MD
Maryland House Bill HB146

Maryland 2022 Regular Session

Maryland House Bill HB146 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 742
21
3-– 1 –
4-Chapter 742
5-(House Bill 146)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0146*
810
9-Education – Reportable Offenses and, Student Discipline, and School
10-Disruptions – Alterations Children With Disabilities Presence of an Attorney and
11-Reporting
11+HOUSE BILL 146
12+F1, E3 (2lr1204)
13+ENROLLED BILL
14+— Ways and Means/Education, Health, and Environmental Affairs —
15+Introduced by Delegates Moon and Atterbeary
1216
13-FOR the purpose of altering the definition of “reportable offense” to include only offenses
14-that occurred off school premises, that did not occur at events sponsored by the school,
15-and that involved certain crimes of violence; altering the definition of “reportable
16-offense” to include only offenses that occurred off school premises, that did not occur
17-at events sponsored by the school, and that involved certain crimes of violence;
18-repealing a requirement that a law enforcement agency notify certain individuals if
19-a student was arrested for a reportable offense; authorizing the State’s Attorney to
20-notify certain individuals about a reportable offense if a student is adjudicated
21-delinquent or convicted of the offense; requiring the State’s Attorney to provide a
22-copy of notification of a reportable offense to a student’s defense attorney; requiring
23-the State Department of Education to issue a report to the Governor and the General
24-Assembly each year that contains certain information related to reportable offenses;
25-clarifying that provisions governing the discipline of students apply regardless of the
26-cause for which a student is being disciplined; requiring that a student’s attorney be
27-invited to participate in disciplinary conferences related to discipline for a reportable
28-offense; prohibiting a principal or county superintendent from asking questions
29-related to a reportable offense of a student unless the student’s attorney is present;
30-requiring each county board of education to report to the Department certain
31-information on school disruptions in violation of a certain provision of law each year;
32-requiring each county board of education to report certain information on reportable
33-offenses to the Department on or before a certain date; requiring the Department to
34-issue a certain report to the Governor and the General Assembly on or before a
35-certain date; and generally relating to student discipline and reportable offenses.
17+Read and Examined by Proofreaders:
3618
37-BY repealing and reenacting, without amendments,
38- Article – Education
39- Section 7–303(a)(1)
40- Annotated Code of Maryland
41- (2018 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
4223
43-BY repealing and reenacting, with amendments,
44- Article – Education
45-Section 7–303(a)(6) and 7–303 and 7–305(g) and (h)
46- Annotated Code of Maryland
47- (2018 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4825
49-BY adding to Ch. 742 2022 LAWS OF MARYLAND
26+_______ day of _______________ at ________________________ o’clock, ________M.
5027
51-– 2 –
52- Article – Education
53-Section 7–303(j) and (k), and 7–305(h), and 26–101(f)
54- Annotated Code of Maryland
55- (2018 Replacement Volume and 2021 Supplement)
28+______________________________________________
29+Speaker.
5630
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
58-That the Laws of Maryland read as follows:
31+CHAPTER ______
5932
60-Article – Education
33+AN ACT concerning 1
6134
62-7–303.
35+Education – Reportable Offenses and, Student Discipline, and School 2
36+Disruptions – Alterations Children With Disabilities Presence of an Attorney and 3
37+Reporting 4
6338
64- (a) (1) In this section the following words have the meanings indicated.
39+FOR the purpose of altering the definition of “reportable offense” to include only offenses 5
40+that occurred off school premises, that did not occur at events sponsored by the school, 6
41+and that involved certain crimes of violence; altering the definition of “reportable 7
42+offense” to include only offenses that occurred off school premises, that did not occur 8
43+at events sponsored by the school, and that involved certain crimes of violence; 9
44+repealing a requirement that a law enforcement agency notify certain individuals if 10
45+a student was arrested for a reportable offense; authorizing the State’s Attorney to 11
46+notify certain individuals about a reportable offense if a student is adjudicated 12
47+delinquent or convicted of the offense; requiring the State’s Attorney to provide a 13
48+copy of notification of a reportable offense to a student’s defense attorney; requiring 14
49+the State Department of Education to issue a report to the Governor and the General 15 2 HOUSE BILL 146
6550
66- [(2) “Criminal organization” has the meaning stated in § 9–801 of the
67-Criminal Law Article.
6851
69- (3) “Law enforcement agency” means the law enforcement agencies listed
70-in § 3–101(e) of the Public Safety Article.]
52+Assembly each year that contains certain information related to reportable offenses; 1
53+clarifying that provisions governing the discipline of students apply regardless of the 2
54+cause for which a student is being disciplined; requiring that a student’s attorney be 3
55+invited to participate in disciplinary conferences related to discipline for a reportable 4
56+offense; prohibiting a principal or county superintendent from asking questions 5
57+related to a reportable offense of a student unless the student’s attorney is present; 6
58+requiring each county board of education to report to the Department certain 7
59+information on school disruptions in violation of a certain provision of law each year; 8
60+requiring each county board of education to report certain information on reportable 9
61+offenses to the Department on or before a certain date; requiring the Department to 10
62+issue a certain report to the Governor and the General Assembly on or before a 11
63+certain date; and generally relating to student discipline and reportable offenses. 12
7164
72- [(4)] (2) “Local school system” means the schools and school programs
73-under the supervision of the local superintendent.
65+BY repealing and reenacting, without amendments, 13
66+ Article – Education 14
67+ Section 7–303(a)(1) 15
68+ Annotated Code of Maryland 16
69+ (2018 Replacement Volume and 2021 Supplement) 17
7470
75- [(5)] (3) “Local superintendent” means:
71+BY repealing and reenacting, with amendments, 18
72+ Article – Education 19
73+Section 7–303(a)(6) and 7–303 and 7–305(g) and (h) 20
74+ Annotated Code of Maryland 21
75+ (2018 Replacement Volume and 2021 Supplement) 22
7676
77- (i) The county superintendent, for the county in which a student is
78-enrolled, or a designee of the superintendent, who is an administrator; or
77+BY adding to 23
78+ Article – Education 24
79+Section 7–303(j) and (k), and 7–305(h), and 26–101(f) 25
80+ Annotated Code of Maryland 26
81+ (2018 Replacement Volume and 2021 Supplement) 27
7982
80- (ii) The superintendent of schools for the:
83+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
84+That the Laws of Maryland read as follows: 29
8185
82- 1. Archdiocese of Baltimore;
86+Article – Education 30
8387
84- 2. Archdiocese of Washington; and
88+7–303. 31
8589
86- 3. Catholic Diocese of Wilmington.
