LAWRENCE J. HOGAN, JR., Governor Ch. 742
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Chapter 742
(House Bill 146)
AN ACT concerning
Education – Reportable Offenses and, Student Discipline, and School
Disruptions – Alterations Children With Disabilities Presence of an Attorney and
Reporting
FOR the purpose of altering the definition of “reportable offense” to include only offenses
that occurred off school premises, that did not occur at events sponsored by the school,
and that involved certain crimes of violence; altering the definition of “reportable
offense” to include only offenses that occurred off school premises, that did not occur
at events sponsored by the school, and that involved certain crimes of violence;
repealing a requirement that a law enforcement agency notify certain individuals if
a student was arrested for a reportable offense; authorizing the State’s Attorney to
notify certain individuals about a reportable offense if a student is adjudicated
delinquent or convicted of the offense; requiring the State’s Attorney to provide a
copy of notification of a reportable offense to a student’s defense attorney; requiring
the State Department of Education to issue a report to the Governor and the General
Assembly each year that contains certain information related to reportable offenses;
clarifying that provisions governing the discipline of students apply regardless of the
cause for which a student is being disciplined; requiring that a student’s attorney be
invited to participate in disciplinary conferences related to discipline for a reportable
offense; prohibiting a principal or county superintendent from asking questions
related to a reportable offense of a student unless the student’s attorney is present;
requiring each county board of education to report to the Department certain
information on school disruptions in violation of a certain provision of law each year;
requiring each county board of education to report certain information on reportable
offenses to the Department on or before a certain date; requiring the Department to
issue a certain report to the Governor and the General Assembly on or before a
certain date; and generally relating to student discipline and reportable offenses.
BY repealing and reenacting, without amendments,
Article – Education
Section 7–303(a)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 7–303(a)(6) and 7–303 and 7–305(g) and (h)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY adding to Ch. 742 2022 LAWS OF MARYLAND
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Article – Education
Section 7–303(j) and (k), and 7–305(h), and 26–101(f)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
7–303.
(a) (1) In this section the following words have the meanings indicated.
[(2) “Criminal organization” has the meaning stated in § 9–801 of the
Criminal Law Article.
(3) “Law enforcement agency” means the law enforcement agencies listed
in § 3–101(e) of the Public Safety Article.]
[(4)] (2) “Local school system” means the schools and school programs
under the supervision of the local superintendent.
[(5)] (3) “Local superintendent” means:
(i) The county superintendent, for the county in which a student is
enrolled, or a designee of the superintendent, who is an administrator; or
(ii) The superintendent of schools for the:
1. Archdiocese of Baltimore;
2. Archdiocese of Washington; and
3. Catholic Diocese of Wilmington.
[(6)] (4) “Reportable offense” means AN OFFENSE THAT :
(I) OCCURRED OFF SCHOOL P REMISES;
(II) DID NOT OCCUR AT AN EVEN T SPONSORED BY THE S CHOOL;
AND
[(i)] (III) 1. [A] INVOLVED A crime of violence, as defined in §
14–101 of the Criminal Law Article; OR LAWRENCE J. HOGAN, JR., Governor Ch. 742
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[(ii)] 2. [Any] INVOLVED ANY of the offenses enumerated in §
3–8A–03(d)(4) of the Courts Article[;
(iii) A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the
Criminal Law Article;
(iv) A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, §
5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627,
or § 5–628 of the Criminal Law Article;
(v) A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law
Article;
(vi) A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the
Criminal Law Article;
(vii) A violation of § 9–802 or § 9–803 of the Criminal Law Article;
(viii) A violation of § 3–203 of the Criminal Law Article;
(ix) A violation of § 6–301 of the Criminal Law Article;
(x) A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law
Article;
(xi) A violation of § 7–105 of the Criminal Law Article;
(xii) A violation of § 6–202 of the Criminal Law Article; or
(xiii) A violation of § 10–606 of the Criminal Law Article].
[(7)] (5) “School principal” means the principal of the public or nonpublic
school in which a student is enrolled, or a designee of the principal, who is an administrator.
