Student Appeals

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 and Hearings by completing the linked intake form - Student Appeal Intake Form

Administrative Procedure 5011 - Home and Hospital Teaching

1. Dispute Resolution 
   1. Home and hospital teaching concerns/disputes should first be referred to the Office of Home and Hospital Teaching for resolution (home.hospital@pgcps.org.)
   2. If the dispute is not resolved, the parent may appeal to the Office of Appeals and Hearings within ten (10) calendar days by completing the linked appeal intake form - 
   Student Appeal Intake Form

A letter of denial from the Office of Home and Hospital Teaching is required to appeal to the Office of Appeals and Hearings.

Kinship / Informal Care Arrangements

Administrative Procedure 5118.1 - Informal Care Arrangements and the Enrollment of Non-Resident Students

A letter of denial issued by the Division of Student Enrollment Services / Department of Pupil Accounting and School Boundaries is required for appellate review by the Office of Appeals and Hearings.

Administrative Procedure 6144 - Language Immersion Programs

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 Student Enrollment Services (pgcps.lotteryforms@pgcps.org.)

The Office of Appeals and Hearings will not advance a student on the waitlist.  A parent/legal guardian may appeal a decision of the Department of Student Enrollment Services if there is a demonstrated violation of policy or procedure.  Unique hardship may not be an available grounds of appeal when eligibility/placement is contingent on testing, audition or qualification.

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

Appeal Procedures

1. 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 and Hearings, 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's 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.

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.

Administrative Procedure 5134 - Family Educational Rights and Privacy Act (FERPA) Annual Notice and Directory Information

• In accordance with Administrative Procedure 5125, if a parent or eligible believes the student's education records contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, the parent may ask the school principal in writing to amend the record.The school principal will provide a written response to the parent's request within five (5) school days of receipt.  
• If the parent wishes to appeal the school principal's decision, the parent may file a written appeal within five (5) school days to the Associate Superintendent.
• If the parent wishes to appeal the Associate Superintendent's decision, the parent may file a written request a hearing within five (5) school days with the Office of Appeals and Hearings, which serves as the Superintendent's designee.  

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 (10) business days of the date of denial. 

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

Important Notes:

• A parent may appeal a formal denial from the Office of Student Records, Transfers and Archival Services (OSRTAS) that occurs during the designated student transfer window. 
• Only schools on the designated transfer list are eligible for a student transfer.  Requests for transfers to schools outside of this list are not appealable.
• Safety transfer requests are facilitated by the appropriate Area Office.  See AP 5110.3
• Bullying transfers are facilitated through the Department of Student Services.  student.servicesbr@pgcps.org.  See AP 5110.3
• Employee-based transfer requests are granted by the OSRTAS and all decisions are final.  The Office of Appeals and Hearings does not review appeals for these transfers.
• Transfers are not granted to any 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.

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 (tag.office@pgcps.org). 
4. Final appeals may be submitted to the Office of Appeals and Hearings. Only appeals reviewed and denied by the Talented and Gifted Office will be accepted.The Office of Appeals and Hearings designee will review the appeal.  

Appellant: The person initiating the appeal, which may be the parent or legal guardian.

Grounds for appeal are the reasons asserted by an Appellant to challenge a decision. The Appellant must establish that the appeal is based on one of the two grounds available under the applicable appeal process. Mere disagreement with a decision, without demonstrating that it falls within one of the recognized grounds for appeal, is insufficient to establish a valid basis for appeal.  A parent/legal guardian may appeal a decision based upon one or both of the following grounds for appeal:

1. Violation of Established Policy or Procedure: A violation of an applicable policy, administrative procedure, regulation, or established process can be demonstrated; and/or
2. Unique Hardship: The circumstances surrounding the appeal present a unique hardship that would necessitate an exception to an applicable 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. 

For appeals relating to specialty school programs, lottery or other programs requiring testing or qualification, unique hardship may not be an available grounds of appeal. Additionally, a claim of unique hardship does not, by itself, excuse noncompliance with requirements or processes established by applicable law, regulation, policy, or administrative procedure. An exception may be considered only when permitted by the applicable authority and when sufficient justification exists.

Standard of Review:  The standard of review identifies the criteria that will apply when evaluating the merits of an appeal.

Pursuant to Md. Code Ann., Educ. Art. § 4-205(c)(3), the Office of Appeals and Hearings reviews the merits of an appeal to determine whether the decision was arbitrary, unreasonable, or illegal.

COMAR 13A.01.05.06 provides:

A decision may be arbitrary or unreasonable if it is one or more of the following:

1. It is contrary to sound educational policy; or
2. A reasoning mind could not have reasonably reached the conclusion that the local board or local superintendent reached.

A decision may be illegal if it is one or more of the following:

1. Unconstitutional;
2. Exceeds the statutory authority or jurisdiction of the local board;
3. Misconstrues the law;
4. Results from an unlawful procedure;
5. Is an abuse of discretionary powers; or
6. Is affected by any other error of law.

There are several reasons why OAH will not accept an appeal from a parent/legal guardian.

• OAH does not have jurisdiction to hear the appeal (outside of the scope of appeal).  A right to appeal is not granted for all decisions.  A right to appeal must be granted through an administrative procedure or law;
• The timeframe to appeal (beyond 10 business days) has expired;
• All of the steps of the appeal hierarchy have not been completed (premature submission) according to the administrative procedure; or
• A copy of the decision being appealed is not provided.

OAH may be unable to review an appeal if:

• No administrative procedure, Board policy, regulation, or law provides a right to appeal the decision;
• The appeal was submitted after the applicable deadline;
• Required review steps were not completed before the appeal was submitted;
• A copy of the decision being challenged was not provided; or
• The matter falls outside OAH's authority.

To help avoid delays, please include:

• A completed appeal request (intake submission form);
• A copy of the written decision being appealed (required); and
• A brief explanation of why you believe the decision should be changed, specifically what procedure was violated and how or a detailed explanation on the unique hardship; and
• Any supporting documentation you would like OAH to consider.

The applicable administrative procedure is linked to the Google intake form. Please review that procedure for filing deadlines, required review steps, and required documentation.

Within 48 hours of submission, the appellant will receive an email acknowledgment to confirm receipt, along with additional information on next steps in the process.

The acknowledgment confirms only that OAH received the appeal. It does not mean the appeal has been accepted for review. OAH will review the submission to determine whether:

• OAH has the authority to review the appeal;
• The appeal was submitted within the applicable deadline;
• The required review steps have been completed; and
• The required documentation has been provided.

Appeal submissions are not confidential from the individuals and offices involved in reviewing and responding to the appeal. The Office of Appeals and Hearings (OAH) may share the appeal and supporting documentation with appropriate parties, including the school or office that issued the decision being appealed, to obtain the records and information necessary to review the matter.

Appeal records are handled in accordance with applicable student privacy requirements and are not shared with individuals who do not have a legitimate role in the appeal process.