Home Table of Contents

§ 2-303. Powers and duties of State Superintendent

West's Annotated Code of MarylandEducationEffective: July 1, 2023

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 2. State Department of Education (Refs & Annos)
Subtitle 3. State Superintendent of Schools (Refs & Annos)
Effective: July 1, 2023
MD Code, Education, § 2-303
§ 2-303. Powers and duties of State Superintendent
Currentness
In general
(a) In addition to the other powers granted and duties imposed under this article, the State Superintendent has the powers and duties set forth in this section.
Enforcement of article, bylaws, rules, and regulations
(b)(1) The State Superintendent shall enforce the provisions of:
(i) This article that are within his jurisdiction; and
(ii) The bylaws, rules, and regulations of the State Board.
(2) If an educational institution, a county board, or a nonpublic prekindergarten program, or nonpublic school subject to the requirements of § 26-704 of this article violates any of these provisions, the State Superintendent, by written notice, may require the State Comptroller to withhold from that institution, board, program, or school:
(i) All or any part of an appropriation made by the General Assembly; and
(ii) All or any part of any other payment from funds budgeted by the State.
Duties of State Superintendent
(c) The State Superintendent shall:
(1) Carry out the educational policies of the State Board;
(2) Call and conduct conferences of county boards and professional personnel of the county school systems on the condition, needs, and improvement of the schools; and
(3) Prepare and publish pamphlets to:
(i) Stimulate public interest;
(ii) Promote the work of education; and
(iii) Foster professional insight and efficiency in teachers.
Membership in Governor’s Executive Council
(d) The State Superintendent is a member of the Governor's Executive Council.
Receipt and examination of reports
(e) The State Superintendent shall:
(1) Receive and examine each report required under the bylaws, rules, and regulations of the State Board; and
(2) Examine the expenditures, business methods, and accounts of each county board and advise each county board about them.
Approval or disapproval of purchase, sales, remodeling, or construction of new school buildings
(f)(1) Subject to the bylaws, rules, and regulations of the State Board, and except as provided in paragraph (5) of this subsection, the State Superintendent, or the State Superintendent's designee, shall approve or disapprove each:
(i) Proposal for the purchase or sale of any ground, school site, or building;
(ii) Plan or specification for the remodeling of a school building if the remodeling costs more than $1,000,000;
(iii) Plan or specification for the construction of a new school building; and
(iv) Change order that costs more than $50,000 for the remodeling, restoration, or construction of a school building.
(2) If the State Superintendent, or the State Superintendent's designee, disapproves any plan, specification, proposal, or change order, the State Superintendent, or the State Superintendent's designee, shall state in writing the reasons for the disapproval.
(3) If the construction is to be done by a county board, the board may not begin until the plans and specifications are approved in writing by the State Superintendent, or the State Superintendent's designee.
(4) If the construction is to be done by contract, the contract is invalid without the written approval of the State Superintendent, or the State Superintendent's designee.
(5) For the purchase of any ground or school site under paragraph (1) of this subsection, the county board shall submit the purchase to the State Superintendent, or the State Superintendent's designee, for approval or disapproval not more than 3 years before the project is submitted to the Interagency Commission on School Construction for local planning approval.
Certificate of professional personnel in public schools
(g)(1) The State Superintendent shall certificate the professional personnel in each public school in accordance with this article and subject to the bylaws, rules, and regulations of the Professional Standards and Teacher Education Board.
(2) Renewal requirements for any professionally certificated employee may be waived if:
(i) The renewal is recommended by the county superintendent having jurisdiction over the employee; and
(ii) The professionally certificated employee is:
1. 55 years old or older; or
2. Employed in public or approved nonpublic school service for at least 25 years.
Approval of program of instruction
(h)(1) If the program is based on and complies with the standards established by the bylaws, rules, and regulations of the State Board, the State Superintendent shall approve any program of instruction offered by a State institution under the supervision of:
(i) The Department of Juvenile Services;
(ii) The Developmental Disabilities Administration or the Behavioral Health Administration of the Maryland Department of Health;
(iii) The Department of Public Safety and Correctional Services; or
(iv) The residential school located within the Institute of Psychiatry and Human Behavior of the University Hospital.
(2) If the State Superintendent grants approval, he shall issue a certificate of approval for the program to the institution that offers the program.
(3) The certificate may be revoked for cause by the State Superintendent.
(4) Each institution that offers an approved program shall:
(i) Be open at all reasonable times for inspection of the program by the State Superintendent or his designated agent; and
(ii) Furnish the information and reports that the State Superintendent considers necessary for evaluation of the program.
(5) The State Superintendent shall issue a certificate of completion of credit to a resident of an institution who successfully completes an approved program of instruction.
Visual and auditory aids, educational television, and other aids to facilitate instruction
(i)(1) The State Superintendent may furnish visual and auditory aids, educational television, and any other aids to facilitate instruction in all subjects in any school, institution, or organization under the supervision of the State Board.
(2) Material collected for this purpose may be made available for a limited time to any responsible institution or organization for the benefit of citizens of this State.
(3) The State Superintendent may make contracts to carry out the provisions of this subsection.
Early Childhood Development Division
(j) The State Superintendent shall establish an Early Childhood Development Division within the Department.
Other assigned duties
(k) The State Superintendent shall perform any other duties assigned to him:
(1) Under this article; or
(2) By the State Board.

Credits

Added by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1979, c. 478; Acts 1980, c. 806; Acts 1982, c. 430, § 4; Acts 1986, c. 636, § 2; Acts 1986, c. 637, § 2; Acts 1987, c. 290, § 1; Acts 1989, c. 539, § 7; Acts 1989, c. 759; Acts 1991, c. 662, § 1; Acts 1994, c. 140, § 1, eff. Oct. 1, 1994; Acts 1995, c. 8, § 4, eff. June 1, 1995; Acts 1997, c. 105, § 1, eff. June 1, 1997; Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2005, c. 585, § 1, eff. July 1, 2005; Acts 2005, c. 585, § 5, eff. July 1, 2005; Acts 2007, c. 5, § 1, eff. March 22, 2007; Acts 2014, c. 460, § 1, eff. July 1, 2014; Acts 2017, c. 62, § 6; Acts 2018, c. 14, § 1, eff. June 1, 2018; Acts 2022, c. 739, § 1, eff. July 1, 2022; Acts 2023, c. 679, § 2, eff. July 1, 2023.
Formerly Art. 77, §§ 5, 24 to 29, 33.
MD Code, Education, § 2-303, MD EDUC § 2-303
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document