2013 Maryland Code
EDUCATION
§ 4-201 - Appointment; term; qualifications; vacancy; removal; suspension.

§4-201.

(a) This section does not apply to Baltimore City.

(b) (1) The term of a county superintendent is 4 years beginning on July 1. A county superintendent continues to serve until a successor is appointed and qualifies.

(2) By February 1 of the year in which a term ends, the county superintendent shall notify the county board whether the superintendent is a candidate for reappointment.

(3) In the year in which a term begins, the county board shall appoint a county superintendent between February 1 and June 30. However, if the county board decides to reappoint the incumbent superintendent, the county board shall take final action at a public meeting no later than March 1 of that year.

(4) If a county board is unable to appoint a county superintendent by July 1 of a year in which a term begins, the provisions of subsection (d) of this section apply.

(c) (1) An individual may not be appointed as county superintendent unless he:

(i) Is eligible to be issued a certificate for the office by the State Superintendent;

(ii) Has graduated from an accredited college or university; and

(iii) Has completed 2 years of graduate work at an accredited college or university, including public school administration, supervision, and methods of teaching.

(2) The appointment of a county superintendent is not valid unless approved in writing by the State Superintendent.

(3) If the State Superintendent disapproves an appointment, he shall give his reasons for disapproval in writing to the county board.

(d) If a vacancy occurs in the office of county superintendent, the county board shall appoint an interim county superintendent who serves until July 1 after his appointment.

(e) (1) The State Superintendent may remove a county superintendent for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Insubordination;

(iv) Incompetency; or

(v) Willful neglect of duty.

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

(3) If the county superintendent 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 county superintendent a notice of the hearing; and

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

(f) On notification of pending criminal charges against a county superintendent as provided under § 4-206 of this subtitle, the county board may suspend the county superintendent with pay until the final disposition of the criminal charges.

§ 4-201 - 1. Chief Officer of Prince George's County public school system.

(a) Applicability. -- This section applies only in Prince George's County.

(b) Selection and appointment. -- Subject to the provisions of subsection (e) of this section, the Chief Executive Officer of the Prince George's County public school system shall be:

(1) Selected by the County Executive in accordance with subsection (c) of this section; and

(2) Appointed by the county board after agreement on contract terms negotiated by the chair of the county board.

(c) Selection process. --

(1) The County Executive shall select a Chief Executive Officer from a list of three nominees recommended by a search committee that is comprised of:

(i) One member of the State Board, appointed by the State Superintendent; and

(ii) Two residents of Prince George's County, appointed by the Governor.

(2) The search committee shall be chaired by a member selected by the State Superintendent.

(d) Term. --

(1) The term of the Chief Executive Officer is 4 years beginning on July 1.

(2) The Chief Executive Officer continues to serve until a successor is appointed and qualifies.

(3) By February 1 of the year in which a term ends, the Chief Executive Officer shall notify the County Executive and the county board if the Chief Executive Officer is a candidate for reappointment.

(4) (i) In the year a term begins, the County Executive shall select a Chief Executive Officer between February 1 and June 1, and the county board shall complete the appointment on or before June 30.

(ii) If the County Executive decides to select the incumbent Chief Executive Officer, the county board shall complete the reappointment no later than March 1 of that year.

(5) If the county board is unable to appoint a Chief Executive Officer by July 1 of the year a term begins, the provisions of subsection (f) of this section apply.

(e) Qualifications. --

(1) An individual may not be appointed as Chief Executive Officer unless the individual:

(i) Is eligible to be issued a certificate for the office by the State Superintendent;

(ii) Has graduated from an accredited college or university; and

(iii) Has completed 2 years of graduate work at an accredited college or university, including public school administration, supervision, and methods of teaching.

(2) The appointment of the Chief Executive Officer is not valid unless approved in writing by the State Superintendent.

(3) If the State Superintendent disapproves an appointment, the State Superintendent shall give the reasons for disapproval in writing to the county board and the County Executive.

(f) Vacancies. -- If a vacancy occurs in the office of Chief Executive Officer, the County Executive shall select and the county board shall appoint an interim Chief Executive Officer to serve until July 1 after the appointment.

(g) Suspension. -- On notification of pending criminal charges against the Chief Executive Officer as provided under § 4-206 of this subtitle, the county board may suspend the Chief Executive Officer with pay until the final disposition of the criminal charges.