Maryland 2023 Regular Session

Maryland House Bill HB203 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0203
6	6
7	7	HOUSE BILL 203
8	8	F1, E4 EMERGENCY BILL 3lr0891
9	9	HB 1268/22 – JUD
10	10	By: Delegate R. Long
11	11	Introduced and read first time: January 20, 2023
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Education – Reporting Arrests of Students – Alterations 2
19	19
20	20	FOR the purpose of requiring a law enforcement agency making an arrest of a student for 3
21	21	a reportable offense or an offense related to the student’s membership in a criminal 4
22	22	organization to report the arrest to the Maryland Center for School Safety, the State 5
23	23	Board of Education, and the State’s Attorney; requiring the State’s Attorney to notify 6
24	24	the Maryland Center for School Safety and the State Board of the disposition of the 7
25	25	offense; authorizing the Maryland Center for School Safety and the State Board to 8
26	26	transmit certain information regarding the arrest to a certain county superintendent 9
27	27	of schools or a certain nonpublic school in a certain manner under certain 10
28	28	circumstances; requiring a county superintendent to provide a certain notice to the 11
29	29	Maryland Center for School Safety and the State Board under certain circumstances; 12
30	30	and generally relating to reporting arrests of students attending public and 13
31	31	nonpublic schools in the State. 14
32	32
33	33	BY repealing and reenacting, with amendments, 15
34	34	Article – Education 16
35	35	Section 7–303 17
36	36	Annotated Code of Maryland 18
37	37	(2022 Replacement Volume) 19
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
40	40	That the Laws of Maryland read as follows: 21
41	41
42	42	Article – Education 22
43	43
44	44	7–303. 23
45	45
46	46	(a) (1) In this section the following words have the meanings indicated. 24
47	47
48	48	(2) “Criminal organization” has the meaning stated in § 9–801 of the 25 2 HOUSE BILL 203
49	49
50	50
51	51	Criminal Law Article. 1
52	52
53	53	(3) “Law enforcement agency” means the law enforcement agencies listed 2
54	54	in § 3–101(e) of the Public Safety Article. 3
55	55
56	56	(4) “Local school system” means the schools and school programs under the 4
57	57	supervision of the local superintendent. 5
58	58
59	59	(5) “Local superintendent” means: 6
60	60
61	61	(i) The county superintendent, for the county in which a student is 7
62	62	enrolled, or a designee of the superintendent, who is an administrator; or 8
63	63
64	64	(ii) The superintendent of schools for the: 9
65	65
66	66	1. Archdiocese of Baltimore; 10
67	67
68	68	2. Archdiocese of Washington; and 11
69	69
70	70	3. Catholic Diocese of Wilmington. 12
71	71
72	72	(6) “Reportable offense” means an offense that: 13
73	73
74	74	(i) Occurred off school premises; 14
75	75
76	76	(ii) Did not occur at an event sponsored by the school; and 15
77	77
78	78	(iii) Involved any of the following: 16
79	79
80	80	1. A crime of violence, as defined in § 14–101 of the Criminal 17
81	81	Law Article; 18
82	82
83	83	2. Any of the offenses enumerated in § 3–8A–03(e)(4) of the 19
84	84	Courts Article; 20
85	85
86	86	3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 21
87	87	Criminal Law Article; 22
88	88
89	89	4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 23
90	90	§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 24
91	91	or § 5–628 of the Criminal Law Article; 25
92	92
93	93	5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 26
94	94	Law Article; 27
95	95
96	96	6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 28
97	97	Criminal Law Article; 29 HOUSE BILL 203 3
98	98
99	99
100	100
101	101	7. A violation of § 9–802 or § 9–803 of the Criminal Law 1
102	102	Article; 2
103	103
104	104	8. A violation of § 3–203 of the Criminal Law Article; 3
105	105
106	106	9. A violation of § 6–301 of the Criminal Law Article; 4
107	107
108	108	10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 5
109	109	Law Article; 6
110	110
111	111	11. A violation of § 7–105 of the Criminal Law Article; 7
112	112
113	113	12. A violation of § 6–202 of the Criminal Law Article; or 8
114	114
115	115	13. A violation of § 10–606 of the Criminal Law Article. 9
116	116
117	117	(7) “School principal” means the principal of the public or nonpublic school 10
118	118	in which a student is enrolled, or a designee of the principal, who is an administrator. 11
119	119
120	120	(8) (i) “School security officer” includes a school principal, another 12
