If a BOE vote is arbitrary, unreasonable or illegal, you can Appeal

Here is what parents, teachers, citizens and vendors need to know from the Code of Maryland (COMAR) if they wish to Appeal a decision of the Montgomery County Board of Education. 

13A.01.05.02

.02 Appeal Contents.

A. Contents. The request for an appeal shall:

(1) Specify the party or parties taking the appeal;

(2) Designate the decision or order for which review is requested;

(3) Contain a statement of the facts necessary to an understanding of the appeal;

(4) Contain the issues or charges for which the appeal is being taken;

(5) Contain reasons in support of the appeal;

(6) Contain a statement of the relief sought;

(7) Include any supporting documents, exhibits, and affidavits; and

(8) Include, if possible, a copy of the order and opinion from which the appeal is sought.

B. Deadlines.

(1) Appeals.

(a) An appeal shall be taken within 30 calendar days of the decision of the local board or other individual or entity which issued the decision on appeal.

(b) The 30 days shall run from the later of the date of the order or the opinion reflecting the decision.

(2) The day of the decision of the local board may not be included in computing any period of time prescribed by these regulations.

(3) For appeals taken on or after April 1, 2011, an appeal shall be deemed to have been transmitted within the 30-day period of time permitted under §B(1) of this regulation if, before the expiration of the time, it has been:

(a) Delivered to the State Board; or

(b) Deposited in the United States mail, as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin.

(4) The last day of the period of time prescribed by this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day which is not a Saturday, Sunday, or State legal holiday.

(5) Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service upon the party of a notice or other paper and service is made by mail, 3 days shall be added to the prescribed period.

C. Acknowledgment. The State Board shall promptly acknowledge receipt of the appeal in writing and send a copy of an appeal involving a local school system to the local superintendent.

D. Petition for Declaratory Ruling.

(1) A party may file a petition for declaratory ruling by the State Board on the interpretation of a public school law or regulation of the State Board that is material to an existing case or controversy.

(2) The procedures in this chapter apply to the review of a petition for declaratory ruling.

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Maryland State Department of Education

200 West Baltimore Street

Baltimore, MD 21201

Phone:  410-767-0467 TTY/TDD:  410-333-6442 Fax:  410-333-2226 Email:  stateboard@msde.state.md.us

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.05 Standard of Review.

A. General. Decisions of a local board involving a local policy or a controversy and dispute regarding the rules and regulations of the local board shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the local board unless the decision is arbitrary, unreasonable, or illegal.

B. A decision may be arbitrary or unreasonable if it is one or more of the following:

(1) It is contrary to sound educational policy; or

(2) A reasoning mind could not have reasonably reached the conclusion the local board or local superintendent reached.

C. A decision may be illegal if it is one or more of the following:

(1) Unconstitutional;

(2) Exceeds the statutory authority or jurisdiction of the local board;

(3) Misconstrues the law;

(4) Results from an unlawful procedure;

(5) Is an abuse of discretionary powers; or

(6) Is affected by any other error of law.

D. The appellant shall have the burden of proof by a preponderance of the evidence.

E. State School Laws and Regulations. The State Board shall exercise its independent judgment on the record before it in the explanation and interpretation of the public school laws and State Board regulations.

F. Certificated Employee Suspension or Dismissal pursuant to Education Article, §6-202, Annotated Code of Maryland.

(1) The standard of review for certificated employee suspension and dismissal actions shall be de novo as defined in §F(2) of this regulation.

(2) The State Board shall exercise its independent judgment on the record before it in determining whether to sustain the suspension or dismissal of a certificated employee.

(3) The local board has the burden of proof by a preponderance of the evidence.

(4) The State Board, in its discretion, may modify a penalty.

G. Student Suspension and Expulsion.

(1) The decision of a local board in a student suspension and expulsion matter shall be final pursuant to Education Article, §7-305(c), Annotated Code of Maryland.

(2) The State Board may not review the merits of a student suspension or expulsion, but shall accept an appeal if there are specific factual and legal allegations of one or more of the following:

(a) The local board has not followed State or local law, policies, or procedures;

(b) The local board has violated the due process rights of the student; or

(c) The local board has acted in an unconstitutional manner.

(3) The State Board may reverse or modify a student suspension and expulsion if the allegations set forth in §G(2) of this regulation are proven true or if the decision of a local board is otherwise illegal as defined in §C of this regulation.

(4) The appellant shall have the burden of proof by a preponderance of the evidence.

H. Library Personnel Dismissal. An employment dismissal decision of a board of library trustees shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the board of library trustees unless the decision is arbitrary, unreasonable, or illegal.