# COMAR Title 19A — State Ethics Commission ## Subtitle 05 — Board of Education Ethics Regulations ### Chapter 01 — General Provisions **Authority:** General Provisions Article, §5-206 and Title 5, Subtitle 8, Annotated Code of Maryland **Administrative History:** Effective date: October 24, 1983 (10:21 Md. R. 1903) **Administrative History:** Regulation .03B amended effective April 13, 1992 (19:7 Md. R. 746) **Administrative History:** Regulations .01—.04 repealed and new Regulations .01—.03 adopted effective April 18, 2011 (38:8 Md. R. 509) **Administrative History:** Regulation .02B amended effective December 7, 2017 (44:24 Md. R. 1151); February 7, 2022 (49:3 Md. R. 138) #### Regulation .01 Applicability. *COMAR 19A.05.01.01* This subtitle applies to each board of education in each county of the State and to the Baltimore City Board of School Commissioners. #### Regulation .02 Definitions. *COMAR 19A.05.01.02* A. In this subtitle, the following words have the meanings indicated. B. Defined Terms. (1) “Board of education” means the local board of education of a county and includes the Baltimore City Board of School Commissioners. (2) “Candidate to be a member of the school board” means a person who has filed for election to an elected school board. (3) “County” includes Baltimore City. (4) “Designated second home” means: (a) If an individual owns one second home, the individual’s second home; or (b) If an individual owns more than one second home, any one second home the individual identifies to the Commission as the individual’s designated second home. (5) “Home address” means the address of an individual’s: (a) Principal home; and (b) Designated second home, if any. (6) “Member of the school board” means an elected or appointed member of a board of education. (7) “Principal home” means the sole residential property that an individual occupies as the individual’s primary residence, whether owned or rented by the individual. (8) “Quasi-governmental entity” means an entity that is created by State statute, that performs a public function, and that is supported in whole or in part by the State but is managed privately. (9) “School employee” means an employee of the board of education or the county school system. (10) School Official. (a) “School official” means an employee or other official of the board of education or the school system. (b) “School official” does not include a member of the school board. (11) “School system” means the educational system under the authority of a board of education. (12) “Second home” means a residential property that: (a) An individual occupies for some portion of the filing year; and (b) Is not a rental property or a time share. #### Regulation .03 General Requirements. *COMAR 19A.05.01.03* A. Conflicts of Interest and Financial Disclosure Regulations — Required for Members of and Candidates for School Board. (1) A board of education shall adopt conflict of interest regulations applicable to members of the school board. (2) A board of education shall adopt financial disclosure regulations applicable to members of the school board and, if the board is an elected board under Education Article, Title 3, Subtitle 1, Part III, Annotated Code of Maryland, to candidates to be members of the school board. (3) The regulations adopted under this section for members of the school board and candidates to be members of the school board shall be at least equivalent to the requirements for officials contained in General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland. B. Conflicts of Interest and Financial Disclosure Regulations for School Officials and Employees and Lobbying Disclosure Regulation — Permissible. (1) A board of education may adopt ethics regulations under this subtitle covering conflicts of interest and financial disclosure for school officials and school employees and covering lobbying disclosure similar to the Public Ethics Law. (2) If a board of education does not adopt ethics regulations that are approved by the Commission as similar to the Public Ethics Law under COMAR 19A.05.03.02, its school officials and its school employees are subject to the local ethics laws in the county in which the board is located, adopted under General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland. ### Chapter 02 — Review Criteria **Authority:** General Provisions Article, §§5-205 and 5-206 and Title 5, Subtitle 8, Annotated Code of Maryland **Administrative History:** Effective date: October 24, 1983 (10:21 Md. R. 1903) **Administrative History:** Regulation .02A amended effective April 13, 1992 (19:7 Md. R. 746) **Administrative History:** Regulation .04C amended effective April 13, 1992 (19:7 Md. R. 746) **Administrative History:** Regulations .01—.06 repealed and new Regulations .01—.06 adopted effective April 18, 2011 (38:8 Md. R. 509) **Administrative History:** Regulation .04H amended effective July 17, 2017 (44:14 Md. R. 656) **Administrative History:** Regulation .04I repealed effective January 16, 2017 (44:1 Md. R. 12) **Administrative History:** Regulation .06A amended effective January 16, 2017 (44:1 Md. R. 12) **Administrative History:** Appendix A, Section 3 amended effective July 17, 2017 (44:14 Md. R. 656) **Administrative History:** Appendix B, Section 1 amended effective July 17, 2017 (44:14 Md. R. 656) #### Regulation .01 Scope. *COMAR 19A.05.02.01* A. The