Subject to paragraph (2) of this subsection, the county board shall employ individuals in the positions that the county board considers necessary for the operation of the public schools in the county. In Prince George’s County, the County Superintendent of the Prince George’s County public school system shall hire and set the salaries of a chief operating officer, a chief financial officer, a chief academic officer, a chief of staff, a board liaison, and any other necessary executive staff in the office of the County Superintendent. Except as provided in subsection (a) of this section and Subtitle 10 of this title, the county superintendent shall nominate for appointment by the county board: All professional assistants of the office of county superintendent; and All principals, teachers, and other certificated personnel. As to these personnel, the county superintendent shall: Assign them to their positions in the schools; Transfer them as the needs of the schools require; Recommend them for promotion; and Suspend them for cause and recommend them for dismissal in accordance with § 6–202 of this subtitle. Except in Worcester County and Baltimore City, the county superintendent shall appoint clerical and other nonprofessional personnel. In Worcester County, the County Superintendent shall appoint clerical and other nonprofessional personnel with the advice and consent of the county board. Notwithstanding any provision of local law, in Baltimore City, the appointment, tenure, and compensation of clerical and other nonprofessional personnel shall be determined in accordance with the personnel system established by the Baltimore City Board of School Commissioners under § 4–311 of this article. Supervisory and administrative personnel shall be appointed in each county in accordance with ratios established by the rules and regulations of the State Board and within the ratio established under § 2–205(m) of this article. These personnel shall include: Supervising or helping teachers; Supervisors of pupil personnel I; Supervisors of pupil personnel II; and Visiting teachers. An individual may not be appointed as a professional assistant or to any position listed in subsection (d) of this section unless he holds the appropriate certificate from the State Superintendent issued in accordance with the rules and regulations of the State Board. Subject to the provisions of this article, the qualifications, tenure, and compensation of each appointee shall be determined by the county board. The county superintendent shall see that each regular appointee of the county board devotes his entire time to his duties.

The Department shall: Develop an informational form that lists and explains the various paths that can be taken in order to obtain certification and tenure in the State; and Post the form on its website.

