Legal Opinions of the Maryland State Board Of Education
By Subject Matter

OPINIONS OF THE MARYLAND STATE BOARD OF EDUCATION

OPINIONS 16-01 THROUGH PRESENT

(Issued between October 2016 and present)

BY SUBJECT MATTER

or

ALPHABETICAL INDEX

April 2019


ADMINISTRATIVE POSITIONS


Dismissal/ Suspension
Johnson, Ruth v. Prince George’s County Board of Education 16-47
Mayes, Desiree v. Prince George’s County Board of Education 17-37
Young, Donna v. Prince George’s County Board of Education 17-12


Evaluation

In General
J.M. v. Prince George’s County Board of Education 17-22
Hoover, Jennifer v. Montgomery County Board of Education 19-03


MSDE Employees

Transfer/ Reassignment


APPEALS TO THE STATE BOARD


Additional Evidence

Consolidation

Credibility/ Weight of Testimony
Goines, Keith v. Prince George’s County Board of Education 17-16
Hoover, Jennifer v. Montgomery County Board of Education 19-03
Meyers, James D. v. Anne Arundel County Board of Education 16-50

Dismissal

Evidence

Exhaustion of Administrative Remedies
T.G. v. Prince George’s County Board of Education 18-10

In General
G., Gabrielle v. Montgomery County Board of Education 17-14
Goines, Keith v. Prince George’s County Board of Education 17-16
Harford County Arts and Culture Alliance v. Harford County Board of Education 16-48
K., Sepeideh and C., Paul v. Anne Arundel County Board of Education 18-06
Meyers, James D. v. Anne Arundel County Board of Education 16-50
N.Z. v. Montgomery County Board of Education 18-36
P., Rajendra and Erika v. Montgomery County Board of Education 17-07
S.K. v. Montgomery County Board of Education 19-14
Wakheya, Angela v. Prince George’s County Board of Education 19-16
Young, Donna v. Prince George’s County Board of Education 17-12
Young, Donna v. Prince George’s County Board of Education (II) 17-39


Jurisdiction
D., Semere & K., Yehdego v. Montgomery County Board of Education 17-09
D., Shantell v. Baltimore City Board of School Commissioners 19-02
In Re: Board of Education of Howard County v. Renee Foose and Renee Foose v. Board of Education of Howard County 17-08
Kelley, Beverly G. v. Queen Anne’s County Board of Education 18-24
N., Jon v. Charles County Board of Education 17-19
R.L. v. Baltimore City Board of School Commissioners 17-27
S., Allen v. Anne Arundel County Board of Education 18-01
S.K. v. Montgomery County Board of Education 19-14
T.G. v. Prince George’s County Board of Education 18-10


Moot
D., Shantell v. Baltimore City Board of School Commissioners 19-02
J.B. v. Harford County Board of Education 17-01
G., John and Jennifer v. Howard County Board of Education 17-34
I., Mercy v. Anne Arundel County Board of Education 18-15
L., Sheree v. Prince George’s County Board of Education  18-29
N., Phil, et al. v. Anne Arundel County Board of Education 18-42


New Evidence
C., Erin v. Montgomery County Board of Education 17-21
D., Karina v. Montgomery County Board of Education 19-01
D., Shervon v. Howard County Board of Education 17-10
H., Robin v. Montgomery County Board of Education 16-44
P., Leslie v. Anne Arundel County Board of Education 19-04
S.K. v. Montgomery County Board of Education 19-14


Petition for Declaratory Ruling

Res Judicata


Right to an Evidentiary Hearing
Wakheya, Angela v. Prince George’s County Board of Education 19-16

Ripeness

Standing
G., Gabrielle v. Montgomery County Board of Education 17-14
Harford County Arts and Culture Alliance v. Harford County Board of Education 16-48
Lockwood, Kristine v. Howard County Board of Education 17-42
Meilander, Douglas and Carrollton Ridge Community Association v. Baltimore City Board of School
    Commissioners 17-20

Sartucci, et al. v. Montgomery County Board of Education (West Middle School/Einstein High School) 18-33
S.K. v. Montgomery County Board of Education 19-14

Stays

Timeliness


Waiver
D., Antoinette v. Montgomery County Board of Education 17-24
Goines, Keith v. Prince George’s County Board of Education 17-16
S.K. v. Montgomery County Board of Education 19-14
York, Allison v. Prince George’s County Board of Education 19-07

