EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0146*
HOUSE BILL 146
F1, E3 2lr1204
(PRE–FILED)
By: Delegates Moon and Atterbeary
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
AN ACT concerning 1
Education – Reportable Offenses and Student Discipline – Alterations Children 2
With Disabilities and Reporting 3
FOR the purpose of altering the definition of “reportable offense” to include only offenses 4
that occurred off school premises, that did not occur at events sponsored by the 5
school, and that involved certain crimes of violence; repealing a requirement that a 6
law enforcement agency notify certain individuals if a student was arrested for a 7
reportable offense; authorizing the State’s Attorney to notify certain individuals 8
about a reportable offense if a student is adjudicated delinquent or convicted of the 9
offense; requiring the State’s Attorney to provide a copy of notification of a reportable 10
offense to a student’s defense attorney; requiring the State Department of Education 11
to issue a report to the Governor and the General Assembly each year that contains 12
certain information related to reportable offenses; clarifying that provisions 13
governing the discipline of students apply regardless of the cause for which a student 14
is being disciplined; requiring that a student’s attorney be invited to participate in 15
disciplinary conferences related to discipline for a reportable offense; prohibiting a 16
principal or county superintendent from asking questions related to a reportable 17
offense of a student unless the student’s attorney is present; requiring each county 18
board of education to report certain information on reportable offenses to the 19
Department on or before a certain date; requiring the Department to issue a certain 20
report to the Governor and the General Assembly on or before a certain date; and 21
generally relating to student discipline and reportable offenses. 22
BY repealing and reenacting, with amendments, 23 2 HOUSE BILL 146
Article – Education 1
Section 7–303 and 7–305(g) and (h) 2
Annotated Code of Maryland 3
(2018 Replacement Volume and 2021 Supplement) 4
BY adding to 5
Article – Education 6
Section 7–303(j) and 7–305(h) 7
Annotated Code of Maryland 8
(2018 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Education 12
7–303. 13
(a) (1) In this section the following words have the meanings indicated. 14
[(2) “Criminal organization” has the meaning stated in § 9–801 of the 15
Criminal Law Article. 16
(3) “Law enforcement agency” means the law enforcement agencies listed 17
in § 3–101(e) of the Public Safety Article.] 18
[(4)] (2) “Local school system” means the schools and school programs 19
under the supervision of the local superintendent. 20
[(5)] (3) “Local superintendent” means: 21
(i) The county superintendent, for the county in which a student is 22
enrolled, or a designee of the superintendent, who is an administrator; or 23
(ii) The superintendent of schools for the: 24
1. Archdiocese of Baltimore; 25
2. Archdiocese of Washington; and 26
3. Catholic Diocese of Wilmington. 27
[(6)] (4) “Reportable offense” means AN OFFENSE THAT : 28
(I) OCCURRED OFF SCHOOL P REMISES; 29
HOUSE BILL 146 3
(II) DID NOT OCCUR AT AN E VENT SPONSORED BY TH E SCHOOL; 1
AND 2
[(i)] (III) 1. [A] INVOLVED A crime of violence, as defined in § 3
14–101 of the Criminal Law Article; OR 4
[(ii)] 2. [Any] INVOLVED ANY of the offenses enumerated in § 5
3–8A–03(d)(4) of the Courts Article[; 6
(iii) A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 7
Criminal Law Article; 8
(iv) A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 9
5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 10
or § 5–628 of the Criminal Law Article; 11
(v) A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law 12
Article; 13
(vi) A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 14
Criminal Law Article; 15
