Overview 

This article summarizes school discipline procedures under Maryland law. Procedures and policies may vary by county. Check your local school handbook to see if special rules apply in your county. There are also special rules for special education students. Learn more about school disciplinary procedures for special education students.  

There are multiple types of disciplinary actions, including in-school suspensions, out-of-school suspensions, and expulsions. Corporal punishment may NOT be used to discipline a student in a Maryland public school. 

NOTE: To enhance readability, this article uses the term "parents" to refer to all parents and guardians of a student.

Read the Law: Md. Code, Education § 7-305

Read the regulations: Code of Md. Regulations 13A.08.01.11

Topic on this page:

• Pre-K, Kindergarten, First Grade, and Second Grade Students
• In-School Suspension
• Short Suspension of Fewer than 10 Days
• Suspension of More than 10 School Days or Expulsion
• Appeal Rights 

Pre-K, Kindergarten, First Grade, and Second Grade Students 

There are strict limits on suspending or expelling a student who is in second grade or below. With limited exceptions, students in these grades may not be suspended or expelled from school. Suspensions or expulsions are only allowed when:

• Federal law requires expulsion.
  • The Gun-Free Schools Act of 1994 mandates the expulsion of students who bring a firearm to school, regardless of their age or grade level. This could result in the expulsion under certain circumstances.
• The student poses an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through intervention or supports.  
  • The determination of the threat posed by the student must be made in consultation with a school psychologist or other mental health professional. A school may not suspend the student for more than 5 school days per incident.  

If a student is suspended or expelled, the principal or school administration must promptly contact the student’s parent. 

Schools must provide intervention and support services. Intervention is necessary if a student is suspended or their disruptive behavior could lead to suspension. Intervention and support services include:

• Positive behavior interventions and supports;
• A behavior intervention plan;
• A referral to a student support team;
• A referral to an individualized education program team; and
• A referral for appropriate community-based services.

Schools must also remedy the impact of a student's behavior on other students and staff. Intervention methods that may include restorative practices.

Read the Law: Md. Code, Education § 7-305.1

Read the regulations: Code of Md. Regulations 13A.08.01.11

In-School Suspension 

An in-school suspension is the removal of a student from their regular education setting. During an in-school suspension, the student is removed to another setting within the school building. 

Before an in-school suspension takes place, the student must be informed of the reason(s) for the suspension. Students must have an opportunity to explain their side of the story. The principal must provide the student’s parent with written notice of the in-school suspension. 

During the suspension, the school must continue to educate the student and help the student make progress in their schoolwork during the suspension. After 10 days of in-school suspension (if the suspension lasts that long), the principal must meet with the student and their parents to discuss the situation. 

Also, as part of the in-school suspension, the local school system must develop and implement a behavior program of positive interventions to address the causes of the misbehavior. 

An in-school removal is not considered a day of suspension if the following actions occur: 

• the student has the opportunity to continue to appropriately progress in the general curriculum;
• for students receiving special education and related services, the student has the opportunity to receive the special education and related services included on the student’s individualized education program IEP;
• the student receives instruction comparable to that of students in the regular classroom; and
• to the extent that it’s appropriate, the student participates with their peers as they would in their current program. 

The school handbook should have information about whether a student can participate in extracurricular activities if they are serving an in-school suspension. 
 

Read the Law: Md. Code, Education § 7-305

Read the regulations: Code of Md. Regulations 13A.08.01.11

Short Suspension of Fewer than 10 Days 

Teachers may discipline students but cannot remove them from school.  Only the principal may suspend a child from school. The principal cannot do so for more than 10 days on their own. Suspensions for more than 10 days require approval by the school superintendent. 

The process usually begins when a teacher takes the student to the principal's office. The principal or vice-principal will meet with the student to explain why they are being suspended. The student must be given a chance to explain their side of the story. 

Within the first few days, the principal will meet with the student and parents regarding the suspension. At or before this conference, the school must provide oral or written notice of the charges against the student. The student should calmly meet with the principal to try and resolve the issue. The student should also dress and act professionally during the meeting.  At the conclusion of the conference the principal may: 

• let the student return to school;
• ask the superintendent to suspend the student for a longer time; or
• ask the superintendent to expel the student. 

Most school districts have an appeals process for short suspensions. Check your local school system’s procedures for more information. Students who receive short-term suspensions must have the opportunity to complete the academic work they missed during the suspension period without penalty. The process and procedures for suspended students receiving missed assignments, completing missed assignments, and making up tests must be treated like makeup similar to other excused absences. 
 

Read the regulations: Code of Md. Regulations 13A.08.01.11

Suspension of More than 10 School Days or Expulsion 

Only the superintendent of the local school system may expel a student, or suspend a student for more than 10 school days in a row. The principal may not do so on their own.  The superintendent can delegate this authority.

A meeting will be held between the principal, student, and parents regarding the suspension. If the principal feels the student should be expelled or suspended for more than 10 days, the principal must write a report to the superintendent’s office. The student should get a copy of the report. The superintendent’s office will investigate. Meanwhile, the student will usually be serving the short-term 10 day suspension discussed above. 

Before that 10-day suspension is over, the superintendent will meet with the student and their parents. If this meeting is not held within the first 10 days, the student may go back to school unless the superintendent thinks the student may cause serious harm. If the student is not allowed to return to school after the 10th day, then the superintendent must notify the student and parents of the reasons for the delay and denial of reentry. 

If the superintendent’s office finds that the suspension or expulsion is warranted, the superintendent will arrange a conference with the student and the student’s parents. The superintendent’s office must inform the parents and student of the charges and the policy that the student allegedly violated. Parents and student have the right to bring a lawyer 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 longer term or expelled. If the student is suspended for longer than 10 days or expelled from school they will either:

• be placed in an alternative education program or
• receive daily class work from their teachers which will be reviewed every week and then returned to the students. 
   

Read the regulations: Code of Md. Regulations 13A.08.01.11

Appeal Rights 

The parents and student have the right to appeal the superintendent’s decision for the extended suspension or expulsion. 

• You must do so within 10 days of the decision.
• The appeal must be in writing and sent to your local school board.
• The school board will hold a hearing regarding the long-term suspension or expulsion usually within 30 days and, at most, within 45 days. This timeline may be extended if the parents asks for additional time.  
• Sometimes the school board will choose a hearing officer to listen to the evidence and make a decision.  If that is the case, the student or parents may usually appeal the hearing officer’s decision to the school board.
• Unless a parent requests a public hearing, only individuals who the school board considers necessary or desirable to attend will be at the hearing.
• The appeal to the local school board does not halt the superintendent’s suspension or expulsion decision pending the appeal results.
• The local school board’s decision is final. 

Read the regulations: Code of Md. Regulations 13A.08.01.11