ASSESSMENTS

Opt-Out
Rose, Cindy v. Frederick County Board of Education 18-08


BOARD OF LIBRARY TRUSTEES


BUDGET AND FINANCE

Harford County Arts and Culture Alliance v. Harford County Board of Education 16-48

CALENDAR

Pharoan, Bash v. Baltimore County Board of Education (II) 18-07


CHARTER SCHOOLS

Application
The DaVinci Collaborative, LTD. v. Baltimore City Board of School Commissioners  18-34
Watershed Public Charter School, Inc. v. Baltimore County Board of Education  18-31

Charter Renewal
In General
Frederick Classical Charter School v. Frederick County Board of Education 17-41
In Re: Baltimore City Public Charters Schools Mandatory Fee 18-32

Waiver Request


COMMENSURATE FUNDING

Frederick Classical Charter School Inc. v. Frederick County Board of Education 18-27
Frederick Classical Charter School, Inc. v. Frederick County Board of Education (Frederick Classical Charter, II) 19-08


CONSTITUTIONAL LAW

Due Process
A., Alexander and Arlene A. v. Harford County Board of Education 18-21
C., Almena Q. (Re: J.J.) v. Board of Education of Cecil County 17-28
C., Pastor Almena (Re: R.C.) v. Board of Education of Cecil County 17-29

Goines, Keith v. Prince George’s County Board of Education 17-16
H., Sherrie v. Carroll County Board of Education 17-35
Johnson, Ruth v. Prince George’s County Board of Education 16-47
Torres, Matthew v. Baltimore City Board of School Commissioners 18-04
Young, Donna v. Prince George’s County Board of Education (II) 17-39

Equal Opportunity


Equal Protection


Exclusionary Rule


First Amendment Rights


Freedom of Religion
Pharoan, Bash v. Baltimore County Board of Education (II) 18-07

Freedom of Speech


Right to Privacy


Waiver


CONTRACT DISPUTES

Key Systems, Inc. v. Anne Arundel County Board of Education 19-20
Sartucci, et al. v. Montgomery County Board of Education (West Middle School/Einstein High School) 18-33

Smith, Christine v. Baltimore County Board of Education 16-49
Smith, Christine v. Baltimore County Board of Education 17-43
Turning Point Foundation, Inc. v. Prince George’s County Board of Education 18-35


DECLARATORY RULING

In Re: Baltimore City Public Charters Schools Mandatory Fee 18-32
In Re: Prince George’s County Travel Funds 17-04


DISCRIMINATION

Age

Disability
Long, Louis v. Calvert County Board of Education 18-20
Thomassen, Lee v. Baltimore County Board of Education 18-44


In General
Curtis, James v. Prince George’s County Board of Education 17-23
Goines, Keith v. Prince George’s County Board of Education 17-16
McNamara, Suzanne v. Baltimore City Board of School Commissioners 19-15
Thomassen, Lee v. Baltimore County Board of Education 18-44

National Origin
D., Semere & K., Yehdego v. Montgomery County Board of Education 17-09

Race
C., Pastor Almena (Re: R.C.) v. Board of Education of Cecil County 17-29
C., Almena Q. (Re: J.J.) v. Board of Education of Cecil County 17-28

D., Semere & K., Yehdego v. Montgomery County Board of Education 17-09
F., Shahla v. Montgomery County Board of Education 18-22
J.B. v. Harford County Board of Education 17-01

Religion

Retaliation
D., Semere & K., Yehdego v. Montgomery County Board of Education 17-09
Thomassen, Lee v. Baltimore County Board of Education 18-44

Sex
S.K. v. Montgomery County Board of Education 19-14


INSTRUCTIONAL MATERIALS


LABOR RELATIONS


Negotiated Agreements


Representation


Scope of Bargaining


Reclassification


Scheduling of Work Days


LOCAL BOARD PROCESS

H., Catherine v. Prince George’s County Board of Education 17-25

LOCAL SUPERINTENDENT

In the Matter of Education Article §4-201 18-41
In Re: Board of Education of Howard County v. Renee Foose and Renee Foose v. Board of Education of Howard County 17-13


