264                                        LAWS OF MARYLAND                                Ch. 185

CHAPTER 185
(House Bill 1380)

AN ACT to repeal and re-enact, with amendments, Section 95 of Article 77 of the
Annotated Code of Maryland (1969 Replacement Volume), title "Public
Education," subtitle "Chapter 6. The Public Schools," to subject schools in
Baltimore City to the provisions of Section 95 relating to suspension and
expulsion of pupils.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 95 of Article 77 of the Annotated Code of Maryland
(1969 Replacement Volume), title "Public Education," subtitle "Chapter 6. The
Public Schools," be and it is hereby repealed and re-enacted, with amendments, to
read as follows:

95.

(a)  The principal of every public school in Maryland, in accordance with the
rules of the county board of education, OR THE BOARD OF SCHOOL
COMMISSIONERS OF BALTIMORE CITY, shall have the right to suspend
temporarily, for cause, any pupil in the school under the direction of said principal
for a period of not more than five school days, provided, however, that the pupil,
parent, or guardian shall be given a conference promptly with the principal and
appropriate personnel during the suspension period.

(b)   Longer suspension or expulsions may be made by the [county] LOCAL
superintendent of schools at the request of the principal. In case the principal shall
determine that a longer suspension or expulsion is warranted, he shall forthwith in
writing report the matter to the [county] LOCAL superintendent of schools. The
superintendent or his designated representative shall make promptly a thorough
investigation of the problem. If the [county] LOCAL superintendent, after such
investigation shall determine that a longer suspension or expulsion is warranted,
he, or his designated representative, shall arrange promptly a conference with the
pupil and his parent or guardian. If the [county] LOCAL superintendent, or his
designated representative, after such conference, shall determine that a suspension
of more than ten school days or expulsion is warranted, the pupil or his parent or
guardian shall have the right to appeal to the [county] LOCAL board of
education within ten days thereafter and to request an opportunity to be heard
before [such county] THE LOCAL board or a designated committee thereof. The
pupil or his parent or guardian shall be allowed to bring counsel and witnesses, if
he so desires. Unless a public hearing is requested by the parent or guardian of the
pupil, hearings shall be conducted out of the presence of all persons except those
whose presence is deemed necessary or desirable by the board. The appeal to the
[county] LOCAL board shall not operate as a stay of the decision of the [county]
LOCAL superintendent. The decision of the [county] LOCAL board shall be
final.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take

effect July 1, 1973.

Approved April 26, 1973.