EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0615* HOUSE BILL 615 F1, F2, F5 4lr2105 HB 1114/23 – W&M CF SB 512 By: Delegates Ruth, Allen, Amprey, Bartlett, Charkoudian, Fair, Feldmark , Guyton, Hill, Lehman, R. Lewis, McCaskill, Mireku –North, Pasteur, Phillips, Simpson, Taveras, and Terrasa Introduced and read first time: January 25, 2024 Assigned to: Ways and Means Committee Report: Favorable House action: Adopted Read second time: February 24, 2024 CHAPTER ______ AN ACT concerning 1 Education – Prohibited Behavior on School Grounds and Proper ty – Application 2 FOR the purpose of specifying that provisions of law prohibiting and penalizing certain 3 disruptive and threatening behavior on certain school grounds and property do not 4 apply to students who commit offenses at the institution they attend or students who 5 commit offenses at another institution while participating in or attending a sporting 6 event or other extracurricular program sponsored at that institution; and generally 7 relating to the application of provisions of law that prohibit and penalize disruptive 8 and threatening behavior on school grounds and property. 9 BY repealing and reenacting, with amendments, 10 Article – Education 11 Section 26–101 12 Annotated Code of Maryland 13 (2022 Replacement Volume and 2023 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Education 17 26–101. 18 2 HOUSE BILL 615 (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 1 A PERSON WHO IS : 2 (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 3 ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 4 OR 5 (2) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 6 ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 7 ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR P ROGRAM 8 SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 9 (B) A person may not willfully disturb or otherwise willfully prevent the orderly 10 conduct of the activities, administration, or classes of any institution of elementary, 11 secondary, or higher education. 12 [(b)] (C) A person may not molest or threaten with bodily harm any student, 13 employee, administrator, agent, or any other individual who is lawfully: 14 (1) On the grounds or in the immediate vicinity of any institution of 15 elementary, secondary, or higher education; 16 (2) On a school vehicle; 17 (3) At an activity sponsored by a school that is held off school property; or 18 (4) On property that is owned by a county board and is used for 19 administrative or other purposes. 20 [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 21 person may not threaten with bodily harm any employee of any institution of elementary, 22 secondary, or higher education at home by any means, including in person, by telephone, 23 or by electronic mail. [This] 24 (2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 25 only to threats arising out of the scope of the employee’s employment. 26 [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 27 Criminal Law Article, on application by the governing board of any institution of 28 elementary, secondary, or higher education, the circuit court of the county in which the 29 institution is located may issue an injunction restraining any specific activities that violate 30 this section. 31 [(e)] (F) Any person who violates any provision of this section is guilty of a 32 misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 33 exceeding 6 months, or both. 34 HOUSE BILL 615 3 [(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 1 each county board of education, including the Baltimore City Board of School 2 Commissioners, shall report to the Department on the number of school disruptions in the 3 county in violation of this section for the immediately preceding school year. 4 (2) A county board shall report the information required under paragraph 5 (1) of this subsection in the following manner: 6 (i) The disruptions shall be sorted into the following categories: 7 1. Attendance; 8 2. Arson, fire, or explosives; 9 3. Dangerous substances; 10 4. Sex offenses; and 11 5. Attack with a weapon, threats, or fighting; and 12 (ii) Each incident of disruption shall be disaggregated by: 13 1. The race, ethnicity, disability status, and gender of the 14 individual; 15 2. The actions taken against an individual by the local school 16 or county board resulting from a violation, including suspensions of fewer than 10 days, 17 suspensions of 10 days or more, and expulsions; and 18 3. Referrals for prosecution. 19 (3) On or before February 1, 2023, and each February 1 thereafter, the 20 Department shall submit to the Maryland Center for School Safety and, in accordance with 21 § 2–1257 of the State Government Article, the General Assembly a report on incidents of 22 school disruptions in public schools in the State from a compilation of the reports submitted 23 to the Department under paragraph (1) of this subsection and disaggregated in the manner 24 required under paragraph (2) of this subsection. 25 (4) Each county board shall include information on school disruptions from 26 the 2018–2019 and 2019–2020 school years in its report to the Department for the report 27 due on December 1, 2022. 28 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29 1, 2024. 30