It’s Time to File Your Appeal

Frustrated with the Board of Education’s decision to conduct a feasibility study for the proposed Waring Station holding school?  Since the feasibility study was approved on February 8, 2011, you only have until March 7, 2011 to file an appeal.  (Don’t wait until March 8, your appeal might not arrive in time!)

A concerned homeowner has been in touch with the Parents’ Coalition of Montgomery County, Maryland and they provided the homeowner with the following suggestions for filing an appeal.  Be sure to visit all of the links to review the reference information:

Maryland law permits parents and citizens to appeal decisions of local Boards of Education.  So keep in mind that any time a Board of Education takes a vote that creates a Board action that can be appealed to the State Board of Education (Definitions)

This section lays out exactly what has to be in an appeal document. Go right down the list and include each thing. Do not wait until the 30th day to appeal. Many appeals have been thrown out because the appellant miscounted the days and was off by one!  (Appeal Contents)

Send appeal by Certified Mail, Return Receipt.

What happens after the appeal is filed?

You never know how an appeal is going to turn out.  [Sometimes the local Board of Education will be reprimanded, sometimes the State Board will uphold the local Board’s decision, sometimes the decision will be remanded back to the local Board for further action.]

And the decision of the State Board of Education can then be appealed to the Circuit Court. An appeal also lets the press and the public see your points laid out in a public document. An appeal creates a place for the discussion of an issue to begin.

Circuit Court review

School closing decisions

Also:

Code of Maryland

This is most important paragraph to include in appeal. This is from the Code of Maryland and shows that you are appealing under this law:

The State Board has authority to hear this appeal pursuant to Code of Maryland Section 13A.01.01.03. The State Board can substitute its judgment for that of the County Board because this decision was arbitrary, unreasonable, and illegal.   The decision was contrary to sound educational policy and is an abuse of discretionary powers.  A reasonable mind could not have reasonably reached the decision reached by the Local Board.

You can read past decisions of the State Board of Education to get an idea of what they look for in Appeals.

I hope this information is helpful!

Thank you very much for sharing this information with us.  I’m sure that it will prove useful.

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