MAINTENANCE OF EFFORT


NONCERTIFICATED EMPLOYEES


Dismissal/ Suspension
Curtis, James v. Prince George’s County Board of Education 17-23
Goines, Keith v. Prince George’s County Board of Education 17-16
J.B. v. Harford County Board of Education 17-01
Long, Louis v. Calvert County Board of Education 18-20
Wakheya, Angela v. Prince George’s County Board of Education 19-16
Young, Donna v. Prince George’s County Board of Education 17-12
Young, Donna v. Prince George’s County Board of Education (II) 17-39

In General
Cooper, Yolanda v. Baltimore City Board of School Commissioners 19-17
J.B. v. Harford County Board of Education 17-01


Legal Representation

Promotion/ Transfer

Scope of Bargaining


RECONSIDERATION



RETALIATION

H., Sherrie v. Carroll County Board of Education 17-35
Thomassen, Lee v. Baltimore County Board of Education 18-44
Young, Donna v. Prince George’s County Board of Education (II) 17-39

SCHOOL BOARD MEMBERS

In the Matter of Request for Removal of Local Board Member Karen Harshman 17-17

SCHOOL CLOSING

Coldstream Homestead Montebello Community Corporation, et al. v. Baltimore County Board of School Commissioners 18-23
Meilander, Douglas and Carrollton Ridge Community Association v. Baltimore City Board of School Commissioners 17-20


SCHOOL DISTRICTING

Lockwood, Kristine v. Howard County Board of Education 17-42

SCHOOL NAME



SPECIAL EDUCATION

P., Teresa v. Anne Arundel County Board of Education 18-12
T.G. v. Prince George’s County Board of Education 18-10

STUDENTS

Activities/Extracurricular
Assignments/Attendance/Tuition
G., John and Jennifer v. Howard County Board of Education 17-34
I., Mercy v. Anne Arundel County Board of Education 18-15
P., Rodney and Rosi v. Montgomery County Board of Education 18-03
U., Jeffrey v. Howard County Board of Education 17-15
V., Mandy v. Anne Arundel County Board of Education 18-18

Discipline
- In General
A., Alexander and Arlene A. v. Harford County Board of Education 18-21
A.M. v. Prince George’s County Board of Education 17-05
D., Shantell v. Baltimore City Board of School Commissioners 19-02
J.B. v. Harford County Board of Education 17-01
J.M. v. Prince George’s County Board of Education 17-22
R.L. v. Baltimore City Board of School Commissioners 17-27

- Physical Force
A., Alexander and Arlene A. v. Harford County Board of Education 18-21
C., Pastor Almena (Re: R.C.) v. Board of Education of Cecil County 17-29

C., Almena Q. (Re: J.J.) v. Board of Education of Cecil County 17-28
D., Shantell v. Baltimore City Board of School Commissioners 19-02

H., Robin v. Montgomery County Board of Education 16-44
H, Tynetta v. Montgomery County Board of Education 17-18
K., Monica v. Prince George’s County Board of Education 18-26
M.S. v. Prince George’s County Board of Education 18-09
T.G. v. Prince George’s County Board of Education 18-10

- Profanity/ Threats
P., Teresa v. Anne Arundel County Board of Education 18-12
V.H. v. Anne Arundel County Board of Education 18-11

- Weapons
J.M. v. Prince George’s County Board of Education 17-22

- Bombs/Bomb Threats

- Firearms/Knives

- Alcohol/ Drugs/ Dangerous Substances
D., Antoinette v. Montgomery County Board of Education 17-24
L., Sheree v. Prince George’s County Board of Education  18-29


Graduation Requirements/Curriculum

Harassment

In General


Transfers
- Child Care
D., Karina v. Montgomery County Board of Education 19-01
F., Shahla v. Montgomery County Board of Education 18-22
H., Joey and Kristin v. Charles County Board of Education 18-38
N., Ralph and Tramaine v. Montgomery County Board of Education 17-30

- Diversity/Discrimination

- Health Related
C., Erin v. Montgomery County Board of Education 17-21
D., Karina v. Montgomery County Board of Education 19-01
D., Shervon v. Howard County Board of Education 17-10
D., Wallace and Marlene v. Anne Arundel County Board of Education 18-14
F., Shahla v. Montgomery County Board of Education 18-22
P., Leslie v. Anne Arundel County Board of Education 19-04
P., Rajendra and Erika v. Montgomery County Board of Education 17-07
S., Angela v. Harford County Board of Education 18-39

