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

August 2018


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

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
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
McRae, Michael v. Baltimore City Board of School Commissioners 18-02
P., Rajendra and Erika v. Montgomery County Board of Education 17-07
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
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
T.G. v. Prince George’s County Board of Education 18-10


Moot
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


New Evidence
C., Erin v. Montgomery County Board of Education 17-21
D., Shervon v. Howard County Board of Education 17-10
H., Robin v. Montgomery County Board of Education 16-44

Petition for Declaratory Ruling


Res Judicata



Right to an Evidentiary Hearing



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


Stays


Timeliness

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

Waiver
D., Antoinette v. Montgomery County Board of Education 17-24
Goines, Keith v. Prince George’s County Board of Education 17-16

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

Charter Renewal

In General
Frederick Classical Charter School v. Frederick County Board of Education 17-41

Waiver Request


COMMENSURATE FUNDING

Frederick Classical Charter School Inc. v. Frederick County Board of Education 18-27


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

Smith, Christine v. Baltimore County Board of Education 16-49
Smith, Christine v. Baltimore County Board of Education 17-43


DECLARATORY RULING

In Re: Prince George’s County Travel Funds 17-04

DISCRIMINATION

Age

Disability
Long, Louis v. Calvert County Board of Education 18-20

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

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

Sex


HOME INSTRUCTION



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 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
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
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
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

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
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

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

Transfers
- Child Care
F., Shahla v. Montgomery County Board of Education 18-22
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., 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., Rajendra and Erika v. Montgomery County Board of Education 17-07

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

- Transportation
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
B., Kevin and Leah v. Howard County Board of Education 17-38
I., Shanelle v. Baltimore City Board of School Commissioners 17-03
K., Deborah and Jeffrey v. Montgomery County Board of Education 17-36
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

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

- 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

In General
Banks-Jones, Jacqueline v. Baltimore City Board of School Commissioners 16-42
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