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.
Italics indicate opposite chamber/conference committee amendments.
*hb0146*
HOUSE BILL 146
F1, E3 (2lr1204)
ENROLLED BILL
— Ways and Means/Education, Health, and Environmental Affairs —
Introduced by Delegates Moon and Atterbeary
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Education – Reportable Offenses and, Student Discipline, and School 2
Disruptions – Alterations Children With Disabilities Presence of an Attorney and 3
Reporting 4
FOR the purpose of altering the definition of “reportable offense” to include only offenses 5
that occurred off school premises, that did not occur at events sponsored by the school, 6
and that involved certain crimes of violence; altering the definition of “reportable 7
offense” to include only offenses that occurred off school premises, that did not occur 8
at events sponsored by the school, and that involved certain crimes of violence; 9
repealing a requirement that a law enforcement agency notify certain individuals if 10
a student was arrested for a reportable offense; authorizing the State’s Attorney to 11
notify certain individuals about a reportable offense if a student is adjudicated 12
delinquent or convicted of the offense; requiring the State’s Attorney to provide a 13
copy of notification of a reportable offense to a student’s defense attorney; requiring 14
the State Department of Education to issue a report to the Governor and the General 15 2 HOUSE BILL 146
Assembly each year that contains certain information related to reportable offenses; 1
clarifying that provisions governing the discipline of students apply regardless of the 2
cause for which a student is being disciplined; requiring that a student’s attorney be 3
invited to participate in disciplinary conferences related to discipline for a reportable 4
offense; prohibiting a principal or county superintendent from asking questions 5
related to a reportable offense of a student unless the student’s attorney is present; 6
requiring each county board of education to report to the Department certain 7
information on school disruptions in violation of a certain provision of law each year; 8
requiring each county board of education to report certain information on reportable 9
offenses to the Department on or before a certain date; requiring the Department to 10
issue a certain report to the Governor and the General Assembly on or before a 11
certain date; and generally relating to student discipline and reportable offenses. 12
BY repealing and reenacting, without amendments, 13
Article – Education 14
Section 7–303(a)(1) 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 7–303(a)(6) and 7–303 and 7–305(g) and (h) 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY adding to 23
Article – Education 24
Section 7–303(j) and (k), and 7–305(h), and 26–101(f) 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Education 30
7–303. 31
(a) (1) In this section the following words have the meanings indicated. 32
[(2) “Criminal organization” has the meaning stated in § 9–801 of the 33
Criminal Law Article. 34
(3) “Law enforcement agency” means the law enforcement agencies listed 35
in § 3–101(e) of the Public Safety Article.] 36
HOUSE BILL 146 3
[(4)] (2) “Local school system” means the schools and school programs 1
under the supervision of the local superintendent. 2
[(5)] (3) “Local superintendent” means: 3
(i) The county superintendent, for the county in which a student is 4
enrolled, or a designee of the superintendent, who is an administrator; or 5
(ii) The superintendent of schools for the: 6
1. Archdiocese of Baltimore; 7
2. Archdiocese of Washington; and 8
3. Catholic Diocese of Wilmington. 9
[(6)] (4) “Reportable offense” means AN OFFENSE THAT : 10
(I) OCCURRED OFF SCHOOL P REMISES; 11
(II) DID NOT OCCUR AT AN EVEN T SPONSORED BY THE S CHOOL; 12
AND 13
[(i)] (III) 1. [A] INVOLVED A crime of violence, as defined in § 14
14–101 of the Criminal Law Article; OR 15
[(ii)] 2. [Any] INVOLVED ANY of the offenses enumerated in § 16