- In General
D., Karina v. Montgomery County Board of Education 19-01
D., Semere & K., Yehdego v. Montgomery County Board of Education 17-09
K., Chris v. Anne Arundel County Board of Education 18-16
N., Ralph and Tramaine v. Montgomery County Board of Education 17-30
R.L. v. Baltimore City Board of School Commissioners 17-27

No Child Left Behind

- Peer Group

- Safety
D., Shervon v. Howard County Board of Education 17-10
H., Catherine v. Prince George’s County Board of Education 17-02
H., Catherine v. Prince George’s County Board of Education 17-25
N., Ralph and Tramaine v. Montgomery County Board of Education 17-30


- Special Programs/Courses
D., Karina v. Montgomery County Board of Education 19-01
H., Catherine v. Prince George’s County Board of Education 17-25
J., Keith and Venera v. Montgomery County Board of Education 18-37
K., Sepeideh and C., Paul v. Anne Arundel County Board of Education 18-06
S., Allen v. Anne Arundel County Board of Education 18-01


- Stability/ Utilization
H., Catherine v. Prince George’s County Board of Education 17-25
H., Joey and Kristin v. Charles County Board of Education 18-38
S., Angela v. Harford County Board of Education 18-39


- Transportation
D., Karina v. Montgomery County Board of Education 19-01
N., Ralph and Tramaine v. Montgomery County Board of Education 17-30

Activities/ Extracurricular
N., Jon v. Charles County Board of Education 17-19

Diversity/ Discrimination

Early Kindergarten Entry
A., Lelah and Leon v. Prince George’s County Board of Education 18-40
B., Kevin and Leah v. Howard County Board of Education 17-38
H., Ahmed v. Montgomery County Board of Education  18-28

I., Shanelle v. Baltimore City Board of School Commissioners 17-03
K., Deborah and Jeffrey v. Montgomery County Board of Education 17-36
N.Z. v. Montgomery County Board of Education 18-36
P., Jonathan and Danielle v. Calvert County Board of Education 18-43
Q., Fanny and A., Shardrack v. Howard County Board of Education 18-30
W., William and Darda v. Baltimore City Board of School Commissioners 18-05


Grades
H., Sherrie v. Carroll County Board of Education 17-35

Graduation Requirements/ Curriculum

In General
M., Gordon & Tamara v. Prince George’s County Board of Education 17-06
R., Samuel v. Anne Arundel County Board of Education 19-10


Jurisdiction

Records

Harassment
- Bullying
- Sexual

TEACHERS


Dismissal/ Suspension
Meyers, James D. v. Anne Arundel County Board of Education 16-50
- Immorality

- Incompetency
Finlay-Gaines, Yvette v. Montgomery County Board of Education 17-40
York, Allison v. Prince George’s County Board of Education 19-07

- Insubordination

- Misconduct in Office
Wrublewski, Jonathan v. Charles County Board of Education 18-13

- Wilful Neglect of Duty

Extra Curricular Activity

Evaluations
Bingham, Robin v. Baltimore City Board of School Commissioners 17-33
Huggins, Rosalia v. Baltimore City Board of School Commissioners 19-13


In General
Banks-Jones, Jacqueline v. Baltimore City Board of School Commissioners 16-42
McNamara, Suzanne v. Baltimore City Board of School Commissioners 19-15
McRae, Michael v. Baltimore City Board of School Commissioners 18-02
O’Connell, Steven v. Baltimore City Board of School Commissioners 16-46
Smith, Christine v. Baltimore County Board of Education 16-49
Meyers, James D. v. Anne Arundel County Board of Education 16-50

Probationary Teachers
- Dismissal/ Suspension

- Evaluation


- Nonrenewal
Hudson, Rodney v. Prince George’s County Board of Education 17-26
Lecates, James v. Wicomico County Board of Education 16-45
Torres, Matthew v. Baltimore City Board of School Commissioners 18-04


Transfer/ Reassignment

Retired Teachers

Termination
- Incompetency

Promotion/ Reclassification


Use of Physical Force


TRANSPORTATION


Bus Stop
Towle, Ashley v. Carroll County Board of Education 17-31

In General
Bailey, Rita v. Somerset County Board of Education 18-19

Rider Eligibility

School Vehicle Drivers
Bailey, Rita v. Somerset County Board of Education 18-19