On the recommendation of the county superintendent, a county board may suspend or dismiss a teacher, principal, supervisor, assistant superintendent, or other professional assistant for: Immorality; Misconduct in office, including knowingly failing to report suspected child abuse in violation of § 5–704 of the Family Law Article; Insubordination; Incompetency; or Willful neglect of duty. Before removing an individual, the county board shall send the individual a copy of the charges against the individual and give the individual an opportunity within 10 days to request: A hearing before the county board; or A hearing before an arbitrator in accordance with paragraph (5) of this subsection. If an individual’s request does not specify that the hearing be before an arbitrator, the request shall be considered a request for a hearing before the county board. If the individual requests a hearing before the county board within the 10–day period: The county board promptly shall hold a hearing, but a hearing may not be set within 10 days after the county board sends the individual a notice of the hearing; and The individual shall have an opportunity to be heard before the county board, in person or by counsel, and to bring witnesses to the hearing. The individual may appeal from the decision of the county board to the State Board. If the individual or the individual’s representative requests a hearing before an arbitrator within the 10–day period, the hearing shall be conducted in accordance with this paragraph. An arbitrator shall be selected as provided in this subparagraph. If the superintendent and the individual or the individual’s representative agree on an arbitrator, the arbitrator shall be chosen by mutual agreement of the parties. If the superintendent and the individual or the individual’s representative cannot agree on an arbitrator: The county board shall request from the American Arbitration Association a list of the arbitrators that are available to hear this type of dispute and make a decision in a timely manner; and The parties shall alternately strike arbitrators from the list. The rules of labor arbitration shall apply. A stenographic record shall be made of the proceedings before the arbitrator. The arbitrator shall determine whether the county board has sufficient cause for suspension or dismissal of the individual. A lesser penalty than dismissal may be imposed by the arbitrator only to the extent that either party proposes the lesser penalty in the proceeding. In making a decision, the arbitration proceeding is governed by this subtitle and by the collective bargaining agreement applicable to the individual. Except as provided in subparagraph (viii) of this paragraph, the county board shall pay the full cost and expenses of the arbitration, including: The American Arbitration Association’s administrative fees; The full cost of the stenography and transcription services; Reasonable expenses for required travel; Reasonable fees and expenses incurred or charged by the arbitrator; and Reasonable expenses associated with any witness or evidence produced at the request of the arbitrator. The superintendent and the individual shall pay their own respective costs and expenses associated with any witness or evidence produced by them. If the arbitrator determines that the county board had sufficient cause to suspend or dismiss the individual, then the individual shall pay 50% of the fees and expenses incurred or charged by the arbitrator and the administrative fees, if any, of the American Arbitration Association. The decision and award by the arbitrator are final and binding on the parties. An individual may request judicial review by a circuit court, which shall be governed by the Maryland Uniform Arbitration Act. Notwithstanding any provision of local law, in Baltimore City the suspension and removal of assistant superintendents and higher levels shall be as provided by the personnel system established by the Baltimore City Board of School Commissioners under § 4–311 of this article. Except as provided in paragraph (3) of this subsection, the probationary period of employment of a certificated employee in a local school system shall cover a period of 3 years from the date of employment and shall consist of a 1–year employment contract that may be renewed by the county board. A county board shall evaluate annually a nontenured certificated employee based on established performance evaluation criteria. Subject to subparagraph (iii) of this paragraph, if the nontenured certificated employee is not on track to qualify for tenure at any formal evaluation point: A mentor promptly shall be assigned to the employee to provide the employee comprehensive guidance and instruction; and Additional professional development shall be provided to the employee, as appropriate. Nothing in this paragraph shall be construed to prohibit a county board from assigning a mentor at any time during a nontenured certificated employee’s employment. Subject to subparagraph (ii) of this paragraph, if a certificated employee has achieved tenure in a local school system in the State and moves to another local school system in the State, that employee shall be tenured if the employee’s contract is renewed after 1 year of probationary employment in the local school system to which the employee relocated if: The employee’s final evaluation in the local school system from which the employee departed is satisfactory or better; and There has been no break in the employee’s service between the two systems of longer than 1 year. A local school system may extend the probationary period for a certificated employee subject to subparagraph (i) of this paragraph for a second year from the date of employment if: The employee does not qualify for tenure at the end of the first year based on established performance evaluation criteria; and The employee demonstrates a strong potential for improvement. The State Board shall adopt regulations that implement the provisions of paragraphs (1) and (2) of this subsection and define the scope of a mentoring program and professional development that will be aligned with the 3–year probationary period. The State Board shall adopt regulations to establish standards for effective mentoring, including provisions to ensure that mentors provide mentoring that: Is focused; Is systematic; Is ongoing; Is of high quality; Is geared to the needs of each employee being mentored; Includes observations; and Includes feedback. In this subsection, “student growth” means student progress assessed by multiple measures and from a clearly articulated baseline to one or more points in time. Subject to subparagraph (iii) of this paragraph, the State Board shall adopt regulations that establish general standards for performance evaluations for certificated teachers and principals that include observations, clear standards, rigor, and claims and evidence of observed instruction. The regulations adopted under subparagraph (i) of this paragraph shall include default model performance evaluation criteria. Before the proposal of the regulations required under this paragraph, the State Board shall solicit information and recommendations from each local school system and convene a meeting wherein this information and these recommendations are discussed and considered. Subject to paragraph (6) of this subsection: A county board shall establish performance evaluation criteria for certificated teachers and principals in the local school system based on the general standards adopted under paragraph (2) of this subsection that are mutually agreed on by the local school system and the exclusive employee representative. Nothing in this paragraph shall be construed to require mutual agreement under subparagraph (i) of this paragraph to be governed by Subtitles 4 and 5 of this title. Subject to paragraph (7) of this subsection, the performance evaluation criteria developed under paragraph (3) of this subsection: Shall include data on student growth as a significant component of the evaluation and as one of multiple measures; and May not be based solely on an existing or newly created single examination or assessment. An existing or newly created single examination or assessment may be used as one of the multiple measures. No single criterion shall account for more than 35% of the total performance evaluation criteria. If a local school system and the exclusive employee representative fail to mutually agree under paragraph (3) of this subsection, the default model performance evaluation criteria adopted by the State Board under paragraph (2)(ii) of this subsection shall take effect in the local jurisdiction 6 months following the final adoption of the regulations. Any performance evaluation criteria developed under this subsection may not require student growth data based on State assessments to be used to make personnel decisions before the 2016–2017 school year.

For all proceedings before a county board under § 6–202 of this subtitle and §§ 4–205(c) and 7–305 of this article, the county board may have the proceedings heard first by a hearing examiner. Except as provided in paragraph (2) of this subsection, for proceedings before a county board under § 6–202 of this subtitle, the hearing examiner shall be an attorney admitted to practice before the Supreme Court of Maryland. In Anne Arundel County, for proceedings before the Anne Arundel County Board under § 6–202 of this subtitle, the hearing examiner may, but need not, be an attorney. The hearing examiner shall be chosen by the county board. In Calvert and Charles counties, the hearing examiner may not be the attorney to the county board or be connected in any way with that attorney. In Carroll and Howard counties, the hearing examiner may not be a partner or an employee of the law firm representing the county board. The hearing examiner shall submit to the county board and appellant: A record of the proceedings and exhibits; and The hearing examiner’s findings of fact, conclusions of law, and recommendation. Parties to the proceedings before the hearing examiner may make arguments before the county board. After it reviews the record and the recommendation of the hearing examiner, the county board shall make a decision. The decision may be appealed to the State Board as provided in this article. Each county board shall adopt reasonable rules and regulations to regulate the proceedings before the hearing examiner.

For the purpose of establishing compensation rates and the basic rates for vacation and sick leave credit earnings, all professional personnel who previously were employed by a county school system or the public library system in this State and who are appointed to positions in the Department shall be given credit as employees of the Department for the years of service as employees of the county school system or public library system from which they transferred. For the purpose of establishing vacation and sick leave credit earnings, this section applies to all professional personnel employed by the Department before July 1, 1972.