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A 16-year-old at a high school in Frederick County is sent home after a fight in the cafeteria. The principal says it is a suspension, and the family wonders how long it can last and who decides. In Maryland, the answer is in the Education Article of the state code, and it is more specific than many families expect.
Who has to be in school, and how suspensions work
Maryland requires every child who lives in the state and is 5 or older but under 18 to attend school regularly for the whole school year, unless an exception applies, such as receiving regular instruction at home.
A principal may suspend a student for up to 10 school days. During the suspension, the student or a parent must promptly get a conference with the principal, plus a list of community resources from the county board. A student cannot be suspended or expelled only for attendance problems, though an in-school suspension is still allowed.
The U.S. Supreme Court set the national floor in Goss v. Lopez (1975): before even a short suspension, a public school must tell the student what they are accused of and let them tell their side. Tell your side. You are allowed to.
Longer suspensions, expulsion, and the youngest students
Only the county superintendent can suspend a student for more than 10 school days or expel them. The principal must report it in writing, the superintendent's office must investigate, and then it must hold a conference with the student and parent. If the longer penalty stands, the family may appeal to the county board of education within 10 days. At that hearing the student may bring a lawyer and witnesses. The hearing is private unless the family asks for it to be public. The student stays out of school while the appeal is pending, and under this law the county board's decision is final.
Maryland gives its youngest students extra protection. A child in pre-K, kindergarten, first grade, or second grade may not be suspended or expelled, with two exceptions: expulsion when federal law requires it, or a suspension of no more than 5 school days when a school psychologist or other mental health professional agrees there is an imminent threat of serious harm. The school must then give the child support, such as a behavior plan.
Bullying reports and student journalists
Every county board in Maryland must have a written policy against bullying, harassment, or intimidation, based on a state model, and publish it in the student handbook and on its website. The model procedures say a school should notify the parent of the student who was targeted within 3 business days of a report, and the parent of the accused student within 5 business days. Retaliating against someone who reports is prohibited.
Maryland also has a student-press law. In school-sponsored media, such as the school newspaper, student journalists decide the content, and a county board generally may not censor it in advance. The exceptions are narrow: material that is libelous (false and harmful to someone's reputation), an unwarranted invasion of privacy, illegal, or likely to cause serious disruption. A student cannot be disciplined for exercising these rights.
Where to look and who to contact
Start with your county's student handbook and code of conduct, which set the local rules inside the state law. For a suspension over 10 days or an expulsion, write down the date of the superintendent's decision: the 10-day appeal clock starts there.
For bullying, each county policy must list a chain of command for reports and name a contact person at the Maryland State Department of Education (MSDE, the state education agency) who knows that county's process. Use that contact if the school does not respond.
À retenir
- Maryland students must attend school from age 5 until 18, unless an exception applies.
- A principal can suspend for up to 10 school days; anything longer goes through the superintendent, with a 10-day window to appeal to the county board.
- Students in pre-K through second grade can be suspended only for up to 5 days, and only for an imminent threat of serious harm.
- Your county's bullying policy must name an MSDE contact; student journalists are protected from most advance censorship.
Sources
- Maryland General Assembly: Education Article, 7-305 (suspension and expulsion) (s'ouvre dans un nouvel onglet)
- Maryland General Assembly: Education Article, 7-305.1 (pre-K through grade 2) (s'ouvre dans un nouvel onglet)
- Maryland General Assembly: Education Article, 7-424.1 (bullying policies) (s'ouvre dans un nouvel onglet)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (s'ouvre dans un nouvel onglet)
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