Md. Code Regs. 13A.01.05.06

Current through Register Vol. 51, No. 9, May 3, 2024

Section 13A.01.05.06 - Standard of Review

A. General. Decisions of a local board involving a local policy or a controversy and dispute regarding the rules and regulations of the local board shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the local board unless the decision is arbitrary, unreasonable, or illegal.

B. A decision may be arbitrary or unreasonable if it is one or more of the following:

(1) It is contrary to sound educational policy; or

(2) A reasoning mind could not have reasonably reached the conclusion the local board or local superintendent reached.

C. A decision may be illegal if it is one or more of the following:

(1) Unconstitutional;

(2) Exceeds the statutory authority or jurisdiction of the local board;

(3) Misconstrues the law;

(4) Results from an unlawful procedure;

(5) Is an abuse of discretionary powers; or

(6) Is affected by any other error of law.

D. The appellant shall have the burden of proof by a preponderance of the evidence.

E. State School Laws and Regulations. The State Board shall exercise its independent judgment on the record before it in the explanation and interpretation of the public school laws and State Board regulations.

F. Certificated Employee Suspension or Dismissal pursuant to Education Article, § 6-202, Annotated Code of Maryland.

(1) The standard of review for certificated employee suspension and dismissal actions shall be de novo as defined in §F(2) of this regulation.

(2) The State Board shall exercise its independent judgment on the record before it in determining whether to sustain the suspension or dismissal of a certificated employee.

(3) The local board has the burden of proof by a preponderance of the evidence.

(4) The State Board, in its discretion, may modify a penalty.

G. Student Suspension and Expulsion.

(1) The decision of a local board in a student suspension and expulsion matter shall be final pursuant to Education Article, § 7-305(c), Annotated Code of Maryland.

(2) The State Board may not review the merits of a student suspension or expulsion, but shall accept an appeal if there are specific factual and legal allegations of one or more of the following:

(a) The local board has not followed State or local law, policies, or procedures;

(b) The local board has violated the due process rights of the student; or

(c) The local board has acted in an unconstitutional manner.

(3) The State Board may reverse or modify a student suspension and expulsion if the allegations set forth in §G(2) of this regulation are proven true or if the decision of a local board is otherwise illegal as defined in §C of this regulation.

(4) The appellant shall have the burden of proof by a preponderance of the evidence.

Md. Code Regs. 13A.01.05.06

Regulation .06 recodified from .05 effective 46:3 Md. R. 106, eff. 2/11/2019