(vii) A violation of § 9–802 or § 9–803 of the Criminal Law Article; 16
(viii) A violation of § 3–203 of the Criminal Law Article; 17
(ix) A violation of § 6–301 of the Criminal Law Article; 18
(x) A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law 19
Article; 20
(xi) A violation of § 7–105 of the Criminal Law Article; 21
(xii) A violation of § 6–202 of the Criminal Law Article; or 22
(xiii) A violation of § 10–606 of the Criminal Law Article]. 23
[(7)] (5) “School principal” means the principal of the public or nonpublic 24
school in which a student is enrolled, or a designee of the principal, who is an administrator. 25
[(8)] (6) (i) “School security officer” includes a school principal, 26
another school administrator, a law enforcement officer, or other individual employed by a 27
local school system or a local government who is designated by the county superintendent 28
or a school principal to help maintain the security and safety of a school. 29
(ii) “School security officer” does not include a teacher. 30 4 HOUSE BILL 146
[(9)] (7) “Student” means an individual enrolled in a public school system 1
or nonpublic school in the State who is 5 years of age or older and under 22 years of age. 2
(b) If a student is [arrested for] ADJUDICATED DELINQUE NT OR CONVICTED 3
OF a reportable offense [or an offense that is related to the student’s membership in a 4
criminal organization, the law enforcement agency making the arrest: 5
(1) Shall] THE STATE’S ATTORNEY MAY notify the following individuals 6
of the [arrest and the charges] ADJUDICATION OR CONV ICTION within 24 hours of the 7
[arrest] DISPOSITION OF THE C ASE or as soon as practicable: 8
[(i)] (1) The local superintendent; 9
[(ii)] (2) The school principal; and 10
[(iii)] (3) For a school that has a school security officer, the school 11
security officer[; and 12
(2) May notify the State’s Attorney of the arrest and charges]. 13
(c) [The State’s Attorney shall promptly notify either the local superintendent or 14
the school principal of the disposition of the reportable offense required to be reported] IF 15
NOTIFICATION IS PROVIDED under subsection (b) of this section, THE STATE’S 16
ATTORNEY SHAL L PROVIDE A COPY OF THE NOTIFICATION TO THE STUDENT ’S 17
DEFENSE ATTORNEY . 18
(d) Except by order of a juvenile court or other court upon good cause shown, the 19
information obtained by an individual pursuant to subsections (b) and (c) of this section: 20
(1) Is confidential and may not be redisclosed by subpoena or otherwise 21
except as provided pursuant to subsections (e) and (f) of this section; and 22
(2) May not be made part of the student’s permanent educational record. 23
(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 24
shall prohibit a local superintendent or school principal from transmitting the information 25
obtained pursuant to [subsections (b) and (c)] SUBSECTION (B) of this section as a 26
confidential file to the local superintendent of another public school system in the State or 27
another nonpublic school in the State in which the student has enrolled or been transferred 28
in order to carry out the purposes of this section [if the disposition of the reportable offense 29
was a conviction or an adjudication of delinquency or the criminal charge or delinquency 30
petition is still pending] IF THE CHILD IS UNDE R THE SUPERVISION OF THE 31
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES OR THE 32
DEPARTMENT OF JUVENILE SERVICES. 33 HOUSE BILL 146 5
(2) A local superintendent or school principal who transmits information 1
about a student under this subsection shall include in the transmittal information 2
regarding any educational programming and related services provided to the student. 3
(f) The State Board shall adopt regulations to ensure that information obtained 4
by a local superintendent, a school principal, or a school security officer under subsections 5
