EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0712*
SENATE BILL 712
F1 5lr3256
CF HB 923
By: Senator Brooks
Introduced and read first time: January 27, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
State Board of Education – Membership – Educational Support and 2
Administrator Members 3
FOR the purpose of altering the membership of the State Board of Education to include an 4
educational support member and an administrator member; providing for the 5
qualifications, terms, powers, and elections of the new members; and generally 6
relating to the membership of the State Board of Education. 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 2–202 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Education 15
2–202. 16
(a) The State Board consists of 13 regular members, and 1 student member, 17
appointed by the Governor with the advice and consent of the Senate. 18
(b) (1) In making appointments to the State Board, the Governor shall 19
consider representation from: 20
(i) All parts of this State; and 21
(ii) Areas of this State with concentrations of population or unique 22
needs. 23 2 SENATE BILL 712
(2) Except as provided in paragraphs (4) through [(6)] (8) of this 1
subsection, the members of the Board shall be appointed from the general public. 2
(3) The following individuals may not be appointed to the Board: 3
(i) Except for the teacher member, EDUCATIONAL SUPPORT 4
MEMBER, ADMINISTRATOR MEMBER , and student member, any individual who is subject 5
to the authority of the Board; 6
(ii) The Governor; and 7
(iii) The State Superintendent. 8
(4) (i) Of the 13 regular members of the State Board, one regular 9
member shall be a certified teacher who is actively teaching. 10
(ii) The Governor shall appoint the teacher member, with the advice 11
and consent of the Senate, who received the highest number of votes after an election by 12
teachers in the State. 13
(iii) The Department shall provide notice of a teacher member 14
vacancy on the State Board to: 15
1. All certified teachers who are actively teaching in the 16
State; and 17
2. All teachers’ organizations representing teachers in the 18
State for purposes of collective bargaining. 19
(iv) 1. The election shall be conducted under regulations that the 20
Department adopts. 21
2. The Department may consult with the State Retirement 22
Agency of the Maryland State Retirement and Pension System to conduct the election 23
required under this subparagraph. 24
(v) The teacher member may attend and participate in an executive 25
session of the State Board. 26
(vi) The teacher member may not vote on any matter that relates to 27
appeals to the State Board under § 6–202 of this article. 28
(5) (I) OF THE 13 REGULAR MEMBERS OF T HE STATE BOARD, ONE 29
REGULAR MEMBER SHALL BE AN EDUCATIONAL SU PPORT PROFESSIONAL W HO IS 30
ACTIVELY WORKING IN A PUBLIC SCHOOL AS A NONCERTIFICATED , 31 SENATE BILL 712 3
NONSUPERVISORY PUBLI C SCHOOL EMPLOYEE DE SIGNATED AS PART OF A 1
BARGAINING UNIT UNDE R TITLE 6, SUBTITLE 5 OF THIS ARTICLE. 2
(II) THE GOVERNOR SHALL APPOIN T THE EDUCATIONAL 3
SUPPORT MEMBER , WITH THE ADVICE AND CONSENT OF THE SENATE, WHO 4
RECEIVED THE HIGHEST NUMBER OF VOTES AFTE R AN ELECTION BY EDU CATIONAL 5
SUPPORT PROFESSIONAL S IN THE STATE. 6
(III) THE DEPARTMENT SHALL PROV IDE NOTICE OF AN 7
EDUCATIONAL SUPPORT MEMBER VACANCY ON TH E STATE BOARD TO: 8
1. ALL EDUCATIONAL SUPPO RT PROFESSIONALS WHO 9
ARE ACTIVELY WORKING IN A PUBLIC SCHOOL A S A NONCERTIFICATED , 10
NONSUPERVISORY PUBLI C SCHOOL EMPLOYEE DE SIGNATED AS PART OF A 11
BARGAINING UNIT UNDE R TITLE 6, SUBTITLE 5 OF THIS ARTICLE IN T HE STATE; AND 12