90+ (a) (1) In this section the following words have the meanings indicated. 32
8791
88- [(6)] (4) “Reportable offense” means AN OFFENSE THAT :
92+ [(2) “Criminal organization” has the meaning stated in § 9–801 of the 33
93+Criminal Law Article. 34
8994
90- (I) OCCURRED OFF SCHOOL P REMISES;
95+ (3) “Law enforcement agency” means the law enforcement agencies listed 35
96+in § 3–101(e) of the Public Safety Article.] 36
97+ HOUSE BILL 146 3
9198
92- (II) DID NOT OCCUR AT AN EVEN T SPONSORED BY THE S CHOOL;
93-AND
9499
95- [(i)] (III) 1. [A] INVOLVED A crime of violence, as defined in §
96-14–101 of the Criminal Law Article; OR LAWRENCE J. HOGAN, JR., Governor Ch. 742
100+ [(4)] (2) “Local school system” means the schools and school programs 1
101+under the supervision of the local superintendent. 2
97102
98-– 3 –
103+ [(5)] (3) “Local superintendent” means: 3
99104
100- [(ii)] 2. [Any] INVOLVED ANY of the offenses enumerated in §
101-3–8A–03(d)(4) of the Courts Article[;
105+ (i) The county superintendent, for the county in which a student is 4
106+enrolled, or a designee of the superintendent, who is an administrator; or 5
102107
103- (iii) A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the
104-Criminal Law Article;
108+ (ii) The superintendent of schools for the: 6
105109
106- (iv) A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, §
107-5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627,
108-or § 5–628 of the Criminal Law Article;
110+ 1. Archdiocese of Baltimore; 7
109111
110- (v) A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law
111-Article;
112+ 2. Archdiocese of Washington; and 8
112113
113- (vi) A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the
114-Criminal Law Article;
114+ 3. Catholic Diocese of Wilmington. 9
115115
116- (vii) A violation of § 9–802 or § 9–803 of the Criminal Law Article;
116+ [(6)] (4) “Reportable offense” means AN OFFENSE THAT : 10
117117
118- (viii) A violation of § 3–203 of the Criminal Law Article;
118+ (I) OCCURRED OFF SCHOOL P REMISES; 11
119119
120- (ix) A violation of § 6–301 of the Criminal Law Article;
120+ (II) DID NOT OCCUR AT AN EVEN T SPONSORED BY THE S CHOOL; 12
121+AND 13
121122
122- (x) A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law
123-Article;
123+ [(i)] (III) 1. [A] INVOLVED A crime of violence, as defined in § 14
124+14–101 of the Criminal Law Article; OR 15
124125
125- (xi) A violation of § 7–105 of the Criminal Law Article;
126+ [(ii)] 2. [Any] INVOLVED ANY of the offenses enumerated in § 16
127+3–8A–03(d)(4) of the Courts Article[; 17
126128
127- (xii) A violation of § 6–202 of the Criminal Law Article; or
129+ (iii) A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18
130+Criminal Law Article; 19
128131
129- (xiii) A violation of § 10–606 of the Criminal Law Article].
132+ (iv) A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 20
133+5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21
134+or § 5–628 of the Criminal Law Article; 22
130135
131- [(7)] (5) “School principal” means the principal of the public or nonpublic
132-school in which a student is enrolled, or a designee of the principal, who is an administrator.
136+ (v) A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law 23
137+Article; 24
133138
134- [(8)] (6) (i) “School security officer” includes a school principal,
135-another school administrator, a law enforcement officer, or other individual employed by a
136-local school system or a local government who is designated by the county superintendent
137-or a school principal to help maintain the security and safety of a school.
139+ (vi) A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25
140+Criminal Law Article; 26
138141
139- (ii) “School security officer” does not include a teacher.
142+ (vii) A violation of § 9–802 or § 9–803 of the Criminal Law Article; 27
140143
141- [(9)] (7) “Student” means an individual enrolled in a public school system
142-or nonpublic school in the State who is 5 years of age or older and under 22 years of age.
143- Ch. 742 2022 LAWS OF MARYLAND
144+ (viii) A violation of § 3–203 of the Criminal Law Article; 28
145+ 4 HOUSE BILL 146
144146
145-– 4 –
146- (b) If a student is [arrested for] ADJUDICATED DELINQUE NT OR CONVICTED
147-OF a reportable offense [or an offense that is related to the student’s membership in a
148-criminal organization, the law enforcement agency making the arrest:
149147
150- (1) Shall] THE STATE’S ATTORNEY MAY notify the following individuals
151-of the [arrest and the charges] ADJUDICATION OR CONV ICTION within 24 hours of the
152-[arrest] DISPOSITION OF THE C ASE or as soon as practicable:
148+ (ix) A violation of § 6–301 of the Criminal Law Article; 1
153149
154- [(i)] (1) The local superintendent;
150+ (x) A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law 2
151+Article; 3
155152
156- [(ii)] (2) The school principal; and
153+ (xi) A violation of § 7–105 of the Criminal Law Article; 4
157154
158- [(iii)] (3) For a school that has a school security officer, the school
159-security officer[; and
155+ (xii) A violation of § 6–202 of the Criminal Law Article; or 5
160156
161- (2) May notify the State’s Attorney of the arrest and charges].
157+ (xiii) A violation of § 10–606 of the Criminal Law Article]. 6
162158
163- (c) [The State’s Attorney shall promptly notify either the local superintendent or
164-the school principal of the disposition of the reportable offense required to be reported] IF
165-NOTIFICATION IS PROVIDED under subsection (b) of this section, THE STATE’S
166-ATTORNEY SHALL PROVID E A COPY OF THE NOTI FICATION TO THE STUD ENT’S
167-DEFENSE ATTORNEY .
