EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1400*
HOUSE BILL 1400
F1 4lr3057
CF SB 1032
By: Delegates Tomlinson, Alston, Amprey, Anderton, Bouchat, Edelson,
Hornberger, Miller, M. Morgan, and Rose
Introduced and read first time: February 9, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Student Use of Force – Authorization 2
FOR the purpose of authorizing a student to take reasonable action necessary to prevent 3
violence on school premises or on a school–sponsored trip; authorizing a student to 4
use reasonable force necessary to protect themselves or escape an attack under 5
certain circumstances; requiring the principal or school administration to investigate 6
each student use of force incident; prohibiting a school employee from disciplining a 7
student under certain circumstances; and generally relating to student use of force 8
incidents. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 7–307(a) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
BY adding to 15
Article – Education 16
Section 7–311 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
7–307. 23
2 HOUSE BILL 1400
(a) (1) A principal, teacher, school security guard, STUDENT, or other school 1
system personnel in any public school may take reasonable action necessary to prevent 2
violence on school premises or on a school–sponsored trip, including intervening in a fight 3
or physical struggle that takes place in his or her presence, whether the fight is among 4
students or other individuals. 5
(2) The degree and force of the intervention may be as reasonably 6
necessary to prevent violence, restore order and to protect the safety of the combatants and 7
surrounding individuals. 8
7–311. 9
(A) A STUDENT WHO IS PHYSICALLY ATTACKED ON SCHOOL PROPERTY 10
DURING SCHOOL HOURS MAY USE FORCE REASONABLY NECESSARY TO PROTECT 11
THEMSELVES OR TO ESCAPE THE ATTACK. 12
(B) (1) THE PRINCIPAL OR SCHO OL ADMINISTRATION SH ALL 13
INVESTIGATE EACH USE OF FORCE INCIDENT DE SCRIBED UNDER SUBSECTION (A) 14
OF THIS SECTION. 15
(2) A SCHOOL EMPLOYEE MAY NOT DISCIPLINE A STUDENT WHO , 16
AFTER THE INVESTIGAT ION REQUIRED UNDER P ARAGRAPH (1) OF THIS 17
SUBSECTION, MORE LIKELY THAN NOT USED FORCE CONSISTENT WITH SUBS ECTION 18
(A) OF THIS SECTION. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2024. 21