How Can Parents Appeal a School’s Disciplinary Decision?
When a child is suspended, expelled, or referred to alternative education, the effects can ripple across their academic and emotional life. In Maryland, parents aren’t without recourse. Under education law, they have the right to challenge disciplinary decisions, demand due process, and push back when the punishment doesn’t fit the situation.
Appealing a disciplinary action isn’t about excusing behavior—it’s about protecting a child’s future and demanding fair treatment from public institutions. Maryland’s legal structure gives parents clear tools to pursue those rights. At Advocates for the Voiceless in Riverdale Park, Maryland, we hear from parents every day who are frustrated and overwhelmed by harsh or unfair school discipline.
The Legal Groundwork for Appeals
Maryland law requires that schools use fair, transparent, and consistent procedures when disciplining students. Under state education law, every public school district must follow guidelines issued by the Maryland State Department of Education (MSDE), which are designed to protect student rights and encourage appropriate corrective action—not just punishment.
These policies must comply with both state and federal constitutional assures due process, especially when a student is suspended for more than ten days or faces expulsion.
For example, Maryland Code, Education §7–305 requires that long-term suspensions and expulsions be accompanied by formal notice and a hearing. The school must provide written documentation outlining the alleged misconduct, the specific policies violated, and the intended disciplinary action.
The child has the right to be heard, to present evidence, and to be represented during the hearing. Parents play a critical part in this process, and education law recognizes that they have standing to appeal a decision at every level—from the principal’s office to the Maryland State Board of Education.
When Should a Parent Appeal?
Not every disciplinary decision warrants an appeal, but many do. Parents should consider an appeal when:
The punishment is more severe than the infraction justifies
The school didn’t follow its own disciplinary policy
The student wasn’t given a meaningful chance to explain their side
Witnesses or evidence were ignored
The student is facing repeated discipline without appropriate interventions
There is a possible disability-related behavioral issue that wasn’t addressed properly
There are signs of racial or other bias in how discipline was applied
Education law gives students the right to equal protection and due process. If any of those rights were violated, an appeal isn’t just a legal option—it’s a necessary step.
Request the Disciplinary File
Before filing any appeal, parents need to know exactly what the school is basing its decision on. Maryland education law, along with the federal Family Educational Rights and Privacy Act (FERPA), gives parents the right to review and copy their child’s full educational record, including all documents related to the disciplinary incident.
That file may include incident reports, witness statements, referral forms, correspondence between staff, and administrative notes.
Prepare for the Hearing
Under Maryland education law, students who face long-term suspension or expulsion are entitled to a formal hearing with the school system’s superintendent or a designated hearing officer.
This is a critical stage in the process. Parents can and should participate fully. The hearing is not a criminal trial, but it is a legal proceeding with real consequences. Parents should treat it seriously and come prepared to present the strongest possible case.
File an Appeal with the Local School Board
If the hearing officer upholds the school’s disciplinary decision, parents can appeal to the local board of education. This must typically be done in writing within ten days of the hearing decision, although some districts allow more time. The appeal is usually based on the hearing record and written arguments, although the board has the discretion to conduct its own hearing.
At this stage, the argument shifts from fact-finding to legal analysis. Many boards take these appeals seriously, particularly when the record shows unfairness or bias.
Appeal to the Maryland State Board of Education
If the local board affirms the disciplinary action, Maryland parents can submit an appeal to the Maryland State Board of Education. This body reviews decisions made by local boards for legal error, policy misapplication, and procedural irregularities.
Appeals must be submitted within thirty days of the local board’s decision. The state board usually relies on written arguments and the administrative record, but in rare cases it may order a new hearing.
The state board isn’t quick to overturn decisions—but when clear violations of education law or due process appear in the record, the board can and does reverse or reduce discipline. A strong appeal requires precise legal writing and full knowledge of how Maryland education law operates.
Consider Legal Action if Rights Were Violated
If the appeal process doesn’t result in relief, and the disciplinary decision clearly violates a student’s legal rights, litigation may be an option.
Education law intersects with constitutional law when due process is denied or when students are disciplined in a discriminatory way. A student may have claims under Section 1983 of the Civil Rights Act, the Fourteenth Amendment, or under disability laws like the Individuals with Disabilities Education Act (IDEA) and Section 504.
When a student is denied their education due to unlawful discipline, filing a lawsuit can restore access, correct the record, and prevent harm to future students. Before filing, evaluate all prior steps to build a compelling and well-documented case under education law.
What Parents Can Do Right Away
Request a copy of all disciplinary records, including the incident report and any witness statements
Review the school district’s code of conduct to see what penalties apply to the alleged behavior
Keep a written timeline of everything that happens, including who you talk to and what they say
Write down your child’s version of events and collect any evidence that supports their story
Contact an attorney or advocate who understands Maryland education law for help preparing your appeal
Students With Disabilities Deserve Extra Protection
Maryland education law, combined with federal protections, requires that schools treat students with disabilities differently when it comes to discipline. Before suspending or expelling a student with an Individualized Education Program (IEP) or 504 plan for more than ten school days, the school must conduct a manifestation determination review.
This meeting asks whether the conduct was caused by the student’s disability or a failure to provide accommodations. If so, the school can’t simply impose the punishment—it must adjust the student’s educational plan. Discipline can’t override the protections built into education law for children with disabilities.
The Importance of a Student’s Disciplinary Record
Disciplinary decisions have long-term consequences. A suspension or expulsion becomes part of the student’s record, which can be reviewed by future schools, colleges, and scholarship committees.
In Maryland, parents have the right to request corrections to these records and to submit statements explaining their side of the story. Correcting the record is especially important when an appeal succeeds. If the discipline is overturned or reduced, the written record should reflect that outcome.
Standing Up to Bias and Inconsistency
Students of color, students from low-income backgrounds, and students with disabilities often receive harsher penalties than their peers. Education law prohibits this kind of disparity, and the U.S. Department of Education has issued guidance directing schools to review discipline practices for bias. Schools are public institutions. They’re bound by law to treat all students fairly and consistently.
Seek Reliable Representation
At Advocates for the Voiceless, we work with families to assert these rights, hold schools accountable, and protect students from being sidelined by an unjust system. We’re proud to serve Riverdale Park, Maryland, and surrounding communities. Call today.
