SENATE BILL 749
CF HB 1060
By: Senator Ellis
Introduced and read first time: February 5, 2021
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
1 AN ACT concerning
2 Charles County – Board of Education – Membership Alterations
3 FOR the purpose of altering the manner of election for certain members of the Charles
4 County Board of Education by specifying that certain members be elected from
5 certain school board districts; requiring the Board of Charles County Commissioners
6 to establish a certain number of school board districts in a certain manner; providing
7 for the ballot requirements for a certain election; requiring the State Board of
8 Elections declare the election of certain candidates; providing for the qualifications
9 of the elected members of the county board; altering the day the term of an elected
10 member begins; establishing staggered terms for the elected members of the county
11 board beginning with a certain election; prohibiting elected members from serving
12 more than a certain number of consecutive terms; requiring the County
13 Commissioners to fill a certain vacancy under certain circumstances; establishing a
14 residency requirement for an individual appointed to fill a certain vacancy; requiring
15 the County Commissioners to interview an applicant for a certain vacancy on the
16 county board in a certain manner; requiring the County Commissioners to publish a
17 certain list of applicants in a certain manner at least a certain amount of time before
18 interviews are scheduled to occur; requiring a student member of the county board,
19 and an alternate, to be selected by a certain entity; providing that a student member
20 of the county board is a voting member; requiring a certain member of the county
21 board to serve as chair; repealing the requirement that the county board elect a chair
22 in a certain manner; providing for the initial terms of the elected members of the
23 county board; making conforming changes; defining a certain term; and generally
24 relating to the membership of the Charles County Board of Education.
25 BY repealing and reenacting, with amendments,
26 Article – Education
27 Section 3–501 and 3–502
28 Annotated Code of Maryland
29 (2018 Replacement Volume and 2020 Supplement)
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
2 SENATE BILL 749
1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
2 That the Laws of Maryland read as follows:
3 Article – Education
5 (A) IN THIS SECTION, “COUNTY COMMISSIONERS” MEANS THE BOARD OF
6 CHARLES COUNTY COMMISSIONERS.
7 [(a)] (B) (1) The Charles County Board consists of:
8 [(1)] (I) Seven [voting] ELECTED members; and
9 [(2)] (II) One [nonvoting] student member.
10 (2) OF THE SEVEN ELECTED MEMBERS:
11 (I) SIX MEMBERS SHALL:
BE A RESIDENT OF THE SCHOOL BOARD DISTRICT
13 FROM WHICH THE MEMBER IS ELECTED; AND
14 2. BE ELECTED ONLY BY THE VOTERS OF THAT SCHOOL
15 BOARD DISTRICT; AND
16 (II) ONE MEMBER SHALL BE ELECTED FROM THE COUNTY
18 (C) (1)THE COUNTY COMMISSIONERS SHALL ESTABLISH SIX SCHOOL
19 BOARD DISTRICTS IN THE COUNTY.
20 (2) (I) THE SCHOOL BOARD DISTRICTS ESTABLISHED UNDER
21 PARAGRAPH (1) OF THIS SUBSECTION SHALL BE SUBSTANTIALLY EQUAL IN
22 POPULATION AND REAPPORTIONED ON THE BASIS OF EACH DECENNIAL CENSUS.
23 (II) REAPPORTIONED DISTRICTS SHALL BECOME EFFECTIVE
24 FOR THE TERM OF OFFICE COMMENCING AFTER THE FIRST REGULAR PRIMARY
25 ELECTION HELD NOT LESS THAN 15 MONTHS AFTER THE OFFICIAL REPORT ON
26 POPULATION IS RECEIVED BY THE STATE FROM THE U.S. CENSUS BUREAU.
27 (D) (1) AS APPLICABLE FOR THAT SCHOOL BOARD DISTRICT, AT THE
28 GENERAL ELECTION THE BALLOT SHALL PROVIDE THE VOTER WITH THE CHOICE TO
SENATE BILL 749 3
1 CAST A VOTE “FOR” A CANDIDATE FOR ELECTION FROM THAT SCHOOL BOARD
3 (2) AFTER THE ELECTION RESULTS ARE CERTIFIED, THE STATE
4 BOARD OF ELECTIONS SHALL DECLARE FOR EACH SCHOOL BOARD DISTRICT
5 WHETHER A CANDIDATE HAS BEEN ELECTED.
6 [(b)] (E) (1)
An individual [nominated for a voting membership on]
7 ELECTED TO the county board shall be:
8 (I) AT LEAST 21 YEARS OLD; AND
9 (II) [a] A resident and registered voter of Charles County FOR AT
10 LEAST 3 YEARS.
11 (2) [Any member who no longer resides in Charles County or who is not a
12 registered voter of Charles County may not continue as a voting member of the board.] AN
13 ELECTED MEMBER SHALL FORFEIT THE OFFICE IF THE MEMBER:
FAILS TO RESIDE IN THE SCHOOL BOARD DISTRICT FROM
15 WHICH THE MEMBER WAS ELECTED, UNLESS THIS CHANGE IS CAUSED BY A CHANGE
16 IN BOUNDARIES OF THE DISTRICT;
17 (II) FAILS TO BE A RESIDENT OF THE COUNTY; OR
18 (III) FAILS TO BE A REGISTERED VOTER OF THE COUNTY.
19 (3) AN INDIVIDUAL EMPLOYED BY OR UNDER THE DIRECTION OF THE
20 COUNTY BOARD OR THE COUNTY SUPERINTENDENT IS NOT ELIGIBLE TO SERVE ON
21 THE COUNTY BOARD.
22 [(c)] (F) All [voting] ELECTED members of the Charles County Board shall be
24 (1) At] AT a general election as required by subsection [(d)] (G) of this
25 section[; and
26 (2) From Charles County at large].
