Maryland Code
Md. Code Ann., Educ. § 3-104 (2026)
§ 3-104
✓ current as of May 2026
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§3–104.
(a) Each county board is a body politic and corporate by the name of the Board of Education of ........... County.
(b) A county board:
(1) Has perpetual existence;
(2) May sue and be sued; and
(3) May have, use, alter, or abandon a common seal.
(a) Each county board is a body politic and corporate by the name of the Board of Education of ........... County.
(b) A county board:
(1) Has perpetual existence;
(2) May sue and be sued; and
(3) May have, use, alter, or abandon a common seal.
Notes of Decisions
Cited in 11
cases (5 in the last 5 years), 2002–2026 · leading case: James v. Frederick Cnty. Pub. Schs., 441 F. Supp. 2d 755 (D. Md. 2006).
James v. Frederick Cnty. Pub. Schs., 441 F. Supp. 2d 755 (D. Md. 2006). “’ Md.Code Ann., Educ. § 3-103 and that ‘[a] county board: .”
Beka Indus., Inc. v. Worcester Cnty. Bd. of Educ., 18 A.3d 890 (Md. 2011). “), *200 § 3-104(a) of the Education Article. Thus, we use that denomination here even though the Petition, Conditional Cross-Petition, and Briefs reference the "Worcester County Board of Education.”
Adams v. Calvert Cnty. Pub. Schs., 201 F. Supp. 2d 516 (D. Md. 2002). “” Md. Code Ann., Educ. § 3-104 (b) (1978). The only reference in the code to a school districts appears in the subtitle regarding Prince George’s County.”
Norville v. Anne Arundel Cnty. Bd. of Educ., 862 A.2d 477 (Md. Ct. Spec. App. 2004). “Md.Code Ann., Educ. § 3-104(b)(2)(2001 Repl.”
Schiffbauer v. Schmidt, 95 F. Supp. 3d 846 (D. Md. 2015). “” See Md.Code Ann., Educ. § 3-104. In Defendants’ motion to dismiss the original Complaint, Defendants informed Plaintiffs of the proper entity to be sued but, for whatever reason, Plaintiffs did not correct the error in the Amended Complaint.”
Lazarte v. Montgomery Cnty. Pub. Schs., No. 8:20-cv-01515 (D. Md. Dec. 6, 2021). “When defendant filed a letter in which it requested to file a motion to dismiss, plaintiff was put on notice that MCPS was an improper defendant and that the Board of Education for Montgomery County is the proper defendant.”
Agbara v. Prince George's Cnty. Pub. Schs. (PGCPS), No. 8:20-cv-00306 (D. Md. Dec. 18, 2020). “See Md. Code, Educ. § 3-104(a) and (b)(2) (providing that the board of education for each county school system and the City of Baltimore is the entity which is empowered to sue and be sued).”
Loper v. Howard Cnty. Pub. Sch. Sys., No. 1:20-cv-03789 (D. Md. Aug. 27, 2021). “), § 3-104(a) of the Education Article (“E.A.”
Squalls v. Montgomery Cnty. Pub. Schs., No. 8:23-cv-02035 (D. Md. Aug. 15, 2024). “See Md. Code, Educ. § 3-104(a)-(b)(2). When a party named in a suit is not an entity that can legally be sued, the Court may dismiss the claims against that entity with prejudice, as any future claims against that entity would be futile.”
Jabari-Kitwala v. Montgomery Cnty. Pub. Schs., No. 8:22-cv-00060 (D. Md. Aug. 30, 2024). “See Md. Code, Educ. § 3-104(a)-(b)(2). When a party named in a suit is not an entity that can legally be sued, the Court may dismiss the claims against that entity with prejudice, as any future claims against that entity would be futile.”
Sandra Jackson, as Next Friend of Minor Child, A.P. v. Howard Cnty. Pub. Schs., No. 1:26-cv-00144 (D. Md. Mar. 5, 2026). “Both Defendants argue that the Complaint fails to state a claim upon which relief can be granted under Rule 12(b)(6), Federal Rules of Civil Procedure. (ECF Nos. 9, 10.) Under Maryland law, Howard County Public Schools is not a legal entity subject to suit—the appropriate…”
Md. Code Ann., Educ. § 3-104(a): 5 cases
Beka Indus., Inc. v. Worcester Cnty. Bd. of Educ., 18 A.3d 890 (Md. 2011). “), *200 § 3-104(a) of the Education Article. Thus, we use that denomination here even though the Petition, Conditional Cross-Petition, and Briefs reference the "Worcester County Board of Education.”
Agbara v. Prince George's Cnty. Pub. Schs. (PGCPS), No. 8:20-cv-00306 (D. Md. Dec. 18, 2020). “See Md. Code, Educ. § 3-104(a) and (b)(2) (providing that the board of education for each county school system and the City of Baltimore is the entity which is empowered to sue and be sued).”
Loper v. Howard Cnty. Pub. Sch. Sys., No. 1:20-cv-03789 (D. Md. Aug. 27, 2021). “), § 3-104(a) of the Education Article (“E.A.”
Squalls v. Montgomery Cnty. Pub. Schs., No. 8:23-cv-02035 (D. Md. Aug. 15, 2024). “See Md. Code, Educ. § 3-104(a)-(b)(2). When a party named in a suit is not an entity that can legally be sued, the Court may dismiss the claims against that entity with prejudice, as any future claims against that entity would be futile.”
Jabari-Kitwala v. Montgomery Cnty. Pub. Schs., No. 8:22-cv-00060 (D. Md. Aug. 30, 2024). “See Md. Code, Educ. § 3-104(a)-(b)(2). When a party named in a suit is not an entity that can legally be sued, the Court may dismiss the claims against that entity with prejudice, as any future claims against that entity would be futile.”
Md. Code Ann., Educ. § 3-104(b): 1 case
James v. Frederick Cnty. Pub. Schs., 441 F. Supp. 2d 755 (D. Md. 2006). “’ Md.Code Ann., Educ. § 3-103 and that ‘[a] county board: .”
Md. Code Ann., Educ. § 3-104(b)(2): 2 cases
Norville v. Anne Arundel Cnty. Bd. of Educ., 862 A.2d 477 (Md. Ct. Spec. App. 2004). “Md.Code Ann., Educ. § 3-104(b)(2)(2001 Repl.”
Sandra Jackson, as Next Friend of Minor Child, A.P. v. Howard Cnty. Pub. Schs., No. 1:26-cv-00144 (D. Md. Mar. 5, 2026). “Both Defendants argue that the Complaint fails to state a claim upon which relief can be granted under Rule 12(b)(6), Federal Rules of Civil Procedure. (ECF Nos. 9, 10.) Under Maryland law, Howard County Public Schools is not a legal entity subject to suit—the appropriate…”
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