2013 Maryland Code
EDUCATION
§ 3-108 - Appointment or selection, term, and removal from county board

§3-108.

(a) (1) Except as provided in paragraph (2) of this subsection, the Governor shall appoint the members of each county board from the residents of that county.

(2) The members of the following county boards of education shall be selected as follows:

(i) The Baltimore City Board of School Commissioners in accordance with § 3-108.1 of this subtitle;

(ii) The Harford County Board of Education in accordance with § 3-6A-01 of this title;

(iii) The Caroline County Board of Education in accordance with § 3-3A-02 of this title;

(iv) The Anne Arundel County Board of Education in accordance with § 3-110 of this subtitle; and

(v) The county boards of education in the counties listed in § 3-114 of this subtitle in accordance with the provisions of that section.

(b) (1) Each member shall be appointed solely because of character and fitness and without regard to political affiliation.

(2) An individual who is subject to the authority of the county board may not be appointed to or serve on the county board.

(c) (1) Each member serves for a term of 5 years beginning July 1 after the member’s appointment and until a successor is appointed and qualifies.

(2) The Governor shall appoint a new member to fill any vacancy on an appointed board for the remainder of that term and until a successor is appointed and qualifies.

(3) Unless otherwise disqualified under this section, a member of a board is eligible for reappointment. However, an individual may not serve for more than 2 consecutive terms.

(d) (1) With the approval of the Governor, the State Superintendent may remove any member of a county board appointed under this section for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency;

(iv) Willful neglect of duty; or

(v) Failure to attend, without good cause, at least half of the scheduled meetings of the board in any one calendar year.

(2) Before removing a member, the State Superintendent shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Superintendent promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Superintendent sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Superintendent in his own defense, in person or by counsel.

(4) If a member who is removed so requests, the State Superintendent shall file with the clerk of the circuit court for the county from which the member was appointed:

(i) A complete statement of all charges made against the member;

(ii) The findings of the State Superintendent; and

(iii) A complete record of the proceedings.

§ 3-108 - 1. Baltimore City Board of School Commissioners

(a) "Board" defined. -- In this section, "board" means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(b) Established. -- There is a Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(c) Members. -- The board consists of:

(1) Nine voting members jointly appointed by the Mayor of Baltimore City and the Governor from a list of qualified individuals submitted to the Mayor and the Governor by the State Board; and

(2) One voting student member appointed as provided in subsection (o) of this section.

(d) Residency requirement. -- Each member of the board shall be a resident of Baltimore City.

(e) Composition. -- To the extent practicable, the membership of the board shall reflect the demographic composition of Baltimore City.

(f) Member qualifications -- Business administration expertise. -- At least four of the voting members shall possess a high level of knowledge and expertise concerning the successful administration of a large business, nonprofit, or governmental entity and shall have served in a high level management position within such an entity.

(g) Member qualifications -- Education expertise. -- At least three of the voting members shall possess a high level of knowledge and expertise concerning education.

(h) Member qualifications -- Parent of student. -- At least one voting member shall be a parent of a student enrolled in the Baltimore City Public School System as of the date of appointment of the member.

(i) Member qualifications -- Education of children with disabilities expertise. --

(1) Among the nine voting members, at least one member shall also possess knowledge or experience in the education of children with disabilities.

(2) The knowledge or experience may be derived from being the parent of a child with a disability.

(j) Terms. --

(1) The term of a voting member is 3 years.

(2) The terms of the voting members are staggered as required by the terms provided for members of the board on June 1, 1997.

(3) At the end of a term, a voting member continues to serve until a successor is appointed and qualifies.

(4) A voting member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

(5) A voting member may not serve more than two consecutive full terms.

(6) To the extent practicable, the Governor and the Mayor shall fill any vacancy on the board within 60 days of the date of the vacancy from a list of qualified individuals submitted to the Mayor and the Governor by the State Board.

(k) Removal. -- On the joint approval of the Mayor of Baltimore City and the Governor, a member may be removed only for cause in accordance with § 3-108 of this subtitle.

(l) Compensation. -- Each member of the board serves without compensation.

(m) Chairman -- Appointment. -- On appointment of the board, the Governor and the Mayor shall jointly select one of the voting members to serve as the chairman of the board who shall serve through June 30, 1999.

(n) Chairman -- Election. -- Beginning on July 1, 1999 and every 2 years thereafter, from among its voting members the board shall elect a chairman.

(o) Student member. --

(1) One student member shall be a student enrolled in the Baltimore City Public School System who shall be selected by the Associated Student Congress of Baltimore City.

(2) The term of a student member is 1 year.

(3) A student member may not serve more than two consecutive full terms.

(4) The student member may vote on all matters before the board except those relating to:

(i) Personnel;

(ii) Capital and operating budgets;

(iii) School closings, reopenings, and boundaries;

(iv) Collective bargaining decisions;

(v) Student disciplinary matters; and

(vi) Appeals to the board as provided under §§ 4-205 and 6-202 of this article.

(5) The student member may not attend or participate in an executive or special session of the board.

(p) Action by the board. -- Any action by the board shall require:

(1) A quorum of a majority of the voting members then serving; and

(2) The affirmative vote of a majority of the voting members then serving.

§ 3-108 - 2. New Prince George's County Board of Education

Abrogated.