27 [(d)] (G) (1) (I) [Each voting] SUBJECT TO PARAGRAPH (2) OF THIS
28 SUBSECTION, EACH ELECTED member serves for a term of 4 years beginning on the
29 [third] FIRST Monday in December after the [gubernatorial] GENERAL election and until
30 a successor is elected and qualifies.
4 SENATE BILL 749
1 (II) If the [third] FIRST Monday in December is a legal holiday, the
2 term begins on the first day after the [third] FIRST Monday in December that is not a legal
THE TERMS OF MEMBERS, BEGINNING WITH MEMBERS ELECTED
5 AT THE GENERAL ELECTION IN NOVEMBER 2022, ARE STAGGERED AS REQUIRED BY
6 THE TERMS PROVIDED FOR ELECTED MEMBERS OF THE COUNTY BOARD ON JULY 1,
AN ELECTED MEMBER MAY NOT SERVE FOR MORE THAN TWO
9 CONSECUTIVE TERMS.
10 [(e)] (H) [The voting members of the county board] IN THE EVENT OF A
11 VACANCY OF AN ELECTED MEMBER OF THE COUNTY BOARD, THE COUNTY
12 COMMISSIONERS shall select a qualified individual to fill any vacancy on the board for the
13 remainder of that term and until a successor is elected and qualifies.
14 (2) AN INDIVIDUAL APPOINTED TO FILL A VACANCY OF A MEMBER
15 ELECTED FROM A SCHOOL BOARD DISTRICT SHALL BE A RESIDENT OF THE SAME
16 SCHOOL BOARD DISTRICT AS THAT OF THE VACATING MEMBER.
17 [(2)] (3) An interview of an applicant for a vacancy on the board shall be
18 conducted by the [board] COUNTY COMMISSIONERS at a meeting open to the public.
19 [(3)] (4) (i) The [board] COUNTY COMMISSIONERS shall publish a
20 list of the names of the applicants for a vacancy on the board at least 2 weeks before the
21 interview of the first applicant is scheduled to occur.
22 (ii) Public notice of the date, time, and location of each interview
23 shall be published:
24 1. At least 2 weeks before the interview is scheduled to occur;
26 2. In the same manner as a public notice of a regular meeting
27 of the board is published.
28 [(4)] (5) The [board is] COUNTY COMMISSIONERS ARE not required to
29 conduct discussions of the applicants or make the final selection of the [voting] member TO
30 FILL A VACANCY OF THE ELECTED MEMBER at a meeting open to the public.
31 [(f)] (I) (1) With the approval of the Governor, the State Board may remove
32 [a voting] AN ELECTED member of the county board for any of the following reasons:
33 (i) Immorality;
SENATE BILL 749 5
1 (ii) Misconduct in office;
2 (iii) Incompetency; or
3 (iv) Willful neglect of duty.
4 (2) Before removing [a voting] AN ELECTED member, the State Board
5 shall send the [voting] ELECTED member a copy of the charges pending and give the
6 [voting] ELECTED member an opportunity within 10 days to request a hearing.
7 (3) If the [voting] ELECTED member requests a hearing within the 10–day
9 (i) The State Board shall promptly hold a hearing, but a hearing
10 may not be set within 10 days after the State Board sends the [voting] ELECTED member
11 a notice of the hearing; and
12 (ii) The [voting] ELECTED member shall have an opportunity to be
13 heard publicly before the State Board in the [voting] ELECTED member’s own defense, in
14 person or by counsel.
15 (4) [A voting] AN ELECTED member removed under this subsection has
16 the right to a de novo review of the removal by the Circuit Court for Charles County.
17 [(g)] (J) (1) The student member of the Charles County Board shall be an
18 11th or 12th grade student in the Charles County Public School System.
19 (2) The student member, and an alternate, shall be selected [in accordance
20 with procedures approved by the board. These procedures shall reflect recommendations
21 by and involvement of] BY the Charles County Association of Student Councils.
22 (3) The term of the student member shall be 1 year.
23 (4) The student member [may not vote, but may indicate a preference for
24 or against any question before] SHALL BE A VOTING MEMBER OF the board.
25 [(5) Unless invited to attend by an affirmative vote of a majority of the
26 county board, the student member may not attend an executive session that relates to
27 special education placements, collective bargaining, or hearings held under § 6–202 of this
30 (A) THE MEMBER ELECTED FROM THE COUNTY AT–LARGE SHALL SERVE AS
31 CHAIR OF THE COUNTY BOARD.
6 SENATE BILL 749
1 [(a)] (B)
The county board shall elect [a chair and] a vice chair from among its
2 REMAINING ELECTED members at an annual meeting to be held on the second Tuesday
3 in January.
4 [(b)] (C) If there is a vacancy in the office of chair or vice chair, the county board
5 shall elect a replacement within 30 days after the vacancy occurs.
6 SECTION 2. AND BE IT FURTHER ENACTED, That the initial terms of the elected
7 members of the Charles County Board of Education shall expire as follows:
8 (1) the members elected from school board districts 1, 3, and 5 and the
9 member elected from the county at–large at the general election in November 2022, shall
10 serve for a term of 4 years until a successor is elected and qualifies; and
11 (2) the members elected from school board districts 2, 4, and 6 at the
12 general election in November 2022, shall serve for a term of 2 years until a successor is
13 elected and qualifies.
14 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
15 1, 2021.Statutes affected:
Text - First - Charles County - Board of Education - Membership Alterations: 3-501 Education, 2-021 Education, 3-502 Education