§ 61. Department of Education: Board of School Commissioners – Powers and duties.

(a) Educational policies; Budget.

The Board shall determine educational policy for the Department, provide forums at which residents of Baltimore City can express their views about educational policy and decision making, submit the annual budget for the Department of Education, and exercise the other powers and perform the other duties prescribed by law.

(b) Superintendent.

Within 120 days of a vacancy in the position of Superintendent of Public Instruction, the Board, by a majority vote of its members, shall provide to the Mayor a list of candidates for the position. The Mayor shall select the Superintendent from the list. If the Board fails to provide a list within the 120 day period, the Mayor may select the Superintendent in the Mayor's discretion.

The Superintendent must be confirmed by the City Council pursuant to Article IV, Section 6(a). The Mayor, after consulting with the Board, may suspend, demote or dismiss the Superintendent at pleasure.

Upon nomination by the Superintendent, the Board may appoint such Assistant Superintendents as it shall deem necessary and advisable. Upon recommendation of the Superintendent, the Board, at pleasure, may suspend, demote or dismiss an Assistant Superintendent.

(d) Other professional employees.

The Board shall confirm or reject all nominations of principals, teachers, supervisors, directors, and other professional employees made to it by the Superintendent in accordance with the rules of the Board.

Professional employees include teachers, personnel concerned with the supervision, administration, and direction of the educational program and related services, other employees whose positions require a knowledge of and participation in the educational program, and any other employee considered a professional employee under State law.

The Board shall not confirm the appointment of any teacher whose name does not appear upon a graded list hereinafter provided for.

Any principal, teacher or other professional employee, below the rank of Assistant Superintendent, may be suspended, demoted or dismissed only for the reasons, and pursuant to the procedures, prescribed by State law.

(e) Other employees.

All secretaries, clerks and employees, other than professional employees, shall be appointed and may be suspended, demoted or dismissed by the Superintendent in accordance with the provisions of the Charter relating to the Civil Service.

(f) Site selection, school buildings, etc.

(1) Subject to the provisions of this Charter relating to the Planning Commission, the Board has the authority to select sites.

(2) All plans and specifications for school buildings, including changes in plans and specifications, shall be prepared under the direction of and approved by the Board. However, the plans and specifications shall also be submitted to the Director of General Services for the Director's approval.

(3) The Board also has the authority to maintain and repair all school buildings.

(g) Education supplies and equipment.

The Board shall determine the specifications for all educational supplies and equipment used by the Department, and all purchases for the Department shall be made by the Department of Finance in accordance with the procedure provided in Article VI; provided, however, that all tests of samples and analyses of bids for educational supplies shall be made by the Department of Education and a report thereon made by it to the Department of Finance.

(h) Transportation.

The Board shall have charge of the transportation of pupils, the maintenance and operation of the vehicles and equipment used for such purposes and the care, storage and distribution of supplies and equipment used by the Department of Education.