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<section article="ged" article_name="Education" number="3-701" title_number="3" title_name="Establishment of County Boards of Education" subtitle_number="7" subtitle_name="Howard County">
  <level label="a">
    <level label="1">
      <text>The Howard County Board consists of:</text>
      <level label="i">
        <text>Seven elected members; and</text>
      </level>
      <level label="ii">
        <text>One student member.</text>
      </level>
    </level>
    <level label="2">
      <text>The seven elected members shall be elected as follows:</text>
      <level label="i">
        <text>One member from each of the five councilmanic districts in the county, elected by the voters of that district; and</text>
      </level>
      <level label="ii">
        <text>Two members at large, elected by the voters of the county.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A candidate who becomes an elected member of the county board shall be a resident and registered voter of Howard County.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Any elected member who no longer resides in Howard County may not continue as a member of the board.</text>
      </level>
      <level label="ii">
        <text>Any member elected from a councilmanic district who no longer resides in that district may not continue as a member of the board.</text>
      </level>
    </level>
    <level label="3">
      <text>If the boundary line of a Howard County Council District is changed, the term of an incumbent member of the county board who no longer resides in that councilmanic district because of the change is not affected during this term.</text>
    </level>
  </level>
  <level label="c">
    <text>The seven elected members of the Howard County Board shall be elected:</text>
    <level label="1">
      <text>Beginning in 2020, at the general election every 2 years as required by subsection (d) of this section; and</text>
    </level>
    <level label="2">
      <text>As specified in subsection (a) of this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>The terms of the elected members are staggered as provided in this subsection.</text>
      </level>
      <level label="ii">
        <text>Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <level label="1">
          <text>The term of office of each member elected from a councilmanic district, beginning at the 2020 election, is 4 years.</text>
        </level>
        <level label="2">
          <text>The term of office of each member elected at large, beginning at the 2022 election, is 4 years.</text>
        </level>
      </level>
      <level label="ii">
        <text>The successors to the offices elected at the 2020 and 2022 elections, respectively, shall serve for a term of 4 years.</text>
      </level>
    </level>
    <level label="3">
      <text>Except as provided in paragraph (4) of this subsection and subject to the confirmation of the County Council, the County Executive of Howard County shall appoint a qualified individual to fill any vacancy for an elected member on the county board for the remainder of that term and until a successor is appointed and qualifies.</text>
    </level>
    <level label="4">
      <text>If a vacancy for an elected member occurs before the date that is 1 year following the date of the member’s election, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at 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>The candidate receiving the vacated position shall take office on the first Monday in December 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="7">
      <text>Except as provided in this subsection, an election to fill a vacancy on the Howard County Board of Education shall be governed by §§ 8–801 through 8–806 of the Election Law Article.</text>
    </level>
  </level>
  <level label="e">
    <text>When making an appointment to the county board, the County Executive of Howard County shall endeavor to ensure that the county board reflects the race, gender, and ethnic diversity of the population of Howard County.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>The student member shall be a bona fide resident of Howard County and a regularly enrolled junior or senior year student from a Howard County public high school.</text>
    </level>
    <level label="2">
      <text>The student member shall serve for a term of 1 year beginning on July 1 after the member’s election, subject to confirmation of the election results by the county board.</text>
    </level>
    <level label="3">
      <text>The nomination and election process for the student member:</text>
      <level label="i">
        <text>Shall be approved by the Howard County Board of Education;</text>
      </level>
      <level label="ii">
        <text>Shall include a provision that provides for the replacement of one or both of the final candidates if one or both of them are unable, ineligible, or disqualified to proceed in the election; and</text>
      </level>
      <level label="iii">
        <text>Shall allow for any student in grades 6 through 11 enrolled in a Howard County public school to vote directly for one of the two student member candidates.</text>
      </level>
    </level>
    <level label="4">
      <text>The student member candidate who receives the second highest number of votes in the direct election:</text>
      <level label="i">
        <text>Shall become the alternate student member; and</text>
      </level>
      <level label="ii">
        <text>Shall serve if the student member who is elected is unable, ineligible, or disqualified to complete the student member’s term of office.</text>
      </level>
    </level>
    <level label="5">
      <text>Except as provided in paragraphs (6) and (7) of this subsection, the student member has the same rights and privileges as an elected member.</text>
    </level>
    <level label="6">
      <text>Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend a closed session addressing a matter on which a student member is prohibited from voting under paragraph (7) of this subsection.</text>
    </level>
    <level label="7">
      <text>The student member shall vote on all matters except those relating to:</text>
      <level label="i">
        <text>Employment of architects under § 4–117 of this article;</text>
      </level>
      <level label="ii">
        <text>Appointment and salary of a county superintendent under §§ 4–201 and 4–202 of this article;</text>
      </level>
      <level label="iii">
        <text>Employee discipline and other appeals under § 4–205(c) of this article;</text>
      </level>
      <level label="iv">
        <text>Appointment and promotion of staff under § 6–201 of this article;</text>
      </level>
      <level label="v">
        <text>Discipline of certificated staff under § 6–202 of this article;</text>
      </level>
      <level label="vi">
        <text>Collective bargaining for certificated employees under Title 6, Subtitle 4 of this article; and</text>
      </level>
      <level label="vii">
        <text>Collective bargaining for noncertificated employees under Title 6, Subtitle 5 of this article.</text>
      </level>
    </level>
    <level label="8">
      <text>The student member may not receive compensation but, after submitting expense vouchers, shall be reimbursed for out–of–pocket expenses incurred in connection with official duties, in accordance with the procedures and regulations established by the county board.</text>
    </level>
  </level>
  <level label="g">
    <text>Passage of a motion by the county board requires the affirmative vote of:</text>
    <level label="1">
      <text>Five members if the student member is authorized to vote; or</text>
    </level>
    <level label="2">
      <text>Four members if the student member is not authorized to vote.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The State Board may remove a 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 against the member 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 Howard County.</text>
    </level>
  </level>
</section>
