Maryland Code § ED-2-303

Section ED-2-303
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(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.
(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.
(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.
(d) The State Superintendent is a member of the Governor's Executive
Council.
(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.
(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.
(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.
(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.
(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.
(j) The State Superintendent shall establish an Early Childhood
Development Division within the Department.

(k) The State Superintendent shall perform any other duties assigned to
him:
(1) Under this article; or
(2) By the State Board.

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