(b)[, (c),] and (e) of this section is: 6
(1) Used to provide appropriate educational programming and related 7
services to the student and to maintain a safe and secure school environment for students 8
and school personnel; 9
(2) Transmitted only to school personnel of the school in which the student 10
is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 11
and 12
(3) Destroyed when the student graduates or otherwise permanently 13
leaves school or turns 22 years old, whichever occurs first. 14
(g) [(1) Except as otherwise provided in paragraph (2) of this subsection, the] 15
THE local superintendent and the school principal shall consider prohibiting a student who 16
is [arrested] ADJUDICATED DELINQUE NT OR CONVICTED for a reportable offense 17
involving rape or a sexual offense from attending the same school or riding on the same 18
school bus as the alleged victim of the reportable offense if such action is necessary or 19
appropriate to protect the physical or psychological well–being of the alleged victim. 20
[(2) If a student is arrested for a reportable offense involving rape or a 21
sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 22
the student may not attend the same school or ride on the same school bus as the victim.] 23
(h) Nothing in this section is intended to limit the manner in which a local school 24
obtains information or uses information obtained by any lawful means other than that set 25
forth in subsections (b)[, (c),] and (e) of this section. 26
(i) Each public school that enrolls students in grades six through twelve in the 27
State shall designate at least one school security officer. 28
(J) (1) ON OR BEFORE DECEMBER 30 EACH YEAR, THE DEPARTMENT , IN 29
ACCORDANCE WITH STATE AND FEDERAL PRI VACY LAWS, SHALL SUBMIT TO THE 30
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 31
ARTICLE, THE GENERAL ASSEMBLY A REPORT THA T INCLUDES THE FOLLO WING 32
INFORMATION ABOUT EA CH REPORTABLE OFFENS E FOR WHICH A LOCAL SCHOOL 33
RECEIVED INFORMATION UNDER SUBSECTION (B) OF THIS SECTION IN T HE 34
PRECEDING SCHOOL YEA R: 35
6 HOUSE BILL 146
(I) THE NATURE OF THE REP ORTABLE OFFENSE ; 1
(II) VERIFICATION THAT THE OFFENSE OCCURRED OFF SCHOOL 2
PREMISES; 3
(III) ACTION TAKEN BY THE L OCAL SCHOOL AND COUN TY BOARD 4
AFTER BEING NOTIFIED OF THE REPORTABLE OF FENSE; 5
(IV) THE RACE, ETHNICITY, GENDER, AND DISABILITY STATU S 6
OF THE STUDENT ADJUD ICATED DELINQUENT OR CONVICTED OF THE REP ORTABLE 7
OFFENSE; 8
(V) THE GRADE OF THE STUD ENT ADJUDICATED DELI NQUENT 9
OR CONVICTED OF THE REPORTABLE OFFENSE ; 10
(VI) THE REGULAR SCHOOL PR OGRAM OF THE STUDENT 11
ADJUDICATED DELINQUE NT OR CONVICTED OF T HE REPORTAB LE OFFENSE; 12
(VII) WHETHER THE STUDENT ’S REGULAR SCHOOL PRO GRAM 13
WAS ALTERED AS A RES ULT OF THE REPORTABL E OFFENSE; AND 14
(VIII) IF THE STUDENT WAS RE MOVED FROM THE STUDE NT’S 15
REGULAR SCHOOL PROGR AM AS A RESULT OF TH E REPORTABLE OFFENSE : 16
1. THE AMOUNT OF TIME DURING W HICH THE STUDENT 17
WAS REMOVED ; AND 18
2. THE STUDENT ’S PLACEMENT AND EDUC ATIONAL 19
PROGRAMMING DURING T HE PERIOD OF REMOVAL . 20
(2) EACH COUNTY BOARD AND PUBLIC SCHOOL SHALL PROVIDE THE 21
DEPARTMENT WITH ANY I NFORMATION NECESSARY TO ISSUE ITS REPORT IN 22
ACCORDANCE WITH THIS SECTION. 23
7–305. 24
(g) (1) The discipline of a child with a disability, including the suspension, 25
expulsion, or interim alternative placement of the child for disciplinary reasons, OR 26
REMOVAL OR EXCLUSION OF THE CHILD FROM TH E CHILD’S REGULAR SCHOOL 27
PROGRAM FOR MORE THA N TEN CONSECUTIVE SC HOOL DAYS FOR A REPO RTABLE 28
OFFENSE, shall be conducted in conformance with the requirements of the Individuals with 29
Disabilities Education Act of the United States Code, INCLUDING THE REQUIR EMENTS 30
RELATED TO A MANIFES TATION DETERMINATION . 31
HOUSE BILL 146 7
(2) If a child with a disability is being considered for suspension or 1