provisions of this chapter reflect the minimum elements that shall be addressed by board of education regulations in order for the Commission to view the regulations as: (1) Similar or substantially similar to the Public Ethics Law; and (2) For members of the school board and candidates to be members of the school board, at least equivalent to the requirements of General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland. B. A board of education may adopt regulations more stringent than General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland, based on local circumstances and where more stringent provisions are necessary to prevent conflicts of interest in that school system. #### Regulation .02 Coverage. *COMAR 19A.05.02.02* A. To be viewed as similar to the Public Ethics Law, all members of the school board, school officials, and school employees shall be subject to the board of education’s ethics regulations. B. Conflicts of Interest. (1) A board of education’s ethics regulations shall include conflict of interest provisions for members of the school board and candidates to be members of the school board equivalent to or exceeding the requirements of the Public Ethics Law, General Provisions Article, Title 5, Subtitle 5, Annotated Code of Maryland. (2) A board of education’s ethics regulations shall include conflict of interest provisions for school officials and school employees. (3) A board of education may adopt conflict of interest provisions for school officials and school employees that are identical to the conflict of interest provisions for members of the school board. C. Financial Disclosure. (1) A board of education’s ethics regulations shall include financial disclosure provisions for members of the school board and candidates to be members of the school board equivalent to or exceeding the requirements for officials required in General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland. (2) School Officials and Employees. (a) Except as provided in §C(2)(b) of this regulation, a board of education’s ethics regulations shall include financial disclosure provisions for school officials and school employees. (b) Under General Provisions Article, §15-813(a)(2)(ii), Annotated Code of Maryland, a board of education’s financial disclosure regulations may not be applied to a classroom teacher unless the teacher is assigned other duties not normally expected of classroom teachers. (3) Except as provided in §C(2)(b) of this regulation, a board of education’s ethics regulations may include financial disclosure requirements for school officials and school employees identical to the requirements for members of the board of education. #### Regulation .03 Administration and Enforcement. *COMAR 19A.05.02.03* A board of education’s ethics regulations shall: A. Identify or establish an entity responsible for implementing the regulations; B. Within the board of education’s administrative authority, provide a mechanism to issue advisory opinions as to the applicability of the regulations to members of the school board, school officials, school employees, and other persons subject to the provisions of the regulations; C. Establish a mechanism for processing and making determinations in response to complaints alleging violations of the regulations; and D. Within the board of education’s administrative authority, include sanctions for enforcement of the substantive provisions. #### Regulation .04 Conflicts of Interest. *COMAR 19A.05.02.04* A. To be equivalent to the requirements of and similar to the Public Ethics Law, a board of education’s ethics regulations shall address conflict of interest restrictions as described in this regulation. B. Disqualification. (1) The regulations shall include, for members of the school board, the disqualification and participation restrictions included in General Provisions Article, §5-501, Annotated Code of Maryland. (2) The local law shall include a disqualification provision prohibiting a school official or school employee from participating, as a school official or school employee, in a school system matter that would have a direct economic impact, distinct from the impact on the public at large, on the school official or school employee, or that, to the knowledge of the school official or school employee would have a direct economic impact on: (a) The spouse, parent, sibling, or child of the school official or school employee; or (b) A business entity with which any of the following is affiliated: (i) The school official or school employee; or (ii) The spouse, parent, sibling, or child of the school official or employee. (3) The regulations may include: (a) A provision that allows participation when the potential conflict is disclosed and when no other school official or school employee may act; (b) A provision which allows participation when the potential conflict is disclosed and disqualification would result in lack of board quorum; or (c) Exception provisions allowing the entity implementing the law to waive the disqualification requirement when no conflict of interest exists or when the interest is too remote and insubstantial to affect the integrity of the public actions of the official or employee. C. Outside Employment. (1) The regulations shall include, for members of the school board, the secondary employment restrictions included in General Provisions