[(8)] (6) (i) “School security officer” includes a school principal,
another school administrator, a law enforcement officer, or other individual employed by a
local school system or a local government who is designated by the county superintendent
or a school principal to help maintain the security and safety of a school.
(ii) “School security officer” does not include a teacher.
[(9)] (7) “Student” means an individual enrolled in a public school system
or nonpublic school in the State who is 5 years of age or older and under 22 years of age.
Ch. 742 2022 LAWS OF MARYLAND
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(b) If a student is [arrested for] ADJUDICATED DELINQUE NT OR CONVICTED
OF a reportable offense [or an offense that is related to the student’s membership in a
criminal organization, the law enforcement agency making the arrest:
(1) Shall] THE STATE’S ATTORNEY MAY notify the following individuals
of the [arrest and the charges] ADJUDICATION OR CONV ICTION within 24 hours of the
[arrest] DISPOSITION OF THE C ASE or as soon as practicable:
[(i)] (1) The local superintendent;
[(ii)] (2) The school principal; and
[(iii)] (3) For a school that has a school security officer, the school
security officer[; and
(2) May notify the State’s Attorney of the arrest and charges].
(c) [The State’s Attorney shall promptly notify either the local superintendent or
the school principal of the disposition of the reportable offense required to be reported] IF
NOTIFICATION IS PROVIDED under subsection (b) of this section, THE STATE’S
ATTORNEY SHALL PROVID E A COPY OF THE NOTI FICATION TO THE STUD ENT’S
DEFENSE ATTORNEY .
(d) Except by order of a juvenile court or other court upon good cause shown, the
information obtained by an individual pursuant to subsections (b) and (c) of this section:
(1) Is confidential and may not be redisclosed by subpoena or otherwise
except as provided pursuant to subsections (e) and (f) of this section; and
(2) May not be made part of the student’s permanent educational record.
(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing
shall prohibit a local superintendent or school principal from transmitting the information
obtained pursuant to [subsections (b) and (c)] SUBSECTION (B) of this section as a
confidential file to the local superintendent of another public school system in the State or
another nonpublic school in the State in which the student has enrolled or been transferred
in order to carry out the purposes of this section [if the disposition of the reportable offense
was a conviction or an adjudication of delinquency or the criminal charge or delinquency
petition is still pending] IF THE CHILD IS UNDE R THE SUPERVISION OF THE
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES OR THE
DEPARTMENT OF JUVENILE SERVICES.
LAWRENCE J. HOGAN, JR., Governor Ch. 742
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(2) A local superintendent or school principal who transmits information
about a student under this subsection shall include in the transmittal information
regarding any educational programming and related services provided to the student.
(f) The State Board shall adopt regulations to ensure that information obtained
by a local superintendent, a school principal, or a school security officer under subsections
(b)[, (c),] and (e) of this section is:
(1) Used to provide appropriate educational programming and related
services to the student and to maintain a safe and secure school environment for students
and school personnel;
(2) Transmitted only to school personnel of the school in which the student
is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection;
and
(3) Destroyed when the student graduates or otherwise permanently
leaves school or turns 22 years old, whichever occurs first.
(g) [(1) Except as otherwise provided in paragraph (2) of this subsection, the]
THE local superintendent and the school principal shall consider prohibiting a student who
is [arrested] ADJUDICATED DELINQUE NT OR CONVICTED for a reportable offense
involving rape or a sexual offense from attending the same school or riding on the same
school bus as the alleged victim of the reportable offense if such action is necessary or
appropriate to protect the physical or psychological well–being of the alleged victim.
[(2) If a student is arrested for a reportable offense involving rape or a
sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense,
the student may not attend the same school or ride on the same school bus as the victim.]
(h) Nothing in this section is intended to limit the manner in which a local school
obtains information or uses information obtained by any lawful means other than that set
forth in subsections (b)[, (c),] and (e) of this section.
(i) Each public school that enrolls students in grades six through twelve in the
State shall designate at least one school security officer.
(a) (1) In this section the following words have the meanings indicated.
