Appeal and Hearing Procedures

FCPS follows the appeals process set forth in Education Article, § 4-205(c), Annotated Code of Maryland, which includes the right to appeal to the State Board of Education from a local board’s decision. The information below explains the types of appeals and how to initiate them.

Overview

There are six main types of appeals in FCPS. Each type has specific deadlines and procedures. It’s important to follow these timelines to ensure your appeal is considered

Appeal Type	Form Link	Who to Appeal To	Deadline	Notes
General Decision (first occurrence)	Form 105-F02 Appeal Information Superintendent (or Designee) Level	Superintendent	Within 30 days of the decision	Applies to most administrative or operational decisions not related to student discipline.
General Decision of the Superintendent	Form 105-F01 Appeal Form - Board Level	Board of Education	Within 30 days of the Superintendent’s decision	Use this when appealing a Superintendent’s decision on general matters.
Student Discipline (10 days or less)	Form 105-F03 Student Discipline Appeal For Suspension of 10 Days or Less	Superintendent	Within 10 days of the disciplinary action	For short-term suspensions or other disciplinary actions of 10 days or less.
Student Discipline (11 or more days)	Form 105-F04 Student Discipline Appeal For Suspension of More than 10 Days or Expulsion	Board of Education	Within 10 days of the disciplinary action	For extended suspensions or expulsions (11 or more days).
Appeal of an Out-of-District Enrollment Decision	Form 400-15-F02 Initial Appeal for Out-of-District Form Director of Student Services Level of Appeal	Director of Student Services	Within 10 days of the decision	Applies to Pre-K, special programs, or other out-of-district placement decisions.
Transportation Appeal	Form 200-14-F01 Transportation Appeal	Chief Operating Officer (Superintendent’s Designee)	Within 30 days of Level 2 Decision	For bus or transportation service decisions after Level 2 review.

Board Policies and Regulations for Appeals

Appeal Type	Description	Policy / Regulation Link
Superintendent’s Appeal	Describes the process for appealing decisions made by the Superintendent, including timelines and required documentation.	View Policy 105
Board Appeal	Provides procedures for appealing decisions to the Board of Education.	View Policy 105
Student Discipline	Establishes the framework for promoting a safe and orderly environment conducive to effective learning.	View Policy 403
	Outlines procedures and consequences for student misconduct, including suspension and expulsion processes.	View Regulation 403-01
	Details the steps and considerations involved in suspension and expulsion decisions.	View Regulation 408-01
Out-of-District Placement	Specifies the criteria and procedures for requesting enrollment outside a student's designated attendance area.	View Regulation 400-15
Transportation	Outlines the steps for appealing transportation-related decisions, including the necessary forms and procedures.	View Regulation 200-14

How to File an Appeal

Identify the type of appeal: Use the table above to determine which category fits your situation.

Prepare your documentation: Include all relevant details, dates, and prior communications.

Submit your appeal: Follow the instructions provided for the appropriate office (Superintendent, Board, Student Services, or Chief Operating Officer).

Follow deadlines: Appeals submitted late may not be considered.

Frequently Asked Questions

Q: Can I appeal a decision made by the Board of Education?

A: Yes, you can appeal to the State Board of Education if you disagree with a decision made by the local Board.

Q: How long will it take to get a response?

A: Response times vary depending on the type of appeal. Generally, the reviewing office will communicate a timeline when your appeal is received. Under Education Article § 4-205(c) of the Annotated Code of Maryland, there is no statutory requirement specifying a timeline within which a county superintendent or their designee must render a decision on an appeal. However, as a best practice we aim for 3-6 weeks to promote timely and fair resolution of appeals.

Q: Can I get help filing an appeal?

A: Yes. Contact your school or department office for assistance in determining the correct appeal path and preparing your documentation.

Q: What happens after I file my appeal?

A: The designated office reviews your appeal, may request additional information, and makes a decision. You may be invited in to meet with the hearing officer, but this is not always required or necessary. You will receive a written response outlining the outcome.

Q: What if I miss the deadline?

A: Appeals submitted after the deadline may not be considered, even if they have merit. Contact the relevant office immediately if you believe there are extenuating circumstances.

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Frederick County Public Schools