3–8A–03(d)(4) of the Courts Article[; 17
(iii) A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18
Criminal Law Article; 19
(iv) A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 20
5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21
or § 5–628 of the Criminal Law Article; 22
(v) A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law 23
Article; 24
(vi) A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25
Criminal Law Article; 26
(vii) A violation of § 9–802 or § 9–803 of the Criminal Law Article; 27
(viii) A violation of § 3–203 of the Criminal Law Article; 28
4 HOUSE BILL 146
(ix) A violation of § 6–301 of the Criminal Law Article; 1
(x) A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law 2
Article; 3
(xi) A violation of § 7–105 of the Criminal Law Article; 4
(xii) A violation of § 6–202 of the Criminal Law Article; or 5
(xiii) A violation of § 10–606 of the Criminal Law Article]. 6
[(7)] (5) “School principal” means the principal of the public or nonpublic 7
school in which a student is enrolled, or a designee of the principal, who is an administrator. 8
[(8)] (6) (i) “School security officer” includes a school principal, 9
another school administrator, a law enforcement officer, or other individual employed by a 10
local school system or a local government who is designated by the county superintendent 11
or a school principal to help maintain the security and safety of a school. 12
(ii) “School security officer” does not include a teacher. 13
[(9)] (7) “Student” means an individual enrolled in a public school system 14
or nonpublic school in the State who is 5 years of age or older and under 22 years of age. 15
(b) If a student is [arrested for] ADJUDICATED DELINQUE NT OR CONVICTED 16
OF a reportable offense [or an offense that is related to the student’s membership in a 17
criminal organization, the law enforcement agency making the arrest: 18
(1) Shall] THE STATE’S ATTORNEY MAY notify the following individuals 19
of the [arrest and the charges] ADJUDICATION OR CONV ICTION within 24 hours of the 20
[arrest] DISPOSITION OF THE C ASE or as soon as practicable: 21
[(i)] (1) The local superintendent; 22
[(ii)] (2) The school principal; and 23
[(iii)] (3) For a school that has a school security officer, the school 24
security officer[; and 25
(2) May notify the State’s Attorney of the arrest and charges]. 26
(c) [The State’s Attorney shall promptly notify either the local superintendent or 27
the school principal of the disposition of the reportable offense required to be reported] IF 28
NOTIFICATION IS PROVIDED under subsection (b) of this section, THE STATE’S 29 HOUSE BILL 146 5
ATTORNEY SHALL PROVID E A COPY OF THE NOTI FICATION TO THE STUD ENT’S 1
DEFENSE ATTORNEY . 2
(d) Except by order of a juvenile court or other court upon good cause shown, the 3
information obtained by an individual pursuant to subsections (b) and (c) of this section: 4
(1) Is confidential and may not be redisclosed by subpoena or otherwise 5
except as provided pursuant to subsections (e) and (f) of this section; and 6
(2) May not be made part of the student’s permanent educational record. 7
(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 8
shall prohibit a local superintendent or school principal from transmitting the information 9
obtained pursuant to [subsections (b) and (c)] SUBSECTION (B) of this section as a 10
confidential file to the local superintendent of another public school system in the State or 11
another nonpublic school in the State in which the student has enrolled or been transferred 12
in order to carry out the purposes of this section [if the disposition of the reportable offense 13
was a conviction or an adjudication of delinquency or the criminal charge or delinquency 14
petition is still pending] IF THE CHILD IS UNDE R THE SUPERVISION OF THE 15
DEPARTMENT O F PUBLIC SAFETY AND CORRECTIONAL SERVICES OR THE 16
DEPARTMENT OF JUVENILE SERVICES. 17
(2) A local superintendent or school principal who transmits information 18
about a student under this subsection shall include in the transmittal information 19
