(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.