How Can Students Challenge Unfair School Disciplinary Actions?
In Maryland, school administrators must follow specific procedures before handing down harsh penalties. When those procedures are ignored or bent, students have a right to challenge the outcome under state and federal education law. Disciplinary action can have a significant impact on a student's future, including their college admissions, financial aid, and job prospects.
At Advocates for the Voiceless in Riverdale Park, Maryland, we often speak with parents and students who feel powerless after a suspension, expulsion, or disciplinary referral that seems unjust. We can explain how students and families in Maryland can assert their rights and push back against unfair discipline using legal tools grounded in education law.
The Disciplinary Process Under Maryland Education Law
Maryland law requires that public schools adopt written disciplinary procedures consistent with due process. These aren’t just policy preferences—they’re legal protections that give students and parents an opportunity to respond to allegations and present their side of the story.
Under Maryland’s education law, disciplinary actions must be proportional to the offense, documented, and supported by factual findings. Whether the issue involves a classroom disruption, alleged bullying, or a code of conduct violation, the school is required to provide notice and an opportunity to be heard.
For example, if a student is suspended for more than ten days or recommended for expulsion, Maryland law mandates a formal hearing before the local superintendent or a designated hearing officer.
The student has the right to be represented, to present evidence, and to question witnesses. These are rights granted under both Maryland’s Code of Education and broader constitutional principles.
When a school bypasses these requirements or applies inconsistent standards, students can challenge the disciplinary action through administrative appeals and, if needed, litigation.
Knowing When Discipline Becomes Unfair
Not every disciplinary action violates education law. Schools can and should enforce reasonable rules. However, unfairness arises when students are punished without evidence, when discipline is applied unevenly, or when the punishment far exceeds the offense.
These patterns raise serious questions under education law and require immediate review.
Maryland education law includes specific protections for students with disabilities.
Under federal law—specifically the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act—schools must conduct a manifestation determination before suspending a student with an Individualized Education Program (IEP) or 504 plan for more than ten days.
The school must ask whether the behavior was caused by the student’s disability or a failure to implement the student’s accommodations. If the answer is yes, the school can’t move forward with the same disciplinary measure.
Requesting and Reviewing the Disciplinary Record
When a disciplinary action occurs, the first step is to request the student’s complete disciplinary file. Under Maryland education law, parents have a right to review all records related to the action, including witness statements, administrator notes, video footage, and correspondence.
If the school refuses to provide these materials or drags its feet, the Family Educational Rights and Privacy Act (FERPA) requires schools to allow access to educational records within a reasonable time.
Documentation is the backbone of every challenge under education law. Without it, administrators often assume families will simply accept their decisions without resistance.
Preparing for a Disciplinary Hearing
In Maryland, students facing long-term suspension or expulsion are entitled to a disciplinary hearing. This isn’t a criminal trial, but it shares some similarities. The student can be represented by an attorney or advocate, can submit documents, and can ask questions of school personnel.
A successful hearing depends on presenting a clear timeline of events, highlighting procedural missteps, and showing that the student’s rights under education law were violated.
Filing an Appeal with the Local Board
If a disciplinary hearing leads to an unfavorable outcome, families in Maryland can file an appeal with the local board of education. This appeal must usually be submitted within ten days of the decision.
Under Maryland education law, the board is required to review the record, consider written arguments, and issue a final decision. In some cases, the board may agree to hold an additional hearing, especially if new evidence emerges.
Taking the Challenge to the State Board
If the local board affirms the disciplinary decision, students have one more level of administrative appeal: the Maryland State Board of Education. The state board has broad authority to review local decisions for legal error and policy violations.
While the board tends to defer to local schools, it doesn’t tolerate clear violations of student rights. In certain cases, the state board may overturn the decision entirely. More commonly, the board sends the case back for further proceedings or recommends a lesser penalty.
Even when the outcome doesn’t eliminate the discipline, a reduction in severity can make a meaningful difference in the student’s academic future. Maryland’s education law system gives students and families multiple chances to be heard—and we help them make the most of each opportunity.
Considering Civil Action When Rights Are Violated
If all administrative options are exhausted and the student’s rights have clearly been violated, filing a lawsuit may be appropriate. Education law intersects with civil rights law when discipline is applied in a discriminatory way or when students are denied due process.
Under Section 1983 of the Civil Rights Act, students can sue school officials in federal court for constitutional violations. In Maryland, courts have held that students are entitled to due process before being suspended or expelled from public school.
A well-prepared case filed under education law can result in the student’s record being corrected and, in some cases, financial compensation for damages.
What Parents and Students Can Do Immediately
Request a full copy of the student’s disciplinary file, including incident reports and written notices
Review the school’s code of conduct to understand the stated rules and penalties
Write down everything that happened, including names of witnesses, times, and any conversations with staff
Keep all communication with the school in writing and save copies for reference
Contact an education law attorney or advocate before the disciplinary hearing to review strategy and defense
Protecting Students With Disabilities
One of the most urgent areas of our education law practice involves students with IEPs or 504 plans. These students have additional protections under federal and Maryland law.
If a school attempts to discipline a student with a disability, it must hold a manifestation determination meeting to assess whether the behavior resulted from the student’s disability. If it did, the school can’t move forward with suspension or expulsion without first adjusting the student’s support plan.
Why This Process Matters
Disciplinary decisions do more than interrupt learning—they affect a student’s reputation, academic record, and future opportunities. In Maryland, schools are required to create learning environments that respect the rights of all students. When those rights are violated, education law gives students and families a voice.
Challenging unfair disciplinary action isn’t about excusing misbehavior. It’s about demanding fairness, transparency, and accountability from institutions that hold tremendous power over children’s lives.
Fight for Your Rights
At Advocates for the Voiceless, we believe no student should be pushed aside without a chance to defend themselves. We use education law not as a threat but as a shield—to protect what students have earned and to give them the opportunity to thrive despite setbacks. We’re proud to serve Riverdale Park, Maryland, and surrounding communities. Call us today.