159+ [(7)] (5) “School principal” means the principal of the public or nonpublic 7
160+school in which a student is enrolled, or a designee of the principal, who is an administrator. 8
168161
169- (d) Except by order of a juvenile court or other court upon good cause shown, the
170-information obtained by an individual pursuant to subsections (b) and (c) of this section:
162+ [(8)] (6) (i) “School security officer” includes a school principal, 9
163+another school administrator, a law enforcement officer, or other individual employed by a 10
164+local school system or a local government who is designated by the county superintendent 11
165+or a school principal to help maintain the security and safety of a school. 12
171166
172- (1) Is confidential and may not be redisclosed by subpoena or otherwise
173-except as provided pursuant to subsections (e) and (f) of this section; and
167+ (ii) “School security officer” does not include a teacher. 13
174168
175- (2) May not be made part of the student’s permanent educational record.
169+ [(9)] (7) “Student” means an individual enrolled in a public school system 14
170+or nonpublic school in the State who is 5 years of age or older and under 22 years of age. 15
176171
177- (e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing
178-shall prohibit a local superintendent or school principal from transmitting the information
179-obtained pursuant to [subsections (b) and (c)] SUBSECTION (B) of this section as a
180-confidential file to the local superintendent of another public school system in the State or
181-another nonpublic school in the State in which the student has enrolled or been transferred
182-in order to carry out the purposes of this section [if the disposition of the reportable offense
183-was a conviction or an adjudication of delinquency or the criminal charge or delinquency
184-petition is still pending] IF THE CHILD IS UNDE R THE SUPERVISION OF THE
185-DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES OR THE
186-DEPARTMENT OF JUVENILE SERVICES.
187- LAWRENCE J. HOGAN, JR., Governor Ch. 742
172+ (b) If a student is [arrested for] ADJUDICATED DELINQUE NT OR CONVICTED 16
173+OF a reportable offense [or an offense that is related to the student’s membership in a 17
174+criminal organization, the law enforcement agency making the arrest: 18
188175
189-– 5 –
190- (2) A local superintendent or school principal who transmits information
191-about a student under this subsection shall include in the transmittal information
192-regarding any educational programming and related services provided to the student.
176+ (1) Shall] THE STATE’S ATTORNEY MAY notify the following individuals 19
177+of the [arrest and the charges] ADJUDICATION OR CONV ICTION within 24 hours of the 20
178+[arrest] DISPOSITION OF THE C ASE or as soon as practicable: 21
193179
194- (f) The State Board shall adopt regulations to ensure that information obtained
195-by a local superintendent, a school principal, or a school security officer under subsections
196-(b)[, (c),] and (e) of this section is:
180+ [(i)] (1) The local superintendent; 22
197181
198- (1) Used to provide appropriate educational programming and related
199-services to the student and to maintain a safe and secure school environment for students
200-and school personnel;
182+ [(ii)] (2) The school principal; and 23
201183
202- (2) Transmitted only to school personnel of the school in which the student
203-is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection;
204-and
184+ [(iii)] (3) For a school that has a school security officer, the school 24
185+security officer[; and 25
205186
206- (3) Destroyed when the student graduates or otherwise permanently
207-leaves school or turns 22 years old, whichever occurs first.
187+ (2) May notify the State’s Attorney of the arrest and charges]. 26
208188
209- (g) [(1) Except as otherwise provided in paragraph (2) of this subsection, the]
210-THE local superintendent and the school principal shall consider prohibiting a student who
211-is [arrested] ADJUDICATED DELINQUE NT OR CONVICTED for a reportable offense
212-involving rape or a sexual offense from attending the same school or riding on the same
213-school bus as the alleged victim of the reportable offense if such action is necessary or
214-appropriate to protect the physical or psychological well–being of the alleged victim.
189+ (c) [The State’s Attorney shall promptly notify either the local superintendent or 27
190+the school principal of the disposition of the reportable offense required to be reported] IF 28
191+NOTIFICATION IS PROVIDED under subsection (b) of this section, THE STATE’S 29 HOUSE BILL 146 5
215192
216- [(2) If a student is arrested for a reportable offense involving rape or a
217-sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense,
218-the student may not attend the same school or ride on the same school bus as the victim.]
219193
220- (h) Nothing in this section is intended to limit the manner in which a local school
221-obtains information or uses information obtained by any lawful means other than that set
222-forth in subsections (b)[, (c),] and (e) of this section.
194+ATTORNEY SHALL PROVID E A COPY OF THE NOTI FICATION TO THE STUD ENT’S 1
195+DEFENSE ATTORNEY . 2
223196
224- (i) Each public school that enrolls students in grades six through twelve in the
225-State shall designate at least one school security officer.
197+ (d) Except by order of a juvenile court or other court upon good cause shown, the 3
198+information obtained by an individual pursuant to subsections (b) and (c) of this section: 4
226199
227- (a) (1) In this section the following words have the meanings indicated.