regarding any educational programming and related services provided to the student. 20
(f) The State Board shall adopt regulations to ensure that information obtained 21
by a local superintendent, a school principal, or a school security officer under subsections 22
(b)[, (c),] and (e) of this section is: 23
(1) Used to provide appropriate educational programming and related 24
services to the student and to maintain a safe and secure school environment for students 25
and school personnel; 26
(2) Transmitted only to school personnel of the school in which the student 27
is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 28
and 29
(3) Destroyed when the student graduates or otherwise permanently 30
leaves school or turns 22 years old, whichever occurs first. 31
(g) [(1) Except as otherwise provided in paragraph (2) of this subsection, the] 32
THE local superintendent and the school principal shall consider prohibiting a student who 33
is [arrested] ADJUDICATED DELINQUE NT OR CONVICTED for a reportable offense 34
involving rape or a sexual offense from attending the same school or riding on the same 35 6 HOUSE BILL 146
school bus as the alleged victim of the reportable offense if such action is necessary or 1
appropriate to protect the physical or psychological well–being of the alleged victim. 2
[(2) If a student is arrested for a reportable offense involving rape or a 3
sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 4
the student may not attend the same school or ride on the same school bus as the victim.] 5
(h) Nothing in this section is intended to limit the manner in which a local school 6
obtains information or uses information obtained by any lawful means other than that set 7
forth in subsections (b)[, (c),] and (e) of this section. 8
(i) Each public school that enrolls students in grades six through twelve in the 9
State shall designate at least one school security officer. 10
(a) (1) In this section the following words have the meanings indicated. 11
(6) “Reportable offense” means AN OFFENSE THA T: 12
(I) OCCURRED OFF SCHOOL P REMISES; 13
(II) DID NOT OCCUR AT AN E VENT SPONSORED BY TH E SCHOOL; 14
AND 15
[(i)] (III) INVOLVED ANY OF THE F OLLOWING: 16
1. A crime of violence, as defined in § 14–101 of the Criminal 17
Law Article; 18
[(ii)] 2. Any of the offenses enumerated in § 3–8A–03(d)(4) of the 19
Courts Article; 20
[(iii)] 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 21
Criminal Law Article; 22
[(iv)] 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 23
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 24
or § 5–628 of the Criminal Law Article; 25
[(v)] 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 26
Law Article; 27
[(vi)] 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 28
Criminal Law Article; 29
HOUSE BILL 146 7
[(vii)] 7. A violation of § 9–802 or § 9–803 of the Criminal Law 1
Article; 2
[(viii)] 8. A violation of § 3–203 of the Criminal Law Article; 3
[(ix)] 9. A violation of § 6–301 of the Criminal Law Article; 4
[(x)] 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 5
Law Article; 6
[(xi)] 11. A violation of § 7–105 of the Criminal Law Article; 7
[(xii)] 12. A violation of § 6–202 of the Criminal Law Article; or 8
[(xiii)] 13. A violation of § 10–606 of the Criminal Law Article. 9
(J) (1) ON OR BEFORE DECEMBER 30 EACH YEAR, THE DEPARTMENT , IN 10
ACCORDANCE WITH STATE AND FEDERAL PRI VACY LAWS, SHALL SUBMIT TO THE 11
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 12
ARTICLE, THE GENERAL ASSEMBLY A REPORT THA T INCLUDES THE FOLLO WING 13
INFORMATION ABOUT EA CH REPORTABLE OFFENS E FOR WHICH A LOCAL SCHOOL 14
RECEIVED INFORMATION UNDER SUBSECTION (B) OF THIS SECTION IN T HE 15
PRECEDING SCHOOL YEA R: 16
(I) THE NATURE OF THE REP ORTABLE OFFENSE ; 17
(II) VERIFICATION THAT THE OFFENSE OCCURRED OFF SCHOOL 18
PREMISES; 19
(III) ACTION TAKEN BY THE L OCAL SCHOOL AND COUN TY BOARD 20
AFTER BEING NOTIFIED OF THE REPORTABLE OF FENSE; 21
(IV) THE RACE, ETHNICITY, GENDER, AND DISABILITY STATU S 22
