Disciplinary Rules and Rights

This article outlines the rights of students and the types of discipline that can be imposed.

Topics on this page

Student Rights
Police and Department of Juvenile Services
Withdrawal
Types of Suspension or Expulsion

Student Rights

Students have certain rights when schools move to discipline them.
Schools must allow students to look at their records.
Schools must allow students to give their side of the case.
Students have the right to bring help to disciplinary proceedings. Students may have a friend, community member, or an attorney come to their meetings with the school.
The school must let you bring witnesses and evidence.
Students removed from school should have study options. The school should provide an education program for the student. This is called alternative education.
A teacher cannot suspend or expel a student.
A principal may give up to 10 days of suspension. The principal must promptly provide the student or student’s parent/guardian with a conference with the principal and any other appropriate personnel.
Only the superintendent's office may remove a student for more than 10 days. There must be an investigation and a conference.
Only the superintendent can expel students. Note that some superintendents use names like Chief Executive Officer. There must be an investigation and a conference.
A student or the a student’s parent/guardian can appeal a suspension longer than 10 days or an expulsion to the county board within 10 days after the determination of a suspension/expulsion.
Seclusion or physical restraint is not allowed as a behavioral intervention.

Learn more about school disciplinary procedures.

Read the law: Md. Code, Education § 7-305, Md. Code, Education § 7-1102

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

Police and Department of Juvenile Services

Sometimes, the school is required to notify the police. Generally, the school police bring students to the Department of Juvenile Services (DJS). DJS decides if the case should go to court for criminal charges. Go to all meetings with DJS.

When possible, arrests by police should be made during non-school hours and away from the school premises. If the arrest is made on school premises, then school officials should make every effort to avoid embarrassment to the student being arrested as well as void jeopardizing the safety and welfare of the other students.

School officials may not permit questioning of a student under arrest on the school premises. Following the arrest, school officials must request that the arresting officer remove the student from the school premises as soon as practicable.

Read the law: Code of Md. Regulations 13A.08.01.12