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<section article="ged" article_name="Education" number="2-202" title_number="2" title_name="State Department of Education" subtitle_number="2" subtitle_name="State Board of Education">
  <level label="a">
    <text>The State Board consists of 13 regular members, and 1 student member, appointed by the Governor with the advice and consent of the Senate.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>In making appointments to the State Board, the Governor shall consider representation from:</text>
      <level label="i">
        <text>All parts of this State; and</text>
      </level>
      <level label="ii">
        <text>Areas of this State with concentrations of population or unique needs.</text>
      </level>
    </level>
    <level label="2">
      <text>Except as provided in paragraphs (4) through (7) of this subsection, the members of the Board shall be appointed from the general public.</text>
    </level>
    <level label="3">
      <text>The following individuals may not be appointed to the Board:</text>
      <level label="i">
        <text>Except for the teacher member, a member who is an employee of a county board appointed under paragraph (5) of this subsection, and student member, any individual who is subject to the authority of the Board;</text>
      </level>
      <level label="ii">
        <text>The Governor; and</text>
      </level>
      <level label="iii">
        <text>The State Superintendent.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>Of the 13 regular members of the State Board, one regular member shall be a certified teacher who is actively teaching.</text>
      </level>
      <level label="ii">
        <text>The Governor shall appoint the teacher member, with the advice and consent of the Senate, who received the highest number of votes after an election by teachers in the State.</text>
      </level>
      <level label="iii">
        <text>The Department shall provide notice of a teacher member vacancy on the State Board to:</text>
        <level label="1">
          <text>All certified teachers who are actively teaching in the State; and</text>
        </level>
        <level label="2">
          <text>All teachers’ organizations representing teachers in the State for purposes of collective bargaining.</text>
        </level>
      </level>
      <level label="iv">
        <level label="1">
          <text>The election shall be conducted under regulations that the Department adopts.</text>
        </level>
        <level label="2">
          <text>The Department may consult with the State Retirement Agency of the Maryland State Retirement and Pension System to conduct the election required under this subparagraph.</text>
        </level>
      </level>
      <level label="v">
        <text>The teacher member may attend and participate in an executive session of the State Board.</text>
      </level>
      <level label="vi">
        <text>The teacher member may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>Of the 13 regular members of the State Board, one regular member may be an employee of a county board who is not the teacher member appointed under paragraph (4) of this subsection.</text>
      </level>
      <level label="ii">
        <text>Not more than two regular members of the State Board may be employees of a county board at any given time.</text>
      </level>
      <level label="iii">
        <text>A regular member who is an employee of a county board may not be a county superintendent.</text>
      </level>
      <level label="iv">
        <text>A regular member who is an employee of a county board may attend and participate in an executive session of the State Board.</text>
      </level>
      <level label="v">
        <text>A regular member who is an employee of a county board who is a certificated public school employee under Title 6, Subtitle 4 of this article may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article.</text>
      </level>
      <level label="vi">
        <text>A regular member who is an employee of a county board who is a noncertificated, nonsupervisory public school employee under Title 6, Subtitle 5 of this article may not vote on any appeals to the State Board of a dismissal or disciplinary action of personnel under § 4–205 of this article.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>Of the 13 regular members of the State Board, one regular member shall be the parent of a student enrolled in a public school in the State.</text>
      </level>
      <level label="ii">
        <text>The Governor shall appoint the parent member, with the advice and consent of the Senate, from a list of three qualified individuals submitted to the Governor by the Maryland PTA.</text>
      </level>
      <level label="iii">
        <text>The Department shall provide notice of the parent member vacancy on the State Board to the Maryland PTA.</text>
      </level>
      <level label="iv">
        <text>The parent member may attend and participate in an executive session of the State Board.</text>
      </level>
    </level>
    <level label="7">
      <text>The student member shall be selected by the Governor from a list of 2 persons nominated by the Maryland Association of Student Councils.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The student member shall be:</text>
      <level label="i">
        <text>A regularly enrolled student; and</text>
      </level>
      <level label="ii">
        <text>In good standing in a public high school in the State.</text>
      </level>
    </level>
    <level label="2">
      <text>The student member may attend and participate in an executive session of the Board.</text>
    </level>
    <level label="3">
      <text>The student member may not vote on any matter that relates to:</text>
      <level label="i">
        <text>The dismissal of or other disciplinary action involving personnel; or</text>
      </level>
      <level label="ii">
        <text>Appeals to the State Board under § 2–205 of this subtitle or § 4–205 or § 6–202 of this article.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Each regular member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the State Board as of July 1, 1989.</text>
    </level>
    <level label="2">
      <text>The Governor shall appoint a new member to fill any vacancy on the Board for the remainder of that term and until a successor is appointed and qualifies.</text>
    </level>
    <level label="3">
      <text>A member is eligible for reappointment but may not serve for more than two full 4–year terms.</text>
    </level>
    <level label="4">
      <text>The student member shall serve for a term of 1 year. A student member is eligible for reappointment but may not serve more than two full 1–year terms.</text>
    </level>
  </level>
</section>
