Maryland Education Law Questions & Answers

Q: Are Maryland public school teachers considered state employees?

2 Answers | Asked in Education Law and Gov & Administrative Law for Maryland on
Answered on Oct 2, 2018
Joseph D. Allen's answer
This is a much more complicated question than it appears. For some purposes, school board employees are state employees, and for other purposes they are local government employees. Maryland school boards are an odd hybrid- and the appellate courts are still struggling with how to classify them.

Q: My 8 y/o has been physically assaulted in class many times. Admin is aware and done nothing. Can I take legal action

1 Answer | Asked in Education Law and Personal Injury for Maryland on
Answered on Jan 20, 2018
Ashley VanCleef's answer
School systems are required to act upon reported acts of bullying. School systems have bullying forms posted on the websites and paper copies are available in the school buildings. This is the best way to document what is happening and to hopefully have administration swiftly take action.

If the school administration does not act on your report, you can escalate the concern to their supervisors at the central office level and to the Maryland State Department of Education....

Q: Is there any way to stay in Howard County middle school until the end of this school year if you moved in January?

1 Answer | Asked in Education Law for Maryland on
Answered on Jan 20, 2018
Ashley VanCleef's answer
HCPSS Policy 9000 explains how tuition is assessed as follows:

A student who becomes a nonresident, because the parent(s) with whom the student resides move out of Howard County during the school year, may complete the current school year at the school in which the student is enrolled. Tuition may be assessed based on the following:

a. If the student becomes a nonresident prior to the fourth marking period, the student will be allowed to remain for the duration of that school...

Q: If a student fails a grade and becomes an adult (age 19), can a school refuse to take the student back and insist they

1 Answer | Asked in Education Law for Maryland on
Answered on Jan 2, 2018
Ashley VanCleef's answer
If the student has not graduated with a diploma or obtained a GED, they can still attend school through the age of 21 as long as they are not 21 years old on the first day of the school year. There are many protections available for students with disabilities as well as those who can be considered homeless.

Q: What due process are high school students entitled to if the school is trying to suspend them?

1 Answer | Asked in Education Law for Maryland on
Answered on Jan 2, 2018
Ashley VanCleef's answer
Depends on the length of the suspension.

For short term suspensions, there are 3 basic elements required. 1. Notice of the offense being charged. 2. opportunity for the student to refute the charge. and 3. an explanation of the evidence supporting the charge.

For long term suspensions or an expulsion: 1. written notice of the charges, 2. full evidentiary hearing, 3. right to legal counsel or adult representation, 4. opportunity to present witnesses and evidence,...

Q: Are students allowed to be held and questioned at school without a parent present?

1 Answer | Asked in Education Law for Maryland on
Answered on Apr 29, 2017
Ashley VanCleef's answer
It depends on who is holding the student and asking the question. School officials such as the principal may question and ask students to write statements related to school incidents.

Q: Can my son go to jail for taking a knife to school in Prince Georges County Maryland?

1 Answer | Asked in Education Law, Criminal Law, Civil Rights and Juvenile Law for Maryland on
Answered on Mar 23, 2017
Thomas Joseph Maronick Jr's answer
It's a whole other ballgame as to what kids can bring to school. If the knife is illegal in general, then potentially YES if he is charged as an adult. It sounds like they are going to charge him as a juvenile which is not a jail situation but could be reform school or similar. In our practice of juvenile law, generally those cases work out favorably for the defendant compared with a criminal court.

Q: Is there anything I can do about a parent I feel threatened by as a teacher?

1 Answer | Asked in Education Law and Criminal Law for Maryland on
Answered on Nov 14, 2016
Bennett James Wills' answer
You should start by consulting your superiors. It doesn't seem like from this post you have grounds for a protective order. Or consult an attorney. More information is needed.

Q: What is required to run a training school in the construction industry?

1 Answer | Asked in Education Law, Business Law and Construction Law for Maryland on
Answered on Oct 16, 2016
Bennett James Wills' answer
If you're seriously interested in starting a training school, in any industry, you need to get a lawyer. Everything from possibly incorporating your business, to licensing, to partnership contracts, investor contracts, compliance, etc. Too much to go over to answer on a forum.

Q: Can I sue my school on basis of discrimination?

2 Answers | Asked in Education Law, Constitutional Law and Civil Rights for Maryland on
Answered on Oct 16, 2016
Bennett James Wills' answer
You could. But as a Plaintiff you'll bear the burden to prove your case. Consult with local counsel.

Q: My grandson is a special needs child. His Civil Rights are being violated by the school he attends.

2 Answers | Asked in Civil Rights and Education Law for Maryland on
Answered on May 12, 2016
Marshall Jason Ray's answer
You do not necessarily need a pro bono lawyer. What you should do is reach out to an attorney in your area for a private consultation. Many attorneys give free consultations. Moreover, many attorneys take cases on a contingency fee basis, meaning that they are only paid a portion of any award or settlement that is obtained, and do not charge up front. A local attorney will be able to evaluate your specific situation and advise you whether you have an actionable case.

Q: What are my rights to using the bathroom in school?

1 Answer | Asked in Education Law for Maryland on
Answered on Apr 20, 2016
Ronald V. Miller Jr.'s answer
No. That is not true. There is no 3 ask rule.

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