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<section article="ged" article_name="Education" number="3-501" title_number="3" title_name="Establishment of County Boards of Education" subtitle_number="5" subtitle_name="Charles County">
  <level label="a">
    <level label="1">
      <text>The Charles County Board consists of:</text>
      <level label="i">
        <text>Nine elected members; and</text>
      </level>
      <level label="ii">
        <text>One student member.</text>
      </level>
    </level>
    <level label="2">
      <text>Of the nine elected members:</text>
      <level label="i">
        <text>Two members shall:</text>
        <level label="1">
          <text>Be elected from each of the four county commissioner districts;</text>
        </level>
        <level label="2">
          <text>Be a resident of the county commissioner district from which the member is elected; and</text>
        </level>
        <level label="3">
          <text>Be elected only by the voters of that county commissioner district; and</text>
        </level>
      </level>
      <level label="ii">
        <text>One member shall be elected from the county at–large.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>As applicable for that county commissioner district, at the general election the ballot shall provide the voter with the choice to cast a vote “For” a candidate for election from that county commissioner district.</text>
    </level>
    <level label="2">
      <text>After the election results are certified, the State Board of Elections shall declare for each county commissioner district whether a candidate has been elected.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>An individual elected to the county board shall be:</text>
      <level label="i">
        <text>At least 21 years old; and</text>
      </level>
      <level label="ii">
        <text>A resident and registered voter of Charles County for at least 3 years.</text>
      </level>
    </level>
    <level label="2">
      <text>An elected member shall forfeit the office if the member:</text>
      <level label="i">
        <text>Fails to reside in the county commissioner district from which the member was elected, unless this change is caused by a change in boundaries of the district;</text>
      </level>
      <level label="ii">
        <text>Fails to be a resident of the county; or</text>
      </level>
      <level label="iii">
        <text>Fails to be a registered voter of the county.</text>
      </level>
    </level>
    <level label="3">
      <text>An individual employed by or under the direction of the county board or the county superintendent is not eligible to serve on the county board.</text>
    </level>
  </level>
  <level label="d">
    <text>All elected members of the Charles County Board shall be elected at a general election as required by subsection (e) of this section.</text>
  </level>
  <level label="e">
    <level label="1">
      <level label="i">
        <text>Subject to paragraph (2) of this subsection, each elected member serves for a term of 4 years beginning on the third Monday in December after the general election and until a successor is elected and qualifies.</text>
      </level>
      <level label="ii">
        <text>If the third Monday in December is a legal holiday, the term begins on the first day after the third Monday in December that is not a legal holiday.</text>
      </level>
    </level>
    <level label="2">
      <text>The terms of members, beginning with members elected at the general election in November 2022, are staggered as required by the terms provided for elected members of the county board on July 1, 2021.</text>
    </level>
    <level label="3">
      <text>An elected member may not serve for more than two consecutive terms.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, within 90 days after a vacancy occurs on the county board, the elected members of the county board shall select a qualified individual to fill the vacancy on the board for the remainder of that term and until a successor is elected and qualifies.</text>
      </level>
      <level label="ii">
        <text>The county board may choose not to fill a vacancy that occurs in an election year for the seat that is vacant.</text>
      </level>
    </level>
    <level label="2">
      <text>An individual appointed to fill a vacancy of an elected member shall be a resident of the same county commissioner district as that of the vacating member.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>An interview of an applicant for a vacancy on the board shall be conducted by the board at a meeting open to the public.</text>
      </level>
      <level label="ii">
        <text>The board shall make publicly available through its website:</text>
        <level label="1">
          <text>Live video streaming of each public meeting under this paragraph; and</text>
        </level>
        <level label="2">
          <text>A complete video recording of each public meeting that is livestreamed in accordance with this paragraph and the Open Meetings Act.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>The board shall publish a list of the names of the applicants for a vacancy on the board at least 2 weeks before the interview of the first applicant is scheduled to occur.</text>
      </level>
      <level label="ii">
        <text>Public notice of the date, time, and location of each interview shall be published:</text>
        <level label="1">
          <text>At least 2 weeks before the interview is scheduled to occur; and</text>
        </level>
        <level label="2">
          <text>In the same manner as a public notice of a regular meeting of the board is published.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>The board is not required to conduct discussions of the applicants or make the final selection of the member to fill a vacancy of the elected member at a meeting open to the public.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>With the approval of the Governor, the State Board may remove an elected 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 an elected member, the State Board shall send the elected member a copy of the charges pending and give the elected member an opportunity within 10 days to request a hearing.</text>
    </level>
    <level label="3">
      <text>If the elected member requests a hearing within the 10–day period:</text>
      <level label="i">
        <text>The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the elected member a notice of the hearing; and</text>
      </level>
      <level label="ii">
        <text>The elected member shall have an opportunity to be heard publicly before the State Board in the elected member’s own defense, in person or by counsel.</text>
      </level>
    </level>
    <level label="4">
      <text>An elected member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Charles County.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The student member of the Charles County Board shall be an 11th or 12th grade student in the Charles County Public School System.</text>
    </level>
    <level label="2">
      <text>The student member, and an alternate, shall be selected by the Charles County Association of Student Councils.</text>
    </level>
    <level label="3">
      <text>The term of the student member shall be 1 year.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>The student member shall be a voting member of the board.</text>
      </level>
      <level label="ii">
        <text>The student member may vote on all matters before the board except those relating to:</text>
        <level label="1">
          <text>Hearings on appeals of special education placements;</text>
        </level>
        <level label="2">
          <text>Hearings held under §§ 4–205 and 7–305 of this article;</text>
        </level>
        <level label="3">
          <text>Personnel matters, including those under §§ 6–201 and 6–202 of this article;</text>
        </level>
        <level label="4">
          <text>Appointment, salary, and evaluation of the county superintendent;</text>
        </level>
        <level label="5">
          <text>Collective bargaining decisions;</text>
        </level>
        <level label="6">
          <text>Capital and operating budgets; and</text>
        </level>
        <level label="7">
          <text>School closings, openings, and boundaries.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to any matter for which the student member may not vote.</text>
    </level>
    <level label="6">
      <text>On a majority vote of the elected members, the county board may determine, on a case–by–case basis, whether a matter under consideration is covered by the exclusionary provisions listed in paragraph (4) of this subsection.</text>
    </level>
    <level label="7">
      <text>The State Board may remove the student member from the county board in the same manner as an elected member.</text>
    </level>
  </level>
</section>
