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<section article="ged" article_name="Education" number="3-1002" title_number="3" title_name="Establishment of County Boards of Education" subtitle_number="10" subtitle_name="Prince George's County">
  <level label="a">
    <text>In this subtitle, “elected member” means a member of the Prince George’s County Board elected from one of the nine school board districts described in § 3–1001 of this subtitle.</text>
  </level>
  <level label="b">
    <text>The Prince George’s County Board consists of 10 members as follows:</text>
    <level label="1">
      <text>Nine elected members, each of whom resides in a different school board district; and</text>
    </level>
    <level label="2">
      <text>One student member selected under subsection (f)(2) of this section.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>One member of the county board shall be elected from each of the nine school board districts described in § 3–1001 of this subtitle.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Each candidate shall:</text>
        <level label="1">
          <text>Be a registered voter of the county; and</text>
        </level>
        <level label="2">
          <text>Except as provided in subparagraph (ii) of this paragraph, be a resident of the school board district the candidate seeks to represent for at least 1 year before the date of the general election.</text>
        </level>
      </level>
      <level label="ii">
        <text>In an election year immediately following an approved decennial redistricting plan changing the boundaries of any school board district, the 1 year residency requirement under subparagraph (i) of this paragraph does not apply if the candidate:</text>
        <level label="1">
          <text>Is a qualified voter but no longer resides in the candidate’s former school board district due to a boundary change in the approved decennial redistricting plan;</text>
        </level>
        <level label="2">
          <text>Resided in the candidate’s former school board district for at least 1 year immediately preceding the general election; and</text>
        </level>
        <level label="3">
          <text>Resides, as of the date of the deadline for filing as a candidate for election, in the school board district specified under item 2 of this subparagraph.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>An elected member shall forfeit the office if the member:</text>
      <level label="i">
        <text>Fails to reside in the school board district from which the member was elected, unless this change is caused by a change in the boundaries of the district; or</text>
      </level>
      <level label="ii">
        <text>Fails to be a registered voter of the county.</text>
      </level>
    </level>
    <level label="4">
      <text>A member may not hold another office of profit in county government during the member’s term.</text>
    </level>
    <level label="5">
      <text>Each elected member of the county board shall be nominated by the registered voters of the member’s school board district.</text>
    </level>
  </level>
  <level label="d">
    <text>The elected members of the county board shall be elected:</text>
    <level label="1">
      <text>At the general election every 4 years; and</text>
    </level>
    <level label="2">
      <text>By the voters of the school board district that each member represents.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>If a candidate for the county board dies or withdraws the candidacy during the period beginning with the date of the primary and ending 70 days before the date of the general election, the Board of Elections shall:</text>
      <level label="i">
        <text>Replace the name of the deceased or withdrawn candidate on the ballot for the general election with the name of the candidate who received the next highest number of votes in the primary election; or</text>
      </level>
      <level label="ii">
        <text>If a contested primary was not held, reopen the filing process to allow other persons to file as candidates.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Except as otherwise provided in subparagraph (ii) of this paragraph, the Board of Elections shall add to the ballot for the general election the name of any person who files as a candidate in accordance with paragraph (1)(ii) of this subsection.</text>
      </level>
      <level label="ii">
        <text>The Board of Elections may not add additional candidates to the ballot for the general election within 70 days before the date of the election.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The student member shall be an eleventh or twelfth grade student in the Prince George’s County public school system during the student’s term in office.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>An eligible student shall file a nomination form at least 3 weeks before a special election meeting of the Prince George’s Regional Association of Student Governments.</text>
      </level>
      <level label="ii">
        <text>Nomination forms shall be made available in the administrative offices of all public senior high schools in the county, the office of student concerns, and the office of the president of the regional association.</text>
      </level>
      <level label="iii">
        <text>The delegates to the regional association annually shall elect two candidates for the student member to the board at a primary election meeting to be held each school year.</text>
      </level>
    </level>
    <level label="3">
      <text>The student member may vote on all matters before the board except those relating to:</text>
