School board authority in Maryland

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Maryland state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Maryland law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Maryland law on school boards' authority over district policy. This section features the statutes in Maryland law that establish, enable, or define local school district boards.
- Constraints on Maryland school boards' authority. This section provides an overview of constraints on the school boards' authority in Maryland. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Maryland compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Maryland.
School board authority over district policy in Maryland
Enabling or authorizing statute for the boards of school districts in Maryland
- See also: Enabling statute
Maryland Code, ED§§ 3-103 and 3-104 create county school district boards and give them authority to operate according to state law:[1][2]
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Maryland school boards' powers and duties
Maryland public school boards of directors are given broad authority to administer the public schools in Maryland. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:
- determining curriculum guides and courses of study for the schools in the district that are aligned with content standards established by the State Department of Education,
- determining the educational policies for the county,
- adopting and maintaining an antidiscrimination policy, and
- maintaining a reasonable level of uniformity across the district to provide equal educational opportunities to all children.
The list of powers and duties school district boards are charged with appears in MD Education Code § 4-108 and §4-111 and are as follows:[4][5]
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Constraints on Maryland school boards' authority
This section tracks constraints on school boards specific to Maryland as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Maryland school boards' authority by topic
This section features constraints on Maryland school boards' authority on policies related to the following topics:
Curriculum requirements
Maryland requires the following specific topics to be included in each district's curriculum:[6][7][8][9][10]
- CPR and automated external defibrillator use,
- age-appropriate sexual abuse and assault prevention and awareness,
- age-appropriate instruction on consent and personal boundaries,
- oral health including oral disease prevention and dental health, and
- computer science.
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.
Case law:
The Supreme Court of the United States ruled on June 27, 2025, that Maryland schools must allow parents to opt out of instruction in which storybooks with LGBTQ themes are discussed.[11]
Book bans, removals, and restrictions
Maryland school boards have the authority to add and remove books from school libraries.[13]
According to the 2024 Freedom to Read Act, public school library media programs must be operated according to certain standards. These standards include a prohibition against removing books or other materials solely because of the author or artist's background, origin, or viewpoints or because of partisan reasons. The act also prohibits school boards from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against librarians for performing job duties that are consistent with the standards of the bill.[14][15]
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Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[16][17][18]
Parental notification
Ballotpedia could not identify any parental notification requirements in Maryland statutes, regulations, or collective bargaining agreements.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[20]
Discipline
Maryland is one of 47 states that gives school boards authority over district disciplinary policy.
Section 7-1105 of Maryland's Education Code reads:[21]
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School board elections
- See also: Rules governing school board election dates and timing in Maryland, How does Maryland compare to other states on school board authority over election timing?
Maryland is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Maryland.
Public school choice and open enrollment
- See also: School choice in Maryland
School boards in Maryland have the authority to adopt policies concerning residency and are not legally required to provide for intradistrict or interdistrict open enrollment generally. Maryland Education Code § 7-101 addresses this provision and its exceptions. School boards are required to allow the children of service members and children placed by the local department of social services or the Department of Juvenile Services to attend school in counties where they are not domiciled:[23]
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Charter schools
- See also: Charter schools in Maryland, How does Maryland compare to other states on school board authority over charter schools?
Maryland is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
The county boards of education are the sole chartering authorities in Maryland.[24]
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Cellphone bans
Maryland is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[25][26]
Maryland school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, the Baltimore Teacher Contract requires the Baltimore City Board to include school library media specialists in any library and media services curriculum writing committees.[27]
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Parents' bill of rights
Maryland is one of 24 states that does not have a statewide Parents' Bill of Rights.
How does Maryland compare to other states?
