Student Appeals

Standard of Review:  The standard of review identifies the criteria that will apply when evaluating the merits of an appeal.

Pursuant to Md. Code Ann., Educ. Art. § 4-205(c)(3), the Office of Appeals and Hearings reviews the merits of an appeal to determine whether the decision was arbitrary, unreasonable, or illegal.

COMAR 13A.01.05.06 provides:

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 that the local board or local superintendent reached.

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.

There are several reasons why OAH will not accept an appeal from a parent/legal guardian.

• OAH does not have jurisdiction to hear the appeal (outside of the scope of appeal).  A right to appeal is not granted for all decisions.  A right to appeal must be granted through an administrative procedure or law;
• The timeframe to appeal (beyond 10 business days) has expired;
• All of the steps of the appeal hierarchy have not been completed (premature submission) according to the administrative procedure; or
• A copy of the decision being appealed is not provided.

OAH may be unable to review an appeal if:

• No administrative procedure, Board policy, regulation, or law provides a right to appeal the decision;
• The appeal was submitted after the applicable deadline;
• Required review steps were not completed before the appeal was submitted;
• A copy of the decision being challenged was not provided; or
• The matter falls outside OAH's authority.

To help avoid delays, please include:

• A completed appeal request (intake submission form);
• A copy of the written decision being appealed (required); and
• A brief explanation of why you believe the decision should be changed, specifically what procedure was violated and how or a detailed explanation on the unique hardship; and
• Any supporting documentation you would like OAH to consider.

The applicable administrative procedure is linked to the Google intake form. Please review that procedure for filing deadlines, required review steps, and required documentation.

Within 48 hours of submission, the appellant will receive an email acknowledgment to confirm receipt, along with additional information on next steps in the process.

The acknowledgment confirms only that OAH received the appeal. It does not mean the appeal has been accepted for review. OAH will review the submission to determine whether:

• OAH has the authority to review the appeal;
• The appeal was submitted within the applicable deadline;
• The required review steps have been completed; and
• The required documentation has been provided.

Appeal submissions are not confidential from the individuals and offices involved in reviewing and responding to the appeal. The Office of Appeals and Hearings (OAH) may share the appeal and supporting documentation with appropriate parties, including the school or office that issued the decision being appealed, to obtain the records and information necessary to review the matter.

Appeal records are handled in accordance with applicable student privacy requirements and are not shared with individuals who do not have a legitimate role in the appeal process.