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<section article="ged" article_name="Education" number="3-201" title_number="3" title_name="Establishment of County Boards of Education" subtitle_number="2" subtitle_name="Allegany County">
  <level label="a">
    <level label="1">
      <text>In this subtitle, “elected member” means a voting member elected under subsection (d) or (e) of this section or a member appointed to an elected position on the county board under subsection (e)(3) of this section.</text>
    </level>
    <level label="2">
      <text>“Elected member” does not include the nonvoting student member selected under subsection (f) of this section.</text>
    </level>
  </level>
  <level label="b">
    <text>The Allegany County Board consists of:</text>
    <level label="1">
      <text>Five elected members; and</text>
    </level>
    <level label="2">
      <text>One nonvoting student member, who is to advise the other members of the county board on the viewpoint of students who attend Allegany County public schools.</text>
    </level>
  </level>
  <level label="c">
    <text>An individual nominated for membership as an elected member on the county board shall be a qualified voter and a resident of Allegany County for at least 1 year before the election.</text>
  </level>
  <level label="d">
    <text>The elected members of the Allegany County Board shall be elected:</text>
    <level label="1">
      <text>At a general election as required by this subsection or as provided under subsection (e) of this section; and</text>
    </level>
    <level label="2">
      <text>From Allegany County at large.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Each elected member serves for a term of 4 years beginning on January 2 after the member’s election and until a successor is elected and qualifies. If January 2 is a legal holiday, the term begins on the first day after January 2 that is not a legal holiday.</text>
    </level>
    <level label="2">
      <text>The terms of elected members are staggered as required by the terms of the members serving on the county board on July 1, 1978.</text>
    </level>
    <level label="3">
      <text>Except as provided in paragraph (4) of this subsection, the Allegany County Commissioners shall appoint a qualified individual to fill any vacancy in an elected member’s position on the board for the remainder of that term and until a successor is elected and qualifies.</text>
    </level>
    <level label="4">
      <text>If a vacancy occurs before the date that is 10 days prior to the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at the time of the next general election.</text>
    </level>
    <level label="5">
      <text>Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the county board.</text>
    </level>
    <level label="6">
      <text>When more than one member of the board is to be elected at an election and the terms of the offices to be filled at the election vary, the elected candidate receiving the greater number of votes shall fill the office with the longer term.</text>
    </level>
    <level label="7">
      <text>The candidate receiving the vacated position shall take office as soon as possible after the election, and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.</text>
    </level>
    <level label="8">
      <text>Except as provided in this subsection, an election to fill a vacancy on the Allegany County Board of Education shall be governed by §§ 8–801 through 8–806 of the Election Law Article.</text>
    </level>
    <level label="9">
      <text>The Allegany County Board of Supervisors of Elections may adopt regulations to implement this subsection.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The nonvoting student member of the county board shall be:</text>
      <level label="i">
        <text>A twelfth grade student, in good standing, and regularly enrolled in an Allegany County public school;</text>
      </level>
      <level label="ii">
        <text>A resident of Allegany County for at least 2 years; and</text>
      </level>
      <level label="iii">
        <text>Of good character.</text>
      </level>
    </level>
    <level label="2">
      <text>The nonvoting student member shall be nominated and elected for a 1–year term during the school year prior to the school year that the member is to serve on the county board in accordance with procedures adopted by the Allegany County Association of Student Councils.</text>
    </level>
    <level label="3">
      <text>If a vacancy occurs in the student member’s position before the end of the term, a qualified student shall be selected for the remainder of the term in accordance with procedures of the Allegany County Association of Student Councils.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>The State Board may remove an elected member of the county board for:</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 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 a de novo review of the removal by the Circuit Court for Allegany County.</text>
    </level>
  </level>
</section>
