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Student Appeals

Serving as the Superintendent's designee, the Office of Appeals and Hearings is authorized to adjudicate appealed cases when a decision has been issued by the primary decision-making central office. A parent or legal guardian may appeal a decision within ten (10) business days of notice when a right to appeal is authorized in by Administrative Procedure or law.  An appeal right is not granted for all decisions.

The Office of Appeals and Hearings reviews an appeal in order to determine whether: 

1) an alleged violation of established policy or procedure has been demonstrated or

2) whether the circumstances surrounding the appeal would present a unique hardship on the student or family that would necessitate an exception to policy or procedure.

Unique Hardship:  A unique hardship is an extenuating circumstance that is not typical for most families in the school system and that creates a barrier to school attendance or access to services, such that an exception to policy, practice or law may be warranted. Examples of such hardships may include situations where a student has specialized medical or health needs that require proximity to a specific school or facility, documented safety concerns or threats at the boundary school, or specialized educational programming or services that are available only at the requested school. Other extraordinary circumstances that prevent reasonable access to the boundary school may also qualify as unique hardships.

A unique hardship will not negate noncompliance with requirements or processes outlined in associated administrative procedures without just cause. Unique hardship as a grounds for appeal is not available for speciality program placement or eligibility

The Office of Appeals and Hearings is not a policy-making entity and will not subvert procedures as written without just cause.

Early Entrance to First Grade (AP 5111.11)

The Office of Appeals and Hearings does not facilitate appeals for early entrance into pre-kindergarten or kindergarten. Please see Administrative Procedure 5111.1 Administration to Pre-Kindergarten, Kindergarten and First grade 

The Office of Appeals and Hearings facilitates appeals for early entrance denials to first grade. Please refer to Administrative Procedure 5111.11 Early Entrance Into First Grade.

Please ensure that all steps of the appeal hierarchy as outlined in the AP and extracted below:

  1. Schools shall keep records of all students requesting Early Entrance into First Grade. This file will be kept in one folder in the main office entitled “Early Entrance to First Grade.” The document will include the first and last name of the student, the student identification number, the date of the SIT assessment review and final SIT determination (Remaining in Kindergarten or Moved to First Grade).
  2. The SIT’s final decision letter must be included in each student’s cumulative file.
  3. Schools will work in collaboration with the Division of Academics to resolve errors made by school-based staff.
  4. Any appeals will be directed to the Office of Appeals.

 

Kinship / Informal Care Arrangements

Kinship / Informal Care Arrangements

Administrative Procedure 5118.1 - Informal Care Arrangements and the Enrollment of Non-Resident Students provides guidance on the kinship application process and requirements.  

The Office of Pupil Accounting and School Boundaries (PASB) is responsible for the review, approval and/or denial of Informal Kinship Care applications.  To appeal, a denial from PASB office is required.

“Informal kinship care” defined by Maryland Senate Bill 32, means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship. This bill provides for the funding of the education of a child in an informal kinship care relationship due to a serious family hardship.

A child who is a resident of this state may attend a public school in Prince George’s County  if the child lives with a relative providing informal kinship care in the county and the relative verifies the informal care relationship through a sworn affidavit.

The affidavit shall be accompanied by supporting documentation of one or more serious family hardships and, where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the information in the affidavit.

Serious family hardship means:
  • Death of a parent or legal guardian of the child;
  • Serious illness of a parent or legal guardian of the child;
  • Drug addiction of a parent or legal guardian of the child;
  • Incarceration of a parent or legal guardian of the child;
  • Abandonment by a parent or legal guardian of the child;
  • Assignment of a parent or legal guardian of a child to active military duty.

Lottery Administration

Administrative Procedure 6148 - Lottery and Audition Administration and Selection Procedures governs the lottery process in PGCPS.

Determinations regarding eligibility and placements under this administrative procedure are be made by the Department of Pupil Accounting and Schools Boundaries.

Please ensure that all steps of the appeal hierarchy are completed as outlined in the AP and extracted below:

Appeal Procedures

    1. Determinations regarding eligibility and placements under this administrative procedure shall be made by the Department of Student Enrollment Services. However, a person adversely affected by such a decision may appeal the decision to the Office of Appeals, acting as designee of the Superintendent.
    2. The Office of Appeals and Hearings must receive in writing any appeal within ten (10) calendar days of the date of the decision letter. The appellant should indicate the reason for seeking review of the decision and may include additional information for consideration. If the appellant provides additional information, the Office of Appeals will provide the Superintendent/designee an opportunity to respond.
    3. The Office of Appeals and Hearings will determine if there was a material departure from the policies and procedures by the Program Coordinator, Principal, Instructional Director, or the Department of Student Enrollment Services, which adversely impacted the appellant. In addition, the Office of Appeals and Hearings should determine if the appellant's circumstances are sufficiently unique to justify deviating from the adopted rules and procedures for the lottery without injury to the principles of equity and fairness. The appeal may be approved if either of these circumstances are found to exist or at the discretion of the Superintendent.
    4. An appeal of the decision made by the Office of Appeals and Hearings may be submitted to the Board. The appeal must be made in writing and received by the Board Office within 30 calendar days of the date on the decision letter from the Office of Appeals and Hearings, acting as the Superintendent's designee.
    5. If there is additional information in the appeal to the Board, the Office of Appeals will be given an opportunity to respond in writing and shall provide a copy of its response to the appellant before the Board considers the appeal.
    6. The Board's decision may be appealed to the State Board of Education within 10 days.

