About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati529940.tmp
Article - Education
§3–701.  
(a)    (1)   The Howard County Board consists of:
(i)   Seven elected members; and
(ii)   One student member.
(2)   The seven elected members shall be elected as follows:
(i)   Five members, each of whom resides in a different one of the five councilmanic districts in the county; and
(ii)   Two members who may reside anywhere in the county.
(b)    (1)   A candidate who becomes an elected member of the county board shall be a resident and registered voter of Howard County.
(2)    (i)   Any elected member who no longer resides in Howard County may not continue as a member of the board.
(ii)   Any member elected from a councilmanic district who no longer resides in that district may not continue as a member of the board.
(3)   If the boundary line of a Howard County Council District is changed, the term of an incumbent member of the county board who no longer resides in that councilmanic district because of the change is not affected during this term.
(c)   The seven elected members of the Howard County Board shall be elected:
(1)   Beginning in 2020, at the general election every 2 years as required by subsection (d) of this section; and
(2)   From Howard County at large by the voters of the entire county.
(d)    (1)    (i)   The terms of the elected members are staggered as provided in this subsection.
(ii)   Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.
(2)    (i)    1.   The term of office of each member elected from a councilmanic district, beginning at the 2020 election, is 4 years.
2.   The term of office of each member elected at large, beginning at the 2022 election, is 4 years.
(ii)   The successors to the offices elected at the 2020 and 2022 elections, respectively, shall serve for a term of 4 years.
(3)   Except as provided in paragraph (4) of this subsection and subject to the confirmation of the County Council, the County Executive of Howard County shall appoint a qualified individual to fill any vacancy for an elected member on the county board for the remainder of that term and until a successor is appointed and qualifies.
(4)   If a vacancy for an elected member occurs before the date that is 1 year following the date of the member’s election, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at the next general election.
(5)   Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the county board.
(6)   The candidate receiving the vacated position shall take office on the first Monday in December after the election and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.
(7)   Except as provided in this subsection, an election to fill a vacancy on the Howard County Board of Education shall be governed by §§ 8–801 through 8–806 of the Election Law Article.
(e)   When making an appointment to the county board, the County Executive of Howard County shall endeavor to ensure that the county board reflects the race, gender, and ethnic diversity of the population of Howard County.
(f)    (1)   The student member shall be a bona fide resident of Howard County and a regularly enrolled junior or senior year student from a Howard County public high school.
(2)   The student member shall serve for a term of 1 year beginning on July 1 after the member’s election, subject to confirmation of the election results by the county board.
(3)   The nomination and election process for the student member:
(i)   Shall be approved by the Howard County Board of Education;
(ii)   Shall include a provision that provides for the replacement of one or both of the final candidates if one or both of them are unable, ineligible, or disqualified to proceed in the election; and
(iii)   Shall allow for any student in grades 6 through 11 enrolled in a Howard County public school to vote directly for one of the two student member candidates.
(4)   The student member candidate who receives the second highest number of votes in the direct election:
(i)   Shall become the alternate student member; and
(ii)   Shall serve if the student member who is elected is unable, ineligible, or disqualified to complete the student member’s term of office.
(5)   Except as provided in paragraphs (6) and (7) of this subsection, the student member has the same rights and privileges as an elected member.
(6)   Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend a closed session addressing a matter on which a student member is prohibited from voting under paragraph (7) of this subsection.
(7)   The student member shall vote on all matters except those relating to:
(i)   Geographical attendance areas under § 4–109 of this article;
(ii)   Acquisition and disposition of real property and matters pertaining to school construction under § 4–115 of this article;
(iii)   Employment of architects under § 4–117 of this article;
(iv)   Donations under § 4–118 of this article;
(v)   Condemnation under § 4–119 of this article;
(vi)   Consolidation of schools and transportation of students under § 4–120 of this article;
(vii)   Appointment and salary of a county superintendent under §§ 4–201 and 4–202 of this article;
(viii)   Employee discipline and other appeals under § 4–205(c) of this article;
(ix)   Budgetary matters under Title 5 of this article;
(x)   Appointment and promotion of staff under § 6–201 of this article;
(xi)   Discipline of certificated staff under § 6–202 of this article;
(xii)   Collective bargaining for certificated employees under Title 6, Subtitle 4 of this article;
(xiii)   Collective bargaining for noncertificated employees under Title 6, Subtitle 5 of this article; and
(xiv)   Student suspension and expulsion under § 7–305 of this article.
(8)   The student member may not receive compensation but, after submitting expense vouchers, shall be reimbursed for out–of–pocket expenses incurred in connection with official duties, in accordance with the procedures and regulations established by the county board.
(g)   Passage of a motion by the county board requires the affirmative vote of:
(1)   Five members if the student member is authorized to vote; or
(2)   Four members if the student member is not authorized to vote.
(h)    (1)   The State Board may remove a member of the county board for:
(i)   Immorality;
(ii)   Misconduct in office;
(iii)   Incompetency; or
(iv)   Willful neglect of duty.
(2)   Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
(3)   If the member requests a hearing within the 10–day period:
(i)   The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and
(ii)   The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
(4)   A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Howard County.