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13a.01.05.00.htm 13A.01.05.00. Title 13A STATE BOARD OF EDUCATION Subtitle 01 STATE SCHOOL ADMINISTRATION Chapter 05 Appeals to the State Board of Education Authority: Education Article, §2-205, 4-205, 6-202, 7-305, and 23-406; State Government Article, §10-122 and 10-201 et seq. Annotated Code of Maryland
13a.01.05.01.htm 13A.01.05.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Appellant" means the individual or entity appealing a final decision of a local board.. 2) "Contested case" means a proceeding as defined in State Government Article, §10-202(d) Annotated Code of Maryland.3) "Days" means calendar days unless otherwise indicated.. 4) "Department" means the State Department of Education.. 5) "File" means:. a) In regard to an initia
13a.01.05.02.htm 13A.01.05.02. 02 Appeals.. A. Contents. The request for an appeal shall:. 1) Specify the party or parties taking the appeal, along with current regular mail and email addresses;2) Designate the decision or order for which review is requested;. 3) Contain a statement of the facts necessary to an understanding of the appeal;. 4) Contain the issues or charges for which the appeal is being taken;. 5) Contain reasons in support of the appeal;. 6) Contain a statement of the relief sought;.
13a.01.05.03.htm 13A.01.05.03. 03 Response to Appeals.. A. Time for Response. Within 20 days after the State Board sends a copy of the appeal to the local superintendent, the respondent shall file a memorandum in response to the appeal or a motion to dismiss, whichever is appropriate.B. Motion to Dismiss.. 1) A motion to dismiss shall specifically state the facts and reasons upon which the motion is based that may include, but are not limited to, the following:a) The local board has not made a final decision;.
13a.01.05.04.htm 13A.01.05.04. 04 General Procedures.. A. Amendment of Appeal or Other Pleading.. 1) The State Board upon its own initiative or upon the request of a party may order a party to make a more definite statement of the appeal.2) A party may amend an appeal or other pleading upon leave of the State Board or by written consent of the other party.B. Requests to Shorten or Extend Time Requirements.. 1) Upon the written request of a party or on its own initiative, the State Board for good cause show
13a.01.05.05.htm 13A.01.05.05. 05 Petition for Declaratory Ruling.. A. A party may file a petition for declaratory ruling by the State Board on the interpretation of a public school law or regulation of the State Board that is material to an existing case or controversy.B. The rules set forth in this chapter apply to a petition for declaratory ruling, as appropriate..
13a.01.05.06.htm 13A.01.05.06. 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:.
13a.01.05.07.htm 13A.01.05.07. 07 Hearing Procedures.. A. Transfer to the Office of Administrative Hearings.. 1) The State Board shall transfer an appeal to the Office of Administrative Hearings for review by an administrative law judge under the following circumstances:a) An appeal of a school consolidation, school redistricting, or school closing pursuant to COMAR 13A.02.09;b) An appeal of a certificated employee suspension or dismissal pursuant to Education Article, §6-202, Annotated Code of Maryland; or
13a.01.05.08.htm 13A.01.05.08. 08 Hearing Record and Transcript.. A. The administrative law judge shall prepare an official record which shall include:. 1) Motions and pleadings;. 2) Documentary evidence;. 3) Exhibits;. 4) Memoranda or materials filed in the proceedings; and. 5) Items required in a contested case as set forth in the Administrative Procedure Act.. B. The proceedings before the administrative law judge shall be transcribed at the expense of the parties.
13a.01.05.09.htm 13A.01.05.09. 09 Final Decision.. A. The State Board shall make the final decision in all appeals.. B. Except as otherwise provided in this chapter, the State Board shall decide an appeal on the record without a hearing or oral argument.C. A decision may not be rendered without the concurrence of a majority of the voting members then serving on the State Board. If the Board cannot reach such concurrence, the local board’s decision shall stand.D. The final decision shall be in writing and cont
13a.01.05.10.htm 13A.01.05.10. 10 Reconsideration.. A. A party may file a request for reconsideration of a State Board decision within 30 days of the date of the decision.B. The party requesting the reconsideration shall send copies of the request to all other parties.. C. A response to a request for reconsideration may be filed within 15 days of the date the request for reconsideration was filed.D. A decision on the request shall be made in the discretion of the State Board except that a decisi
13a.01.05.11.htm 13A.01.05.11. 11 Appeal to Circuit Court.. A. Any party may appeal a decision to the circuit court of the jurisdiction in which the local board is located within 30 days of the date of the decision of the State Board.B. The appeal is governed by Maryland Rules 7-201―7-210 or 7-401―7-403, where appropriate.. C. The State Board shall prepare and transmit the record in accordance with the time line set forth in the Maryland Rules of Procedure.D. Because the State Board has reviewed and render
13a.01.05.12.htm 13A.01.05.12. 12 Procedures Applicable to Requests to Remove a Local Board Member.. A. Request to Issue Charges. A request to issue charges against a local board member may be filed with the State Board by the local board or by a resident of the county in which the school system is located, if removal by the State Board is permitted by the statute governing removal of members of that local board.B. Content of the Request.. 1) The request to issue charges shall set forth in
13a.01.05.9999.htm 13A.01.05.9999. Administrative History Effective date: July 19, 2004 (31:14 Md. R. 1079). Regulation .02B amended effective May 28, 2012 (39:10 Md. R. 660). Regulation .07F amended effective November 26, 2012 (39:23 Md. R. 1532). Regulation .08 amended effective November 26, 2012 (39:23 Md. R. 1532) ―. Chapter revised effective February 11, 2019 (46:3 Md. R. 107).
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