(6) “Reportable offense” means AN OFFENSE THA T:
(I) OCCURRED OFF SCHOOL P REMISES;
(II) DID NOT OCCUR AT AN E VENT SPONSORED BY TH E SCHOOL;
AND
Ch. 742 2022 LAWS OF MARYLAND
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[(i)] (III) INVOLVED ANY OF THE F OLLOWING:
1. A crime of violence, as defined in § 14–101 of the Criminal
Law Article;
[(ii)] 2. Any of the offenses enumerated in § 3–8A–03(d)(4) of the
Courts Article;
[(iii)] 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the
Criminal Law Article;
[(iv)] 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606,
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627,
or § 5–628 of the Criminal Law Article;
[(v)] 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal
Law Article;
[(vi)] 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the
Criminal Law Article;
[(vii)] 7. A violation of § 9–802 or § 9–803 of the Criminal Law
Article;
[(viii)] 8. A violation of § 3–203 of the Criminal Law Article;
[(ix)] 9. A violation of § 6–301 of the Criminal Law Article;
[(x)] 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal
Law Article;
[(xi)] 11. A violation of § 7–105 of the Criminal Law Article;
[(xii)] 12. A violation of § 6–202 of the Criminal Law Article; or
[(xiii)] 13. A violation of § 10–606 of the Criminal Law Article.
(J) (1) ON OR BEFORE DECEMBER 30 EACH YEAR, THE DEPARTMENT , IN
ACCORDANCE WITH STATE AND FEDERAL PRI VACY LAWS, SHALL SUBMIT TO THE
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
ARTICLE, THE GENERAL ASSEMBLY A REPORT THA T INCLUDES THE FOLLO WING
INFORMATION ABOUT EA CH REPORTABLE OFFENS E FOR WHICH A LOCAL SCHOOL
RECEIVED INFORMATION UNDER SUBSECTION (B) OF THIS SECTION IN T HE
PRECEDING SCHOOL YEA R: LAWRENCE J. HOGAN, JR., Governor Ch. 742
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(I) THE NATURE OF THE REP ORTABLE OFFENSE ;
(II) VERIFICATION THAT THE OFFENSE OCCURRED OFF SCHOOL
PREMISES;
(III) ACTION TAKEN BY THE L OCAL SCHOOL AND COUN TY BOARD
AFTER BEING NOTIFIED OF THE REPORTABLE OF FENSE;
(IV) THE RACE, ETHNICITY, GENDER, AND DISABILITY STATU S
OF THE STUDENT ADJUDICATED DELINQUENT OR CONVIC TED OF ARRESTED FOR
THE REPORTABLE OFFEN SE;
(V) THE GRADE OF THE STUD ENT ADJUDICATED DELINQUE NT
OR CONVICTED OF ARRESTED FOR THE REPORTABLE OFFEN SE;
(VI) THE REGULAR SCHOOL PR OGRAM OF THE STUDENT
ADJUDICATED DELINQUE NT OR CONVIC TED OF ARRESTED FOR THE REPORTABLE
OFFENSE;
(VII) WHETHER THE STUDENT ’S REGULAR SCHOOL PRO GRAM
WAS ALTERED AS A RES ULT OF THE REPORTABL E OFFENSE; AND
(VIII) IF THE STUDENT WAS RE MOVED FROM THE STUDE NT’S
REGULAR SCHOOL PROGR AM AS A RESULT OF TH E REPORTABLE OFFENSE :
1. THE AMOUNT OF TIME DU RING WHICH THE STUDE NT
WAS REMOVED ; AND
2. THE STUDENT ’S PLACEMENT AND EDUC ATIONAL
PROGRAMMING DURING T HE PERIOD OF REMOVAL ; AND
(IX) IF REMOVED FROM THE S TUDENT’S REGULAR SCHOOL
PROGRAM, THE STUDENT’S ACADEMIC PERFORMAN CE DURING THE TIME P ERIOD
THE STUDENT WAS REMO VED, INCLUDING ATTENDANCE , GRADES, AND
STANDARDIZED TEST SC ORES, AND ANY ADDITIONAL D ISCIPLINARY ACTIONS .
