ANNAPOLIS, MD—A Maryland state committee is drawing sharp criticism for an “emergency” regulatory change that critics contend is an attempt to bypass the normal legislative process and override local control of school boards. The move, effective Monday, July 28, 2025, has ignited a debate over state authority versus local autonomy in Maryland’s education system.
At issue is an amendment to the Code of Maryland Regulations (COMAR 13A.01.02.01) that would extend the due process period for a superintendent facing termination by a local school board from 60 to 180 days. The change, designated DLS Control No. 25-157, was requested as an “emergency” regulation by the State Superintendent of Schools and approved by the Joint Committee on Administrative, Executive, and Legislative Review (AELR).
The DelMarVA Parent Teacher Coalition, a vocal advocacy group, alleges the emergency classification is a pretext, used to push through a measure that would likely face significant opposition as a legislative bill. They argue that there is no genuine emergency justifying the circumvention of public notice and comment periods.
“This is not an emergency except for the teachers’ unions and their Democrat counterparts,” the Coalition stated in a recent blog post, suggesting the move is politically motivated. They contend that as more conservative majorities are elected to school boards across the state, these boards are moving to dismiss superintendents, prompting the state to “change the rules of the game” to retain influence.
The AELR Committee (PDF), composed of 20 members from both the Senate and House of Delegates, is typically tasked with reviewing proposed regulations to ensure they conform to statutory authority and legislative intent. However, the Coalition claims the committee’s power to approve emergency regulations without full legislative debate is being abused.
The regulatory change grants the State Superintendent “authority to extend the length of a stay ordered by the State Superintendent for an action taken by a local board of education (local board) beyond the 60 day duration under specified circumstances.” Critics argue this could allow a superintendent to remain employed for months past their termination, regardless of performance.
The Coalition points to a situation in Somerset County, where the local school board is in the process of terminating its superintendent, as the catalyst for this statewide regulatory change. They emphasize, however, that the implications extend to every county in Maryland, fundamentally altering the long-held principle of local control in education. Maryland Education Article § 4-101 (PDF) states that “educational matters that affect the counties shall be under the control of a county board of education in each county.”
Attempts by advocacy groups to secure a public hearing on the emergency regulation have reportedly been unsuccessful. The Coalition claims that while Republican Senator Johnny Mautz initially requested a hearing, he later withdrew it under pressure, with particular blame placed on Republican Senator Mary Beth Carozza for allegedly working to “sabotage a possible hearing” and protect the interests of teachers’ unions.
The emergency regulation is set to take effect on Monday, July 28, 2025, if no committee member requests a public hearing before then. The DelMarVA Parent Teacher Coalition warns that this action represents a significant “power grab” that will have “devastating long-term consequences for the wellbeing of our citizens.”
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