This section compares Maryland's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[28]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Supreme Court allows Maryland parents to opt children out of LGBTQ+ curriculum (2025):The Supreme Court of the United States ruled on June 27, 2025, that Maryland schools must allow parents to opt out of instruction in which storybooks with LGBTQ themes are discussed. Maryland parents petitioned the U.S. Supreme Court on September 12, 2024, to allow them to opt their children out of instruction on gender and sexuality after the United States Court of Appeals for the Fourth Circuit upheld Montgomery School Districts decision to remove parents' ability to do so. In the case, Mahmoud v. Taylor, parents in Montgomery County challenged the district's removal of parental notice and opt-outs for books containing LGBTQ+ material for pre-K through 5th grade students, contending the curriculum infringed on their constitutional right to religious freedom. The appeals court ruled that the parents did not adequately demonstrate how the curriculum would burden their rights, holding that the record of how teachers taught or discussed the books was scant. The Supreme Court reversed the decision.[29][30][31][32]
- Maryland requires school district boards to align curriculum standards with state standards (2025): Maryland Governor Wes Moore (D) signed House Bill (HB) 0161 on May 6, 2025, that required school district boards to create curriculum guides and standards that aligned with content standards established by the State Department of Education. It established a process for the State Superintendent of Education to correct discrepancies found between state and district curriculum standards.[33]
- Governor signed bill requiring school boards to fund local workforce development boards (2025): Maryland Governor Wes Moore (D) signed House Bill (HB) 0504 on May 6, 2025, that, among other provisions, requires school boards to provide funding that supports career counseling for middle and high schoolers. It also authorizes school boards to exceed certain tax and revenue limits under certain circumstances. The bill became effective July 1, 2025.[34]
- Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[35]
- Maryland parents oppose state health education framework (2022): A group of Maryland parents, according to The Washington Post, expressed opposition in May to a state health education framework that outlined how educators should teach students about mental and emotional health; substance abuse prevention; family life and human sexuality; safety and violence prevention; healthy eating; and disease prevention and control. The parents argued that the standards for family life and human sexuality education are not age-appropriate and that parents should be allowed to offer input on how their children are taught certain topics.[36][37]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ Case Text, "Md. Code, ED§ 3-103," March 11, 2025
- ↑ Case Text, "Md. Code, ED§ 3-104," March 11, 2025
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Justia Law, "MD Education Code § 4-108 (2024)," March 11, 2025
- ↑ Justia Law, "MD Education Code § 4-111 (2024)," March 12, 2025
- ↑ Justia Law, "MD Education Code § 7-205.2 (2024)," March 12, 2025
- ↑ Justia Law, "MD Education Code § 7-439 (2024)," March 12, 2025
- ↑ Justia Law, "MD Education Code § 7-445 (2024)," March 12, 2025
- ↑ Justia Law, "MD Education Code § 4-111.2 (2024)," March 12, 2025
- ↑ Justia Law, "MD Education Code § 4-111.4 (2024)," March 12, 2025
- ↑ The New York Times, "Justices Let Parents Opt Children Out of Classes With L.G.B.T.Q. Storybooks," accessed June 27, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Justia Law, "MD Education Code § 7-106 (2024)," March 12, 2025
- ↑ Truth Out, "Maryland Governor Signs “Freedom to Read Act” Into Law," April 26, 2024
- ↑ Maryland General Assembly, "Legislation - HB0785," accessed March 21, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Justia Law, "MD Education Code § 7-1105 (2024)," March 12, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Justia Law, "MD Education Code § 7-101 (2024)," March 12, 2025
- ↑ Justia Law, "MD Education Code § 9-103 (2024)," March 12 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Baltimore Teachers Union, "2023-2026 Teacher Contract," March 12, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ The New York Times, "Justices Let Parents Opt Children Out of Classes With L.G.B.T.Q. Storybooks," accessed June 27, 2025
- ↑ Reuters, "Maryland parents can't opt kids out of LGBTQ book curriculum, court rules," May 15, 2024
- ↑ Becket Law, "Religious parents to Supreme Court: restore opt-outs for instruction on gender and sexuality," September 20, 2024
- ↑ K-12 Dive, "SCOTUS to hear case on LGBTQ+ inclusive curriculum opt-outs," accessed January 21, 2025
- ↑ Maryland General Assembly, "HB0161," accessed May 8, 2025
- ↑ Maryland General Assembly, "Legislation - HB0504," accessed May 7, 2025
- ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
- ↑ The Washington Post, "Some Md. parents argue a new health curriculum is unfit for young students," May 17, 2022
- ↑ Maryland State Department of Education, "Maryland Comprehensive Health Education Framework: Pre-Kindergarten through High School," accessed May 25, 2022