HB 629
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 629 (Delegate Novotny)
Ways and Means
County Boards of Education – Student Member – Voting
This bill prohibits a student member who is authorized to vote on matters before the county
board of education from being the deciding vote on any matter being decided by the county
board. The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: None.
Local Effect: None. Local school system finances are not directly affected.
Small Business Effect: None.
Analysis
Current Law: There are 4 hybrid boards, 19 elected school boards and 1 appointed school
board in the State. Appendix – Local Boards of Education Membership shows the
selection methods, terms of office, and membership of the 24 local boards of education.
Currently, seven local school systems (Baltimore City and Anne Arundel, Baltimore,
Harford, Howard, Montgomery, and Prince George’s counties) each have one voting
student member of the board serving one-year terms. Some local school systems with
voting members already limit the ability of the student member to vote on certain matters
(including, among others, employee discipline or dismissal of personnel, capital or
operational budget matters, and school closings) or attend certain executive sessions. A
student member may also be excluded from voting on other matters, in some jurisdictions,
by an affirmative vote of a majority of the nonstudent members.
Additionally, 15 local jurisdictions (Allegany, Calvert, Caroline, Carroll, Cecil, Charles,
Dorchester, Frederick, Garrett, Kent, Queen Anne’s, St. Mary’s, Talbot, Washington, and
Worcester counties) each have a nonvoting student member (or members) with one-year
terms.
Somerset and Wicomico counties have no student members of the board.
Additional Comments: Although the bill has no fiscal impact, prohibiting the student
board member from being the deciding vote on any motion or board action may make it
more difficult for board motions or actions to move forward. For example, the school board
in Anne Arundel County only contains eight board members and requires the affirmative
vote of five board members to take any action. Therefore, if a student member cannot cast
a deciding vote on board matters, five of seven nonstudent board members must agree to
approve any motion or board action. Other local school boards with specified numbers of
members required for board action may similarly require supermajority level of support
from nonstudent members to take any board action. Montgomery, Howard, and
Prince George’s counties have similar provisions, which set a specified number of
members required for action on any item before the board.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland State Department of Education; Anne Arundel County
Public Schools; Montgomery County Public Schools; Department of Legislative Services
Fiscal Note History: First Reader - February 3, 2021
rh/hlb
Analysis by: Michael E. Sousane Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 629/ Page 2
 Appendix – Local Board of Education Membership
Membership
The composition of the local boards of education varies, with members serving
three- to four-year terms. Nineteen counties have elected school boards, four counties have
combined appointed/elected school boards, and one school board consists of appointed
members only, until the 2022 general election when it will become an appointed/elected
school board. Twenty-two boards have student members but only seven boards allow
student members to vote, which generally excludes collective bargaining and other
personnel and budgetary decisions. The exhibit below shows the selection methods, terms
of office, and membership of the 24 local school boards.
Local Boards of Education
As of December 2020
Number of
School System Members Term Means of Selection1
Allegany 6 4 years E 5 from county at large
1 student (nonvoting, one-year term)
Anne Arundel2 8 4 years E 7 from councilmanic districts
1 student (one-year term)
Baltimore City3 10 3 years A 9 from city at large
1 student (one-year term)
Baltimore4 12 4 years A/E 4 from county at large (appointed)
7 from councilmanic districts (elected)
1 student (one-year term)
Calvert 6 4 years E 2 from county at large
3 from commissioner districts
1 student (nonvoting, one-year term)
Caroline 7 4 years A/E 3 elected from school board districts
2 appointed from county at large
2 students (nonvoting, one-year term)
Carroll 11 4 years E 5 from county at large
5 commissioners ex officio (nonvoting)
1 student (nonvoting, one-year term)
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 Number of
School System Members Term Means of Selection1
Cecil 6 4 years E 5 from commissioner districts
1 student (nonvoting, one-year term)
Charles 8 4 years E 7 from county at large
1 student (nonvoting, one-year term)
Dorchester 7 4 years E 5 from councilmanic districts
2 students (nonvoting, one-year term)
Frederick 8 4 years E 7 from county at large
1 student (nonvoting, one-year term)
Garrett 6 4 years E 2 from county at large
3 from commissioner districts
1 student (nonvoting, one-year term)
Harford 11 4 years A/E 6 elected from councilmanic districts
3 appointed from county at large
1 superintendent ex officio (nonvoting)
1 student (one-year term)
Howard 8 4 years E 2 from county at large
5 from councilmanic districts
1 student (one-year term)
Kent5 6 4 years E 5 from county at large
1 student (nonvoting, one-year term)
Montgomery 8 4 years E 2 from county at large
5 from school districts
1 student (one-year term)
Prince George’s6 14 4 years A/E 9 elected from school board districts
4 appointed by county
1 student (one-year term)
Queen Anne’s 7 4 years E 1 from county at large
4 from commissioner districts
2 students (nonvoting, one-year term)
St. Mary’s 6 4 years E 1 from county at large
4 from commissioner districts
1 student (nonvoting, one-year term)
HB 629/ Page 4
 Number of
School System Members Term Means of Selection1
Somerset 5 4 years E All from commissioner districts
Talbot 9 4 years E 7 from school board districts
2 students (nonvoting, one-year term)
Washington7 8 4 years E 7 from county at large
1 student (nonvoting, one-year term)
Wicomico8 7 4 years E 5 from councilmanic districts
2 from county at large
Worcester 10 4 years E 7 from commissioner districts
3 students (nonvoting, one-year term)
1
A = Appointed by Governor, except in Baltimore City, where board is appointed by the Mayor;
E = Elected; and A/E = Combined appointed by Governor and elected board, except in Prince George’s
County. Entries for local boards that are at any point in the process of transitioning between means of
selection reflect the final state the board will be in once the transition fully takes effect.
