§ 3-3A-02. General consideration.

MD Educ Code § 3-3A-02 (2019) (N/A)
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(a)    The Caroline County Board of Education consists of:

(1)    Three elected members;

(2)    Two appointed members; and

(3)    Two nonvoting student members.

(b)    (1)    One elected member shall be elected from each of the three board of education districts established in Caroline County.

(2)    An elected member shall be:

(i)    A resident of the district from which the member is elected; and

(ii)    Elected only by the voters of that district.

(3)    (i)    1.    Two appointed members shall be appointed by the Governor, with the advice and consent of the Senate, from the county at–large.

2.    Each appointed member shall be a resident of the county.

(ii)    In appointing members to the county board, the Governor shall ensure, to the extent practicable, that the total makeup of the county board reflects gender, ethnic, and racial diversity.

(c)    (1)    The board of education districts shall:

(i)    Be established by the County Commissioners of Caroline County; and

(ii)    Be substantially equal in population and reapportioned on the basis of each decennial census of the United States.

(2)    Reapportioned districts shall become effective for the term of office commencing after the first regular primary election held at least 15 months after the official report on population is received by the State from the Bureau of the Census.

(d)    (1)    As applicable for that board of education district, at the general election the ballot shall provide the voter with the choice to cast a vote “For” a candidate for election from that district.

(2)    After the election results are certified, the State Board of Elections shall declare for each district whether a candidate has been elected.

(e)    (1)    An individual elected to the county board shall be at least 21 years old and a registered voter and resident of Caroline County for at least 3 years.

(2)    A member may not continue as a member of the county board if the member:

(i)    No longer resides in the board of education district that the member is designated to represent; or

(ii)    Is not a registered voter of Caroline County.

(3)    An individual employed by, or under the direction of, the county board or the Caroline County Superintendent of Schools is not eligible to serve on the county board.

(f)    (1)    A student member of the county board shall:

(i)    Be a regularly enrolled eleventh or twelfth grade student of good character and in good standing in a Caroline County public high school during the student’s term in office;

(ii)    Be selected in the student’s tenth or eleventh grade in accordance with paragraph (3) of this subsection; and

(iii)    1.    Serve for a term of 1 year; and

2.    If the student is in the twelfth grade, continue to serve after graduation and until a successor is selected and qualifies.

(2)    Each high school in the county shall be represented by a student member of the county board.

(3)    (i)    For nomination to the county board, the student body shall submit to the principal of the high school a list of nominees that contains the names of eligible students.

(ii)    The principal of the high school shall select the student member from the list of nominees submitted to the principal under subparagraph (i) of this paragraph.

(4)    If a vacancy in the position of student member occurs during the term of a student member, the principal of the high school represented on the county board shall select another student member using the method set forth under paragraph (3) of this subsection.

(g)    (1)    Subject to paragraph (2) of this subsection, each elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.

(2)    The initial terms of the elected members are staggered as follows:

(i)    The two members elected to the county board at the general election in November 2012 who receive the highest number of votes cast from among the successful candidates at that election shall serve for a term of 4 years; and

(ii)    The member elected to the county board at the general election in November 2012 who receives the least number of votes cast from among the successful candidates at that election shall serve for a term of 2 years.

(h)    (1)    In the event of a vacancy of an elected member on the county board due to death, resignation, disqualification, or removal, the remaining voting members shall select a qualified individual to fill the vacancy for the remainder of the term of the vacating member and until a successor is elected and qualifies.

(2)    An individual appointed to fill a vacancy for an elected member shall be a resident of the same board of education district as that of the vacating member.

(3)    Before filling a vacancy for an elected member, the remaining voting members of the county board shall conduct an interview of each applicant at an open meeting.

(4)    (i)    The county board shall publish a list of the names of the applicants for a vacancy on the county board at least 2 weeks before the interview of the first applicant is scheduled to occur.

(ii)    The county board shall cause public notice of the date, time, and location of the interview for each applicant to be published:

1.    At least 2 weeks before the interview is scheduled to occur; and

2.    In the same manner as public notice of a regular meeting of the county board is published.

(5)    The county board is not required to conduct discussions of the applicants or make the final selection of the elected member to fill the vacancy at an open meeting.

(i)    (1)    Subject to paragraph (2) of this subsection, each appointed member serves for a term of 4 years beginning on the first Monday in December 2012.

(2)    The initial terms of the appointed members are staggered as follows:

(i)    One appointed member shall serve for a term of 6 years; and

(ii)    One appointed member shall serve for a term of 4 years.

(3)    In the event of a vacancy of an appointed member due to death, resignation, disqualification, or removal, the Governor shall appoint another individual to complete the term of the vacating appointed member.