School Disciplinary Procedure

Overview 

This article summarizes school discipline procedures under Maryland law. There are multiple types of disciplinary actions, including in-school suspensions, out-of-school suspensions, and expulsions. Corporal punishment may NOT be used to discipline a student in a Maryland public school. 

There are also special rules for special education students. Learn more about school disciplinary procedures for special education students. 

Procedures and policies may vary by county. Check with your local school to see if special rules apply in your county. 

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

Topic on this page:

• Pre-K, Kindergarten, First Grade, and Second Grade Students 
• In-School Suspension 
• Short Suspension of Fewer than 10 Days 
• Suspension of More than 10 School Days or Expulsion 
• Appeal Rights 

Pre-K, Kindergarten, First Grade, and Second Grade Students 

A student who is in public prekindergarten, kindergarten, first grade, or second grade may not be suspended or expelled from school. 

There are exceptions. 

• A school may expel the student if federal law requires expulsion. 
• A school may suspend the student 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 intervention or supports. 

The principal or school administration must promptly contact the student’s parent/guardian when the student is suspended or expelled. 

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

In-School Suspension 

An in-school suspension is the removal within the building of a student from the student’s current education program for up to 10 days in a school year for disciplinary reasons by the school principal. 

Before a student receives an in-school suspension, the school must explain to the student why he or she is being suspended and give the student an opportunity to explain his or her side of the story. 

• The school principal must provide the student’s parent/guardian with written notification of the in-school suspension action taken by the school. 
• After 10 days of in-school suspension (if the suspension lasts that long), the principal must meet with the student and his or her parent(s) or guardian(s) to discuss the situation. 
• The school must continue to educate the student and help the student make progress in his or her schoolwork during the suspension. 
• The local school system must make policies relating to a student’s participation in extracurricular activities if they are serving an in-school suspension. 

Also, as part of the in-school suspension, the local school system must develop and implement a behavior program of positive interventions to address the causes of the misbehavior. 

An in-school removal is not considered a day of suspension if the following actions occur: 

• the student has the opportunity to continue to appropriately progress in the general curriculum; 
• for students receiving special education and related services, the student has the opportunity to receive the special education and related services included on the student’s individualized education program (IEP); 
• the student receives instruction comparable to that of students in the regular classroom; and 
• to the extent that it’s appropriate, the student participates with their peers as they would in their current program. 

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

Short Suspension of Fewer than 10 Days 

Only the principal may suspend a child from school. The principal cannot do so for more than 10 days on his/her own. The superintendent of the local school system must approve a suspension of more than 10 days. Teachers may discipline students but cannot remove them from school. 

• The process usually begins when a teacher takes the student to the principal's office. 
• The principal or vice-principal will meet with the student to explain why he or she is being suspended. 
• The student must be given a chance to explain his or her side of the story. 
• Within the first few days, the principal will meet with the student and parents regarding the suspension. At or before this conference, the school must provide oral or written notice of the charges against the student. 
• The student should calmly meet with the principal to try and resolve the issue. The student should also dress and act professionally during the meeting.  
• The principal may: 
  • let the student return to school; 
  • ask the superintendent to suspend the student for a longer time; or 
  • ask the superintendent to expel the student. 
• Most school districts have an appeals process for short suspensions. Check your local school system’s procedures for more information. 

Students who receive short-term suspensions must have the opportunity to complete the academic work they missed during the suspension period with penalty. The process and procedures for suspended students receiving missed assignments, completing missed assignments, and making up tests must comply with the school’s established policy and practice for makeup work in the event of any other excused absence. 

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

Suspension of More than 10 School Days or Expulsion 

Only the superintendent of the local school system (or someone from the superintendent’s office chosen by the superintendent) may expel or suspend a student for more than 10 school days in a row. The principal may not do so on his or her own.  

• A meeting will be held between the principal, student, and parents/guardians regarding the suspension. 
• If the principal feels the student should be expelled or suspended for more than 10 days, the principal must write a report to the superintendent’s office. The student should get a copy of the report.  
• The superintendent’s office will investigate. Meanwhile, the student will usually be serving the short-term 10 day suspension discussed above. 
• Before that 10-day suspension is over, the superintendent or the person chosen by the superintendent will meet with the student and their parents. If this meeting is not held within the first 10 days, the student may go back to school unless the superintendent thinks the student may cause serious harm. If the student is not allowed to return to school after the 10th day, then the superintendent must notify the student and parent/guardian of the reasons for the delay and denial of reentry. 
• If the superintendent’s office finds that the suspension or expulsion is warranted, the Superintendent will arrange a conference with the student and the student’s parent/guardian. 
• The superintendent’s office must inform the parents and student of the charges and the policy that the student allegedly violated. 
• Parents/guardians and student have the right to bring a lawyer to the meeting. As you prepare for the meeting, parents/guardians should know that the person chosen by the superintendent will make a decision whether the student will be suspended for a longer term or expelled. 

If the student is suspended for longer than ten days or expelled from school they will either (a) be placed in an alternative education program or (b) receive daily classwork from their teachers which will be reviewed every week and then returned to the students. 

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

Appeal Rights 

The parents/guardians and student have the right to appeal the superintendent’s decision for the extended suspension or expulsion. 

• You must do so within 10 days of the decision. 
• The appeal must be in writing and sent to your local school board. 
• The school board will hold a hearing regarding the long-term suspension or expulsion usually within 30 days and, at most, within 45 days. This timeline may be extended if the parent/guardian asks for additional time.  
• Sometimes the school board will choose a hearing officer to listen to the evidence and make a decision.  If that is the case, the student or parent may usually appeal the hearing officer’s decision to the school board. 
• Unless the parent/guardian requests a public hearing, only individuals who the school board considers necessary or desirable to attend will be at the hearing. 
• The appeal to the local school board does not halt the superintendent’s suspension or expulsion decision pending the appeal results. 
• The local school board’s decision is final. 

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