121	121	school administrator, a law enforcement officer, or other individual employed by a local 13
122	122	school system or a local government who is designated by the county superintendent or a 14
123	123	school principal to help maintain the security and safety of a school. 15
124	124
125	125	(ii) “School security officer” does not include a teacher. 16
126	126
127	127	(9) “Student” means an individual enrolled in a public school system or 17
128	128	nonpublic school in the State who is 5 years of age or older and under 22 years of age. 18
129	129
130	130	(b) If a student is arrested for a reportable offense or an offense that is related to 19
131	131	the student’s membership in a criminal organization, the law enforcement agency making 20
132	132	the arrest[: 21
133	133
134	134	(1) Shall] SHALL notify the following [individuals] PERSONS of the arrest 22
135	135	and the charges within 24 hours of the arrest or as soon as practicable: 23
136	136
137	137	[(i)] (1) The local superintendent; 24
138	138
139	139	[(ii)] (2) The school principal; [and] 25
140	140
141	141	[(iii)] (3) For a school that has a school security officer, the school 26
142	142	security officer; [and] 27
143	143
144	144	(4) THE MARYLAND CENTER FOR SCHOOL SAFETY; 28
145	145	4 HOUSE BILL 203
146	146
147	147
148	148	(5) THE STATE BOARD; AND 1
149	149
150	150	[(2)] (6) [May notify the] THE State’s Attorney [of the arrest and 2
151	151	charges]. 3
152	152
153	153	(c) The State’s Attorney shall promptly notify [either] the local superintendent 4
154	154	[or], the school principal, THE MARYLAND CENTER FOR SCHOOL SAFETY, AND THE 5
155	155	STATE BOARD of the disposition of the reportable offense required to be reported under 6
156	156	subsection (b) of this section. 7
157	157
158	158	(d) Except by order of a juvenile court or other court upon good cause shown, the 8
159	159	information obtained by [an individual] A PERSON pursuant to subsections (b) and (c) of 9
160	160	this section: 10
161	161
162	162	(1) Is confidential and may not be redisclosed by subpoena or otherwise 11
163	163	except as provided pursuant to subsections (e) [and], (f), AND (G) of this section; and 12
164	164
165	165	(2) May not be made part of the student’s permanent educational record. 13
166	166
167	167	(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 14
168	168	shall prohibit a local superintendent [or], A school principal, THE MARYLAND CENTER 15
169	169	FOR SCHOOL SAFETY, OR THE STATE BOARD from transmitting the information 16
170	170	obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local 17
171	171	superintendent of another public school system in the State or another nonpublic school in 18
172	172	the State in which the student has enrolled or been transferred in order to carry out the 19
173	173	purposes of this section if the disposition of the reportable offense was a conviction or an 20
174	174	adjudication of delinquency or the criminal charge or delinquency petition is still pending. 21
175	175
176	176	(2) A local superintendent or school principal who transmits information 22
177	177	about a student under this subsection shall include in the transmittal information 23
178	178	regarding any educational programming and related services provided to the student. 24
179	179
180	180	(F) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (D) OF THIS 25
181	181	SECTION, A LOCAL SUPERIN TENDENT SHALL NOTIFY THE MARYLAND CENTER FOR 26
182	182	SCHOOL SAFETY AND THE STATE BOARD WHEN A STUDENT WHOSE INFORMATION 27
183	183	HAS BEEN OBTAINED UN DER SUBSECTION (B) OF THIS SECTION NO L ONGER RESIDES 28
184	184	WITHIN THE JURISDICT ION OF THE COUNTY BO ARD. 29
185	185
186	186	[(f)] (G) The State Board shall adopt regulations to ensure that information 30
187	187	obtained by a local superintendent, a school principal, [or] a school security officer, THE 31
188	188	MARYLAND CENTER FOR SCHOOL SAFETY, OR THE STATE BOARD under subsections 32
189	189	(b), (c), [and] (e), AND (F) of this section is: 33
190	190
191	191	(1) Used to provide appropriate educational programming and related 34
192	192	services to the student and to maintain a safe and secure school environment for students 35 HOUSE BILL 203 5
193	193
194	194
195	195	and school personnel; 1
196	196
197	197	(2) Transmitted only to school personnel of the school in which the student 2
198	198	is enrolled, THE MARYLAND CENTER FOR SCHOOL SAFETY, OR THE STATE BOARD as 3