Article, §§5-502, 5-503, and 5-504(a), Annotated Code of Maryland. (2) The regulations shall prohibit, for school officials and school employees, outside employment that would impair the impartiality and independent judgment of the school official or school employee. (3) The regulations may prohibit, for school officials and school employees, outside employment with an entity that: (a) Is subject to the authority of school system or board of education; or (b) Is negotiating or has entered a contract with or is a subcontractor on a contract with the school system or board of education. (4) The regulations may include provisions to allow the entity implementing the regulations to grant an exception when the outside employment would not affect the official duties of the school official or school employee. D. Financial Interest Prohibitions. (1) The regulations shall include, for members of the school board, the financial interest restrictions included in General Provisions Article, §§5-502, 5-503, and 5-504(a), Annotated Code of Maryland. (2) The regulations may prohibit, for school officials and school employees, financial interests in an entity that: (a) Is subject to the authority of the school system or board of education; or (b) Is negotiating or has entered a contract with or is a subcontractor on a contract with the school system or board of education. (3) The regulations may include provisions to allow the entity implementing the regulations to grant an exception when the financial interest would not affect the official duties or the school official or school employee. E. Post-Employment Restrictions. (1) The regulations shall include, for former members of the school board, the post-employment restrictions included in General Provisions Article, §5-504(d), Annotated Code of Maryland. (2) The regulations shall include a restriction on former school officials’ and school employees’ activities relating to cases, contracts, or other specific matters in which the former school officials or former school employees significantly participated in their school positions. F. Prestige of Office. (1) The regulations shall include, for members of the school board, the prestige of office restrictions included in General Provisions Article, §5-506, Annotated Code of Maryland. (2) The regulations shall prohibit school officials and school employees from using their official positions or public positions for their private gain or the private gain of another. G. Confidential Information. (1) The regulations shall include, for members of the school board, the restrictions on the use of confidential information included in General Provisions Article, §5-507, Annotated Code of Maryland. (2) The regulations shall prohibit school officials and school employees from using or disclosing, except in the discharge of an official duty, nonpublic information obtained in the course of official school duties for personal economic benefit or the economic benefit of another. H. Gifts. (1) The regulations shall include, for members of the school board, the gift restrictions included in General Provisions Article, §5-505, Annotated Code of Maryland. (2) The regulations shall prohibit school officials and school employees from: (a) Soliciting a gift; and (b) Directly soliciting or facilitating the solicitation of a gift, on behalf of another person, from an individual registered as a lobbyist under the regulations. (3) The regulations shall prohibit school officials and school employees from accepting gifts from persons regulated by or contracting with the school system with which the school official or school employee is affiliated. (4) The regulations shall define “gift”: (a) To include the transfer of anything of economic value, regardless of the form, without adequate and lawful consideration; and (b) To exclude a contribution as defined in Election Law Article, Annotated Code of Maryland. (5) The regulations may: (a) Include exceptions similar to the exceptions included in General Provisions Article, §5-505, Annotated Code of Maryland; and (b) Include provisions to allow the person or entity responsible for implementing the regulations to grant exceptions and exemptions from the gift acceptance prohibitions similar to the exception and exemption authority granted to the State Ethics Commission in General Provisions Article, §5-505, Annotated Code of Maryland. #### Regulation .05 Financial Disclosure. *COMAR 19A.05.02.05* A. Members of the School Board. (1) For members of the school board, the regulations shall include financial disclosure requirements that are at least equivalent to the requirements of General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland. (2) The regulations shall require: (a) A member of the school board who is appointed to fill a vacancy in an office and who has not already filed a statement for the preceding calendar year to file a financial disclosure statement for the preceding calendar year within 30 days of appointment; (b) A member of the school board who leaves office, other than by reason of death, to file a financial disclosure statement within 60 days after leaving the office for the portion of the current calendar year during which the individual held office and, if a statement has not been filed for the preceding calendar year, for the preceding calendar year; and (c) All other members of the school board to