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*hb0828*
HOUSE BILL 828
F1 (6lr3078)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment —
Introduced by Delegate Ebersole
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
State Board of Education – Membership – Educational Support Member 2
Employee of a County Board of Education 3
FOR the purpose of altering the membership of the State Board of Education to include an 4
educational support member; providing for the qualifications, term, powers, and 5
election of the new member; authorizing the Governor to appoint as a member of the 6
State Board of Education an individual who is an employee of a county board of 7
education under certain circumstances; altering the number of members required to 8
affirmatively vote for the State Board to take an action on certain matters; and 9
generally relating to the membership of the State Board of Education. 10
BY repealing and reenacting, with amendments, 11
Article – Education 12
Section 2–202 and 2–204 13
Annotated Code of Maryland 14
2 HOUSE BILL 828
(2025 Replacement Volume and 2025 Supplement) 1
SECTION 1. BE IT ENACTED BY THE G ENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Education 4
2–202. 5
(a) The State Board consists of 13 regular members, and 1 student member, 6
appointed by the Governor with the advice and consent of the Senate. 7
(b) (1) In making appointments to the State Board, the Governor shall 8
consider representation from: 9
(i) All parts of this State; and 10
(ii) Areas of this State with concentrations of population or unique 11
needs. 12
(2) Except as provided in paragraphs (4) thr ough [(6)] (7) of this 13
subsection, the members of the Board shall be appointed from the general public. 14
(3) The following individuals may not be appointed to the Board: 15
(i) Except for the teacher member , EDUCATIONAL SUPPORT 16
MEMBER, A MEMBER WHO IS AN EMPLOYEE OF A COUNTY BOARD APPOINTED UNDER 17
PARAGRAPH (5) OF THIS SUBSECTION , and student member, any individual who is 18
subject to the authority of the Board; 19
(ii) The Governor; and 20
(iii) The State Superintendent. 21
(4) (i) Of the 13 regular mem bers of the State Board, one regular 22
member shall be a certified teacher who is actively teaching. 23
(ii) The Governor shall appoint the teacher member, with the advice 24
and consent of the Senate, who received the highest number of votes after an election by 25
teachers in the State. 26
(iii) The Department shall provide notice of a teacher member 27
vacancy on the State Board to: 28
1. All certified teachers who are actively teaching in the 29
State; and 30
HOUSE BILL 828 3
2. All teachers’ organizations representing teachers in the 1
State for purposes of collective bargaining. 2
(iv) 1. The election shall be conducted under regulations that the 3
Department adopts. 4
2. The Department may consult with the State Retirement 5
Agency of the Maryland State Retirement and Pension System to conduct the election 6
required under this subparagraph. 7
(v) The teacher member may attend and participate in an executive 8
session of the State Board. 9
(vi) The teacher member may not vote on any matter that relates to 10
appeals to the State Board under § 6–202 of this article. 11
(5) (I) OF THE 13 REGULAR MEMBERS OF THE STATE BOARD, ONE 12
REGULAR MEMBER SHALL BE AN EDUCATIO NAL SUPPORT PROFESSI ONAL WHO IS 13
ACTIVELY WORKING IN A PUBLIC SCHOOL AS A NONCERTIFICATED, 14
NONSUPERVISORY PUBLI C SCHOOL EMPLO YEE DESIGNATED AS PA RT OF A 15
BARGAINING UNIT UNDER TITLE 6, SUBTITLE 5 OF THIS ARTICLE. 16
(II) THE GOVERNOR SHALL APPOIN T THE EDUCATIONAL 17
SUPPORT MEMBER , WITH THE ADVICE AND CONSENT OF THE SENATE, WHO 18
RECEIVED THE HIGHEST NUMBER OF VOTES AFTER AN ELECTION BY EDUCATIONAL 19
SUPPORT PROFESSIONALS IN THE STATE. 20
(III) THE DEPARTMENT SHALL PROV IDE NOTICE OF AN 21
EDUCATIONAL SUPPORT MEMBER VACANCY ON THE STATE BOARD TO: 22
1. ALL EDUCATIONAL SUPPO RT PROFESSIONALS WHO 23
ARE ACTIVELY WORKING IN A PUBLIC SCHOOL A S A NONCERTIFICATED, 24
NONSUPERVISORY PUBLI C SCHOOL EMPLOYEE DE SIGNATED AS PART OF A 25
BARGAINING UNIT UNDER TITLE 6, SUBTITLE 5 OF THIS ARTICLE IN THE STATE; AND 26
2. ALL EDUCATIONAL SUPPO RT PROFESSIONALS ’ 27
ORGANIZATIONS REPRESENTING EDUCATIONAL S UPPORT PROFESSIONALS IN THE 28
STATE FOR PURPOSES OF COLLECTIVE BARGAINING. 29
(IV) THE ELECTION SHALL BE CONDUCTED UNDER 30
REGULATIONS THAT THE DEPARTMENT ADOPTS MAY BE AN EMPLOYEE OF A COUNTY 31
BOARD WHO IS NOT THE TEACHER MEMBER APPOINTED UNDER PARAGRAPH (4) OF 32