OF THE STUDENT ADJUDICATED DELINQUENT OR CONVIC TED OF ARRESTED FOR 23
THE REPORTABLE OFFEN SE; 24
(V) THE GRADE OF THE STUD ENT ADJUDICATED DELINQUE NT 25
OR CONVICTED OF ARRESTED FOR THE REPORTABLE OFFEN SE; 26
(VI) THE REGULAR SCHOOL PR OGRAM OF THE STUDENT 27
ADJUDICATED DELINQUE NT OR CONVICTED OF ARRESTED FOR THE REPORTABLE 28
OFFENSE; 29
8 HOUSE BILL 146
(VII) WHETHER THE STUDENT ’S REGULAR SCHOOL PRO GRAM 1
WAS ALTERED AS A RES ULT OF THE REPORTABL E OFFENSE; AND 2
(VIII) IF THE STUDENT WAS RE MOVED FROM THE STUDE NT’S 3
REGULAR SCHOOL PROGR AM AS A RESULT OF THE REPORTABLE OFFEN SE: 4
1. THE AMOUNT OF TIME DU RING WHICH THE STUDE NT 5
WAS REMOVED ; AND 6
2. THE STUDENT ’S PLACEMENT AND EDUC ATIONAL 7
PROGRAMMING DURING T HE PERIOD OF REMOVAL ; AND 8
(IX) IF REMOVED FROM THE S TUDENT’S REGULAR SCHOOL 9
PROGRAM, THE STUDENT’S ACADEMIC PERFORMAN CE DURING THE TIME P ERIOD 10
THE STUDENT WAS REMO VED, INCLUDING ATTENDANCE , GRADES, AND 11
STANDARDIZED TEST SC ORES, AND ANY ADDITIONAL D ISCIPLINARY ACTIONS . 12
(2) EACH COUNTY BOARD AND PUBLIC SCHOOL SHALL PROVIDE THE 13
DEPARTMENT WITH ANY INFORMATION NECE SSARY TO ISSUE ITS R EPORT IN 14
ACCORDANCE WITH THIS SECTION. 15
(K) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 16
REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE, THE PRINCIPAL OR 17
COUNTY SUPERINTENDEN T SHALL INVITE THE S TUDENT’S ATTORNEY, IF THE 18
STUDENT HAS AN ATTOR NEY, TO PARTICIPATE IN TH E CONFERENCE BETWEEN THE 19
STUDENT OR THE STUDE NT’S PARENT OR GUARDIAN AND THE PRINCIPAL OR 20
COUNTY SUPERINTENDEN T, AND THE MANIFESTATIO N DETERMINATION REVI EW, IF 21
APPLICABLE. 22
7–305. 23
(g) (1) The discipline of a child with a disability, including the suspension, 24
expulsion, or interim alternative placement of the child for disciplinary reasons, OR 25
REMOVAL OR EXCLUSION OF THE CHILD FROM TH E CHILD’S REGULAR SCHOOL 26
PROGRAM FOR MORE THA N TEN CONSECUTIV E SCHOOL DAYS FOR A REPORTABLE 27
OFFENSE, shall be conducted in conformance with the requirements of the Individuals with 28
Disabilities Education Act of the United States Code, INCLUDING THE REQUIR EMENTS 29
RELATED TO A MANIFES TATION DETERMINATION . 30
(2) If a child with a disability is being considered for suspension or 31
expulsion, the child or the child’s parent or guardian shall be given a community resources 32
list attached to the procedural safeguards notice required by regulation of the State Board. 33
HOUSE BILL 146 9
(H) (1) THE PROVISIONS OF THI S SECTION APPLY TO A STUDENT 1
REGARDLESS OF THE CA USE FOR WHICH A STUD ENT IS BEING DISCIPL INED, 2
INCLUDING, SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , ANY 3
REMOVAL OR EXCLUSION OF A STUDENT FROM TH E STUDENT’S REGULAR SCHOOL 4
PROGRAM ARISING OUT OF A REPORTABLE OFFENSE UNDER § 7–303 OF THIS 5
SUBTITLE. 6
(2) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 7
REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE UNDER § 7–303 OF THIS 8
SUBTITLE, THE PRINCIPAL OR COU NTY SUPERINTENDENT S HALL INVITE THE 9
STUDENT’S ATTORNEY (S) ATTORNEY, IF THE STUDENT HAS A N ATTORNEY , TO 10
PARTICIPATE IN THE C ONFERENCE BETWEEN TH E STUDENT OR THE STU DENT’S 11
PARENT OR GUARDIAN A ND THE PRINCIPAL OR COUNTY SUPERINTENDEN T, AND 12
THE MANIFESTATION DE TERMINATION REVIEW , IF APPLICABLE. 13
(3) A PRINCIPAL OR COUNTY SUPERINTENDENT MAY N OT ASK ANY 14
QUESTIONS OF A STUDE NT RELATED TO A REPO RTABLE OFFENSE UNDER § 7–303 OF 15
THIS SUBTITLE, UNLESS THE STUDENT ’S DEFENSE ATTORNEY I S PRESENT. 16
(4) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 17
REGULAR SCHOOL PROGR AM BASED ON A REPORT ABLE OFFENSE , AFTER THE 18
REMOVAL PERIOD , THE STUDENT HAS THE RIGHT TO RETURN TO T HE REGULAR 19
SCHOOL PROGRAM THE S TUDENT ATTENDED BEFO RE THE REMOVAL PERIO D. 20
[(h)] (I) (1) This subsection does not apply if the student is referred to the 21
Department of Juvenile Services. 22
(2) If a student violates a State or local law or regulation and during or as 23
a result of the commission of that violation damaged, destroyed, or substantially decreased 24