file a financial disclosure statement for the preceding calendar year on or before April 30 of each year. B. Candidates to Be Members of the School Board. (1) This section only applies to a school board that is an elected board under Education Article, Title 3, Subtitle 1, Part III, Annotated Code of Maryland. (2) The regulations shall require candidates to be members of the school board to file financial disclosure statements disclosing the same information members of the school board are required to disclose under §A of this regulation. (3) The regulations shall require that candidates to be members of the school board file required financial disclosure statements no later than the filing of the certificates of candidacy for the positions and on or before April 30 of each subsequent year until the election. C. School Officials and School Employees. (1) Except as provided in COMAR 19A.05.02.02C(2)(b), the regulations shall require school officials and school employees who, acting alone or as members or employees of a local entity, have decision making authority or act as principal advisors to a person with that authority in making school system or school board policy or exercising quasi-judicial, regulatory, licensing, inspecting, or auditing functions: (a) To file an annual statement, on or before a date established in the regulations, disclosing gifts received from entities contracting with or regulated by the school board or school system; and (b) To file a statement disclosing interests that raise conflicts of interest or potential conflicts of interest in connection with a specific proposed action by the school employee or school official, sufficiently in advance of the action to provide adequate disclosure to the public. (2) Except as provided in COMAR 19A.05.02.02C(2)(b), the regulations may require school employees and school officials to file financial disclosure statements disclosing the information that members of the school board are required to disclose under §A of this regulation. D. The regulations shall provide that financial disclosure statements filed under the regulations are public records and are available for public inspection and copying. #### Regulation .06 Lobbying. *COMAR 19A.05.02.06* A. Lobbying Registration. (1) To be substantially similar to the Public Ethics Law, the regulations shall require, at a minimum, that a person register as a lobbyist with the entity responsible for implementing the regulations on the form provided by the entity if the person provides members of the school board, school officials, or school employees with food, entertainment, or other gifts exceeding an amount specified in the regulations during a period specified in the regulations in connection with efforts to influence official school board or school system actions. (2) The regulations shall require that a lobbyist registration: (a) Identify the lobbyist, the subject matters on which the lobbyist will lobby, and any other person for whom the lobbyist lobbies; and (b) Cover a defined period of time, as specified in the regulations. B. The regulations shall require periodic disclosure, including identification of recipients of food, entertainment, and gifts to members of the school board, school officials, and school employees from a lobbyist when the cumulative value of the gifts exceeds an amount specified in the regulations. C. The regulations may adopt provisions similar to the lobbying provisions of General Provisions, Title 5, Subtitle 7, Annotated Code of Maryland, including: (1) Compensation-based registration criteria; (2) A requirement to report compensation received by a lobbyist for lobbying activities; (3) Lobbying registration and reporting requirements for lobbying related to regulations and procurement; and (4) Registration requirements similar to General Provisions Article, §5-701(1), Annotated Code of Maryland. D. To be substantially similar to the Public Ethics Law, the regulations shall provide that lobbying registrations and reports are public records and are available for public inspection and copying. ### Chapter 03 — Review Procedures **Authority:** General Provisions Article, §§5-811—5-820, Annotated Code of Maryland **Administrative History:** Effective date: October 24, 1983 (10:21 Md. R. 1903) **Administrative History:** Regulations .01—.03 repealed and new Regulations .01—.02 adopted effective April 18, 2011 (38:8 Md. R. 509) **Administrative History:** Regulation .01 amended effective February 16, 2026 (53:3 Md. R. 123) **Administrative History:** Regulation .02 amended effective May 25, 2015 (42:10 Md. R. 685) **Administrative History:** Regulation .03 adopted effective May 25, 2015 (42:10 Md. R. 685) **Administrative History:** Regulations .01—.03 repealed and new Regulations .01—.02 adopted effective April 18, 2011 (38:8 Md. R. 509) #### Regulation .01 Certification and Submission to the Commission. *COMAR 19A.05.03.01* A. On or before October 1 of each year, a board of education shall certify to the Commission on the form provided by the Commission that the Board of Education is in compliance with COMAR 19A.05.01.03 and General Provisions Article, §5-816, Annotated Code of Maryland. B. In addition to the annual certification required by §A of this regulation, a board of education shall submit promptly a copy of any ethics regulations or amendments or additions to the Commission, for