Specialty Program Eligibility, Placement & Withdrawal

PGCPS offers a spectrum of specialty programs, and students may be subject to removal from program for reasons to include  academic standing, behavior or attendance. A parent may appeal the eligibility, placement and/or withdrawal of their child from a specialty program.

Please refer to the associated Administrative Procedure to ensure that all steps of the appeal hierarchy have been addressed.  Before an appeal will be accepted, all steps of the appeal process must be completed.   

Included are:

AP 6142.1 - Career and Technical Education

AP 6142.3 - Entrance, Monitoring and Exit Procedures for the Science and Technology Center Programs and Aerospace Engineering and Aviation Technology Program

AP 6143.1 - The International Baccalaureate Programmes

AP 6144 - Language Immersion Programs

AP 6144.1 - Creative and Performing Arts (CPA) and Visual and Performing Arts (VPA) Program Monitoring and Exiting Guidelines

AP 6147 - Entrance, Monitoring and Exit Procedures for Pathways in Technology Early College High School (P-TECH)

 AP 6165 - Entrance, Monitoring and Exit Procedures for 3D Scholars Program

AP 6192 - Montessori Program Monitoring and Exiting Guidelines

All decisions of the Office of Appeals and Hearings may be appealed to the Prince George's County Public Schools Board of Education.

Student Transfer Denials

STUDENT TRANSFER DENIALS

A parent or guardian may appeal a student transfer denial issued by the Office of Student Records, Transfers and Archival Services within ten days of the date of denials. 

The appeal should be submitted via the Student Appeal Intake Form. All relative documentation should be uploaded.

Student transfers are governed by Administrative Policy 5110.3 - Student Transfers.

Important Notes:

  • No transfers to a specialty school where entrance is gained through the lottery or audition program will be considered (e.g., Creative and Performing Arts, Visual and Performing Arts, Montessori, Charter,  Talented and Gifted, etc).
  • Transfers for pre-kindergarten programs are not permitted.

Unique Hardship: A unique hardship is an extenuating circumstance that is not typical for most families in the school system and that creates a barrier to school attendance or access to services, such that an exception to policy, practice or law may be warranted. Examples of such hardships may include situations where a student has specialized medical or health needs that require proximity to a specific school or facility, documented safety concerns or threats at the boundary school, or specialized educational programming or services that are available only at the requested school. Other extraordinary circumstances that prevent reasonable access to the boundary school may also qualify as unique hardships.

A unique hardship will not negate noncompliance with requirements or processes outlined in associated administrative procedures without just cause. Unique hardship as a grounds for appeal is not available for speciality program placement or eligibility. The Office of Appeals and Hearings will not advance a student on a wait-list.

  • Bullying, Harassment and Intimidation: The Department of Student Services is responsible for the review and approval of student transfer requests in the area of bullying, harassment and intimidation. Transfer requests to a specific school may only be granted if the circumstances are warranted through an investigation and space is available at the requested school. In cases where school transfers are granted, transportation is the responsibility of the parent/guardian. Requests may be made via email to studentservices.br@pgcps.org.

 

Talented & Gifted: Identification and Nomination

Administrative Procedure 6142.2 - Talented and Gifted Student Program

AP 6142.2 Attachment 1 - TAG Identification Procedures.pdf - establishes the procedures and criteria for the identification of students.   Before an appeal can be accepted, all steps of the appeal process must be completed as outlined below.   

  1. Parents may request a review of the screening process by contacting the school-based TAG Coordinator to review the student’s screening paperwork.  
  2. Parents may request a rescreening with a new teacher checklist and/or report card grades. 
  3. Parents may request a further review of the TAG screening documents by contacting the TAG Office Supervisor. 
  4. Final appeals  may be submitted to the Office of Appeals. The Office of Appeals and Hearings designee will review the appeal.

 

 

 

 

 

Other Student Appeals

A decision may be appealed when a right is stipulated by administrative procedure, law or policy.   The Office of Appeals and Hearings is not involved in the grade appeal process or the retention, promotion of students.  Please refer to AP 5116 - Grade Change Authorization and Appeals


Administrative Procedure 5123.2 - General Procedures Pertaining to Promotion, Retention and Acceleration of Students

Other Student Appeal Types:

 

Home and Hospital Teaching Services

Administrative Procedure 5011 - Home and Hospital Teaching

Language Immersion Reciprocity

Administrative Procedure 6144 - Language Immersion Programs

McKinney Vento Program (Homeless) Denial

Administrative Procedure 5010 - Homeless Children and Youth-School Access and Services

Parents have a right to appeal a denial of Homeless Education. 

Montessori Reciprocity

Administrative Procedure 6148 - Lottery and Audition Administration and Selection Procedures (see page 10)

Student Records Access / Amendment

Administrative Procedure 5125 - Individual Student School-Based Records