(a) This section does not apply to a performance evaluation conducted in accordance with the Maryland Program Evaluation Act. (b) A performance evaluation conducted by the Office may include: (1) evaluating the efficiency, effectiveness, and economy with which resources are used; (2) determining whether desired program results are achieved; (3) determining whether a program aligns with the unit's mission; (4) evaluating whether a program duplicates another program or activity within another unit; (5) evaluating whether the governmental activity or unit under evaluation operates: (i) in an open and accountable manner, with public access to records and meetings, safeguards against conflicts of interest, and opportunity for public participation; and (ii) in a fair and nondiscriminatory manner that complies fully with law and State policy; (6) determining the reliability of performance measures, as defined in § 3-1001 of the State Finance and Procurement Article, identified in: (i) the managing for results agency strategic plan developed under § 3-1002(c) of the State Finance and Procurement Article; or (ii) the StateStat strategic plan and performance measurement report submitted to the Secretary of Budget and Management under § 3-1003(d) of the State Finance and Procurement Article; and (7) for a performance evaluation of a local school system: (i) evaluating whether or not the school system is complying with federal and State laws and regulations; (ii) analyzing grading standards, graduation requirements, assessments, procurement, and equitable use of resources among the schools within the system evaluated; and (iii) identifying instances of fraud, waste, and abuse.
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