Details on the School Disciplinary Process - Suspensions and Expulsions

Here is more detail on what Maryland law says about discipline at school.  You can find the exact language of the law in the regulations called COMAR (or Code of Maryland Administrative Regulations).

You may first want to read an overview.

"Short-term Suspension" - A suspension of less than 10 consecutive school days for regular and special education students.

• First a principal or vice-principal will meet with the student to explain why s/he is being suspended.
• Within 3-5 days, another meeting will be held between the principal, the student and the parents regarding the suspension.

Note for Special Education Students:  If school policy does not provide education services to regular education students during this suspension, then special education students are also not entitled to education services during a short-term suspension.

However, if a special education student is subject to a series of short term suspensions (during the school year), this may constitute a change of placement. If this is suspected, then see the procedures below for suspensions of special education students for more than 10 days.

A Suspension of More than 10 Consecutive School Days - Regular education students.

• A meeting will be held between the principal, student and parents regarding the suspension, and the principal will make a recommendation to the person chosen by the Superintendent.
• Within 10 days of the student’s first removal from school, a meeting will be held between the person chosen by the Superintendent, the student and the parents. If this meeting is not held within the first 10 days, the suspension must be rescinded. (This means the child may go back to school.)
• Notice of the meeting with the person chosen by the Superintendent must be in writing.  It must inform the parents and student of the charges and the policy allegedly violated.
• Parents and student have the right to have witnesses present and to bring and advocate / attorney to the meeting.

As you prepare for the meeting, parents should know that the person chosen by the Superintendent will make a decision whether the student will be suspended for a long term or expelled.  At this hearing evidence will be presented.

Appeal Rights:  Parents have the right to appeal the decision.  You must do so within 10 days of the decision. The appeal must be in writing and sent to the School Board.

In the Counties, the School Board will hold a hearing regarding the long-term suspension or expulsion usually within 30 days.

Baltimore City has a different appeal process. Suspension appeals are heard by a principal or vice-principal from another school.  Expulsion appeals are in front of a hearing officer chosen by the school board.  S/he who makes recommendations to the Board.

If the parents disagree with the School Board decision, then they may appeal within 30 days to the State Board of Education. Parents may also appeal to county Circuit Court.  

Date of last legal review: 01/15/08 (PLL/M.A.J.)

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