# Education (GED) ## Title 3. Establishment of County Boards of Education ### Subtitle 1. General Provisions #### Section 3-101 This title applies to all county boards including Baltimore City. #### Section 3-102 The geographical boundary of each county school system is the same as the geographical boundary of the county. #### Section 3-103 There is a county board of education for each county school system. #### Section 3-104 (a) Each county board is a body politic and corporate by the name of the Board of Education of ........... County. (b) A county board: (1) Has perpetual existence; (2) May sue and be sued; and (3) May have, use, alter, or abandon a common seal. #### Section 3-105 (a) Subsections (b), (c), and (d) of this section do not apply to a county if the number of members of the county board is regulated by other provisions of this title. (b) If a county school system has an enrollment of less than 50,000 students, the county board shall have five members, except that: (1) The Worcester County Board shall have the number of members provided in subsection (e) of this section; and (2) Any county board that had more than five members on July 1, 1969, shall retain that number of members. (c) If a county school system has an enrollment of 50,000 students or more but less than 100,000 students, the county board shall have seven members. (d) If a county school system has an enrollment of 100,000 students or more, the county board shall have nine members except as provided in Sec. 3-901 of this title for Montgomery County and Sec. 3-1002 of this title for Prince George's County. (e) The Worcester County Board consists of seven voting members and one nonvoting student member from each public high school in the county. #### Section 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 Sec. 3-108.1 of this subtitle; (ii) The Harford County Board of Education in accordance with Sec. 3-6A-01 of this title; (iii) The Caroline County Board of Education in accordance with Sec. 3-3A-02 of this title; and (iv) The county boards of education in the counties listed in Sec. 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 1 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. #### Section 3-108.1 (a) (1) In this section the following words have the meanings indicated. (2) "Board" means the Baltimore City Board of School Commissioners of the Baltimore City Public School System. (3) "Mayor" means the Mayor of Baltimore City. (4) "Panel" means the Baltimore City Public School Board Community Panel. (b) (1) There is a Baltimore City Public School Board Community Panel. (2) The purpose of the panel is to select nominees to be recommended to the Mayor as qualified candidates for appointment to the board. (3) The Mayor shall convene the panel. (4) The panel may include a representative from each of the following organizations, appointed by the organization: (i) The Baltimore Teachers Union; (ii) The Mayor's Office; (iii) The Baltimore City Council Education and Youth Committee; (iv) The Baltimore City Public School Administrators and Supervisors Association; (v) The Maryland Alliance of Public Charter Schools; (vi) The Downtown Baltimore Family Alliance; (vii) The Fund for Educational Excellence; (viii) A parent member of the PTA Council of Baltimore City; (ix) The American Federation of State, County, and Municipal Employees (AFSCME); (x) The Associated Student Congress of Baltimore City; (xi) The American Civil Liberties Union; (xii) The Parent and Community Advisory Board; and (xiii) Disability Rights Maryland. (5) The Mayor may reconvene the panel if the Mayor elects not to appoint a member from the list submitted by the panel under subsection (d)(1)(i) or (i)(6) of this section. (c) There is a Baltimore City Board of School Commissioners of the Baltimore City Public School System. (d) (1) The board consists of: (i) Except as provided in paragraph (2) of this subsection, nine voting members appointed by the Mayor from a list of qualified individuals submitted to the Mayor by the panel; (ii) Two elected voting members; and (iii) One voting student member elected as provided in subsection (m) of this section. (2) If the Mayor elects not to appoint a member from a list submitted by the panel under paragraph (1)(i) of this subsection, the Mayor shall reconvene the panel to submit additional names of qualified candidates. (e) Each member of the board shall be a resident of Baltimore City. (f) The two elected voting members shall be elected at large by the voters of Baltimore City. (g) To the extent practicable, the appointed members of the board shall reflect the demographic composition of Baltimore City. (h) (1) At least four of the appointed 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. (2) At least three of the appointed voting members shall possess a high level of knowledge and expertise concerning education. (3) At least one appointed 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. (4) (i) Among the appointed voting members, at least one member shall also possess knowledge or experience in the education of children with disabilities. (ii) The knowledge or experience may be derived from being the parent of a child with a disability. (i) (1) (i) The term of an appointed voting member is 3 years. (ii) The term of an elected member is 4 years. (2) The terms of the appointed voting members are staggered as required by the terms provided for the appointed 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 elected or 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 elected or appointed and qualifies. (5) A voting member may not serve more than two consecutive full terms. (6) (i) Except as provided in subparagraph (ii) of this paragraph, to the extent practicable, the Mayor shall fill any vacancy for an appointed or elected member on the board within 60 days of the date of the vacancy from a list of qualified individuals submitted to the Mayor by the panel. (ii) If the Mayor elects not to appoint a member from a list submitted by the panel under subparagraph (i) of this paragraph, the Mayor shall reconvene the panel to submit additional names of qualified candidates. (7) The elected members of the board shall be elected: (i) At the general election in November 2022 and every 4 years thereafter; and (ii) In accordance with Title 8, Subtitle 8 of the Election Law Article. (j) (1) On the approval of the Mayor, an appointed member may be removed only for cause in accordance with Sec. 3-108 of this subtitle. (2) The State Board may remove an elected voting member for: (i) Immorality; (ii) Misconduct in office; (iii) Incompetency; or (iv) Willful neglect of duty. (k) Each member of the board serves without compensation. (l) Beginning on July 1, 1999, and every 2 years thereafter, from among its voting members the board shall elect a chairman. (m) (1) The student member shall be a student regularly enrolled in the student's junior or senior year of high school in the Baltimore City Public School System who shall be elected by the high school students of the Baltimore City Public School System, in accordance with procedures established by the board in collaboration with 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 matters before the board, including those relating to: (i) Capital and operating budgets; (ii) School closings, reopenings, and boundaries; and (iii) Student disciplinary matters. (5) The student member may not vote on matters before the board relating to personnel and collective bargaining decisions. (6) The student member may attend or participate in an executive or special session of the board. (n) 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. #### Section 3-114 (a) In the following counties, the members of the county board shall be elected: (1) Allegany; (2) Anne Arundel; (3) Calvert; (4) Carroll; (5) Cecil; (6) Charles; (7) Dorchester; (8) Frederick; (9) Garrett; (10) Howard; (11) Kent; (12) Montgomery; (13) Prince George's; (14) Queen Anne's; (15) St. Mary's; (16) Somerset; (17) Talbot; (18) Washington; (19) Wicomico; and (20) Worcester. (b) In Baltimore City, in accordance with Sec. 3-108.1 of this subtitle, the members of the Baltimore City Board of School Commissioners shall be a combination of members who are elected and appointed. (c) In Baltimore County, in accordance with Subtitle 2A of this title, the members of the county board shall be a combination of members who are elected and appointed. (d) In Caroline County, in accordance with Subtitle 3A of this title, the members of the county board shall be a combination of members who are elected and appointed. (e) In Harford County, in accordance with Subtitle 6A of this title, the members of the county board shall be a combination of members who are elected and appointed. (f) An individual subject to the authority of the county board may not serve as a member of the county board. At the time of filing a certificate of candidacy for election to a county board, a person shall certify to the local board of supervisors of elections whether or not the person is subject to the authority of the county board. The Governor may not issue a commission of election to a person who has certified affirmatively and who is elected to a county board until the member-elect offers proof that the member-elect is no longer subject to the authority of the county board. (g) The election of the county boards shall be held as provided in Subtitles 2 through 14 of this title and the Election Law Article. --- Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)