1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0923* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 923 |
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8 | 8 | | F1 5lr3025 |
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9 | 9 | | CF 5lr3256 |
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10 | 10 | | By: Delegates Ebersole, Feldmark, Forbes, Pasteur, Patterson, White Holland, |
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11 | 11 | | Williams, and Young |
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12 | 12 | | Introduced and read first time: January 31, 2025 |
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13 | 13 | | Assigned to: Ways and Means |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | State Board of Education – Membership – Educational Support and 2 |
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20 | 20 | | Administrator Members 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of altering the membership of the State Board of Education to include an 4 |
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23 | 23 | | educational support member and an administrator member; providing for the 5 |
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24 | 24 | | qualifications, terms, powers, and elections of the new members; and generally 6 |
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25 | 25 | | relating to the membership of the State Board of Education. 7 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, with amendments, 8 |
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28 | 28 | | Article – Education 9 |
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29 | 29 | | Section 2–202 10 |
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30 | 30 | | Annotated Code of Maryland 11 |
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31 | 31 | | (2022 Replacement Volume and 2024 Supplement) 12 |
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32 | 32 | | |
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33 | 33 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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34 | 34 | | That the Laws of Maryland read as follows: 14 |
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35 | 35 | | |
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36 | 36 | | Article – Education 15 |
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37 | 37 | | |
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38 | 38 | | 2–202. 16 |
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39 | 39 | | |
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40 | 40 | | (a) The State Board consists of 13 regular members, and 1 student member, 17 |
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41 | 41 | | appointed by the Governor with the advice and consent of the Senate. 18 |
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42 | 42 | | |
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43 | 43 | | (b) (1) In making appointments to the State Board, the Governor shall 19 |
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44 | 44 | | consider representation from: 20 |
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45 | 45 | | |
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46 | 46 | | (i) All parts of this State; and 21 |
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47 | 47 | | 2 HOUSE BILL 923 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (ii) Areas of this State with concentrations of population or unique 1 |
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51 | 51 | | needs. 2 |
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52 | 52 | | |
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53 | 53 | | (2) Except as provided in paragraphs (4) through [(6)] (8) of this 3 |
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54 | 54 | | subsection, the members of the Board shall be appointed from the general public. 4 |
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55 | 55 | | |
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56 | 56 | | (3) The following individuals may not be appointed to the Board: 5 |
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57 | 57 | | |
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58 | 58 | | (i) Except for the teacher member, EDUCATIONAL SUPPORT 6 |
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59 | 59 | | MEMBER, ADMINISTRATOR MEMBER , and student member, any individual who is subject 7 |
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60 | 60 | | to the authority of the Board; 8 |
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61 | 61 | | |
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62 | 62 | | (ii) The Governor; and 9 |
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63 | 63 | | |
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64 | 64 | | (iii) The State Superintendent. 10 |
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65 | 65 | | |
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66 | 66 | | (4) (i) Of the 13 regular members of the State Board, one regular 11 |
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67 | 67 | | member shall be a certified teacher who is actively teaching. 12 |
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68 | 68 | | |
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69 | 69 | | (ii) The Governor shall appoint the teacher member, with the advice 13 |
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70 | 70 | | and consent of the Senate, who received the highest number of votes after an election by 14 |
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71 | 71 | | teachers in the State. 15 |
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72 | 72 | | |
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73 | 73 | | (iii) The Department shall provide notice of a teacher member 16 |
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74 | 74 | | vacancy on the State Board to: 17 |
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75 | 75 | | |
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76 | 76 | | 1. All certified teachers who are actively teaching in the 18 |
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77 | 77 | | State; and 19 |
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78 | 78 | | |
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79 | 79 | | 2. All teachers’ organizations representing teachers in the 20 |
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80 | 80 | | State for purposes of collective bargaining. 21 |
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81 | 81 | | |
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82 | 82 | | (iv) 1. The election shall be conducted under regulations that the 22 |