200+ (1) Is confidential and may not be redisclosed by subpoena or otherwise 5
201+except as provided pursuant to subsections (e) and (f) of this section; and 6
228202
229- (6) “Reportable offense” means AN OFFENSE THA T:
203+ (2) May not be made part of the student’s permanent educational record. 7
230204
231- (I) OCCURRED OFF SCHOOL P REMISES;
205+ (e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 8
206+shall prohibit a local superintendent or school principal from transmitting the information 9
207+obtained pursuant to [subsections (b) and (c)] SUBSECTION (B) of this section as a 10
208+confidential file to the local superintendent of another public school system in the State or 11
209+another nonpublic school in the State in which the student has enrolled or been transferred 12
210+in order to carry out the purposes of this section [if the disposition of the reportable offense 13
211+was a conviction or an adjudication of delinquency or the criminal charge or delinquency 14
212+petition is still pending] IF THE CHILD IS UNDE R THE SUPERVISION OF THE 15
213+DEPARTMENT O F PUBLIC SAFETY AND CORRECTIONAL SERVICES OR THE 16
214+DEPARTMENT OF JUVENILE SERVICES. 17
232215
233- (II) DID NOT OCCUR AT AN E VENT SPONSORED BY TH E SCHOOL;
234-AND
235- Ch. 742 2022 LAWS OF MARYLAND
216+ (2) A local superintendent or school principal who transmits information 18
217+about a student under this subsection shall include in the transmittal information 19
218+regarding any educational programming and related services provided to the student. 20
236219
237-– 6 –
238- [(i)] (III) INVOLVED ANY OF THE F OLLOWING:
220+ (f) The State Board shall adopt regulations to ensure that information obtained 21
221+by a local superintendent, a school principal, or a school security officer under subsections 22
222+(b)[, (c),] and (e) of this section is: 23
239223
240- 1. A crime of violence, as defined in § 14–101 of the Criminal
241-Law Article;
224+ (1) Used to provide appropriate educational programming and related 24
225+services to the student and to maintain a safe and secure school environment for students 25
226+and school personnel; 26
242227
243- [(ii)] 2. Any of the offenses enumerated in § 3–8A–03(d)(4) of the
244-Courts Article;
228+ (2) Transmitted only to school personnel of the school in which the student 27
229+is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 28
230+and 29
245231
246- [(iii)] 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the
247-Criminal Law Article;
232+ (3) Destroyed when the student graduates or otherwise permanently 30
233+leaves school or turns 22 years old, whichever occurs first. 31
248234
249- [(iv)] 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606,
250-§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627,
251-or § 5–628 of the Criminal Law Article;
235+ (g) [(1) Except as otherwise provided in paragraph (2) of this subsection, the] 32
236+THE local superintendent and the school principal shall consider prohibiting a student who 33
237+is [arrested] ADJUDICATED DELINQUE NT OR CONVICTED for a reportable offense 34
238+involving rape or a sexual offense from attending the same school or riding on the same 35 6 HOUSE BILL 146
252239
253- [(v)] 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal
254-Law Article;
255240
256- [(vi)] 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the
257-Criminal Law Article;
241+school bus as the alleged victim of the reportable offense if such action is necessary or 1
242+appropriate to protect the physical or psychological well–being of the alleged victim. 2
258243
259- [(vii)] 7. A violation of § 9–802 or § 9–803 of the Criminal Law
260-Article;
244+ [(2) If a student is arrested for a reportable offense involving rape or a 3
245+sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 4
246+the student may not attend the same school or ride on the same school bus as the victim.] 5
261247
262- [(viii)] 8. A violation of § 3–203 of the Criminal Law Article;
248+ (h) Nothing in this section is intended to limit the manner in which a local school 6
249+obtains information or uses information obtained by any lawful means other than that set 7
250+forth in subsections (b)[, (c),] and (e) of this section. 8
263251
264- [(ix)] 9. A violation of § 6–301 of the Criminal Law Article;
252+ (i) Each public school that enrolls students in grades six through twelve in the 9
253+State shall designate at least one school security officer. 10
265254
266- [(x)] 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal
267-Law Article;
255+ (a) (1) In this section the following words have the meanings indicated. 11
268256
269- [(xi)] 11. A violation of § 7–105 of the Criminal Law Article;
257+ (6) “Reportable offense” means AN OFFENSE THA T: 12
270258
271- [(xii)] 12. A violation of § 6–202 of the Criminal Law Article; or
259+ (I) OCCURRED OFF SCHOOL P REMISES; 13
272260
273- [(xiii)] 13. A violation of § 10–606 of the Criminal Law Article.
261+ (II) DID NOT OCCUR AT AN E VENT SPONSORED BY TH E SCHOOL; 14
262+AND 15
274263
275- (J) (1) ON OR BEFORE DECEMBER 30 EACH YEAR, THE DEPARTMENT , IN
276-ACCORDANCE WITH STATE AND FEDERAL PRI VACY LAWS, SHALL SUBMIT TO THE
277-GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
278-ARTICLE, THE GENERAL ASSEMBLY A REPORT THA T INCLUDES THE FOLLO WING
279-INFORMATION ABOUT EA CH REPORTABLE OFFENS E FOR WHICH A LOCAL SCHOOL
280-RECEIVED INFORMATION UNDER SUBSECTION (B) OF THIS SECTION IN T HE
281-PRECEDING SCHOOL YEA R: LAWRENCE J. HOGAN, JR., Governor Ch. 742
264+ [(i)] (III) INVOLVED ANY OF THE F OLLOWING: 16
282265
283-– 7 –
266+ 1. A crime of violence, as defined in § 14–101 of the Criminal 17
267+Law Article; 18
284268
285- (I) THE NATURE OF THE REP ORTABLE OFFENSE ;
269+ [(ii)] 2. Any of the offenses enumerated in § 3–8A–03(d)(4) of the 19
270+Courts Article; 20
286271
287- (II) VERIFICATION THAT THE OFFENSE OCCURRED OFF SCHOOL
288-PREMISES;
272+ [(iii)] 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 21
273+Criminal Law Article; 22
289274
290- (III) ACTION TAKEN BY THE L OCAL SCHOOL AND COUN TY BOARD
291-AFTER BEING NOTIFIED OF THE REPORTABLE OF FENSE;
275+ [(iv)] 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 23
276+§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 24
277+or § 5–628 of the Criminal Law Article; 25
292278
293- (IV) THE RACE, ETHNICITY, GENDER, AND DISABILITY STATU S
294-OF THE STUDENT ADJUDICATED DELINQUENT OR CONVIC TED OF ARRESTED FOR
295-THE REPORTABLE OFFEN SE;
279+ [(v)] 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 26
280+Law Article; 27
296281
297- (V) THE GRADE OF THE STUD ENT ADJUDICATED DELINQUE NT
298-OR CONVICTED OF ARRESTED FOR THE REPORTABLE OFFEN SE;
282+ [(vi)] 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 28
283+Criminal Law Article; 29
284+ HOUSE BILL 146 7
299285
300- (VI) THE REGULAR SCHOOL PR OGRAM OF THE STUDENT
301-ADJUDICATED DELINQUE NT OR CONVIC TED OF ARRESTED FOR THE REPORTABLE
302-OFFENSE;
303286
304- (VII) WHETHER THE STUDENT ’S REGULAR SCHOOL PRO GRAM
305-WAS ALTERED AS A RES ULT OF THE REPORTABL E OFFENSE; AND
287+ [(vii)] 7. A violation of § 9–802 or § 9–803 of the Criminal Law 1
288+Article; 2
306289
307- (VIII) IF THE STUDENT WAS RE MOVED FROM THE STUDE NT’S
308-REGULAR SCHOOL PROGR AM AS A RESULT OF TH E REPORTABLE OFFENSE :
290+ [(viii)] 8. A violation of § 3–203 of the Criminal Law Article; 3
309291
310- 1. THE AMOUNT OF TIME DU RING WHICH THE STUDE NT
311-WAS REMOVED ; AND
292+ [(ix)] 9. A violation of § 6–301 of the Criminal Law Article; 4
312293
313- 2. THE STUDENT ’S PLACEMENT AND EDUC ATIONAL
314-PROGRAMMING DURING T HE PERIOD OF REMOVAL ; AND
294+ [(x)] 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 5
295+Law Article; 6
315296
316- (IX) IF REMOVED FROM THE S TUDENT’S REGULAR SCHOOL
317-PROGRAM, THE STUDENT’S ACADEMIC PERFORMAN CE DURING THE TIME P ERIOD
318-THE STUDENT WAS REMO VED, INCLUDING ATTENDANCE , GRADES, AND
319-STANDARDIZED TEST SC ORES, AND ANY ADDITIONAL D ISCIPLINARY ACTIONS .
