1. (a) This section does not apply to a performance evaluation conducted in accordance with the Maryland Program Evaluation Act.

2. (b) A performance evaluation conducted by the Office may include:

   1. (1) evaluating the efficiency, effectiveness, and economy with which resources are used;
   2. (2) determining whether desired program results are achieved;
   3. (3) determining whether a program aligns with the unit's mission;
   4. (4) evaluating whether a program duplicates another program or activity within another unit;

   5. (5) evaluating whether the governmental activity or unit under evaluation operates:

      1. (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
      2. (ii) in a fair and nondiscriminatory manner that complies fully with law and State policy;

   6. (6) determining the reliability of performance measures, as defined in § 3-1001 of the State Finance and Procurement Article, identified in:

      1. (i) the managing for results agency strategic plan developed under § 3-1002(c) of the State Finance and Procurement Article; or
      2. (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. (7) for a performance evaluation of a local school system:

      1. (i) evaluating whether or not the school system is complying with federal and State laws and regulations;
      2. (ii) analyzing grading standards, graduation requirements, assessments, procurement, and equitable use of resources among the schools within the system evaluated; and
      3. (iii) identifying instances of fraud, waste, and abuse.

Added by Acts 2019, c. 510, § 2, eff. July 1, 2019; Acts 2019, c. 511, § 2, eff. July 1, 2019. Amended by Acts 2020, c. 627, § 1, eff. May 8, 2020.