Maryland 2024 Regular Session

Maryland House Bill HB1400 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1400*
66
77 HOUSE BILL 1400
88 F1 4lr3057
99 CF SB 1032
1010 By: Delegates Tomlinson, Alston, Amprey, Anderton, Bouchat, Edelson,
1111 Hornberger, Miller, M. Morgan, and Rose
1212 Introduced and read first time: February 9, 2024
1313 Assigned to: Ways and Means
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Public Schools – Student Use of Force – Authorization 2
2020
2121 FOR the purpose of authorizing a student to take reasonable action necessary to prevent 3
2222 violence on school premises or on a school–sponsored trip; authorizing a student to 4
2323 use reasonable force necessary to protect themselves or escape an attack under 5
2424 certain circumstances; requiring the principal or school administration to investigate 6
2525 each student use of force incident; prohibiting a school employee from disciplining a 7
2626 student under certain circumstances; and generally relating to student use of force 8
2727 incidents. 9
2828
2929 BY repealing and reenacting, with amendments, 10
3030 Article – Education 11
3131 Section 7–307(a) 12
3232 Annotated Code of Maryland 13
3333 (2022 Replacement Volume and 2023 Supplement) 14
3434
3535 BY adding to 15
3636 Article – Education 16
3737 Section 7–311 17
3838 Annotated Code of Maryland 18
3939 (2022 Replacement Volume and 2023 Supplement) 19
4040
4141 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
4242 That the Laws of Maryland read as follows: 21
4343
4444 Article – Education 22
4545
4646 7–307. 23
4747 2 HOUSE BILL 1400
4848
4949
5050 (a) (1) A principal, teacher, school security guard, STUDENT, or other school 1
5151 system personnel in any public school may take reasonable action necessary to prevent 2
5252 violence on school premises or on a school–sponsored trip, including intervening in a fight 3
5353 or physical struggle that takes place in his or her presence, whether the fight is among 4
5454 students or other individuals. 5
5555
5656 (2) The degree and force of the intervention may be as reasonably 6
5757 necessary to prevent violence, restore order and to protect the safety of the combatants and 7
5858 surrounding individuals. 8
5959
6060 7–311. 9
6161
6262 (A) A STUDENT WHO IS PHYSICALLY ATTACKED ON SCHOOL PROPERTY 10
6363 DURING SCHOOL HOURS MAY USE FORCE REASONABLY NECESSARY TO PROTECT 11
6464 THEMSELVES OR TO ESCAPE THE ATTACK. 12
6565
6666 (B) (1) THE PRINCIPAL OR SCHO OL ADMINISTRATION SH ALL 13
6767 INVESTIGATE EACH USE OF FORCE INCIDENT DE SCRIBED UNDER SUBSECTION (A) 14
6868 OF THIS SECTION. 15
6969
7070 (2) A SCHOOL EMPLOYEE MAY NOT DISCIPLINE A STUDENT WHO , 16
7171 AFTER THE INVESTIGAT ION REQUIRED UNDER P ARAGRAPH (1) OF THIS 17
7272 SUBSECTION, MORE LIKELY THAN NOT USED FORCE CONSISTENT WITH SUBS ECTION 18
7373 (A) OF THIS SECTION. 19
7474
7575 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
7676 1, 2024. 21