The primary purpose of any behavior intervention should be rehabilitative, restorative, educational, and administered in a way to keep students within their regular academic program to the greatest extent practicable. Suspensions and expulsions are to be used only as a last resort
MCPS student discipline is progressive, taking into account the student’s age, culture, circumstances of the incident, and previous serious behavioral interventions. Student discipline is applied in accordance with the MCPS Student Code of Conduct, MCPS Regulation JGA-RB, Suspension and Expulsion, and Board Policy JGA, Behavior Intervention, Safety, and Well-being Plan.
Due to the severity of a student’s behavior and potential implications for future harm, a student’s principal may suspend a student for 10 days with a recommendation for an extended suspension or expulsion (10&E). When this occurs, the Division of Appeals will hold a discipline hearing to ensure provision of your child’s due process rights. Discipline hearings are scheduled automatically when a principal requests a suspension for longer than 10 days. A staff member from your child’s school will contact you with the discipline hearing meeting information.
A discipline hearing serves to ensure provision of your child’s due process rights. You and your child have a right to hear the behavioral infraction(s) your child is accused of violating and to present your child’s perspective on the incident.
If your child is recommended for a 10&E, you will be notified of the hearing date and time by school administration and/or the school’s assigned pupil personnel worker (PPW). The hearing will either occur virtually, or in-person at the Carver Educational Services Center (CESC) at 850 Hungerford Dr., Rockville, MD 20850, depending on the severity of the student’s behavior. Your child must attend this hearing.
The following participants will attend your child’s discipline hearing: school administrators, PPW, parent/guardian, student, and hearing officer.
The hearing officer will facilitate the discipline hearing. During the hearing, the school administration presents the findings of their investigation and the student is provided the opportunity to talk about the incident from their perspective. Parents are asked to provide information about the student and/or the incident. Pupil Personnel Workers (PPWs) support the family through the process and review the students' educational history during the hearing.
Following the discipline hearing, the hearing officer will provide a written recommendation to the superintendent’s designee. Only the superintendent or her designee can suspend a student for longer than 10 days.
All outcomes of the discipline hearing result in a continuation of educational services for the student. There are three possible outcomes of the discipline hearing:
The superintendent’s decision letter and a copy of the hearing officer’s report is sent to the parent/guardian by email and United States Postal Service. In addition, the PPW will call and provide the parent with notification of next steps. Unless there is a delay in the process, parents receive this notification no later than the 10th day of the suspension.
Family advocates are permitted to attend the discipline hearing to provide support to parents/guardians. However, family advocates are not permitted to participate in the actual hearing.
Attorneys may attend the discipline hearing to provide support to parents/guardians. However, attorneys are not permitted to participate in the actual hearing, and will not be allowed to make an opening statement, cross- examine witnesses, or ask questions.
If a parent/guardian subsequently appeals the discipline decision of the superintendent’s designee to the MCPS Board of Education (BOE), they will be entitled to an evidentiary hearing, where lawyers are permitted to attend and participate in the BOE hearing with proper notification to the MCPS Office of General Counsel.
Suspensions and expulsions of students with disabilities are applied in accordance with MCPS Regulation JGA-RC, Suspension and Expulsion of Students with Disabilities.
Should you wish to file an appeal of the decision, you may do so by writing to the Montgomery County Board of Education (Board), via email at boeappeals@mcpsmd.org, located at 15 West Gude, Suite 116C, Rockville, Maryland 20850, as soon as possible, but not later than 10 calendar days from the date of the decision letter. Under Board Policy BLB, Rules of Procedure in Appeals and Hearings, “filing” means the appeal must be received by the Board, so your appeal must be received by the Board within 10 calendar days from the date of the decision letter.
The Board of Education appeal hearing is an evidentiary hearing. A hearing examiner is assigned to facilitate the hearing and informal rules of evidence apply. A lawyer will be assigned to represent MCPS who will present evidence, call witnesses, and provide oral arguments. You may retain a lawyer for this hearing, but you are not required to do so. You or your lawyer will also be able to present evidence, call witnesses, and provide oral arguments. At the conclusion of the hearing, the hearing examiner will provide written recommendations to the Board to consider and vote on at its next meeting.