# COMAR Title 13A — State Board of Education

## Subtitle 02 — Local School Administration

### Chapter 09 — Closing of Schools

**Authority:** Education Article, §§2-205, 4-101, 4-119, and 4-205, Annotated Code of Maryland

**Administrative History:** Effective date: August 2, 1982 (9:15 Md. R. 1516)

**Administrative History:** Regulations .01 and .03 amended effective August 26, 1985 (12:17 Md. R. 1707); January 15, 1989 (15:27 Md. R. 3131)

#### Regulation .01 Adoption of Procedures to Govern School Closings.

*COMAR 13A.02.09.01*

A. Each local board of education shall establish procedures to be used in making decisions on school closings.

B. The procedures shall ensure, at a minimum, that consideration is given to the impact of the proposed closing on the following factors:

  (1) Student enrollment trends;

  (2) Age or condition of school buildings;

  (3) Transportation;

  (4) Educational programs;

  (5) Racial composition of student body;

  (6) Financial considerations;

  (7) Student relocation;

  (8) Impact on community in geographic attendance area for school proposed to be closed and school, or schools, to which students will be relocating.

C. The procedures shall provide, at a minimum, for the following requirements:

  (1) A public hearing to permit concerned citizens an opportunity to submit their views orally or to submit written testimony or data on a proposed school closing. This includes the following:

    (a) The public hearing shall take place before any final decision by a local board of education to close a school;

    (b) Time limits on the submission of oral or written testimony and data shall be clearly defined in the notification of the public meeting.

  (2) Adequate notice to parents and guardians of students in attendance at all schools that are being considered for closure by the local board of education. The following apply:

    (a) In addition to any regular means of notification used by a local school system, written notification of all schools that are under consideration for closing shall be advertised in at least two newspapers having general circulation in the geographic attendance area for the school or schools proposed to be closed, and the school or schools to which students will be relocating;

    (b) The newspaper notification shall include the procedures that will be followed by the local board of education in making its final decision;

    (c) The newspaper notification shall appear at least 2 weeks in advance of any public hearings held by the local school system on a proposed school closing.

D. The final decision of a local board of education to close a school shall be announced at a public session and shall be in writing. The following apply:

  (1) The final decision shall include the rationale for the school closing and address the impact of the proposed closing on the factors set forth in Regulation .01B;

  (2) There shall be notification of the final decision of the local board of education to the community in the geographic attendance area of the school proposed to be closed and school or schools to which students will be relocating;

  (3) The final decision shall include notification of the right to appeal to the State Board of Education as set forth in Regulation .03.

#### Regulation .02 Date of Decision.

*COMAR 13A.02.09.02*

Except in emergency circumstances, the decision to close a school shall be announced at least 90 days before the date the school is scheduled to be closed but not later than April 30 of any school year. An emergency circumstance is one where the decision to close a school because of unforeseen circumstances cannot be announced at least 90 days before the date a school is scheduled to close or before April 30 of any school year.

#### Regulation .03 Appeal to State Board of Education.

*COMAR 13A.02.09.03*

A. An appeal to the State Board of Education may be submitted in writing within 30 days after the decision of a local board of education.

B. The State Board of Education will uphold the decision of the local board of education to close and consolidate a school unless the facts presented indicate its decision was arbitrary and unreasonable or illegal.