§ 3-108.1. Baltimore City Board of School Commissioners

MD Educ Code § 3-108.1 (2019) (N/A)
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(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Board” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(3)    “Mayor” means the Mayor of Baltimore City.

(4)    “Panel” means the Baltimore City Public School Board Community Panel.

(b)    (1)    There is a Baltimore City Public School Board Community Panel.

(2)    The purpose of the panel is to select nominees to be recommended to the Mayor as qualified candidates for appointment to the board.

(3)    The Mayor shall convene the panel.

(4)    The panel may include a representative from each of the following organizations, appointed by the organization:

(i)    The Baltimore Teachers Union;

(ii)    The Mayor’s Office;

(iii)    The Baltimore City Council Education and Youth Committee;

(iv)    The Baltimore City Public School Administrators and Supervisors Association;

(v)    The Maryland Alliance of Public Charter Schools;

(vi)    The Downtown Baltimore Family Alliance;

(vii)    The Fund for Educational Excellence;

(viii)    A parent member of the PTA Council of Baltimore City;

(ix)    The American Federation of State, County, and Municipal Employees (AFSCME);

(x)    The Associated Student Congress of Baltimore City;

(xi)    The American Civil Liberties Union;

(xii)    The Parent and Community Advisory Board; and

(xiii)    Disability Rights Maryland.

(5)    The Mayor may reconvene the panel if the Mayor elects not to appoint a member from the list submitted by the panel under subsection (d)(1)(i) or (i)(6) of this section.

(c)    There is a Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(d)    (1)    The board consists of:

(i)    Except as provided in paragraph (2) of this subsection, nine voting members appointed by the Mayor from a list of qualified individuals submitted to the Mayor by the panel;

(ii)    Two elected voting members; and

(iii)    One voting student member appointed as provided in subsection (m) of this section.

(2)    If the Mayor elects not to appoint a member from a list submitted by the panel under paragraph (1)(i) of this subsection, the Mayor shall reconvene the panel to submit additional names of qualified candidates.

(e)    Each member of the board shall be a resident of Baltimore City.

(f)    The two elected voting members shall be elected at large by the voters of Baltimore City.

(g)    To the extent practicable, the appointed members of the board shall reflect the demographic composition of Baltimore City.

(h)    (1)    At least four of the appointed voting members shall possess a high level of knowledge and expertise concerning the successful administration of a large business, nonprofit, or governmental entity and shall have served in a high level management position within such an entity.

(2)    At least three of the appointed voting members shall possess a high level of knowledge and expertise concerning education.

(3)    At least one appointed voting member shall be a parent of a student enrolled in the Baltimore City Public School System as of the date of appointment of the member.

(4)    (i)    Among the appointed voting members, at least one member shall also possess knowledge or experience in the education of children with disabilities.

(ii)    The knowledge or experience may be derived from being the parent of a child with a disability.

(i)    (1)    (i)    The term of an appointed voting member is 3 years.

(ii)    The term of an elected member is 4 years.

(2)    The terms of the appointed voting members are staggered as required by the terms provided for the appointed members of the board on June 1, 1997.

(3)    At the end of a term, a voting member continues to serve until a successor is elected or appointed and qualifies.

(4)    A voting member who is appointed after a term has begun serves only for the remainder of the term and until a successor is elected or appointed and qualifies.

(5)    A voting member may not serve more than two consecutive full terms.

(6)    (i)    Except as provided in subparagraph (ii) of this paragraph, to the extent practicable, the Mayor shall fill any vacancy for an appointed or elected member on the board within 60 days of the date of the vacancy from a list of qualified individuals submitted to the Mayor by the panel.

(ii)    If the Mayor elects not to appoint a member from a list submitted by the panel under subparagraph (i) of this paragraph, the Mayor shall reconvene the panel to submit additional names of qualified candidates.

(7)    The elected members of the board shall be elected:

(i)    At the general election in November 2022 and every 4 years thereafter; and

(ii)    In accordance with Title 8, Subtitle 8 of the Election Law Article.

(j)    (1)    On the approval of the Mayor, an appointed member may be removed only for cause in accordance with § 3–108 of this subtitle.

(2)    The State Board may remove an elected voting member for:

(i)    Immorality;

(ii)    Misconduct in office;

(iii)    Incompetency; or

(iv)    Willful neglect of duty.

(k)    Each member of the board serves without compensation.

(l)    Beginning on July 1, 1999 and every 2 years thereafter, from among its voting members the board shall elect a chairman.

(m)    (1)    The student member shall be a student enrolled in the Baltimore City Public School System who shall be selected by the Associated Student Congress of Baltimore City.

(2)    The term of a student member is 1 year.

(3)    A student member may not serve more than two consecutive full terms.

(4)    The student member may vote on all matters before the board except those relating to:

(i)    Personnel;

(ii)    Capital and operating budgets;

(iii)    School closings, reopenings, and boundaries;

(iv)    Collective bargaining decisions;

(v)    Student disciplinary matters; and

(vi)    Appeals to the board as provided under §§ 4–205 and 6–202 of this article.

(5)    The student member may not attend or participate in an executive or special session of the board.

(n)    Any action by the board shall require:

(1)    A quorum of a majority of the voting members then serving; and

(2)    The affirmative vote of a majority of the voting members then serving.