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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0459*
HOUSE BILL 459
F1 6lr1136
By: Delegates Ghrist, Miller, Adams, Anderson, Arentz, Baker, Beauchamp,
Bouchat, Buckel, Ciliberti, Griffith, Hartman, Hinebaugh, Hornberger,
Howard, Hutchinson, Jacobs, Kipke, R. Long, Mangione, McComas,
T. Morgan, Nkongolo, Pippy, Reilly, Rose, Tomlinson, and Valentine
Introduced and read first time: January 23, 2026
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
State Board of Education and State Superintendent of Schools – Enforcement 2
Procedures – Alterations 3
FOR the purpose of establishing the standard of review that the State Board of Education 4
must use when considering an appeal of certain actions taken by a county board of 5
education; establishing a limit on the duration of a stay ordered by the State 6
Superintendent of Schools of a certain action taken by a county board; and generally 7
relating to enforcement procedures of the State Board of Education and the State 8
Superintendent of Schools. 9
BY repealing and reenacting, without amendments, 10
Article – Education 11
Section 2–205(a) and (d) and 2–303(a) 12
Annotated Code of Maryland 13
(2025 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 2–205(e) and 2–303(b) 17
Annotated Code of Maryland 18
(2025 Replacement Volume and 2025 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
2–205. 23
2 HOUSE BILL 459
(a) In addition to the other powers granted and duties imposed under this article, 1
the State Board has the powers and duties set forth in this section. 2
(d) The State Board may institute legal proceedings to enforce: 3
(1) The provisions of this article that are within its jurisdiction; and 4
(2) The bylaws, rules, and regulations adopted by the Board. 5
(e) (1) Without charge and with the advice of the Attorney General, the State 6
Board shall explain the true intent and meaning of the provisions of: 7
(i) This article that are within its jurisdiction; and 8
(ii) The bylaws, rules, and regulations adopted by the Board. 9
(2) Except as provided in paragraph [(4)] (5) of this subsection and in Title 10
6, Subtitles 4 and 5 of this article, the Board shall decide all controversies and disputes 11
under these provisions. 12
(3) (I) IN AN APPEAL TO THE STATE BOARD OF A DECISION OF A 13
COUNTY BOARD REGARDING A LOCAL POLICY OR A CONTROVERSY AND DISPUTE 14
REGARDING THE RULES AND REGULATIONS OF THE COUNTY BOARD, THE STANDARD 15
OF REVIEW SHALL BE AN ABUSE OF DISCRETION OR ILLEGALITY. 16
(II) A DECISION OF A COUNTY BOARD MAY BE AN ABUSE OF 17
DISCRETION IF: 18
1. NO REASONABLE PERSON WOULD TAKE THE VIEW 19
ADOPTED BY THE COUNTY BOARD; 20
2. THE COUNTY BOARD ACTS WITHOUT REFERENCE TO 21
ANY GUIDING RULE OR PRINCIPLE; OR 22
3. THE DECISION IS CLEAR LY AGAINST THE LOGIC AND 23
EFFECT OF FACTS AND INFERENCES BEFORE THE COUNTY BOARD. 24
[(3)] (4) The decision of the Board is final. 25
[(4)] (5) (i) The Public Employee Relations Board shall decide any 26
controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this article. 27
(ii) A decision of the Public Employee Relations Board is final. 28
HOUSE BILL 459 3
2–303. 1
(a) In addition to the other powers granted and duties imposed under this article, 2
the State Superintendent has the powers and duties set forth in this section. 3
(b) (1) The State Superintendent shall enforce the provisions of: 4
(i) This article that are within [his] THE STATE 5
SUPERINTENDENT’S jurisdiction; and 6
(ii) The bylaws, rules, and regulations of the State Board. 7
(2) IF THE STATE SUPERINTENDENT ORDERS A STAY OF AN ACTION 8
TAKEN BY A COUNTY BO ARD BY RULE , REGULATION, RESOLUTION, BYLAW, OR 9
OTHER ORDER AND THE ACTION IS APPEALED TO THE COUNTY BOARD OR THE STATE 10
BOARD, THE STAY MAY NOT EXCEED 90 DAYS IN DURATION, BUT MAY BE DISSOLVED 11
AT ANY TIME BY THE STATE SUPERINTENDENT OR THE STATE BOARD. 12
[(2)] (3) If an educational institution, a county board, or a nonpublic 13
prekindergarten program, or nonpublic school subject to the requirements of § 26 –704 of 14
this article violates any of these provisions, the State Superintendent, by written notice, 15
may require the State Comptroller to withhold from that institution, board, program, or 16
school: 17
(i) All or any part of an appropriation made by the General 18
Assembly; and 19
(ii) All or any part of any other payment from funds budgeted by the 20
State. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2026. 23