297+ [(xi)] 11. A violation of § 7–105 of the Criminal Law Article; 7
320298
321- (2) EACH COUNTY BOARD AND PUBLIC SCHOOL SHALL PROVIDE THE
322-DEPARTMENT WITH ANY INFORMATION NECE SSARY TO ISSUE ITS R EPORT IN
323-ACCORDANCE WITH THIS SECTION.
299+ [(xii)] 12. A violation of § 6–202 of the Criminal Law Article; or 8
324300
325- (K) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S
326-REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE, THE PRINCIPAL OR
327-COUNTY SUPERINTENDEN T SHALL INVITE THE S TUDENT’S ATTORNEY, IF THE Ch. 742 2022 LAWS OF MARYLAND
301+ [(xiii)] 13. A violation of § 10–606 of the Criminal Law Article. 9
328302
329-– 8 –
330-STUDENT HAS AN ATTOR NEY, TO PARTICIPATE IN TH E CONFERENCE BETWEEN THE
331-STUDENT OR THE STUDE NT’S PARENT OR GUARDIAN AND THE PRINCIPAL OR
332-COUNTY SUPERINTENDEN T, AND THE MANIFESTATIO N DETERMINATION REVI EW, IF
333-APPLICABLE.
303+ (J) (1) ON OR BEFORE DECEMBER 30 EACH YEAR, THE DEPARTMENT , IN 10
304+ACCORDANCE WITH STATE AND FEDERAL PRI VACY LAWS, SHALL SUBMIT TO THE 11
305+GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 12
306+ARTICLE, THE GENERAL ASSEMBLY A REPORT THA T INCLUDES THE FOLLO WING 13
307+INFORMATION ABOUT EA CH REPORTABLE OFFENS E FOR WHICH A LOCAL SCHOOL 14
308+RECEIVED INFORMATION UNDER SUBSECTION (B) OF THIS SECTION IN T HE 15
309+PRECEDING SCHOOL YEA R: 16
334310
335-7–305.
311+ (I) THE NATURE OF THE REP ORTABLE OFFENSE ; 17
336312
337- (g) (1) The discipline of a child with a disability, including the suspension,
338-expulsion, or interim alternative placement of the child for disciplinary reasons, OR
339-REMOVAL OR EXCLUSION OF THE CHILD FROM TH E CHILD’S REGULAR SCHOOL
340-PROGRAM FOR MORE THA N TEN CONSECU TIVE SCHOOL DAYS FOR A REPORTABLE
341-OFFENSE, shall be conducted in conformance with the requirements of the Individuals with
342-Disabilities Education Act of the United States Code, INCLUDING THE REQUIR EMENTS
343-RELATED TO A MANIFES TATION DETERMINATION .
313+ (II) VERIFICATION THAT THE OFFENSE OCCURRED OFF SCHOOL 18
314+PREMISES; 19
344315
345- (2) If a child with a disability is being considered for suspension or
346-expulsion, the child or the child’s parent or guardian shall be given a community resources
347-list attached to the procedural safeguards notice required by regulation of the State Board.
316+ (III) ACTION TAKEN BY THE L OCAL SCHOOL AND COUN TY BOARD 20
317+AFTER BEING NOTIFIED OF THE REPORTABLE OF FENSE; 21
348318
349- (H) (1) THE PROVISIONS OF THI S SECTION APPLY TO A STUDENT
350-REGARDLESS OF THE CA USE FOR WHICH A STUD ENT IS BEING DISCIPL INED,
351-INCLUDING, SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , ANY
352-REMOVAL OR EXCLUSION OF A STUDENT FROM TH E STUDENT’S REGULAR SCHOOL
353-PROGRAM ARISING OUT OF A REPORTABLE OFFE NSE UNDER § 7–303 OF THIS
354-SUBTITLE.
319+ (IV) THE RACE, ETHNICITY, GENDER, AND DISABILITY STATU S 22
320+OF THE STUDENT ADJUDICATED DELINQUENT OR CONVIC TED OF ARRESTED FOR 23
321+THE REPORTABLE OFFEN SE; 24
355322
356- (2) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT’S
357-REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE UNDER § 7–303 OF THIS
358-SUBTITLE, THE PRINCIPAL OR COU NTY SUPERINTENDENT S HALL INVITE THE
359-STUDENT’S ATTORNEY(S) ATTORNEY, IF THE STUDENT HAS A N ATTORNEY , TO
360-PARTICIPATE IN THE C ONFERENCE BETWEEN TH E STUDENT OR THE STU DENT’S
361-PARENT OR GUARDIAN A ND THE PRIN CIPAL OR COUNTY SUPE RINTENDENT, AND
362-THE MANIFESTATION DE TERMINATION REVIEW , IF APPLICABLE.
