The CROWN Act and Student Rights: Fighting Hair Discrimination in Maryland Schools

Being pulled out of a classroom in Baltimore, benched from a varsity basketball game in Upper Marlboro, or threatened with detention in Silver Spring because of natural hair texture can derail a child's education and emotional well-being. For decades, restrictive school dress and grooming codes across the country penalized Black and brown students by labeling natural hairstyles as 'distracting,' 'unkempt,' or 'extreme.' In Maryland, the General Assembly directly confronted this issue by enacting the CROWN Act (Creating a Respectful and Open World for Natural Hair) alongside comprehensive educational equity mandates.

Fighting hair discrimination in Maryland schools involves a powerful combination of state civil rights statutes, state board of education regulations, and federal constitutional protections. Below is a practical guide to how Maryland law protects specific hairstyles, how enforcement differs between public and private campuses, and the exact steps families can take to hold school administrators accountable.

Protected Hairstyles Under Maryland's CROWN Act

Maryland expanded its statewide anti-discrimination framework by amending Md. Code, State Gov't § 20-101 to clarify that race discrimination legally includes discrimination based on traits historically associated with race, specifically hair texture, afro hairstyles, and protective hairstyles. Furthermore, Md. Code, Educ. § 26-704 explicitly prohibits public schools and state-funded nonpublic schools from discriminating against any student on the basis of race, including protected hair textures and styles, in either academic instruction or student discipline.

Braids: Box Braids, Cornrows, and Twists

Under Md. Code, State Gov't § 20-101(g), braids and twists are expressly defined as protected hairstyles. School administrators in Maryland cannot enforce dress code provisions that limit the thickness of box braids, ban intricate cornrow patterns, or prohibit two-strand twists. Additionally, policies that bar students from wearing beads, hair cuffs, or colored extensions braided into their natural hair are frequently challenged as unlawful pretexts for racial discrimination under COMAR 13A.01.06.03.

Locs: Dreadlocks, Sisterlocks, and Microlocs

Student athletes and scholars wearing locs often face arbitrary length restrictions or demands from coaches and referees to cut their hair before competing. Maryland law explicitly protects locks-whether worn as traditional dreadlocks, freeform locs, sisterlocks, or microlocs-under Md. Code, State Gov't § 20-101. While athletic associations may require safe headgear or hair ties if safety is genuinely implicated, a school cannot force a student in Rockville, Towson, or Annapolis to cut their locs to participate in sports, JROTC, or graduation ceremonies.

Afros and Natural Hair Volume

Grooming policies that cap how many inches hair may extend outward from the scalp disproportionately target students with coiled, curly, or kinky hair textures. Because Md. Code, State Gov't § 20-101(h) specifically lists afro hairstyles and hair texture within the statutory definition of race, Maryland schools cannot discipline a student on the grounds that a natural afro allegedly obstructs the view of classmates or violates subjective 'neatness' standards. Even before modern statutory reforms, the Fourth Circuit recognized in Massie v. Henry, 455 F.2d 779 (US Court of Appeals 4th Cir. 1972) that public school hair regulations lacking a substantial health or safety justification infringe upon student liberty interests.

Protective Styles, Bantus, and Headwraps

Beyond traditional braids and locs, protective styles such as Bantu knots, faux locs, crochet braids, wigs, and culturally or religiously significant headwraps play a vital role in maintaining hair health and personal identity. Under Md. Code, Educ. § 26-704 and local county board policies in jurisdictions like Montgomery County and Prince George's County, schools are generally barred from enforcing blanket bans on headwraps or protective styling unless an immediate, demonstrable physical safety hazard exists in a specialized setting such as a chemistry lab or woodshop.

Public vs. Private School Enforcement in Maryland

A student's legal remedies depend heavily on whether they attend a public county school, a private school that accepts state funds, or an independent parochial institution. In Peltier v. Charter Day School, Inc., 37 F.4th 104 (US Court of Appeals 4th Cir. 2022), the federal appellate court covering Maryland emphasized that public charter schools are state actors bound by constitutional equal protection mandates when enforcing student dress codes.

In contrast, Maryland uniquely bridges the gap between public and private education through Md. Code, Educ. § 26-704. Any private or parochial school in Maryland that accepts state funds-such as Broadening Options and Opportunities for Students Today (BOOST) scholarships, state textbook grants, or nonpublic special education funding-is legally prohibited from enforcing racially discriminatory grooming policies.

Step-by-Step Process to Fight Hair Discrimination in Maryland

Whether your child attends school in Baltimore City, Columbia, Frederick, or Silver Spring, responding strategically to a discriminatory grooming violation preserves your family's legal rights and creates an official paper trail.

