A county board, public prekindergarten program, public primary or secondary school, nonpublic prekindergarten program that receives State funds and nonpublic primary or secondary school that receives State funds may not:
A. Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
B. Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or
C. Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.
Md. Code Ann., Educ. § 26-704
A student or parent/guardian of a student who alleges discrimination may file a complaint with the State Superintendent pursuant to
Md. Code Ann., Educ. § 26-705.
Subtitle 7 - Discrimination in Education: (§§ 26-701 — 26-705)
Regulations:COMAR 13A.01.07.04
- Must be in writing to the State Superintendent via email to
teresa.dantzler1@maryland.gov
- May be filed by parent or guardian of minor on behalf of minor
- May be delivered by regular mail or electronic mail
-
May not exceed 15 pages (excluding attachments)
-
Must be filed within 60 days from later of the date of last discriminatory act or when complainant learned of discrimination
- Must include the following information:
i. The complainant's name, mailing address, email address, telephone number, and signature;
ii. The respondent's name, mailing address, email address, and telephone number;
iii. The date of any alleged discriminatory acts;
iv. A statement of facts describing any discriminatory acts;
v. A statement of the relief requested; and
vi. Any supporting documents, exhibits, and affidavits
Upon receipt of the complaint, MSDE will provide written notice of the complaint to the program or school and, if applicable, county board in which program or school is located.
- The county board, program or school shall have 30 days to submit a written response to the Superintendent setting out its position. The response shall contain the following information:
i. A statement of facts relevant to the complaint;
ii. An argument on each allegation raised in the complaint, including citations of authority, reference to relevant legal principles, and reference to pages of documents and exhibits relied upon, if any;
iii. A statement of the relief requested; and
iv. Any supporting documents, exhibits, or affidavits
- Once the State Superintendent has received the written response from the county board, program or school, the Department shall contact the parties and determine if the parties are willing to attempt mediation to remedy and eliminate the alleged discrimination. Mediation is voluntary. If parties agree to mediation, the Department may conduct the mediation or may refer the complaint to the Office of Administrative Hearings for mediation.
- If mediation is successful, the Superintendent shall issue a written statement to both parties of the mediation findings and agreement including timeline for agreed action must be taken. If mediation is not successful (within 60 days), parties may give written notice to the Superintendent who shall issue a decision on the complaint to both parties.
- Must be based on the filings with the Department unless additional information is requested by the Department from either party;
- Shall be in writing;
- Contain any findings of fact and conclusions of law determined by the State Superintendent;
- Specify any action necessary to remedy or eliminate the discrimination, including timeline within which actions must be taken and notification of how to reopen the complaint to remedy or eliminate the discrimination; and
- Include Notice of appeal rights, including any deadlines for filing
If no decision is issued by the State Superintendent within 120 days of the submission of the complaint, the complainant may appeal to the Office of Administrative Hearings
- A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed in mediation or required by the Superintendent's decision may reopen a complaint previously made without having to file a new complaint or engaging in mediation
i. If the Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required by the Superintendent's decision, the Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the county board, program, or school in an amount determined by the Superintendent in accordance with Education Article, § 2-303(b)
The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final administrative decision on the appeal of the Superintendent's decision
Complainant or Respondent may appeal to the Office of Administrative Hearings within 10 days after receiving a decision issued by the State Superintendent OR if the State Superintendent does not issue a decision as required, within 10 days after the date by which the decision should have been issued
ii. Hearing Requests.
a. Either party may appeal the Superintendent's decision to the Office of Administrative Hearings by filing a request for hearing with the Department.
b. The hearing request:
1. Shall be filed within 10 days from the date notice of the Superintendent's decision is sent to the party; or
2. If the Superintendent does not issue a decision within the 120-day time period, may be filed within 130 days after the complaint is filed
3. Shall state the name and address of the parties and any representatives of the parties and the date of the Superintendent's decision
c. Department shall forward a hearing request to OAH within 5 days of the filing date
iii. Hearing Procedure before the Office of Administrative Hearings
a. Shall be in accordance with Administrative Procedure Act
b. Party filing the appeal and request for hearing shall have the burden of proof by a preponderance of the evidence
c. Appeal hearing shall be held in the county where the alleged discrimination occurred
d. ALJ shall issue, by regular mail, a decision and order to the parties stating:
1. Findings of fact;
2. Conclusions of law; and
3. If violation found, a directive:
-to cease and desist;
-to take any affirmative action necessary to effectuate the purposes of Educ. Art. § 26-701 et. seq.
2. Superintendent and the Department may not participate as a party in an appeal
3. Decision of ALJ is final administrative decision and may be appealed to the circuit court
- State Board may stay action of an appeal filed pursuant to COMAR 13A.01.05 that also alleges discrimination in violation of Educ. Art. § 26-701 et. seq. pending mediation agreement or final decision on complaint
- If the subject of the Superintendent's decision is also before the State Board on an appeal filed pursuant to
COMAR 13A.01.05 as described in Regulation .04H of this chapter, the party shall choose between:
- Filing a request for a hearing to appeal the Superintendent's decision to the Office of Administrative Hearings and withdrawing the State Board appeal; or
- Pursuing the appeal before the State Board pursuant to
COMAR 13A.01.05 and foregoing a hearing request to appeal the Superintendent's decision.
Contact:
Teresa Dantzler
Ombudsman
Office: (410) 767-0480
teresa.dantzler1@maryland.gov