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<section article="ged" article_name="Education" number="3-5B-01" title_number="3" title_name="Establishment of County Boards of Education" subtitle_number="5B" subtitle_name="Frederick County">
  <level label="a">
    <text>The Frederick County Board consists of eight members as follows:</text>
    <level label="1">
      <text>Seven members elected from the county at large; and</text>
    </level>
    <level label="2">
      <text>One nonvoting student member.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A candidate elected to the county board shall be a resident and registered voter of Frederick County.</text>
    </level>
    <level label="2">
      <text>Any member who no longer resides in the county may not continue as a member of the board.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A voting member serves for a term of 4 years beginning the first Tuesday in December after the member’s election and until a successor is elected and qualifies.</text>
    </level>
    <level label="2">
      <text>Voting members of the Frederick County Board shall be elected as follows:</text>
      <level label="i">
        <text>Three members of the county board shall be elected in the November general election of 2000 and every 4 years thereafter; and</text>
      </level>
      <level label="ii">
        <text>Four members of the county board shall be elected in the November general election of 2002 and every 4 years thereafter.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>The terms of voting members are staggered as provided in subsection (c) of this section.</text>
    </level>
    <level label="2">
      <text>If there is a vacancy by an elected member of the county board occurring 30 days or less before the candidate registration deadline for the next primary election, the County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to fill the vacancy on the county board for the remainder of that term and until a successor is elected in accordance with paragraph (4)(i) of this subsection and qualifies.</text>
    </level>
    <level label="3">
      <text>If there is a vacancy by an elected member of the county board occurring more than 30 days before the candidate registration deadline for the next primary election following the vacating member’s election:</text>
      <level label="i">
        <text>The County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to temporarily fill the vacancy on the county board who shall serve until a qualified individual is elected in accordance with paragraph (4)(ii) of this subsection; and</text>
      </level>
      <level label="ii">
        <text>The individual elected under item (i) of this paragraph shall serve for the remainder of that term until a successor is elected and qualifies.</text>
      </level>
    </level>
    <level label="4">
      <text>At a general election, vacancies shall be filled as follows:</text>
      <level label="i">
        <text>The candidates with the highest vote totals shall first fill any vacant positions for a full term of 4 years; and</text>
      </level>
      <level label="ii">
        <text>After all vacant positions for a full term of 4 years are filled, the candidate with the next highest vote total shall fill the position for which a successor was appointed under paragraph (3) of this subsection and serve the remainder of that term.</text>
      </level>
    </level>
    <level label="5">
      <text>Candidates for a vacated office may be nominated at a primary election in the same manner as any other position on the county board.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The student member shall:</text>
      <level label="i">
        <text>Be an eleventh or twelfth grade student in the Frederick County public school system elected by the high school students of the county in accordance with procedures established by the school system;</text>
      </level>
      <level label="ii">
        <text>Serve for 1 year beginning on July 1 after the election of the member;</text>
      </level>
      <level label="iii">
        <text>Be a nonvoting member; and</text>
      </level>
      <level label="iv">
        <text>Advise the county board on the thoughts and feelings of students.</text>
      </level>
    </level>
    <level label="2">
      <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.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The State Board may remove a voting 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 voting member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.</text>
    </level>
    <level label="3">
      <text>If the voting 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 voting member a notice of the hearing; and</text>
      </level>
      <level label="ii">
        <text>The voting 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 voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Frederick County.</text>
    </level>
  </level>
</section>