(2) EACH COUNTY BOARD AND PUBLIC SCHOOL SHALL PROVIDE THE
DEPARTMENT WITH ANY INFORMATION NECE SSARY TO ISSUE ITS R EPORT IN
ACCORDANCE WITH THIS SECTION.
(K) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S
REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE, THE PRINCIPAL OR
COUNTY SUPERINTENDEN T SHALL INVITE THE S TUDENT’S ATTORNEY, IF THE Ch. 742 2022 LAWS OF MARYLAND
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STUDENT HAS AN ATTOR NEY, TO PARTICIPATE IN TH E CONFERENCE BETWEEN THE
STUDENT OR THE STUDE NT’S PARENT OR GUARDIAN AND THE PRINCIPAL OR
COUNTY SUPERINTENDEN T, AND THE MANIFESTATIO N DETERMINATION REVI EW, IF
APPLICABLE.
7–305.
(g) (1) The discipline of a child with a disability, including the suspension,
expulsion, or interim alternative placement of the child for disciplinary reasons, OR
REMOVAL OR EXCLUSION OF THE CHILD FROM TH E CHILD’S REGULAR SCHOOL
PROGRAM FOR MORE THA N TEN CONSECU TIVE SCHOOL DAYS FOR A REPORTABLE
OFFENSE, shall be conducted in conformance with the requirements of the Individuals with
Disabilities Education Act of the United States Code, INCLUDING THE REQUIR EMENTS
RELATED TO A MANIFES TATION DETERMINATION .
(2) If a child with a disability is being considered for suspension or
expulsion, the child or the child’s parent or guardian shall be given a community resources
list attached to the procedural safeguards notice required by regulation of the State Board.
(H) (1) THE PROVISIONS OF THI S SECTION APPLY TO A STUDENT
REGARDLESS OF THE CA USE FOR WHICH A STUD ENT IS BEING DISCIPL INED,
INCLUDING, SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , ANY
REMOVAL OR EXCLUSION OF A STUDENT FROM TH E STUDENT’S REGULAR SCHOOL
PROGRAM ARISING OUT OF A REPORTABLE OFFE NSE UNDER § 7–303 OF THIS
SUBTITLE.
(2) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT’S
REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE UNDER § 7–303 OF THIS
SUBTITLE, THE PRINCIPAL OR COU NTY SUPERINTENDENT S HALL INVITE THE
STUDENT’S ATTORNEY(S) ATTORNEY, IF THE STUDENT HAS A N ATTORNEY , TO
PARTICIPATE IN THE C ONFERENCE BETWEEN TH E STUDENT OR THE STU DENT’S
PARENT OR GUARDIAN A ND THE PRIN CIPAL OR COUNTY SUPE RINTENDENT, AND
THE MANIFESTATION DE TERMINATION REVIEW , IF APPLICABLE.
(3) A PRINCIPAL OR COUNTY SUPERINTENDENT MAY N OT ASK ANY
QUESTIONS OF A STUDE NT RELATED TO A REPO RTABLE OFFENSE UNDER § 7–303 OF
THIS SUBTITLE, UNLESS THE STUDENT’S DEFENSE ATTORNEY I S PRESENT.
(4) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT’S
REGULAR SCHOOL PROGR AM BASED ON A REPORT ABLE OFFENSE , AFTER THE
REMOVAL PERIOD , THE STUDENT HAS THE RIGHT TO RETURN TO T HE REGULAR
SCHOOL PROGRAM THE S TUDENT ATTENDED BEFORE T HE REMOVAL PERIOD .
LAWRENCE J. HOGAN, JR., Governor Ch. 742
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[(h)] (I) (1) This subsection does not apply if the student is referred to the
Department of Juvenile Services.
(2) If a student violates a State or local law or regulation and during or as
a result of the commission of that violation damaged, destroyed, or substantially decreased
the value of school property or property of another that was on school property at the time
of the violation, as part of a conference on the matter with the student, the student’s parent
or guardian and any other appropriate person, the principal shall require the student or
the student’s parent to make restitution.