323+ (V) THE GRADE OF THE STUD ENT ADJUDICATED DELINQUE NT 25
324+OR CONVICTED OF ARRESTED FOR THE REPORTABLE OFFEN SE; 26
363325
364- (3) A PRINCIPAL OR COUNTY SUPERINTENDENT MAY N OT ASK ANY
365-QUESTIONS OF A STUDE NT RELATED TO A REPO RTABLE OFFENSE UNDER § 7–303 OF
366-THIS SUBTITLE, UNLESS THE STUDENT’S DEFENSE ATTORNEY I S PRESENT.
326+ (VI) THE REGULAR SCHOOL PR OGRAM OF THE STUDENT 27
327+ADJUDICATED DELINQUE NT OR CONVICTED OF ARRESTED FOR THE REPORTABLE 28
328+OFFENSE; 29
329+ 8 HOUSE BILL 146
367330
368- (4) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT’S
369-REGULAR SCHOOL PROGR AM BASED ON A REPORT ABLE OFFENSE , AFTER THE
370-REMOVAL PERIOD , THE STUDENT HAS THE RIGHT TO RETURN TO T HE REGULAR
371-SCHOOL PROGRAM THE S TUDENT ATTENDED BEFORE T HE REMOVAL PERIOD .
372- LAWRENCE J. HOGAN, JR., Governor Ch. 742
373331
374-– 9 –
375- [(h)] (I) (1) This subsection does not apply if the student is referred to the
376-Department of Juvenile Services.
332+ (VII) WHETHER THE STUDENT ’S REGULAR SCHOOL PRO GRAM 1
333+WAS ALTERED AS A RES ULT OF THE REPORTABL E OFFENSE; AND 2
377334
378- (2) If a student violates a State or local law or regulation and during or as
379-a result of the commission of that violation damaged, destroyed, or substantially decreased
380-the value of school property or property of another that was on school property at the time
381-of the violation, as part of a conference on the matter with the student, the student’s parent
382-or guardian and any other appropriate person, the principal shall require the student or
383-the student’s parent to make restitution.
335+ (VIII) IF THE STUDENT WAS RE MOVED FROM THE STUDE NT’S 3
336+REGULAR SCHOOL PROGR AM AS A RESULT OF THE REPORTABLE OFFEN SE: 4
384337
385- (3) The restitution may be in the form of monetary restitution not to exceed
386-the lesser of the fair market value of the property or $2,500, or the student’s assignment to
387-a school work project, or both.
338+ 1. THE AMOUNT OF TIME DU RING WHICH THE STUDE NT 5
339+WAS REMOVED ; AND 6
388340
389-26–101.
341+ 2. THE STUDENT ’S PLACEMENT AND EDUC ATIONAL 7
342+PROGRAMMING DURING T HE PERIOD OF REMOVAL ; AND 8
390343
391- (F) (1) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1
392-THEREAFTER , EACH COUNTY BOARD OF EDUCATION, INCLUDING THE BALTIMORE
393-CITY BOARD OF SCHOOL COMMISSIONERS , SHALL REPORT TO THE DEPARTMENT ON
394-THE NUMBER OF SCHOOL DISRUPTIONS IN THE C OUNTY IN VIOLATION O F THIS
395-SECTION FOR THE IMME DIATELY PRECEDING SC HOOL YEAR.
344+ (IX) IF REMOVED FROM THE S TUDENT’S REGULAR SCHOOL 9
345+PROGRAM, THE STUDENT’S ACADEMIC PERFORMAN CE DURING THE TIME P ERIOD 10
346+THE STUDENT WAS REMO VED, INCLUDING ATTENDANCE , GRADES, AND 11
347+STANDARDIZED TEST SC ORES, AND ANY ADDITIONAL D ISCIPLINARY ACTIONS . 12
396348
397- (2) A COUNTY BOARD SHALL R EPORT THE INFORMATIO N REQUIRED
398-UNDER PARAGRAPH (1) OF THIS SUBSECTION I N THE FOLLOWING MANNER :
349+ (2) EACH COUNTY BOARD AND PUBLIC SCHOOL SHALL PROVIDE THE 13
350+DEPARTMENT WITH ANY INFORMATION NECE SSARY TO ISSUE ITS R EPORT IN 14
351+ACCORDANCE WITH THIS SECTION. 15
399352
400- (I) THE DISRUPTIONS SHALL BE SORTED INTO THE FOLLOWING
401-CATEGORIES:
353+ (K) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 16
354+REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE, THE PRINCIPAL OR 17
355+COUNTY SUPERINTENDEN T SHALL INVITE THE S TUDENT’S ATTORNEY, IF THE 18
356+STUDENT HAS AN ATTOR NEY, TO PARTICIPATE IN TH E CONFERENCE BETWEEN THE 19
357+STUDENT OR THE STUDE NT’S PARENT OR GUARDIAN AND THE PRINCIPAL OR 20
358+COUNTY SUPERINTENDEN T, AND THE MANIFESTATIO N DETERMINATION REVI EW, IF 21
359+APPLICABLE. 22
402360
403- 1. ATTENDANCE;
361+7–305. 23
404362
405- 2. ARSON, FIRE, OR EXPLOSIVES;
363+ (g) (1) The discipline of a child with a disability, including the suspension, 24
364+expulsion, or interim alternative placement of the child for disciplinary reasons, OR 25
365+REMOVAL OR EXCLUSION OF THE CHILD FROM TH E CHILD’S REGULAR SCHOOL 26
366+PROGRAM FOR MORE THA N TEN CONSECUTIV E SCHOOL DAYS FOR A REPORTABLE 27
367+OFFENSE, shall be conducted in conformance with the requirements of the Individuals with 28
368+Disabilities Education Act of the United States Code, INCLUDING THE REQUIR EMENTS 29
