Plain Text Law

Chapter 01. General Provisions

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Regulation .01 Applicability.Copy Citation

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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.Copy Citation

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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.Copy Citation

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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 annotations
Authority: General Provisions Article, §5-206 and Title 5, Subtitle 8, Annotated Code of Maryland
History: Effective date: October 24, 1983 (10:21 Md. R. 1903)
History: Regulation .03B amended effective April 13, 1992 (19:7 Md. R. 746)
History: Regulations .01—.04 repealed and new Regulations .01—.03 adopted effective April 18, 2011 (38:8 Md. R. 509)
History: Regulation .02B amended effective December 7, 2017 (44:24 Md. R. 1151); February 7, 2022 (49:3 Md. R. 138)