Step 1: Document the Grooming Policy and Disciplinary Action

Immediately take clear, dated photographs of your child's hairstyle on the day of the incident so school officials cannot later mischaracterize its appearance. Request a written copy of the specific student handbook provision cited by the administrator, along with any detention slip, athletic suspension notice, or in-school suspension referral. Under COMAR 13A.08.01.11, Maryland public schools cannot impose disciplinary removals for subjective appearance infractions that do not threaten school safety.

Step 2: File an Administrative Appeal with the County Superintendent

Send a formal written demand to the school principal and the local county superintendent (or their designated equity compliance officer) citing Md. Code, State Gov't § 20-101 and Md. Code, Educ. § 26-704. Under Md. Code, Educ. § 4-205(c), decisions of a county superintendent may be appealed in writing to the county board of education within 30 calendar days, and subsequently to the state board if the dispute remains unresolved.

Step 3: Submit a Discrimination Complaint to the State

If the school district refuses to rescind the penalty or revise its handbook, families can file a formal state complaint. You may initiate an action with the Maryland Commission on Civil Rights, Baltimore by submitting Form MCCR-Intake, Maryland, Commission on Civil Rights, Initial Inquiry Questionnaire. Additionally, if the school is a public school or a state-funded private school violating Md. Code, Educ. § 26-704, you can file a written discrimination complaint directly with the Maryland State Department of Education, Baltimore, which has statutory authority to mediate the dispute and withhold state funds from noncompliant institutions.

Step 4: Escalate to Federal Civil Rights Authorities

Because hair discrimination targeting Black and brown students frequently constitutes disparate treatment or disparate impact based on race under Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), families can also pursue federal intervention. Maryland falls under Region III of the federal education civil rights division. Parents can submit Form ED-OCR, FED, U.S. Department of Education, Discrimination Complaint Form to the Office for Civil Rights, U.S. Department of Education, Philadelphia.

Step 5: Pursue Civil Litigation in Maryland Courts

When a student suffers severe emotional distress, loss of an athletic scholarship, or unlawful suspension, consulting an experienced Maryland education and civil rights attorney from our directory is strongly recommended. A lawyer can file a lawsuit seeking injunctive relief and damages in state venues such as the Circuit Court for Baltimore City, Baltimore, the Circuit Court for Montgomery County, Rockville, or the Circuit Court for Prince George's County, Upper Marlboro accompanied by Form CC-DCM-002, Maryland, Judiciary, Civil - Non-Domestic Case Information Report. Constitutional claims under federal law may also be filed in the U.S. District Court for the District of Maryland, Baltimore or the U.S. District Court for the District of Maryland, Greenbelt.

How Much Does it Cost in Maryland?

Challenging hair discrimination in Maryland involves little to no upfront government cost if handled through state or federal civil rights agencies, though private legal representation adds expense depending on the complexity of the case:

• State & Federal Agency Complaints: Filing an administrative complaint with the Maryland Commission on Civil Rights, Baltimore, the Maryland State Department of Education, Baltimore, or the federal Office for Civil Rights costs $0.
• Maryland Circuit Court Filing Fees: Initiating a civil lawsuit in a Maryland Circuit Court typically costs between $165 and $185 in initial filing and appearance fees, plus $40 to $60 for sheriff or private process server delivery.
• Federal District Court Filing Fees: Filing a federal civil rights complaint in the District of Maryland requires a standard administrative and docketing fee of $405 (unless the court grants a fee waiver).
• Maryland Civil Rights Attorney Fees: Education and civil rights lawyers in Maryland generally charge between $300 and $550 per hour, or a flat fee of $750 to $2,000 to draft a formal statutory demand letter and represent the student at a local board hearing. In successful civil rights lawsuits, federal and state fee-shifting statutes often allow prevailing families to recover attorney's fees from the school district.
• State Civil Penalties Against Violators: Under Md. Code, State Gov't § 20-1016, administrative law judges can assess civil penalties against public accommodation violators up to $500 for a first offense, $1,000 for a second offense, and $2,500 for subsequent violations.

How Long Does the Process Take?

Strict statutory deadlines govern school discrimination claims in Maryland, making early action vital:

• Local School Board Appeals: Under Md. Code, Educ. § 4-205, you have exactly 30 calendar days from a county superintendent's final decision to appeal to the county board of education.
• Maryland Commission on Civil Rights (MCCR) Deadline: Under Md. Code, State Gov't § 20-1004(c), a public accommodation discrimination complaint must generally be filed within 6 months (180 days) of the discriminatory act (while harassment and employment claims carry a 300-day window).
• Federal OCR Filing Window: Complaints to the U.S. Department of Education's Office for Civil Rights must be submitted within 180 calendar days of the last act of discrimination.
• Investigation & Resolution Timelines: Under Md. Code, Educ. § 26-705, once a complaint is filed with the state superintendent, the agency attempts to mediate and resolve the complaint within 60 to 90 days. Full MCCR or federal OCR investigations typically take 4 to 9 months to conclude.

Frequently Asked Questions (FAQ)