369+RELATED TO A MANIFES TATION DETERMINATION . 30
406370
407- 3. DANGEROUS SUBSTANCES ;
371+ (2) If a child with a disability is being considered for suspension or 31
372+expulsion, the child or the child’s parent or guardian shall be given a community resources 32
373+list attached to the procedural safeguards notice required by regulation of the State Board. 33
374+ HOUSE BILL 146 9
408375
409- 4. SEX OFFENSES; AND
410376
411- 5. ATTACK WITH A WEAPON , THREATS, OR FIGHTING;
412-AND
377+ (H) (1) THE PROVISIONS OF THI S SECTION APPLY TO A STUDENT 1
378+REGARDLESS OF THE CA USE FOR WHICH A STUD ENT IS BEING DISCIPL INED, 2
379+INCLUDING, SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , ANY 3
380+REMOVAL OR EXCLUSION OF A STUDENT FROM TH E STUDENT’S REGULAR SCHOOL 4
381+PROGRAM ARISING OUT OF A REPORTABLE OFFENSE UNDER § 7–303 OF THIS 5
382+SUBTITLE. 6
413383
414- (II) EACH INCIDENT OF DISR UPTION SHALL BE DISA GGREGATED
415-BY:
384+ (2) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 7
385+REGULAR SCHOOL PROGR AM FOR A REPORTABLE OFFENSE UNDER § 7–303 OF THIS 8
386+SUBTITLE, THE PRINCIPAL OR COU NTY SUPERINTENDENT S HALL INVITE THE 9
387+STUDENT’S ATTORNEY (S) ATTORNEY, IF THE STUDENT HAS A N ATTORNEY , TO 10
388+PARTICIPATE IN THE C ONFERENCE BETWEEN TH E STUDENT OR THE STU DENT’S 11
389+PARENT OR GUARDIAN A ND THE PRINCIPAL OR COUNTY SUPERINTENDEN T, AND 12
390+THE MANIFESTATION DE TERMINATION REVIEW , IF APPLICABLE. 13
416391
417- 1. THE RACE, ETHNICITY, DISABILITY STATUS , AND
418-GENDER OF THE INDIVI DUAL;
419- Ch. 742 2022 LAWS OF MARYLAND
392+ (3) A PRINCIPAL OR COUNTY SUPERINTENDENT MAY N OT ASK ANY 14
393+QUESTIONS OF A STUDE NT RELATED TO A REPO RTABLE OFFENSE UNDER § 7–303 OF 15
394+THIS SUBTITLE, UNLESS THE STUDENT ’S DEFENSE ATTORNEY I S PRESENT. 16
420395
421-– 10 –
422- 2. THE ACTIONS TAKEN AGA INST AN INDIVIDUAL B Y THE
423-LOCAL SCHOOL OR COUN TY BOARD RESULTING F ROM A VIOLATION, INCLUDING
424-SUSPENSIONS OF FEWER THAN 10 DAYS, SUSPENSIONS OF 10 DAYS OR MORE , AND
425-EXPULSIONS; AND
396+ (4) IF A STUDENT IS REMOV ED OR EXCLUDED FROM THE STUDENT ’S 17
397+REGULAR SCHOOL PROGR AM BASED ON A REPORT ABLE OFFENSE , AFTER THE 18
398+REMOVAL PERIOD , THE STUDENT HAS THE RIGHT TO RETURN TO T HE REGULAR 19
399+SCHOOL PROGRAM THE S TUDENT ATTENDED BEFO RE THE REMOVAL PERIO D. 20
426400
427- 3. REFERRALS FOR PROSECU TION.
401+ [(h)] (I) (1) This subsection does not apply if the student is referred to the 21
402+Department of Juvenile Services. 22
428403
429- (3) ON OR BEFORE FEBRUARY 1, 2023, AND EACH FEBRUARY 1
430-THEREAFTER , THE DEPARTMENT SHALL SUBM IT TO THE MARYLAND CENTER FOR
431-SCHOOL SAFETY AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
432-ARTICLE, THE GENERAL ASSEMBLY A REPORT ON INCIDENTS OF SCHOOL
433-DISRUPTIONS IN PUBLI C SCHOOLS IN THE STATE FROM A COMPILAT ION OF THE
434-REPORTS SUBMITTED TO THE DEPARTMENT UNDER PARAGRAPH (1) OF THIS
435-SUBSECTION AND DISAG GREGATED IN THE MANN ER REQUIRED UNDER PA RAGRAPH
436-(2) OF THIS SUBSECTION .
404+ (2) If a student violates a State or local law or regulation and during or as 23
405+a result of the commission of that violation damaged, destroyed, or substantially decreased 24
406+the value of school property or property of another that was on school property at the time 25
407+of the violation, as part of a conference on the matter with the student, the student’s parent 26
408+or guardian and any other appropriate person, the principal shall require the student or 27
409+the student’s parent to make restitution. 28
437410
438- (4) EACH COUNTY BOARD SHA LL INCLUDE INFORMATI ON ON SCHOOL
439-DISRUPTIONS FROM THE 2018–2019 AND 2019–2020 SCHOOL YEARS IN ITS REPORT
440-TO THE DEPARTMENT FOR THE REP ORT DUE ON DECEMBER 1, 2022.
411+ (3) The restitution may be in the form of monetary restitution not to exceed 29
412+the lesser of the fair market value of the property or $2,500, or the student’s assignment to 30
413+a school work project, or both. 31
441414
442- SECTION 2. AND BE IT FURTHER ENACTED, That:
415+26–101. 32
443416
444- (a) In this section, “reportable offense” has the meaning stated in § 7–303 of the
445-Education Article, in effect on June 30, 2022.
