Suspensions, bullying reports, and student press rights in Maryland schools

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.

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.

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.