Maryland — school discipline

The published process

Notice of charges and the hearing right before long-term exclusion

Before any suspension of up to ten days, the process is a conference, not a hearing: "The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period." and "At or before the conference, the student shall receive oral or written notice of the charges against him or her. If the student denies the charges, the student has the right to an explanation of the evidence supporting the charges and an opportunity to present the student's side of the story." (quoted above; COMAR 13A.08.01.11(C)(3)) The emergency case moves the notice rather than removing it, quoted above (COMAR 13A.08.01.11(C)(3)(d)). Before an extended suspension or expulsion, the superintendent likewise "If after the investigation the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the superintendent or designated representative promptly shall arrange a conference with the student and the student’s parent or guardian." (quoted above; COMAR 13A.08.01.11(C)(4)(c)), and Maryland puts a hard stop on the tenth day of the initial suspension, with a reporting duty attached to any delay (quoted above; COMAR 13A.08.01.11(C)(4)(d)–(e)). The word hearing itself does not appear in the regulation until the appeal stage: only once "If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the student’s parent or guardian may appeal to the local board within 10 days after the determination." does a hearing, before the local board, enter the process — quoted in the row below.

Services during exclusion

"In order to establish accountability and keep suspended or expelled students on track with classroom work, as is reasonably possible, each local board shall institute education services that at a minimum provide that:" "Each student suspended or expelled out-of-school who is not placed in an alternative education program shall receive daily classwork and assignments from each teacher, which shall be reviewed and corrected by teachers on a weekly basis and returned to the student; and" "Each principal shall assign a school staff person to be the liaison between the teachers and the various students on out-of-school suspension or expulsion and to communicate weekly about classwork assignments and school-related issues by phone or email with those out-of-school suspended/expelled students and their parents." (COMAR 13A.08.01.11(F)) For short-term suspensions specifically, the local board must instruct schools "To provide all students who receive short-term suspensions with the opportunity to complete the academic work they miss during the suspension period without penalty; and" and "To provide all students who receive short-term suspensions, and their parents or guardians, with the contact information for a school employee who will be responsible for ensuring that the requirement described in §G(1)(a) is met." (COMAR 13A.08.01.11(G)(1)) During in-school suspension, quoted above, the student's school of current enrollment must make provision for the student's education (COMAR 13A.08.01.11(C)(2)(e)).

The record made, and the appeal route

The regulation does not state that a record or transcript is kept of the conference at either the principal's or the superintendent's stage, or of the local board's hearing; that absence is the finding. The appeal itself runs on stated clocks: "If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the student’s parent or guardian may appeal to the local board within 10 days after the determination." (COMAR 13A.08.01.11(C)(4)(f)) "If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 days from the date the appeal was received to hear the appeal and issue a decision, as follows:" "This timeline period may be extended if the parent, guardian, or his/her representative requests additional time; and" and "This timeline shall also apply in the event that the local board elects to use a hearing examiner." (COMAR 13A.08.01.11(C)(4)(g)) If the board itself cannot meet that clock, "If due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 days, it may petition the State Superintendent for an extension of time." (COMAR 13A.08.01.11(C)(4)(h)) Before the hearing the family "Shall be provided the school system’s witness list and a copy of the documents that the school system will present at the hearing 5 days before hearing; and" and "May bring counsel and witnesses to the hearing." (COMAR 13A.08.01.11(C)(4)(i)) Unless a public hearing is requested by the parent or guardian of the student, "a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board." (COMAR 13A.08.01.11(C)(4)(j)) Two limits close the route: "The appeal to the local board does not stay the decision of the county superintendent." and "The decision of the local board is final." (COMAR 13A.08.01.11(C)(4)(k)–(l))

If the student has an IEP or Section 504 plan

The disability layer lives on this site's Maryland special education page. Maryland's own manifestation-determination regulation states that where a behavior is not found to be a manifestation of a disability, "The student may be disciplined in the same manner as students without disabilities, including a period of suspension or expulsion, as set forth in COMAR 13A.08.01.11C; and" and the IEP team then determines what services are necessary during the suspension or expulsion so the student can "Progress in the general curriculum; and" and "Advance toward achieving the goals of the student's IEP." (COMAR 13A.08.03.08(H))

The four rows above answer the questions an experienced adviser raises first, from the state's own regulation, or record that a question is not answered in it.

Timelines, as stated in the sources

All quoted; none calculated. From COMAR 13A.08.01.11 and COMAR 13A.08.03.08 as retrieved Sep 3, 2026.