THIS SUBSECTION. 33
4 HOUSE BILL 828
(II) NOT MORE THAN TWO REG ULAR MEMBERS OF THE STATE 1
BOARD MAY BE EMPLOYEES OF A COUNTY BOARD AT ANY GIVEN TIME. 2
(III) A REGULAR MEMBER WHO I S AN EMPLOYEE OF A C OUNTY 3
BOARD MAY NOT BE A COUNTY SUPERINTENDENT. 4
(V) (IV) THE EDUCATIONAL SUPPORT MEMBER A REGULAR 5
MEMBER WHO IS AN EMPLOYEE OF A COUNTY BOARD MAY ATTEND AND PARTICIPATE 6
IN AN EXECUTIVE SESSION OF THE STATE BOARD. 7
(VI) (V) THE EDUCATIONAL SUPPO RT MEMBER A REGULAR 8
MEMBER WHO IS AN EMPLOYEE OF A COUNTY BOARD WHO IS A CERTIFICATED PUBLIC 9
SCHOOL EMPLOYEE UNDER TITLE 6, SUBTITLE 4 OF THIS ARTICLE MAY NOT VOTE 10
ON ANY MATTER THAT RELATES TO APPEALS TO THE STATE BOARD UNDER § 6–202 11
OF THIS ARTICLE. 12
(VI) A REGULAR MEMBER WHO I S AN EMPLOYEE OF A C OUNTY 13
BOARD WHO IS A NONCERTIFICATED, NONSUPERVISORY PUBLIC SCHOOL EMPLOYEE 14
UNDER TITLE 6, SUBTITLE 5 OF THIS ARTICLE MAY NOT VOTE ON ANY APPE ALS TO 15
THE STATE BOARD OF A DISMISSAL OR DISCIPLINARY ACTI ON OF PERSONNEL 16
UNDER § 4–205 OF THIS ARTICLE. 17
[(5)] (6) (i) Of the 13 regular members of the State Board, one regular 18
member shall be the parent of a student enrolled in a public school in the State. 19
(ii) The Governor shall appoint the parent member, with the advice 20
and consent of the Senate, from a list of three qualified indi viduals submitted to the 21
Governor by the Maryland PTA. 22
(iii) The Department shall provide notice of the parent member 23
vacancy on the State Board to the Maryland PTA. 24
(iv) The parent member may attend and participate in an executive 25
session of the State Board. 26
[(6)] (7) The student member shall be selected by the Governor from a list 27
of 2 persons nominated by the Maryland Association of Student Councils. 28
(c) (1) The student member shall be: 29
(i) A regularly enrolled student; and 30
(ii) In good standing in a public high school in the State. 31
HOUSE BILL 828 5
(2) The student member may attend and participate in an executive 1
session of the Board. 2
(3) The student member may not vote on any matter that relates to: 3
(i) The dismissal of or other disciplinary action involving personnel; 4
or 5
(ii) Appeals to the State Board under § 2 –205 of this subtitle or § 6
4–205 or § 6–202 of this article. 7
(d) (1) Each regular member serves for a term of 4 years and until a successor 8
is appointed and qualifies. These terms are staggered as required by the terms of the 9
members serving on the State Board as of July 1, 1989. 10
(2) The Governor shall appoint a new member to fill any vacancy on the 11
Board for the remainder of that term and until a successor is appointed and qualifies. 12
(3) A member is eligible for reappointment but may not serve for more than 13
two full 4–year terms. 14
(4) The student member shall serve for a term of 1 year. A student member 15
is eligible for reappointment but may not serve more than two full 1–year terms. 16
2–204. 17
(a) (1) Each year, the State Board shall hold: 18
(i) A meeting in July; and 19
(ii) At least three other regular meetings. 20
(2) The Board may hold special meetings as necessary. 21
(b) (1) At the annual Board meeting in July, the State Board shall select a 22
president and a vice president from among its members. 23
(2) A member may not serve for more than 4 years as president. 24
(c) (1) The State Superintendent is the Chief Executive, Secretary, and 25
Treasurer of the State Board. 26
(2) [He] THE STATE SUPERINTENDENT shall attend each meeting of the 27
Board and of its committees, except when [his own ] THE tenure, salary, or the 28
administration of [his] THE STATE SUPERINTENDENT’S office are under consideration. 29
6 HOUSE BILL 828
(3) [He] THE STATE SUPERINTENDENT may advise the Board on any 1
question under consideration, but may not vote. 2
(d) A member of the State Board serves without compensation but is entitled to 3
reimbursement for expenses in accordance with the Standard State Travel Regulations. 4
(e) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 5
SUBSECTION, THE affirmative vote of a majority of the members then serving on the State 6
Board is required for any action by the Board. 7
(2) IN MATTERS CONSIDERED BY THE STATE BOARD FOR WHICH A 8
MEMBER IS PROHIBITED IN LAW FROM VOTING , AN AFFIRMATIVE VOTE OF A 9
MAJORITY OF THE MEMBERS THEN SERVING WHO ARE AUTHORIZED TO VOTE ON THE 10
MATTER IS REQUIRED FOR ACTION BY THE BOARD. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2026. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.