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83 | 83 | | Department adopts. 23 |
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84 | 84 | | |
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85 | 85 | | 2. The Department may consult with the State Retirement 24 |
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86 | 86 | | Agency of the Maryland State Retirement and Pension System to conduct the election 25 |
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87 | 87 | | required under this subparagraph. 26 |
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88 | 88 | | |
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89 | 89 | | (v) The teacher member may attend and participate in an executive 27 |
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90 | 90 | | session of the State Board. 28 |
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91 | 91 | | |
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92 | 92 | | (vi) The teacher member may not vote on any matter that relates to 29 |
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93 | 93 | | appeals to the State Board under § 6–202 of this article. 30 |
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94 | 94 | | |
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95 | 95 | | (5) (I) OF THE 13 REGULAR MEMBERS OF T HE STATE BOARD, ONE 31 |
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96 | 96 | | REGULAR MEMBER SHALL BE AN EDUCATIONAL SU PPORT PROFESSIONAL W HO IS 32 HOUSE BILL 923 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | ACTIVELY WORKING IN A PUBLIC SCHOOL AS A NONCERTIFICATED , 1 |
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100 | 100 | | NONSUPERVISORY PUBLI C SCHOOL EMPLOYEE DESIGNATED AS PART O F A 2 |
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101 | 101 | | BARGAINING UNIT UNDE R TITLE 6, SUBTITLE 5 OF THIS ARTICLE. 3 |
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102 | 102 | | |
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103 | 103 | | (II) THE GOVERNOR SHALL APPOIN T THE EDUCATIONAL 4 |
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104 | 104 | | SUPPORT MEMBER , WITH THE ADVICE AND CONSENT OF THE SENATE, WHO 5 |
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105 | 105 | | RECEIVED THE HIGHEST NUMBER OF VOTES AFTE R AN ELECTION BY EDU CATIONAL 6 |
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106 | 106 | | SUPPORT PROFESSIONAL S IN THE STATE. 7 |
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107 | 107 | | |
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108 | 108 | | (III) THE DEPARTMENT SH ALL PROVIDE NOTICE O F AN 8 |
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109 | 109 | | EDUCATIONAL SUPPORT MEMBER VACANCY ON THE STATE BOARD TO: 9 |
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110 | 110 | | |
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111 | 111 | | 1. ALL EDUCATIONAL SUPPO RT PROFESSIONALS WHO 10 |
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112 | 112 | | ARE ACTIVELY WORKING IN A PUBLIC SCHOOL AS A NONCERTI FICATED, 11 |
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113 | 113 | | NONSUPERVISORY PUBLI C SCHOOL EMPLOYEE DE SIGNATED AS PART OF A 12 |
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114 | 114 | | BARGAINING UNIT UNDE R TITLE 6, SUBTITLE 5 OF THIS ARTICLE IN T HE STATE; AND 13 |
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115 | 115 | | |
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116 | 116 | | 2. ALL EDUCATIONAL SUPPO RT PROFESSIONAL S’ 14 |
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117 | 117 | | ORGANIZATIONS REPRESENTING EDUCATIONAL SU PPORT PROFESSIONALS IN THE 15 |
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118 | 118 | | STATE FOR PURPOSES OF COLLECTIVE BARGAININ G. 16 |
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119 | 119 | | |
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120 | 120 | | (IV) THE ELECTION SHALL BE CONDUCTED UNDER 17 |
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121 | 121 | | REGULATIONS THAT THE DEPARTMENT ADOPTS . 18 |
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122 | 122 | | |
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123 | 123 | | (V) THE EDUCATIONAL SUPPO RT MEMBER MAY ATTEND AND 19 |
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124 | 124 | | PARTICIPATE IN AN EX ECUTIVE SESSION OF THE STATE BOARD. 20 |
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125 | 125 | | |
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126 | 126 | | (VI) THE EDUCATIONAL SUPPO RT MEMBER MAY NOT VO TE ON 21 |
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127 | 127 | | ANY MATTER THAT RELA TES TO APPEALS TO TH E STATE BOARD UNDER § 6–202 OF 22 |
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128 | 128 | | THIS ARTICLE. 23 |
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129 | 129 | | |
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130 | 130 | | (6) (I) IN THIS PARAGRAPH , “ADMINISTRATOR ” MEANS A 24 |
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131 | 131 | | PRINCIPAL, AN ASSISTANT PRINCIPAL, OR ANY OTHER ADMINIS TRATIVE LEVEL 25 |
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132 | 132 | | PROFESSIONAL WHO IS ACTIVELY WORKING IN A PUBLIC SCHOOL . 26 |
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133 | 133 | | |
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134 | 134 | | (II) OF THE 13 REGULAR MEMBERS OF T HE STATE BOARD, ONE 27 |
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135 | 135 | | REGULAR MEMBER SHALL BE AN ADMINISTRATOR . 28 |
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136 | 136 | | |
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137 | 137 | | (III) THE GOVERNOR SHALL APPOIN T THE ADMINISTRATO R 29 |
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138 | 138 | | MEMBER, WITH THE ADVICE AND CONSENT OF THE SENATE, WHO RECEIVED THE 30 |
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139 | 139 | | HIGHEST NUMBER OF VO TES AFTER AN ELECTIO N BY ADMINISTRATORS IN THE 31 |
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140 | 140 | | STATE. 32 |
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141 | 141 | | 4 HOUSE BILL 923 |
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142 | 142 | | |
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143 | 143 | | |
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144 | 144 | | (IV) THE DEPARTMENT SHALL PROV IDE NOTICE OF AN 1 |
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145 | 145 | | ADMINISTRATOR MEMBER VACANCY ON THE STATE BOARD TO: 2 |
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146 | 146 | | |
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147 | 147 | | 1. ALL ADMINISTRATORS WHO ARE ACTIVELY WOR KING 3 |