The removal categories, by length: "“Short-term suspension” means the removal of a student from school for up to but not more than 3 school days for disciplinary reasons by the principal." "“Long-term suspension” means the removal of a student from school for a time period between 4 and 10 school days for disciplinary reasons by the principal." "“In-school suspension” means the removal within the school building of a student from the student's current education program for up to but not more than 10 school days in a school year for disciplinary reasons by the school principal." "“Extended suspension” means the exclusion of a student from a student’s regular program for a time period between 11 and 45 school days", and "“Expulsion” means the exclusion of the student from the student’s regular school program for 45 school days or longer" (COMAR 13A.08.01.11(B)(2)–(5), (9))

On the youngest-grades exception: a student in public prekindergarten through second grade may be "Suspended for not more than 5 school days per incident if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports." (COMAR 13A.08.01.11(C)(1)(b)(ii))

On in-school suspension: "After 10 days of cumulative in-school suspension, the student, the student's parents or guardian, and the principal shall confer." (COMAR 13A.08.01.11(C)(2)(d))

On a principal's suspension: "In accordance with the rules and regulations of the local board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal, except as provided in §C(1) of this regulation." (COMAR 13A.08.01.11(C)(3)(a))

On completing the process for a longer suspension or expulsion: "The process described in §C(3)(a)—(c) of this regulation shall be completed by the 10th school day of the initial suspension. If additional time is necessary to complete the process, either because of delays due to parent or guardian unavailability or due to the complexity of the investigation, the student shall be allowed to return to school, unless the local superintendent or designated representative determines that the student’s return to school would pose an imminent threat of serious harm to other students or staff." (COMAR 13A.08.01.11(C)(4)(d))

On notice if the student is not returned after the 10th day: "If the student is not allowed to return to school after the 10th day, the superintendent or designee shall notify the student and the parent or guardian within 24 hours and provide the reasons for the delay in the process and the denial of reentry and send a copy of the notice to the State Superintendent of Schools;" (COMAR 13A.08.01.11(C)(4)(e))

On the appeal to the local board: "If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the student’s parent or guardian may appeal to the local board within 10 days after the determination." (COMAR 13A.08.01.11(C)(4)(f))

On the local board's own clock: "If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 days from the date the appeal was received to hear the appeal and issue a decision, as follows:" — a clock that "This timeline period may be extended if the parent, guardian, or his/her representative requests additional time" (COMAR 13A.08.01.11(C)(4)(g))

On the record and documents before the hearing: "Shall be provided the school system’s witness list and a copy of the documents that the school system will present at the hearing 5 days before hearing; and" (COMAR 13A.08.01.11(C)(4)(i))

On the manifestation determination meeting: "The IEP team shall meet within 10 school days of the date when school personnel take disciplinary action for the removal of a student with a disability as set forth in §A of this regulation to determine:" (COMAR 13A.08.03.08(B))

What any of this means for a particular situation is for the agency and its processes to determine.

Assigned to district policy by the quoted provision

The regulation writes the discipline scheme itself and expressly hands several questions to each local board or local school system. Each entry below is a question a local board's or school system's own policy answers, with the delegating text quoted. No district's code of conduct is captured or quoted here.

The discipline philosophy and the conduct rules themselves. "Each local board of education has both the responsibility and authority to adopt policies designed to create safe schools." Each local board's policies "by the beginning of school year 2014—2015, each local board shall review and revise its student discipline policies and regulations with the goal of maintaining an environment of order, safety, and discipline necessary for effective learning. The policies and regulations at minimum shall:" "Reflect a discipline philosophy based on the goals of fostering, teaching, and acknowledging positive behavior;" "Be designed to keep students connected to school so that they may graduate college and career ready;" "Describe the conduct that may lead to in-school and out-of-school suspension or expulsion;" "Allow for discretion in imposing discipline;" "Address the ways the educational and counseling needs of suspended students will be met; and" and "Explain why and how long-term suspensions or expulsions are last-resort options." (COMAR 13A.08.01.11(A)(1)–(6))

Extracurricular participation during an in-school suspension. "Local school systems shall develop policies pertaining to a student's participation in extracurricular activities if the student receives an in-school suspension." (COMAR 13A.08.01.11(C)(2)(f))

The behavioral program that accompanies an in-school suspension. "Local school systems shall develop and implement a behavioral program of positive interventions to address the causes of misbehavior as part of the in-school suspension." (COMAR 13A.08.01.11(C)(2)(g))

How missed work is made up. "All other aspects of the process for suspended students receiving missed assignments, completing missed assignments, and making up tests shall be identical with each school’s established policy and practice for makeup work in the event of any other excused absence." (COMAR 13A.08.01.11(G)(2))

Records access, as stated in the sources

Inspection, correction, and expungement of discipline records are not stated in the sources reviewed (COMAR 13A.08.01.11 and COMAR 13A.08.03.08 were searched). The one record-related duty either regulation states is a transfer duty, not an access right: "On initiation of disciplinary actions as set forth in §H of this regulation, the principal shall transmit the student's special education and disciplinary records to the local school superintendent." (COMAR 13A.08.03.08(I)) FERPA is federal and not restated here.

