Maryland - Disciplinary Due Process: Program Requirement

Area: 
Program Requirement
Policy Type: 
Regulation
Summary: 

State law provides comprehensive assurances of due process for students facing disciplinary action.

2017 Code of Maryland 13A.08.01.11 Disciplinary Action.

(4) Suspension for More than 10 Days or Expulsion.

  • (a) At the request of a principal, a local superintendent or the designated representative may suspend a student for more than 10 school days or expel the student.
  • (b) Upon receipt of a written report from a principal requesting an extended suspension or expulsion, the local superintendent or designated representative promptly shall make a thorough investigation of the matter.
  • (c) If after the investigation the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the superintendent or designated representative promptly shall arrange a conference with the student and the students parent or guardian.
  • (d) The process described in § C(3)(a)--(c) of this regulation shall be completed by the 10th school day of the initial suspension. If additional time is necessary to complete the process, either because of delays due to parent or guardian unavailability or due to the complexity of the investigation, the student shall be allowed to return to school, unless the local superintendent or designated representative determines that the students return to school would pose an imminent threat of serious harm to other students or staff.
  • (e) If the student is not allowed to return to school after the 10th day, the superintendent or designee shall notify the student and the parent or guardian within 24 hours and provide the reasons for the delay in the process and the denial of reentry and send a copy of the notice to the State Superintendent of Schools;
  • (f) If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the students parent or guardian may appeal to the local board within 10 days after the determination.
  • (g) If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 days from the date the appeal was received to hear the appeal and issue a decision, as follows:
    • (i) This timeline period may be extended if the parent, guardian, or his/her representative requests additional time; and
    • (ii) This timeline shall also apply in the event that the local board elects to use a hearing examiner.
  • (h) If due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 days, it may petition the State Superintendent for an extension of time.
  • (i) The student or the students parent or guardian or representative:
    • (i) Shall be provided the school systems witness list and a copy of the documents that the school system will present at the hearing 5 days before hearing; and
    • (ii) May bring counsel and witnesses to the hearing.
  • (j) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board.
  • (k) The appeal to the local board does not stay the decision of the county superintendent.
  • (l) The decision of the local board is final.
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