2
Chapter 473 of 2017 restructured the Anne Arundel County Board of Education from a nine-member
appointed board to an eight-member elected board consisting of seven elected members (one from each of
the seven councilmanic districts on a nonpartisan basis) and one student member. The terms of the elected
members are staggered; four members were elected at the 2018 general election and three members were
elected at the 2020 general election as the terms of previously appointed board members expired. In this
manner, the elected board is phased in. The members elected in November 2018 serve a six-year term,
while the members elected in 2020 serve a four-year term. Thus, beginning in 2024, all members must stand
for election. An elected member of the board generally serves a four-year term beginning on the
first Monday in December after the member’s election and until a successor is elected and qualifies.
3
Chapter 593 of 2017 repealed the role of the Governor in making appointments to the Baltimore City Board
of School Commissioners; it also repealed the Governor’s role in filling board vacancies and removing
board members. As a result, board members are appointed solely by the Mayor of Baltimore City until the
appointed/elected board established by the legislation is executed at the 2022 general election. Chapter 593
also established the Baltimore City Public School Board Community Panel (which the Mayor must
convene) and specified its membership. The purpose of the panel is to select nominees to be recommended
to the Mayor as qualified candidates for appointment to the board (including candidates for vacancies). If
the Mayor elects not to appoint a member or to fill a vacancy from a list submitted by the panel, the Mayor
must reconvene the panel to submit additional names of qualified candidates. Beginning with the
2022 general election, the board will be restructured as a hybrid board with two members elected from the
city at large, nine members appointed by the Mayor, and one student member. Elected members will serve
a four-year term whereas appointed members will serve a three-year term.
4
Chapters 480 and 481 of 2014 restructured the Baltimore County Board of Education from a 12-member
appointed board (including 1 student member) to a 12-member board consisting of 4 at-large members
appointed by the Governor, 7 nonpartisan members each elected from one of 7 councilmanic districts, and
a student member. The elected members were elected at the general election in November 2018 and serve
four-year terms. In addition, Chapters 480 and 481 established the Baltimore County Nominating
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Commission. Generally, the commission is responsible for submitting to the Governor at least two names
for each vacancy on the board. The commission consists of 19 members of the county and must reflect the
diversity of the county. Except in extraordinary circumstances, the Governor must appoint members to the
board of education from the list the nominating commission provides.
5
Although not in statute, the Kent County Board of Education reports that there is a nonvoting student
member of the board and that he or she does not attend closed sessions.
6
Chapter 147 of 2013 altered the membership of the Prince George’s County Board of Education by adding
four appointed members to the existing elected board. The county executive appoints three members with
certain experience requirements, and the county council appoints one member who must be a parent of a
student in the county school system. If a seat held by an elected member becomes vacant, the county
executive must appoint a qualified individual for the remainder of the term, with the appointment subject
to rejection by a two-thirds vote of the county council.
7
Although not in statute, the Washington County Board of Education reports that there is a student member
of the board and that he or she can only concur on votes and must abstain from certain matters.
8
Chapter 169 of 2016, subject to referendum, required the restructuring of the Wicomico County Board of
Education. In the 2016 general election, the county approved a fully elected board option, with
five members each elected from one of the five councilmanic districts and two members elected from the
county at large. Members were elected at the general election in 2018 and serve four-year terms.
Source: Annotated Code of Maryland, Education Article, Sections 3-101 through 3-1405; Local Boards of
Education
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Statutes affected:
Text - First - County Boards of Education – Student Member – Voting: 3-106 Education