417+ (F) (1) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 33
418+THEREAFTER , EACH COUNTY BOARD OF EDUCATION, INCLUDING THE BALTIMORE 34
419+CITY BOARD OF SCHOOL COMMISSIONERS , SHALL REPORT TO THE DEPARTMENT ON 35
420+THE NUMBER OF SCHOOL DISRUPTIONS IN THE C OUNTY IN VIOLATION OF THIS 36
421+SECTION FOR THE IMME DIATELY PRECEDING SC HOOL YEAR. 37 10 HOUSE BILL 146
446422
447- (b) (1) On or before November 1, 2022, each county board of education,
448-including Baltimore City, shall report to the State Department of Education, in a manner
449-consistent with State and federal privacy law, on students arrested for reportable offenses
450-in public schools in the county for the 2017–2018 through 2021–2022 school years,
451-including:
452423
453- (i) subject to paragraph (2) of this subsection, the race, ethnicity,
454-disability status, and gender of the student;
455424
456- (ii) the crime for which the student was arrested; and
425+ (2) A COUNTY BOARD SHALL R EPORT THE INFORMATIO N REQUIRED 1
426+UNDER PARAGRAPH (1) OF THIS SUBSECTION I N THE FOLLOWING MANN ER: 2
457427
458- (iii) any disciplinary action the school took removal or exclusion of the
459-student from the student’s regular program as a direct result of the reportable offense.
428+ (I) THE DISRUPTIONS SHALL BE SORTED INTO THE FOLLOWING 3
429+CATEGORIES: 4
460430
461- (2) If revealing a student’s race, ethnicity, disability status, or gender
462-would allow for the identification of the student, the county board shall instead report the
463-information listed under paragraph (1)(ii) and (iii) of this subsection for that student,
464-consistent with State and federal privacy law.
465- LAWRENCE J. HOGAN, JR., Governor Ch. 742
431+ 1. ATTENDANCE; 5
466432
467-– 11 –
468- (c) On or before January 1, 2023, the State Department of Education shall
469-compile the information it receives under subsection (a) of this section and report to the
470-Governor and, in accordance with § 2–1257 of the State Government Article, the General
471-Assembly on the effects of students arrested for reportable offenses in public schools in the
472-State.
433+ 2. ARSON, FIRE, OR EXPLOSIVES; 6
473434
474- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
475-July 1, 2022.
435+ 3. DANGEROUS SUBSTANCES ; 7
476436
477-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
437+ 4. SEX OFFENSES; AND 8
438+
439+ 5. ATTACK WITH A WEAPON , THREATS, OR FIGHTING; 9
440+AND 10
441+
442+ (II) EACH INCIDENT OF DISR UPTION SHALL BE DISA GGREGATED 11
443+BY: 12
444+
445+ 1. THE RACE, ETHNICITY, DISABILITY STATUS , AND 13
446+GENDER OF THE INDIVI DUAL; 14
447+
448+ 2. THE ACTIONS TAKEN AGA INST AN INDIVIDUAL B Y THE 15
449+LOCAL SCHOOL OR COUN TY BOARD RESULTING F ROM A VIOLATION , INCLUDING 16
450+SUSPENSIONS OF FEWER THAN 10 DAYS, SUSPENSIONS OF 10 DAYS OR MORE , AND 17
451+EXPULSIONS; AND 18
452+
453+ 3. REFERRALS FOR PROSECU TION. 19
454+
455+ (3) ON OR BEFORE FEBRUARY 1, 2023, AND EACH FEBRUARY 1 20
456+THEREAFTER , THE DEPARTMENT SHALL SUBM IT TO THE MARYLAND CENTER FOR 21
457+SCHOOL SAFETY AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 22
458+ARTICLE, THE GENERAL ASSEMBLY A REPORT ON INCIDENTS OF SCHOOL 23
459+DISRUPTIONS IN PUBLI C SCHOOLS IN THE STATE FROM A COMPILAT ION OF THE 24
460+REPORTS SUBMITTED TO THE DEPARTMENT UNDER PARA GRAPH (1) OF THIS 25
461+SUBSECTION AND DISAG GREGATED IN THE MANN ER REQUIRED UNDER PA RAGRAPH 26
462+(2) OF THIS SUBSECTION . 27
463+
464+ (4) EACH COUNTY BOARD SHA LL INCLUDE INFORMATI ON ON SCHOOL 28
465+DISRUPTIONS FROM THE 2018–2019 AND 2019–2020 SCHOOL YEARS IN ITS REPORT 29
466+TO THE DEPARTMENT FOR THE RE PORT DUE ON DECEMBER 1, 2022. 30
467+ HOUSE BILL 146 11
468+
469+
470+ SECTION 2. AND BE IT FURTHER ENACTED, That: 1
471+
472+ (a) In this section, “reportable offense” has the meaning stated in § 7–303 of the 2
473+Education Article, in effect on June 30, 2022. 3
474+
475+ (b) (1) On or before November 1, 2022, each county board of education, 4
476+including Baltimore City, shall report to the State Department of Education, in a manner 5
477+consistent with State and federal privacy law, on students arrested for reportable offenses 6
478+in public schools in the county for the 2017–2018 through 2021–2022 school years, 7
479+including: 8
480+
481+ (i) subject to paragraph (2) of this subsection, the race, ethnicity, 9
482+disability status, and gender of the student; 10
483+
484+ (ii) the crime for which the student was arrested; and 11
485+
486+ (iii) any disciplinary action the school took removal or exclusion of the 12
487+student from the student’s regular program as a direct result of the reportable offense. 13
488+
489+ (2) If revealing a student’s race, ethnicity, disability status, or gender 14
490+would allow for the identification of the student, the county board shall instead report the 15
491+information listed under paragraph (1)(ii) and (iii) of this subsection for that student, 16
492+consistent with State and federal privacy law. 17
493+
494+ (c) On or before January 1, 2023, the State Department of Education shall 18
495+compile the information it receives under subsection (a) of this section and report to the 19
496+Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
497+Assembly on the effects of students arrested for reportable offenses in public schools in the 21
498+State. 22
499+
500+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
501+July 1, 2022. 24
502+
503+
504+
505+
506+Approved:
507+________________________________________________________________________________
508+ Governor.
509+________________________________________________________________________________
510+ Speaker of the House of Delegates.
511+________________________________________________________________________________
512+ President of the Senate.