1. A. The name of an eligible teacher shall be placed on the ballot as a candidate if the Department certifies that they have met the criteria set by this regulation.

2. B. Eligibility Requirements. To be placed on the ballot, a teacher:

   1. (1) Shall be a resident of Maryland;
   2. (2) Shall be certified to teach in Maryland;
   3. (3) Shall be actively teaching in a public or nonpublic school in Maryland;
   4. (4) Shall have been actively teaching for at least 5 years;

   5. (5) May not have:

      1. (a) Had a certificate suspended or revoked by the Department; or
      2. (b) Been convicted of or entered a plea of guilty or nolo contendere for any criminal violation other than a minor traffic offense;
   6. (6) Shall be current on all federal, state, or local debt, without any delinquencies for income, property, or other taxes;
   7. (7) Shall provide all of the information required by the nomination form; and
   8. (8) Shall complete an ethics disclosure form.

3. C. Nomination Form.

   1. (1) A teacher shall submit a complete nomination form in order to be considered for placement on the ballot.
   2. (2) Teachers shall only nominate themselves as candidates.

   3. (3) All nomination forms shall include the following:

      1. (a) The teacher’s name, current school, and assignment area;
      2. (b) The teacher’s mailing address, email address, and phone number;
      3. (c) A brief biography of not more than 500 words and a resume, which shall include the teacher’s prior teaching assignment or assignments and the length of time at each;
      4. (d) A personal statement of not more than 500 words explaining why the teacher should be elected to the State Board of Education;
      5. (e) Confirmation from the human resources director, or equivalent position, of the teacher’s current school verifying that the teacher is actively teaching and has completed a criminal background check;

      6. (f) Three letters of support, not from an immediate family member, recommending the teacher for election to the State Board of Education, which may be from any combination of the following:

         1. (i) An administrator at the teacher’s current or former school;
         2. (ii) A teacher at the teacher’s current or former school; or
         3. (iii) A parent of a current or former student;
      7. (g) Documentation showing that a letter from the teacher to the local school system superintendent or head of a nonpublic school’s legal authority was submitted informing them of their intent to nominate themselves to serve on the State Board of Education; and
      8. (h) A completed ethics disclosure form.
4. D. The Department shall provide teachers with at least 30 days in which to submit a nomination form after the Department sends notice of a teacher member vacancy.

5. E. Selection or Rejection as Candidate.

   1. (1) The Department shall add a teacher’s name as a candidate to the election ballot if the teacher meets all of the eligibility requirements and submits all of the information required by the nomination form.
   2. (2) The Department shall reject teachers as candidates if they fail to meet the eligibility requirements or fail to submit all of the information required by the nomination form.
   3. (3) Upon request of a teacher, the Department shall provide the teacher the reasons for rejecting the teacher as a candidate for election.

   4. (4) The name of a candidate shall be removed from the election ballot if:

      1. (a) The teacher requests in writing that the teacher’s name be withdrawn;
      2. (b) A local school system, a nonpublic school, or the Department files charges against the teacher’s certificate;
      3. (c) The teacher is arrested for a cause that could lead to the suspension or revocation of the teacher’s certificate;
      4. (d) The teacher no longer holds a certificate in the State;
      5. (e) The teacher is no longer actively teaching in the State; or
      6. (f) The teacher has made false statements or presented false documents in connection with the teacher’s nomination.
   5. (5) The Department’s determination of whether a teacher shall be added, removed, or rejected as a candidate on the election ballot shall be final.

6. F. Only One Eligible Teacher as Candidate. If the Department certifies that only one eligible teacher qualifies as a candidate, the Department shall:

   1. (1) Forward the name of the single candidate to the Governor for appointment; and
   2. (2) Notify all certified teachers in the State of the cancelation of the election and the name of the teacher member-elect.

7. G. No Eligible Teacher as Candidate. If the Department is unable to certify any teachers as candidates, the Department shall:

   1. (1) Cancel the election; and
   2. (2) Prepare a new election schedule.

8. H. More than 25 Eligible Candidates.

   1. (1) If more than 25 teachers meet the qualifications to be placed on the ballot as candidates, the Department shall automatically schedule two rounds of voting.
   2. (2) The first round of voting shall include all candidates who meet the requirements to be placed on the ballot.
   3. (3) The second round of voting shall include the five candidates who received the most votes during the first round of voting.
   4. (4) The candidate who receives the most votes after the second round of voting shall win the election.

Authority: Education Article, §§2-205, 6-122, and 6-704, Annotated Code of Maryland

Regulations .01—.07 adopted as an emergency provision effective October 24, 2019 (46:23 Md. R. 1062); adopted permanently effective March 23, 2020 (47:6 Md. R. 342)