of public participation and input related to the pedestrian safety plan, including minutes from a public hearing and written comments.
(2)    A county board, not the Interagency Commission, shall make all determinations about the contents of a pedestrian safety plan.
(d)    The Interagency Commission may adopt regulations to carry out this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 4 - Accountability and Implementation Board › Section 5-401 - Terms Defined

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Accountability and Implementation Board.
(c)    (1)    “Blueprint for Maryland’s Future” means the plan recommended by the Commission on Innovation and Excellence in Education and enacted by  Chapter 361 of the Acts of the General Assembly of 2018, Chapter 771 of the Acts of the General Assembly of 2019, and Chapter 36 of the Acts of the General Assembly of 2021.
(2)    “Blueprint for Maryland’s Future” includes, unless the context provides otherwise, the recommendations made by the Commission on Innovation and Excellence in Education.
(d)    “Commission” means the Commission on Innovation and Excellence in Education.
(e)    “Comprehensive Implementation Plan” means the plan adopted by the Board under § 5–404 of this subtitle.
(f)    “Nominating Committee” means the Accountability and Implementation Board Nominating Committee.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 4 - Accountability and Implementation Board › Section 5-403 - Accountability and Implementation Board Nominating Committee -- Composition -- Slate of Nominees for Vacancy -- Majority Vote

(a)    There is an Accountability and Implementation Board Nominating Committee.
(b)    (1)    The Nominating Committee is composed of six members.
(2)    (i)    The Governor, the President of the Senate, and the Speaker of the House of Delegates each shall appoint two members to the Nominating Committee.
(ii)    If two of the three individuals required to appoint members to the Nominating Committee under subparagraph (i) of this paragraph have each appointed two members, the remaining individual shall appoint two members to the Nominating Committee within 30 days after the date on which the most recent appointment of a member to the Nominating Committee was made.
(iii)    If the third individual required to appoint members to the Nominating Committee does not appoint the remaining two members to the Nominating Committee within the time period required under subparagraph (ii) of this paragraph, subsection (d) of this section no longer applies.
(3)    The term of a member is 5 years.
(4)    The Nominating Committee shall consist of individuals who:
(i)    Collectively reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and
(ii)    Have collective knowledge of:
1.    Education policy for early childhood education through postsecondary education;
2.    Education strategies used by top–performing state and national systems in the world;
3.    Systemic changes in complex organizations; and
4.    Financial auditing and accounting.
(c)    (1)    On initial establishment and when there is a vacancy on the Board, the Nominating Committee shall nominate a slate of nominees to fill the vacancy.
(2)    (i)    For the initial establishment of the Board, the slate of nominees shall contain at least nine individuals to meet the Board qualifications listed in § 5–402(d) of this subtitle.
(ii)    For a vacancy, the slate of nominees shall contain at least two individuals for each vacant position on the Board.
(d)    Except as provided in subsection (b)(2)(iii) of this section, nominations for the Board made by the Nominating Committee shall be decided by a majority vote, provided that at least one vote cast in the majority is a vote cast by each of a member appointed by the Governor, the President of the Senate, and the Speaker of the House.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 4 - Accountability and Implementation Board › Section 5-406 - Use of Funds Reviewed by Board -- Information From Department on Use of School-Level Expenditures -- Monitoring by Board -- Appeals Process

(a)    The Board shall review the use of funds provided under Subtitle 2 of this title by the State and local government agencies responsible for implementing the Blueprint for Maryland’s Future.
(b)    (1)    On or before January 1 each year in 2022 through 2032, the Department shall submit to the Board information on the use of school–level expenditures in the current fiscal year to aid the Board in fulfilling its responsibilities under this subtitle.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, each local school system shall report to the Department, in a manner determined by the Department, on school–level spending to aid the Department in fulfilling its obligations under this subtitle.
(ii)    Each local school system that includes public charter schools shall account in the report required under this subsection for the distribution of school–level funding to public charter schools to demonstrate compliance with § 5–234 of this title.
(c)    The Board shall monitor the expenditures of local school systems to ensure that minimum school–level funding requirements under § 5–234 of this title are met.
(d)    The Board shall monitor the expenditures of funding provided to local school systems under § 5–223 of this title to ensure that public schools are providing the necessary services.
(e)    (1)    The Board shall monitor how additional special education funding provided under § 5–225 of this title is being used, including:
(i)    The aggregate number of children in special education services by school; and
(ii)    The special education services that have been provided through funding under § 5–225 of this title.
(2)    If a local school system is not spending funding allocated under § 5–225 of this title in addition to special education spending levels provided by State and local funds on June 30, 2020, the local school system shall provide a written response to the Board explaining why additional spending on special education is not necessary.
(f)    The Board  shall develop an appeals process through which local school systems may request greater flexibility in meeting this requirement for reasons including a significant shift in total enrollment or at–promise enrollment between schools from the prior school year to the current school year.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 4 - Accountability and Implementation Board › Section 5-407 - Withholding by Board of Appropriated Funds -- Notification by Board -- Withholding by Comptroller

(a)    Beginning in fiscal year 2022, the Board may determine to withhold appropriated funds from the Department, the Maryland Higher Education Commission, the Career and Technical Education Committee, or any other entity of State or local government responsible for developing an implementation plan under § 5–404 of this subtitle if the entity:
(1)    Has not developed an initial implementation plan, or has not had its implementation plan approved; or
(2)    Has not implemented its implementation plan appropriately.
(b)    The Board shall notify the Comptroller, the Governor, the President of the Senate, and the Speaker of the House of Delegates regarding the intent to withhold appropriated funds under this section.
(c)    After receiving notification from the Board under subsection (b) of this section, the Comptroller shall withhold the amount of funding that the Board determines is necessary to be withheld.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 5 - Financing › Subtitle 4 - Accountability and Implementation Board › Section 5-409 - Powers and Duties of Board

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