Standard of Review

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.