the value of school property or property of another that was on school property at the time 25
of the violation, as part of a conference on the matter with the student, the student’s parent 26
or guardian and any other appropriate person, the principal shall require the student or 27
the student’s parent to make restitution. 28
(3) The restitution may be in the form of monetary restitution not to exceed 29
the lesser of the fair market value of the property or $2,500, or the student’s assignment to 30
a school work project, or both. 31
26–101. 32
(F) (1) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 33
THEREAFTER , EACH COUNTY BOARD OF EDUCATION, INCLUDING THE BALTIMORE 34
CITY BOARD OF SCHOOL COMMISSIONERS , SHALL REPORT TO THE DEPARTMENT ON 35
THE NUMBER OF SCHOOL DISRUPTIONS IN THE C OUNTY IN VIOLATION OF THIS 36
SECTION FOR THE IMME DIATELY PRECEDING SC HOOL YEAR. 37 10 HOUSE BILL 146
(2) A COUNTY BOARD SHALL R EPORT THE INFORMATIO N REQUIRED 1
UNDER PARAGRAPH (1) OF THIS SUBSECTION I N THE FOLLOWING MANN ER: 2
(I) THE DISRUPTIONS SHALL BE SORTED INTO THE FOLLOWING 3
CATEGORIES: 4
1. ATTENDANCE; 5
2. ARSON, FIRE, OR EXPLOSIVES; 6
3. DANGEROUS SUBSTANCES ; 7
4. SEX OFFENSES; AND 8
5. ATTACK WITH A WEAPON , THREATS, OR FIGHTING; 9
AND 10
(II) EACH INCIDENT OF DISR UPTION SHALL BE DISA GGREGATED 11
BY: 12
1. THE RACE, ETHNICITY, DISABILITY STATUS , AND 13
GENDER OF THE INDIVI DUAL; 14
2. THE ACTIONS TAKEN AGA INST AN INDIVIDUAL B Y THE 15
LOCAL SCHOOL OR COUN TY BOARD RESULTING F ROM A VIOLATION , INCLUDING 16
SUSPENSIONS OF FEWER THAN 10 DAYS, SUSPENSIONS OF 10 DAYS OR MORE , AND 17
EXPULSIONS; AND 18
3. REFERRALS FOR PROSECU TION. 19
(3) ON OR BEFORE FEBRUARY 1, 2023, AND EACH FEBRUARY 1 20
THEREAFTER , THE DEPARTMENT SHALL SUBM IT TO THE MARYLAND CENTER FOR 21
SCHOOL SAFETY AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 22
ARTICLE, THE GENERAL ASSEMBLY A REPORT ON INCIDENTS OF SCHOOL 23
DISRUPTIONS IN PUBLI C SCHOOLS IN THE STATE FROM A COMPILAT ION OF THE 24
REPORTS SUBMITTED TO THE DEPARTMENT UNDER PARA GRAPH (1) OF THIS 25
SUBSECTION AND DISAG GREGATED IN THE MANN ER REQUIRED UNDER PA RAGRAPH 26
(2) OF THIS SUBSECTION . 27
(4) EACH COUNTY BOARD SHA LL INCLUDE INFORMATI ON ON SCHOOL 28
DISRUPTIONS FROM THE 2018–2019 AND 2019–2020 SCHOOL YEARS IN ITS REPORT 29
TO THE DEPARTMENT FOR THE RE PORT DUE ON DECEMBER 1, 2022. 30
HOUSE BILL 146 11
SECTION 2. AND BE IT FURTHER ENACTED, That: 1
(a) In this section, “reportable offense” has the meaning stated in § 7–303 of the 2
Education Article, in effect on June 30, 2022. 3
(b) (1) On or before November 1, 2022, each county board of education, 4
including Baltimore City, shall report to the State Department of Education, in a manner 5
consistent with State and federal privacy law, on students arrested for reportable offenses 6
in public schools in the county for the 2017–2018 through 2021–2022 school years, 7
including: 8
(i) subject to paragraph (2) of this subsection, the race, ethnicity, 9
disability status, and gender of the student; 10
(ii) the crime for which the student was arrested; and 11
(iii) any disciplinary action the school took removal or exclusion of the 12
student from the student’s regular program as a direct result of the reportable offense. 13
(2) If revealing a student’s race, ethnicity, disability status, or gender 14
would allow for the identification of the student, the county board shall instead report the 15
information listed under paragraph (1)(ii) and (iii) of this subsection for that student, 16
consistent with State and federal privacy law. 17
(c) On or before January 1, 2023, the State Department of Education shall 18
compile the information it receives under subsection (a) of this section and report to the 19
Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
Assembly on the effects of students arrested for reportable offenses in public schools in the 21
State. 22
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
July 1, 2022. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.