 The Justice Department can ask the Supreme Court to allow the program to continue while appeals are heard in lower courts. Kevin Uretsky, Fox News. Now an issue affecting students much younger in Maryland. Today marks the end of the public comment period for the new policy being mulled over by the Maryland State Board of Education. It would add extra support for kindergarten through third grade students who are struggling to read and would require them to repeat third grade if they can't read at grade level.