State Board hears oral arguments in Prince George’s removal petition; petitioners press ALJ exclusions

The Maryland State Board of Education heard oral argument in a petition seeking the removal of Prince George’s County board member Dr. Juanita Miller. Petitioners’ counsel, Brandon Cooper, argued the Administrative Law Judge (ALJ) improperly excluded relevant audits and Office of Inspector General reports and stated the ALJ claimed he was not bound by the State Board’s procedures. Cooper urged the State Board to exercise independent judgment and reverse the ALJ’s proposed decision.

Counsel for Dr. Miller, Bruce Marcus, responded that the ALJ presided over a nine-day hearing with 14 witnesses and over 100 exhibits and produced a reasoned 41-page opinion that reviewed and weighed the evidence. Marcus said the petitioners introduced material that was not admitted into the administrative record and argued the ALJ’s findings that the respondent performed competently in a hostile environment should stand.

Board members asked clarifying questions about whether the ALJ’s comments about board policies were on the record and whether personal benefit to the respondent was shown. A question-and-answer period followed the arguments; neither side prevailed immediately — the board said it would issue a decision at a later time.

The case touches on procurement and ethics allegations, including whether a chair signed or failed to sign a contract and the admissibility of an MSDE performance audit and an Office of Inspector General report. Both sides framed the dispute around whether the ALJ gave appropriate weight to evidence in the administrative hearing and whether the State Board should defer to or overturn an ALJ’s recommended decision.

The State Board did not issue a decision at the hearing; it reserved judgment and will issue a written decision at a later date.