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

Article - Education
(a)    (1)   This section does not apply to Baltimore City.
(2)   Subsections (b), (c), (d), and (f) of this section do not apply in Prince George’s County.
(3)   Subsections (b)(2) and (3) of this section do not apply in Washington County.
(b)    (1)   The term of a county superintendent is 4 years beginning on July 1. A county superintendent continues to serve until a successor is appointed and qualifies.
(2)   By February 1 of the year in which a term ends, the county superintendent shall notify the county board whether the superintendent is a candidate for reappointment.
(3)   In the year in which a term begins, the county board shall appoint a county superintendent between February 1 and June 30. However, if the county board decides to reappoint the incumbent superintendent, the county board shall take final action at a public meeting no later than March 1 of that year.
(4)   If a county board is unable to appoint a county superintendent by July 1 of a year in which a term begins, the provisions of subsection (d) of this section apply.
(c)    (1)   An individual may not be appointed as county superintendent unless he:
(i)   Is eligible to be issued a certificate for the office by the State Superintendent;
(ii)   Has graduated from an accredited college or university; and
(iii)   Has completed 2 years of graduate work at an accredited college or university, including public school administration, supervision, and methods of teaching.
(2)   The appointment of a county superintendent is not valid unless approved in writing by the State Superintendent.
(3)   If the State Superintendent disapproves an appointment, he shall give his reasons for disapproval in writing to the county board.
(d)   If a vacancy occurs in the office of county superintendent, the county board shall appoint an interim county superintendent who serves until July 1 after his appointment.
(e)    (1)   The State Superintendent may remove a county superintendent for:
(i)   Immorality;
(ii)   Misconduct in office;
(iii)   Insubordination;
(iv)   Incompetency; or
(v)   Willful neglect of duty.
(2)   Before removing a county superintendent, the State Superintendent shall send the county superintendent a copy of the charges against the county superintendent and give the county superintendent an opportunity within 10 days to request a hearing.
(3)   If the county superintendent requests a hearing within the 10–day period:
(i)   The State Superintendent promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Superintendent sends the county superintendent a notice of the hearing; and
(ii)   The county superintendent shall have an opportunity to be heard publicly before the State Superintendent in the county superintendent’s own defense, in person or by counsel.
(f)   On notification of pending criminal charges against a county superintendent as provided under § 4–206 of this subtitle, the county board may suspend the county superintendent with pay until the final disposition of the criminal charges.