expulsion, the child or the child’s parent or guardian shall be given a community resources 2
list attached to the procedural safeguards notice required by regulation of the State Board. 3
(H) (1) THE PROVISIONS OF THI S SECTION APPLY TO A STUDENT 4
REGARDLESS OF THE CA USE FOR WHICH A STUD ENT IS BEING DISCIPL INED, 5
INCLUDING, SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , ANY 6
REMOVAL OR EXCLUSION OF A STUDENT FROM TH E STUDENT’S REGULAR SCHOOL 7
PROGRAM ARISING OUT OF A REPORTABLE OFFE NSE UNDER § 7–303 OF THIS 8
SUBTITLE. 9
(2) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 10
REGULAR SCHOOL P ROGRAM FOR A REPORTA BLE OFFENSE UNDER § 7–303 OF THIS 11
SUBTITLE, THE PRINCIPAL OR COU NTY SUPERINTENDENT S HALL INVITE THE 12
STUDENT’S ATTORNEY(S) ATTORNEY, IF THE STUDENT HAS A N ATTORNEY , TO 13
PARTICIPATE IN THE C ONFERENCE BETWEEN TH E STUDENT OR THE STU DENT’S 14
PARENT OR GUARDIAN A ND THE PRINCIPAL OR COUNTY SUPERINTENDEN T, AND 15
THE MANIFESTATION DE TERMINATION REVIEW , IF APPLICABLE. 16
(3) A PRINCIPAL OR COUNTY SUPERINTENDENT MAY N OT ASK ANY 17
QUESTIONS OF A STUDENT RELATED TO A REPORTA BLE OFFENSE UNDER § 7–303 OF 18
THIS SUBTITLE, UNLESS THE STUDENT ’S DEFENSE ATTORNEY I S PRESENT. 19
(4) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 20
REGULAR SCHOOL PROGR AM BASED ON A REPORT ABLE OFFENSE , AFTER THE 21
REMOVAL PERIOD , THE STUDENT HAS THE RIGHT TO RETURN TO T HE REGULAR 22
SCHOOL PROGRAM THE S TUDENT ATTENDED BEFO RE THE REMOVAL PERIO D. 23
[(h)] (I) (1) This subsection does not apply if the student is referred to the 24
Department of Juvenile Services. 25
(2) If a student violates a State or local law or regulation and during or as 26
a result of the commission of that violation damaged, destroyed, or substantially decreased 27
the value of school property or property of another that was on school property at the time 28
of the violation, as part of a conference on the matter with the student, the student’s parent 29
or guardian and any other appropriate person, the principal shall require the student or 30
the student’s parent to make restitution. 31
(3) The restitution may be in the form of monetary restitution not to exceed 32
the lesser of the fair market value of the property or $2,500, or the student’s assignment to 33
a school work project, or both. 34
SECTION 2. AND BE IT FURTHER ENACTED, That: 35
8 HOUSE BILL 146
(a) In this section, “reportable offense” has the meaning stated in § 7–303 of the 1
Education Article. 2
(b) (1) On or before November 1, 2022, each county board of education, 3
including Baltimore City, shall report to the State Department of Education, in a manner 4
consistent with State and federal privacy law, on students arrested for reportable offenses 5
in public schools in the county for the 2017–2018 through 2021–2022 school years, 6
including: 7
(i) subject to paragraph (2) of this subsection, the race, ethnicity, 8
disability status, and gender of the student; 9
(ii) the crime for which the student was arrested; and 10
(iii) any disciplinary action the school took as a direct result of the 11
reportable offense. 12
(2) If revealing a student’s race, ethnicity, disability status, or gender 13
would allow for the identification of the student, the county board shall instead report the 14
information listed under paragraph (1)(ii) and (iii) of this subsection for that student, 15
consistent with State and federal privacy law. 16
(c) On or before January 1, 2023, the State Department of Education shall 17
compile the information it receives under subsection (a) of this section and report to the 18
Governor and, in accordance with § 2–1257 of the State Government Article, the General 19
Assembly on the effects of students arrested for reportable offenses in public schools in the 20
State. 21
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
July 1, 2022. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.