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148 | 148 | | IN A PUBLIC SCHOOL ; AND 4 |
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149 | 149 | | |
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150 | 150 | | 2. ALL ADMINISTRATORS ’ ORGANIZATIONS 5 |
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151 | 151 | | REPRESENTING ADMINISTRATORS IN THE STATE FOR PURPOSES OF COLLECTIVE 6 |
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152 | 152 | | BARGAINING. 7 |
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153 | 153 | | |
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154 | 154 | | (V) THE ELECTION SHALL BE CONDUCTED UNDER 8 |
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155 | 155 | | REGULATIONS THAT THE DEPARTMENT ADOPTS . 9 |
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156 | 156 | | |
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157 | 157 | | (VI) THE ADMINISTRATOR MEMBER MAY ATTEND AN D 10 |
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158 | 158 | | PARTICIPATE IN AN EX ECUTIVE SESSION OF T HE STATE BOARD. 11 |
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159 | 159 | | |
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160 | 160 | | (VII) THE ADMINISTRATOR MEMBER MAY NOT VOTE ON ANY 12 |
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161 | 161 | | MATTER THAT RELATES TO APPEALS TO THE STATE BOARD UNDER § 6–202 OF THIS 13 |
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162 | 162 | | ARTICLE. 14 |
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163 | 163 | | |
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164 | 164 | | [(5)] (7) (i) Of the 13 regular members of the State Board, one regular 15 |
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165 | 165 | | member shall be the parent of a student enrolled in a public school in the State. 16 |
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166 | 166 | | |
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167 | 167 | | (ii) The Governor shall appoint the parent member, with the advice 17 |
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168 | 168 | | and consent of the Senate, from a list of three qualified individuals submitted to the 18 |
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169 | 169 | | Governor by the Maryland PTA. 19 |
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170 | 170 | | |
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171 | 171 | | (iii) The Department shall provide notice of the parent member 20 |
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172 | 172 | | vacancy on the State Board to the Maryland PTA. 21 |
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173 | 173 | | |
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174 | 174 | | (iv) The parent member may attend and participate in an executive 22 |
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175 | 175 | | session of the State Board. 23 |
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176 | 176 | | |
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177 | 177 | | [(6)] (8) The student member shall be selected by the Governor from a list 24 |
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178 | 178 | | of 2 persons nominated by the Maryland Association of Student Councils. 25 |
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179 | 179 | | |
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180 | 180 | | (c) (1) The student member shall be: 26 |
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181 | 181 | | |
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182 | 182 | | (i) A regularly enrolled student; and 27 |
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183 | 183 | | |
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184 | 184 | | (ii) In good standing in a public high school in the State. 28 |
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185 | 185 | | |
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186 | 186 | | (2) The student member may attend and participate in an ex ecutive 29 |
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187 | 187 | | session of the Board. 30 |
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188 | 188 | | HOUSE BILL 923 5 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | (3) The student member may not vote on any matter that relates to: 1 |
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192 | 192 | | |
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193 | 193 | | (i) The dismissal of or other disciplinary action involving personnel; 2 |
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194 | 194 | | or 3 |
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195 | 195 | | |
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196 | 196 | | (ii) Appeals to the State Board under § 2–205 of this subtitle or § 4 |
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197 | 197 | | 4–205 or § 6–202 of this article. 5 |
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198 | 198 | | |
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199 | 199 | | (d) (1) Each regular member serves for a term of 4 years and until a successor 6 |
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200 | 200 | | is appointed and qualifies. These terms are staggered as required by the terms of the 7 |
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201 | 201 | | members serving on the State Board as of July 1, 1989. 8 |
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202 | 202 | | |
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203 | 203 | | (2) The Governor shall appoint a new member to fill any vacancy on the 9 |
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204 | 204 | | Board for the remainder of that term and until a successor is appointed and qualifies. 10 |
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205 | 205 | | |
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206 | 206 | | (3) A member is eligible for reappointment but may not serve for more than 11 |
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207 | 207 | | two full 4–year terms. 12 |
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208 | 208 | | |
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209 | 209 | | (4) The student member shall serve for a term of 1 year. A student member 13 |
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210 | 210 | | is eligible for reappointment but may not serve more than two full 1–year terms. 14 |
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211 | 211 | | |
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212 | 212 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 |
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213 | 213 | | 1, 2025. 16 |
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