Change log

Aug 30, 2026 · Baseline page created (discipline-layer breadth sprint). Captured first-party under recipe tools/recipes/maryland-discipline.json: COMAR 13A.08.01.11 and COMAR 13A.08.03.08 from the state's regulations library. Findings recorded: (1) Maryland defines four removals by length in regulation — short-term at up to 3 school days, long-term at 4 to 10, extended suspension at 11 to 45, and expulsion at 45 or longer — and attaches findings to the two longest, including a requirement that the school system provide comparable educational services and behavioral support during the exclusion; (2) students in public prekindergarten through second grade may not be suspended or expelled at all, except where federal law requires expulsion or where a suspension of not more than 5 school days follows a determination made in consultation with a school psychologist or other mental health professional; (3) the state puts a hard stop on the tenth school day of an initial suspension: unless the superintendent makes an imminent-threat finding the student returns, and if not, the family must be notified within 24 hours with reasons and a copy sent to the State Superintendent of Schools — a state-level reporting duty that no other state captured so far attaches to a delayed process; (4) the appeal runs to the local board within 10 days, the board has 45 days to hear and decide, the family gets the witness list and documents 5 days before the hearing and may bring counsel and witnesses, the appeal does not stay the superintendent's decision, and the board's decision is stated to be final; (5) in-school suspension is treated as schooling only if four stated conditions hold, and a conference is required after 10 cumulative days of it; (6) the conduct rules, the discipline philosophy, and the explanation of why exclusion is a last resort are each assigned to the local board by the regulation's opening subsection — a delegation, not an absence, and the entry that will anchor the full page's delegation map; (7) no state office or parent contact appears in the sources. Capture note: Maryland carries the operative discipline scheme in State Board regulation rather than in the Education Article, and two of the state's own addresses did not serve their text on the retrieval date — the Division of State Documents' page for this regulation returned HTTP 404, and the General Assembly's statute viewer renders the Education Article client-side and returned none. Both are recorded as findings and listed as capture pending rather than worked around. Not yet built, pending the deepening pass: sections 01–02 (framework, hoisted rows, timelines), the district delegation map, and records access. Internet Archive captures: to be added. Reviewer: Carrie Schluter, reviewed 2026-08-30. Corrections on the record in this log: hello@fieldassembly.net.

Sep 3, 2026 · Deepened to a full page (discipline-layer deepening pass). Re-captured first-party under the existing recipe tools/recipes/maryland-discipline.json (unchanged; digest a0f92157f550): COMAR 13A.08.01.11 and COMAR 13A.08.03.08 from the state's regulations library, byte-for-byte the same two sources as the 2026-08-30 baseline and this time read in full rather than in excerpt. Findings recorded beyond the baseline's: (1) the regulation's own vocabulary distinguishes a conference — the meeting a principal or superintendent must hold before deciding — from a hearing, a word that enters the process only at the local board's appeal stage; that distinction is now stated rather than implicit; (2) the local board's 45-day clock to hear and decide an appeal may be extended at the family's request, and the board may separately petition the State Superintendent for more time in an extraordinarily complex appeal; (3) a hearing before the local board is private unless the parent or guardian requests otherwise; (4) restitution for damaged or destroyed school property is capped at the lesser of fair market value or $2,500, or a school work project, or both, and runs through a conference with the student and parent or guardian; (5) corporal punishment is prohibited outright; (6) the regulation states a floor of minimum education services during and after an out-of-school suspension or expulsion — daily classwork reviewed weekly and a named school-staff liaison — and a further continuity duty specific to short-term suspensions; (7) a set of intervention-and-support duties (positive behavior interventions, a behavior intervention plan, referrals to a student support team, an IEP team, or community-based services) attaches to the youngest-grades exception and to students already suspended under it; (8) the district delegation map now carries four entries — the local board's own six-part discipline-philosophy and conduct-rule policies, extracurricular participation during an in-school suspension, the behavioral program that accompanies one, and how missed work is made up — each a question the regulation expressly hands to local policy rather than answering itself; (9) inspection, correction, and expungement of discipline records are not stated in either regulation; the only record-related duty stated is a transfer of records between school officials on initiation of discipline tied to a manifestation determination, which is not a family access right. Not re-attempted this pass, because the existing recipe captures only the two regulations: the Education Article statute sections, MSDE guidance, and local board policies remain capture pending or out of scope, as the 2026-08-30 baseline already recorded; COMAR is the operative scheme either way, so the page does not wait on them. Internet Archive captures: to be added. Reviewer: Carrie Schluter. Corrections on the record in this log: hello@fieldassembly.net.

Oct 6, 2026 · Internet Archive captures recorded. Captures requested on 2026-09-06 by an automated capture pass and recorded this date; no human review is claimed for this entry. No quotation, date, finding or link above was changed by it. Each capture below was requested through Save Page Now and then confirmed to play back. Captures added: COMAR 13A.08.01.11 → https://web.archive.org/web/20260906133658/https://regs.maryland.gov/us/md/exec/comar/13A.08.01.11; regs.maryland.gov → https://web.archive.org/web/20260906133756/https://regs.maryland.gov/us/md/exec/comar/13A.08.03.08. Corrections on the record in this log: hello@fieldassembly.net.