PUBLIC EDUCATION. 951

Schools by and with the approval of the Governor, may remove any mem-
ber of a board appointed under the provisions of this section for immoral-
ity, misconduct in office, incompetency or wilful neglect of duty, giving to
him a copy of the charges against him, and an opportunity of being pub-
licly heard in person or by counsel, in his own defense, upon not less than
ten day'¹ notice. If any member of a county board shall be removed, the
State Superintendent of Schools shall file in the office of the Clerk of the
Circuit Court for the County for which the member was appointed, if the
member so requests, a complete statement of all charges made against such
member, and his findings thereon, together with a complete record of the
proceedings. Vacancies on any of the county boards for any cause shall be
filled by the Governor for the unexpired term, and until a successor shall
qualify. Any member of a county board shall be eligible for reappoint-
ment, unless otherwise disqualified by the provisions of this section.

Chapter 3. State Board of Education.

11.

This section referred to in construing sec. 152—see notes thereto. Williams
v. Fitzhugh, 147 Md. 386.

This section does not authorize the county superintendent or State Board of
Education to determine legal effect of a contract between an agency of the
school system and an individual for the performance of a specified duty. Board
of Education v. Cearfoss, 165 Md. 186.

By-law of State Board setting minimum requirement for certificates to be
granted teachers under secs. 27. 28, S3 and So was valid exercise of discretion
under this section. Metcalf v. Cook. Daily Record. April 17, 1935.

12.

This section referred to in constrains sec 152—see notes thereto. Williams
v. Fitzhugh, 147 Md. 386.

Chapter 3A. State Superintendent of Schools.

27.

See notes to sec. 11.

28.

See notes to sec. 11.

An. Code, 1924, sec. 36. 1912. sec. 21B. 1916. ch. 506. sec. 21B. 1920, ch. 489.
1929, ch. 152. sec. 36. 1931. ch. 159. sec. 36.

36. The State Superintendent of Schools, subject to the rules and regu-
lations of the State Board of Education, shall direct the taking of a
biennial school census of all the children in the counties of the State be-
tween the ages of 5 and 18 years inclusive, said census to be taken first in
the year 19. 22 and every two years thereafter. The State Superintendent of
Schools may cause the whole or any part of the school census of the City
of Baltimore, or of any county, to be retaken at any time, if in his judg-
ment the whole or any part of such census has not been properly or cor-

¹ Evidently a typographical error.