2. ALL EDUCATIONAL SUPPO RT PROFES SIONALS’ 13
ORGANIZATIONS REPRES ENTING EDUCATIONAL S UPPORT PROFESSIONALS IN THE 14
STATE FOR PURPOSES OF COLLECTIVE BARGAININ G. 15
(IV) THE ELECTION SHALL BE CONDUCTED UNDER 16
REGULATIONS THAT THE DEPARTMENT ADOPTS . 17
(V) THE EDUCATIONAL SUPPO RT MEMBER MAY ATTE ND AND 18
PARTICIPATE IN AN EX ECUTIVE SESSION OF T HE STATE BOARD. 19
(VI) THE EDUCATIONAL SUPPO RT MEMBER MAY NOT VO TE ON 20
ANY MATTER THAT RELA TES TO APPEALS TO TH E STATE BOARD UNDER § 6–202 OF 21
THIS ARTICLE. 22
(6) (I) IN THIS PARAGRAPH , “ADMINISTRATOR ” MEANS A 23
PRINCIPAL, AN ASSISTANT PRINCIP AL, OR ANY OTHER ADMINIS TRATIVE LEVEL 24
PROFESSIONAL WHO IS ACTIVELY WORKING IN A PUBLIC SCHOOL . 25
(II) OF THE 13 REGULAR MEMBERS OF T HE STATE BOARD, ONE 26
REGULAR MEMBER SHALL BE AN ADMINISTRATOR . 27
(III) THE GOVERNOR SHA LL APPOINT THE ADMIN ISTRATOR 28
MEMBER, WITH THE ADVICE AND CONSENT OF THE SENATE, WHO RECEIVED THE 29
HIGHEST NUMBER OF VO TES AFTER AN ELECTIO N BY ADMINISTRATORS IN THE 30
STATE. 31
4 SENATE BILL 712
(IV) THE DEPARTMENT SHALL PROV IDE NOTICE OF AN 1
ADMINISTRATOR MEMBER VACANCY ON TH E STATE BOARD TO: 2
1. ALL ADMINISTRATORS WH O ARE ACTIVELY WORKI NG 3
IN A PUBLIC SCHOOL ; AND 4
2. ALL ADMINISTRATORS ’ ORGANIZATIONS 5
REPRESENTING ADMINIS TRATORS IN THE STATE FOR PURPOSES OF COLLECTIVE 6
BARGAINING. 7
(V) THE ELECTION SHALL BE CONDUCTED UNDER 8
REGULATIONS THAT THE DEPARTMENT ADOPTS . 9
(VI) THE ADMINISTRATOR MEM BER MAY ATTEND AND 10
PARTICIPATE IN AN EX ECUTIVE SESSION OF T HE STATE BOARD. 11
(VII) THE ADMINISTRATOR MEM BER MAY NOT VOTE ON ANY 12
MATTER THAT RELATES TO APPEALS TO THE STATE BOARD UNDER § 6–202 OF THIS 13
ARTICLE. 14
[(5)] (7) (i) Of the 13 regular members of the State Board, one regular 15
member shall be the parent of a student enrolled in a public school in the State. 16
(ii) The Governor shall appoint the parent member, with the advice 17
and consent of the Senate, from a list of three qualified individuals submitted to the 18
Governor by the Maryland PTA. 19
(iii) The Department shall provide notice of the parent member 20
vacancy on the State Board to the Maryland PTA. 21
(iv) The parent member may attend and participate in an executive 22
session of the State Board. 23
[(6)] (8) The student member shall be selected by the Governor from a list 24
of 2 persons nominated by the Maryland Association of Student Councils. 25
(c) (1) The student member shall be: 26
(i) A regularly enrolled student; and 27
(ii) In good standing in a public high school in the State. 28
(2) The student member may attend and par ticipate in an executive 29
session of the Board. 30
SENATE BILL 712 5
(3) The student member may not vote on any matter that relates to: 1
(i) The dismissal of or other disciplinary action involving personnel; 2
or 3
(ii) Appeals to the State Board under § 2–205 of this subtitle or § 4
4–205 or § 6–202 of this article. 5
(d) (1) Each regular member serves for a term of 4 years and until a successor 6
is appointed and qualifies. These terms are staggered as required by the terms of the 7
members serving on the State Board as of July 1, 1989. 8
(2) The Governor shall appoint a new member to fill any vacancy on the 9
Board for the remainder of that term and until a successor is appointed and qualifies. 10
(3) A member is eligible for reappointment but may not serve for more than 11
two full 4–year terms. 12
(4) The student member shall serve for a term of 1 year. A student member 13
is eligible for reappointment but may not serve more than two full 1–year terms. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2025. 16