199	199	necessary to carry out the purposes set forth in item (1) of this subsection; and 4
200	200
201	201	(3) Destroyed when the student graduates or otherwise permanently 5
202	202	leaves school or turns 22 years old, whichever occurs first. 6
203	203
204	204	[(g)] (H) (1) Except as otherwise provided in paragraph (2) of this subsection, 7
205	205	the local superintendent and the school principal shall consider prohibiting a student who 8
206	206	is arrested for a reportable offense involving rape or a sexual offense from attending the 9
207	207	same school or riding on the same school bus as the alleged victim of the reportable offense 10
208	208	if such action is necessary or appropriate to protect the physical or psychological well–being 11
209	209	of the alleged victim. 12
210	210
211	211	(2) If a student is arrested for a reportable offense involving rape or a 13
212	212	sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 14
213	213	the student may not attend the same school or ride on the same school bus as the victim. 15
214	214
215	215	[(h)] (I) Nothing in this section is intended to limit the manner in which a local 16
216	216	school obtains information or uses information obtained by any lawful means other than 17
217	217	that set forth in subsections (b), (c), [and] (e), AND (F) of this section. 18
218	218
219	219	[(i)] (J) Each public school that enrolls students in grades six through twelve in 19
220	220	the State shall designate at least one school security officer. 20
221	221
222	222	[(j)] (K) (1) On or before December 30 each year, the Department, in 21
223	223	accordance with State and federal privacy laws, shall submit to the Governor and, in 22
224	224	accordance with § 2–1257 of the State Government Article, the General Assembly a report 23
225	225	that includes the following information about each reportable offense for which a local 24
226	226	school received information under subsection (b) of this section in the preceding school year: 25
227	227
228	228	(i) The nature of the reportable offense; 26
229	229
230	230	(ii) Verification that the offense occurred off school premises; 27
231	231
232	232	(iii) Action taken by the local school and county board after being 28
233	233	notified of the reportable offense; 29
234	234
235	235	(iv) The race, ethnicity, gender, and disability status of the student 30
236	236	arrested for the reportable offense; 31
237	237
238	238	(v) The grade of the student arrested for the reportable offense; 32
239	239
240	240	(vi) The regular school program of the student arrested for the 33 6 HOUSE BILL 203
241	241
242	242
243	243	reportable offense; 1
244	244
245	245	(vii) Whether the student’s regular school program was altered as a 2
246	246	result of the reportable offense; 3
247	247
248	248	(viii) If the student was removed from the student’s regular school 4
249	249	program as a result of the reportable offense: 5
250	250
251	251	1. The amount of time during which the student was 6
252	252	removed; and 7
253	253
254	254	2. The student’s placement and educational programming 8
255	255	during the period of removal; and 9
256	256
257	257	(ix) If removed from the student’s regular school program, the 10
258	258	student’s academic performance during the time period the student was removed, including 11
259	259	attendance, grades, and standardized test scores, and any additional disciplinary actions. 12
260	260
261	261	(2) Each county board and public school shall provide the Department with 13
262	262	any information necessary to issue its report in accordance with this section. 14
263	263
264	264	[(k)] (L) If a student is removed or excluded from the student’s regular school 15
265	265	program for a reportable offense, the principal or county superintendent shall invite the 16
266	266	student’s attorney, if the student has an attorney, to participate in the conference between 17
267	267	the student or the student’s parent or guardian and the principal or county superintendent, 18
268	268	and the manifestation determination review, if applicable. 19
269	269
270	270	SECTION 2. AND BE I T FURTHER ENACTED, That this Act is an emergency 20
271	271	measure, is necessary for the immediate preservation of the public health or safety, has 21
272	272	been passed by a yea and nay vote supported by three–fifths of all the members elected to 22
273	273	each of the two Houses of the General Assembly, and shall take effect from the date it is 23
274	274	enacted. 24