Ch. 307                                    2004 LAWS OF MARYLAND

(XIII) THE SELECTION OF ARCHITECTS AND ENGINEERS BY SCHOOL
SYSTEMS;

(XIV) THE AWARD OF CONTRACTS BY SCHOOL SYSTEMS; AND

(XV)   METHOD OF PAYMENTS MADE BY THE STATE UNDER THE
PUBLIC SCHOOL CONSTRUCTION PROGRAM.

(3)     THE REGULATIONS ADOPTED BY THE BOARD OF PUBLIC WORKS
SHALL CONTAIN PROVISIONS:

(I)      ESTABLISHING A STATE AND LOCAL COST-SHARE FORMULA
FOR EACH COUNTY THAT IDENTIFIES THE FACTORS USED IN ESTABLISHING THE
FORMULAS;

(II)     REQUIRING LOCAL EDUCATION AGENCIES TO ADOPT
EDUCATIONAL FACILITIES MASTER PLANS AND ANNUAL CAPITAL IMPROVEMENT
PROGRAMS;

(III)   PROVIDING A METHOD FOR ESTABLISHING A MAXIMUM STATE
CONSTRUCTION ALLOCATION FOR EACH PROJECT APPROVED FOR STATE FUNDING;

(IV)    REFERENCING THE POLICIES STATED IN § 5-7B-07 OF THE
STATE FINANCE AND PROCUREMENT ARTICLE;

(V)     REQUIRING LOCAL SCHOOL SYSTEMS TO ADOPT PROCEDURES
CONSISTENT WITH THE MINORITY BUSINESS ENTERPRISE POLICIES OF THE STATE
AS REQUIRED UNDER THE CODE OF MARYLAND REGULATIONS;

(VI)    ESTABLISHING A PROCESS FOR THE APPEAL OF DECISIONS BY
THE INTERAGENCY COMMITTEE TO THE BOARD OF PUBLIC WORKS;

(VII)  REQUIRING LOCAL EDUCATION AGENCIES TO ADOPT,
IMPLEMENT, AND PERIODICALLY UPDATE COMPREHENSIVE MAINTENANCE PLANS;
AND

(VIII) AUTHORIZING THE BOARD OF PUBLIC WORKS TO WITHHOLD
STATE PUBLIC SCHOOL CONSTRUCTION FUNDS FROM A LOCAL EDUCATION AGENCY
THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF ITEM (VII) OF THIS
PARAGRAPH.

(4)      In adopting any of these requirements, the State Board and the
Board of Public Works shall provide for the maximum exercise of initiative by school
personnel in each county to insure that the school buildings and improvements meet
both the needs of the local communities and the rules and regulations necessary to
insure the proper operation of this section and the prudent expenditure of State
funds.

[(f)] (E) [(1)] The Board of Public Works shall develop the rules, regulations,
and procedures authorized by this section in consultation with representatives of the
county boards and the county governing bodies.

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