(3) The restitution may be in the form of monetary restitution not to exceed
the lesser of the fair market value of the property or $2,500, or the student’s assignment to
a school work project, or both.
26–101.
(F) (1) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1
THEREAFTER , EACH COUNTY BOARD OF EDUCATION, INCLUDING THE BALTIMORE
CITY BOARD OF SCHOOL COMMISSIONERS , SHALL REPORT TO THE DEPARTMENT ON
THE NUMBER OF SCHOOL DISRUPTIONS IN THE C OUNTY IN VIOLATION O F THIS
SECTION FOR THE IMME DIATELY PRECEDING SC HOOL YEAR.
(2) A COUNTY BOARD SHALL R EPORT THE INFORMATIO N REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION I N THE FOLLOWING MANNER :
(I) THE DISRUPTIONS SHALL BE SORTED INTO THE FOLLOWING
CATEGORIES:
1. ATTENDANCE;
2. ARSON, FIRE, OR EXPLOSIVES;
3. DANGEROUS SUBSTANCES ;
4. SEX OFFENSES; AND
5. ATTACK WITH A WEAPON , THREATS, OR FIGHTING;
AND
(II) EACH INCIDENT OF DISR UPTION SHALL BE DISA GGREGATED
BY:
1. THE RACE, ETHNICITY, DISABILITY STATUS , AND
GENDER OF THE INDIVI DUAL;
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2. THE ACTIONS TAKEN AGA INST AN INDIVIDUAL B Y THE
LOCAL SCHOOL OR COUN TY BOARD RESULTING F ROM A VIOLATION, INCLUDING
SUSPENSIONS OF FEWER THAN 10 DAYS, SUSPENSIONS OF 10 DAYS OR MORE , AND
EXPULSIONS; AND
3. REFERRALS FOR PROSECU TION.
(3) ON OR BEFORE FEBRUARY 1, 2023, AND EACH FEBRUARY 1
THEREAFTER , THE DEPARTMENT SHALL SUBM IT TO THE MARYLAND CENTER FOR
SCHOOL SAFETY AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
ARTICLE, THE GENERAL ASSEMBLY A REPORT ON INCIDENTS OF SCHOOL
DISRUPTIONS IN PUBLI C SCHOOLS IN THE STATE FROM A COMPILAT ION OF THE
REPORTS SUBMITTED TO THE DEPARTMENT UNDER PARAGRAPH (1) OF THIS
SUBSECTION AND DISAG GREGATED IN THE MANN ER REQUIRED UNDER PA RAGRAPH
(2) OF THIS SUBSECTION .
(4) EACH COUNTY BOARD SHA LL INCLUDE INFORMATI ON ON SCHOOL
DISRUPTIONS FROM THE 2018–2019 AND 2019–2020 SCHOOL YEARS IN ITS REPORT
TO THE DEPARTMENT FOR THE REP ORT DUE ON DECEMBER 1, 2022.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) In this section, “reportable offense” has the meaning stated in § 7–303 of the
Education Article, in effect on June 30, 2022.
(b) (1) On or before November 1, 2022, each county board of education,
including Baltimore City, shall report to the State Department of Education, in a manner
consistent with State and federal privacy law, on students arrested for reportable offenses
in public schools in the county for the 2017–2018 through 2021–2022 school years,
including:
(i) subject to paragraph (2) of this subsection, the race, ethnicity,
disability status, and gender of the student;
(ii) the crime for which the student was arrested; and
(iii) any disciplinary action the school took removal or exclusion of the
student from the student’s regular program as a direct result of the reportable offense.
(2) If revealing a student’s race, ethnicity, disability status, or gender
would allow for the identification of the student, the county board shall instead report the
information listed under paragraph (1)(ii) and (iii) of this subsection for that student,
consistent with State and federal privacy law.
LAWRENCE J. HOGAN, JR., Governor Ch. 742
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(c) On or before January 1, 2023, the State Department of Education shall
compile the information it receives under subsection (a) of this section and report to the
Governor and, in accordance with § 2–1257 of the State Government Article, the General
Assembly on the effects of students arrested for reportable offenses in public schools in the
State.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.