§ 38–2651. State Board of Education; establishment; membership.

(a)(1) There is established a State Board of Education (“Board”) consisting of 9 members. Four members shall be appointed by the Mayor and confirmed by the Council. Five members shall be elected. Four of the 5 elected members shall be elected from the 4 school districts created pursuant to subsection (c) of this section. One member shall be elected at-large as the President of the Board.

(2) Upon the repeal of §§ 1-204.52 and 1-204.95, the members of the Board of Education established pursuant to § 1-204.95 shall serve as the initial State Board of Education established by this chapter until noon, January 2, 2009.

(b) Beginning at 12:01 p.m. on January 2, 2009, the Board shall consist of 9 elected members. One member shall be elected from each of the 8 school election wards created pursuant to § 1-1011.01 and one member shall be elected at-large. The Board shall select its president from among the 9 members of the Board.

(c) The 4 school districts for the election of Board members, as described in subsection (a)(1) of this section, shall be comprised of the 8 election wards created pursuant to § 1-1011.01:

(1) Wards 1 and 2 shall comprise School District I;

(2) Wards 3 and 4 shall comprise School District II;

(3) Wards 5 and 6 shall comprise School District III; and

(4) Wards 7 and 8 shall comprise School District IV.

(d)(1) Except as provided in paragraph (3)(B) of this subsection, the term of office of a member of the Board, including the at-large member, shall be 4 years.

(2) Members may receive compensation at a rate fixed by the Council, which shall not exceed the amount provided for in § 1-611.10.

(3)(A) The term of office of a member elected in a general election shall commence at 12:01 p.m. on January 2 of the year following the election. The term of office of an incumbent member shall expire at noon, January 2 of the year following the general election.

(B) The initial terms of the members of the Board elected in the general election in November 2008 shall be as follows:

(i) The 4 members elected from Wards 1, 3, 5, and 6 shall serve 2- year terms, ending at noon, January 2, 2011.

(ii) The 4 members elected from Wards 2, 4, 7, and 8 and the member elected at-large shall serve 4-year terms, ending at noon, January 2, 2013.

(e)(1) Each member of the Board, including the at-large member, shall:

(A) Be a qualified elector, as that term is defined in § 1-1001.02, and, except for the at-large member, reside within the school election ward he or she represents;

(B) Satisfy the residency requirement set forth in § 1-1001.08(b);

(C) Not hold another elective office, other than as an official of a political party, as described in § 1-1001.01(1) through (4); and

(D) Not be an officer or employee of:

(i) The Board; or

(ii) With the exception of employees of the District of Columbia Public Schools, the District of Columbia government.

(2) A member shall forfeit the member's office upon failure to maintain the requirements of this subsection.

(f) The election of the members of the Board shall be conducted on a nonpartisan basis and in accordance with subchapter I of Chapter 10 of Title 1 [§ 1-1001.01 et seq.].

(g) If a member of the Board dies, resigns, or otherwise becomes unable to serve or a member-elect fails to take office, the vacancy shall be filled as provided in § 1-1001.10(e) and (g).