      <level label="i">
        <text>Collective bargaining decisions;</text>
      </level>
      <level label="ii">
        <text>Teacher and administrator disciplinary matters as provided under § 6–202(a) of this article; and</text>
      </level>
      <level label="iii">
        <text>Other personnel matters.</text>
      </level>
    </level>
    <level label="4">
      <text>On an affirmative vote of a majority of the elected members of the county board, the board may determine if a matter before the board relates to a subject that the student member may not vote on under paragraph (3) of this subsection.</text>
    </level>
    <level label="5">
      <text>The student member may attend an executive session of the board unless the executive session relates to:</text>
      <level label="i">
        <text>Hearings on appeals of special education placements, hearings held under § 6–202(a) of this article, or collective bargaining; or</text>
      </level>
      <level label="ii">
        <text>A personnel matter for which the student may not vote under paragraph (3) of this subsection.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>The Prince George’s Regional Association of Student Governments shall establish procedures for the election of the student member of the county board.</text>
      </level>
      <level label="ii">
        <text>The procedures established in accordance with subparagraph (i) of this paragraph shall provide for:</text>
        <level label="1">
          <text>The administration of:</text>
        </level>
        <level label="A">
          <text>A primary election each year by the Prince George’s Regional Association of Student Governments; and</text>
        </level>
        <level label="B">
          <text>A general election each year by students in 6th through 12th grade in the Prince George’s County public school system; and</text>
        </level>
        <level label="2">
          <text>Notification to the County Superintendent of candidates selected by the Prince George’s Regional Association of Student Governments after each annual primary election.</text>
        </level>
      </level>
    </level>
    <level label="7">
      <text>For the general election held under this subsection, the Prince George’s County public school system shall:</text>
      <level label="i">
        <text>Provide equal campaign funds to the candidates for the student member of the board; and</text>
      </level>
      <level label="ii">
        <text>Educate the students described under paragraph (6)(ii)1B of this subsection on the voting process before each general election.</text>
      </level>
    </level>
    <level label="8">
      <text>The election procedures established by the Prince George’s Regional Association of Student Governments are subject to the approval of the elected members of the county board.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>An elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until the member’s successor is elected and qualifies.</text>
    </level>
    <level label="2">
      <text>Unless otherwise disqualified under this section, an elected member of the county board is eligible for reelection.</text>
    </level>
    <level label="3">
      <text>The student member serves for a term of 1 year beginning at the end of a school year.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, if a seat held by an elected member of the county board becomes vacant, the County Executive shall:</text>
        <level label="1">
          <text>Appoint a qualified individual to fill the seat for the remainder of the term; and</text>
        </level>
        <level label="2">
          <text>Transmit the name of the appointee to the clerk of the County Council.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the County Council does not disapprove an appointment under subparagraph (i) of this paragraph by a two–thirds vote of all members of the County Council within 45 days after the transmittal of the name of the appointee, the appointment shall be considered approved.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The State Board may remove a member of the county board for any of the following reasons:</text>
      <level label="i">
        <text>Immorality;</text>
      </level>
      <level label="ii">
        <text>Misconduct in office;</text>
      </level>
      <level label="iii">
        <text>Incompetency; or</text>
      </level>
      <level label="iv">
        <text>Willful neglect of duty.</text>
      </level>
    </level>
    <level label="2">
      <text>Before removing a member, the State Board shall send the member a copy of the charges pending and give the member an opportunity within 10 days to request a hearing.</text>
    </level>
    <level label="3">
      <text>If the member requests a hearing within the 10–day period:</text>
      <level label="i">
        <text>The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and</text>
      </level>
      <level label="ii">
        <text>The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.</text>
      </level>
    </level>
    <level label="4">
      <text>A member removed under this subsection has the right to judicial review of the removal by the Circuit Court for Prince George’s County based on an administrative record and such additional evidence as would be authorized by § 10–222(f) and (g) of the State Government Article.</text>
    </level>
  </level>
  <level label="i">
    <text>While serving on the county board, a member may not be a candidate for a public office other than a position on the county board.</text>
  </level>
</section>