the Commission’s review and approval. #### Regulation .02 Commission Review of Board of Education Regulations. *COMAR 19A.05.03.02* A. Preliminary Review by Commission. (1) A board of education may submit proposed new ethics regulations and amendments to the Commission for review prior to final adoption. (2) The Commission may provide preliminary review and comment on proposed ethics regulations and amendments to a board of education. B. The Commission shall review all enacted regulations and amendments and shall determine if the regulations or amendments meet the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland. C. In determining whether a board of education’s regulations or amendments meet the statutory requirements for members of school boards and for being similar to the Public Ethics Law, the Commission shall apply the criteria of COMAR 19A.05.02 and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland. D. Disapproval by Commission. (1) The Commission may disapprove a regulation or amendment adopted by a board of education: (a) Within 60 days of submission by the board to the Commission; and (b) Only if the Commission finds that the regulation or amendment is not in substantial compliance with this subtitle or General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland. (2) If the Commission determines that a board of education’s regulations or amendments do not meet the requirements of this subtitle or General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland, the Commission promptly shall notify the board of education of the determination, and Commission staff shall assist the board of education in developing regulations that comply with these requirements. E. If the Commission does not disapprove a regulation or amendments to a regulation as provided in §D of this regulation, the regulation or amendment is deemed to have been approved. F. Regulations and amendments adopted under this subtitle and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland, become effective 60 days after submission to the Commission unless the Commission disapproves the regulations as provided in §D of this regulation. #### Regulation .03 Enforcement. *COMAR 19A.05.03.03* A. The Commission and its staff shall make reasonable efforts to assist a board of education in developing ethics regulations that reflect the intent of the Public Ethics Law and take account of local circumstances and needs in avoiding conflicts of interest within that jurisdiction. B. Nonconformance Remedies. (1) If the Commission determines that a board of education has not complied with and has not made good faith efforts toward compliance with the requirements of the Public Ethics Law, the Commission may issue a public notice: (a) Concerning the failure of compliance by the board of education; and (b) Listing the specific areas of noncompliance in the board of education’s proposed or adopted ethics regulations. (2) If the Commission determines that a board of education has not complied with the requirements of the Public Ethics Law, the Commission may: (a) Issue an order providing that officials and employees of the board of education are subject to the ethics laws of the county in which the board of education is located; and (b) Seek appropriate relief in a court exercising equity jurisdiction in the county or city having proper venue for the purposes of requiring compliance with the Public Ethics Law. (3) A court may grant any available equitable relief, including imposition of model regulations developed by the Commission on the board of education. ### Chapter 04 — Model Regulations **Authority:** General Provisions Article, §§5-205 and 5-206, and Title 5, Subtitle 8, Annotated Code of Maryland **Administrative History:** Effective date: April 18, 2011 (38:8 Md. R. 509) **Administrative History:** Regulations .01—.02 repealed and new Regulations .01 and .02 adopted effective May 25, 2015 (42:10 Md. R. 685) #### Regulation .01 Model Regulations. *COMAR 19A.05.04.01* The model board of education ethics regulations in Appendices A and B to this subtitle are established as alternative model provisions developed by the Commission under General Provisions Article, §5-205, Annotated Code of Maryland. #### Regulation .02 Effect of Models. *COMAR 19A.05.04.02* A. Status. (1) The model board of education ethics regulations in Appendices A and B to this subtitle are informational and examples only. (2) The Commission shall determine whether a board of education’s ethics regulations comply with the requirements of General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland, based on the criteria and guidelines set forth in COMAR 19A.05.02 and the Public Ethics Law. B. Compliance with Public Ethics Law Requirements. (1) The model regulations in Appendices A and B comply with the requirements of General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland. (2) The model conflict of interest and financial disclosure provisions for members of the school board in Appendices A and B are equivalent to the requirements of General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland. C. Applicability. (1) The model regulations in Appendix A may be viewed as a guide for boards of education located in larger counties. (2) The model regulations in Appendix B may be viewed as a guide for boards of education located in smaller counties.