EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1252*
HOUSE BILL 1252
F1 5lr1189
By: Delegates A. Johnson, S. Johnson, and McCaskill
Introduced and read first time: February 7, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
County Boards of Education – Appointed Members in Leadership Positions – 2
Prohibition 3
FOR the purpose of prohibiting certain appointed members of a county board of education 4
from serving in certain leadership positions on the county board; requiring the State 5
Department of Education to send a certain notice to a county board if the county 6
board violates a certain prohibition; specifying certain penalties that may be imposed 7
on county boards and appointed members for the continued violation of a certain 8
prohibition; and generally relating to leadership positions on county boards of 9
education. 10
BY adding to 11
Article – Education 12
Section 3–106 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
3–106. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) (I) “APPOINTED MEMBER ” MEANS AN INDIVIDUAL SER VING ON 22
A COUNTY BOARD WHO I S APPOINTED TO THE P OSITION BY A GOVERNM ENT 23
OFFICIAL OR GOVERNME NTAL BODY. 24 2 HOUSE BILL 1252
(II) “APPOINTED MEMBER ” DOES NOT INCLUDE A M EMBER 1
SERVING ON A COUNTY BOARD WHO IS APPOINT ED TO FILL A VACANCY FOR AN 2
ELECTED POS ITION ON THE COUNTY BOARD. 3
(3) “LEADERSHIP POSITION ” MEANS A PRESIDENT, VICE PRESIDENT , 4
CHAIR, OR VICE CHAIR OF A COUNTY BOARD . 5
(B) (1) AN APPOINTED MEMBER M AY NOT SERVE IN A LE ADERSHIP 6
POSITION ON A COUNTY BOARD. 7
(2) AN APPOINTED MEMBER S ERVING IN A LEADERSHIP POSITIO N ON 8
JULY 1, 2025, SHALL VACATE THE LEA DERSHIP POSITION ON OR BEFORE AUGUST 9
1, 2025. 10
(C) (1) IF A COUNTY BOARD VIO LATES THIS SECTION , THE DEPARTMENT 11
SHALL NOTIFY THE COU NTY BOARD IN WRITING AND REQUIRE IMMEDIAT E 12
CORRECTIVE ACTION . 13
(2) (I) WITHIN 30 DAYS AFTER THE DATE ON WH ICH A COUNTY 14
BOARD RECEIVES THE NOTIFICATION UNDER PARAGRAPH (1) OF THIS SUBSECTION , 15
THE COUNTY BOARD SHA LL REMOVE THE APPOIN TED MEMBER FROM THE 16
LEADERSHIP POSITION . 17
(II) IF A COUNTY BOARD DOE S NOT COMPLY WIT H THE 18
REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH : 19
1. THE DEPARTMENT SHALL SUSPEND ANY FU NDING TO 20
THE COUNTY BOARD FOR ADMINISTRATIVE FUNCT IONS UNTIL THE VIOLA TION IS 21
REMEDIED; AND 22
2. THE COUNTY BOARD SHALL P OST NOTICE OF THE 23
VIOLATION ON THE COUNTY BOARD ’S WEBSITE. 24
(3) IF A COUNTY BOARD DOE S NOT COMPLY WITH TH E 25
REQUIREMENTS OF THIS SECTION WITHIN 60 DAYS AFTER THE DATE ON WH ICH THE 26
COUNTY BOARD RECEIVES THE NOTIFICATION UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION, THE DEPARTMENT MAY : 28
(I) WITHHOLD ADDITIONAL FUNDING TO THE COUNTY BOARD 29
FOR ADMINISTRATIVE F UNCTIONS; AND 30
HOUSE BILL 1252 3
(II) REFER THE MATTER TO THE ATTORNEY GENERAL FOR 1
ENFORCEMENT . 2
(4) (I) THE DEPARTMENT MAY IMPOSE A CIVIL P ENALTY ON AN 3
APPOINTED MEMBER WHO KNOWINGLY AND WILLFU LLY CONTINUES TO SERVE IN A 4
LEADERSHIP POSITION IN VIOLATION OF THIS SECTION. 5
(II) A CIVIL PENALTY IMPOSED UNDER SUBPARAGRAPH (I) OF 6
THIS PARAGRAPH : 7
1. MAY NOT EXCEED $2,500; AND 8
2. SHALL BE PAYABLE TO THE DEPARTMENT . 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
1, 2025. 11