EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1204*
HOUSE BILL 1204
F1 5lr2731
By: Delegates Patterson, Hill, Kaufman, McComas, Schindler, and Turner
Introduced and read first time: February 6, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public and Nonpublic Schools – Student Elopement – Notice and Reporting 2
Requirements 3
FOR the purpose of requiring certain public and nonpublic schools to notify a parent or 4
guardian if a student attempts or accomplishes an elopement from the school campus 5
except under certain circumstances; establishing certain reporting requirements for 6
certain public and nonpublic schools and the State Department of Education 7
regarding incidents of student elopement from school; requiring the Department to 8
develop a certain accountability system; and generally relating to student elopement 9
and public and nonpublic schools. 10
BY adding to 11
Article – Education 12
Section 7–11A–01 through 7–11A–07 to be under the new subtitle “Subtitle 11A. 13
Student Elopement From School” 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
SUBTITLE 11A. STUDENT ELOPEMENT FROM SCHOOL. 20
7–11A–01. 21
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
2 HOUSE BILL 1204
(B) “BEHAVIOR INTERVENTION PLAN” HAS THE MEANING STAT ED IN § 1
7–1101 OF THIS TITLE. 2
(C) “ELOPEMENT” MEANS THE ACT OF A S TUDENT LEAVING THE SCHOOL 3
CAMPUS WITHOUT THE PERMISSION OF A SCHOOL STAFF MEMBER WHO HAS 4
RESPONSIBILITY FOR T HE STUDENT. 5
(D) “IEP” MEANS AN INDIVIDUALIZED EDUCA TION PROGRAM AS DEFINED 6
UNDER THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 7
(E) “NONPUBLIC SCHOOL ” HAS THE MEANING STAT ED IN § 7–1101 OF THIS 8
TITLE. 9
(F) “SCHOOL” MEANS: 10
(1) A PUBLIC ELEMENTARY , MIDDLE, OR HIGH SCHOOL ; 11
(2) THE MARYLAND SCHOOL FOR THE BLIND; 12
(3) THE MARYLAND SCHOOL FOR THE DEAF; AND 13
(4) A NONPUBLIC SCHOOL . 14
(G) “SCHOOL CAMPUS ” MEANS THE BUILDINGS AND GROUND S OF A 15
SCHOOL, INCLUDING A PLAYGROU ND. 16
(H) “WANDERING” MEANS THE ACT OF A S TUDENT LEAVING A CLA SSROOM 17
OR AREA ON THE SCHOO L CAMPUS, BUT NOT LEAVING THE SCHOOL CAMPUS , 18
WITHOUT THE PERMISSI ON OF A SCHOOL STAFF MEMBER WHO HAS RESPONSIBILITY 19
FOR THE STUDENT . 20
7–11A–02. 21
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH TIME 22
A STUDENT ATTEMPTS OR ACCOMPLISHES AN ELOPEMENT , THE SCHOOL SHALL 23
NOTIFY THE STUDENT ’S PARENT OR GUARDIAN WITHIN 24 HOURS OF THE 24
ELOPEMENT INCIDENT . 25
(B) (1) A SCHOOL IS NOT REQUIR ED TO PROVIDE THE NO TICE UNDER 26
SUBSECTION (A) OF THIS SECTION TO T HE PARENT OR GUARDIAN OF A STUDENT 27
WHO HAS AN IEP OR A BEHAVIOR INTERV ENTION PLAN THAT INC LUDES MEASURE S 28
FOR RESPONDING TO AN INCIDENT OF WANDERING OR ELOPEMENT BEHAVIOR BY 29
THE STUDENT . 30 HOUSE BILL 1204 3
(2) AT LEAST ONE TIME EAC H YEAR, A SCHOOL OR A STUDENT’S IEP 1
TEAM SHALL REVIEW AND ADDRESS WITH REL EVANT STAKEHOLDERS A STUDENT’S 2
WANDERING OR ELOPEMENT BEHAVIOR IN UPDATING THE STUDENT ’S IEP OR 3
BEHAVIOR INTERVENTIO N PLAN. 4
7–11A–03. 5
(A) ON OR BEFORE AUGUST 1, 2026, AND EACH AUGUST 1 THEREAFTER , 6
EACH PUBLIC SCHOOL SHALL SUBMIT TO THE COUNTY BOARD A REPORT FOR THE 7
PRIOR SCHOOL YEAR ON: 8
(1) THE NUMBER OF ELOPEME NT INCIDENTS, DISAGGREGATED BY 9
JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; 10
(2) THE NUMBER OF ELOPEME NT INCIDENTS FOR EAC H STUDENT 11
WHO HAD AT LEAST ONE ELOPEMENT INCIDENT, DISAGGREGATED BY 12
JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; AND 13
(3) THE STEPS TAKEN BY TH E SCHOOL TO REDUCE T HE NUMBER OF 14
ELOPEMENT INCIDENTS AND TO ENCOURAGE POS ITIVE BEHAVIORAL 15
INTERVENTIONS , INCLUDING A DESCRIPTION OF : 16
(I) THE PROFESSIONAL DEVE LOPMENT PROVIDED TO 17
DESIGNATED SCHOOL PE RSONNEL ON IDENTIFIC ATION OF WANDERING O R 18
ELOPEMENT BEHAVIOR I N STUDENTS, INCLUDING ANTECEDENT S TO WANDERING 19
OR ELOPEMENT BEHAVIO R, AND POSITIVE BEHAVIOR AL INTERVENTIONS USE D TO 20
ADDRESS WANDERING AN D ELOPEMENT BEHAVIOR ; AND 21
(II) THE POLICY CHANGES MA DE OR NEW PROFESSION AL 22
DEVELOPMENT OPPORTUN ITIES OFFERED THAT W ERE DESIGNED TO PROM OTE 23
POSITIVE BEHAVIORAL INTERVENTIONS AND RE DUCE INCIDENTS OF WANDERING 24
AND ELOPEMENT BEHAVI ORS IN THE UPCOMING SCHOOL YEAR . 25
(B) (1) A COUNTY BOARD SHALL V ERIFY THE ACCURACY O F A REPORT 26
FROM A SCHOOL THAT R EPORTS ZERO ELOPEMEN T INCIDENTS UNDER SU BSECTION 27
(A) OF THIS SECTION. 28
(2) IF A COUNTY BOARD IS UNABLE TO VERIFY THE A CCURACY OF A 29
REPORT SUBMITTED BY A SCHOOL UNDER SUBSE CTION (A) OF THIS SECTION , THE 30
COUNTY BOARD SHALL M AKE RECOMMENDATIONS TO THE SCHOOL FOR 31
IMPROVEMENTS IN DATA COLLECTION AND POSIT IVE BEHAVIORAL INTER VENTIONS 32
AT THE SCHOOL . 33 4 HOUSE BILL 1204
(C) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , 1
EACH COUNTY BOARD SH ALL SUBMIT TO THE DEPARTMENT A REPORT THAT 2
COMPILES THE INFORMA TION REPORTED UNDER SUBSECTION (A) OF THIS SECTION. 3
7–11A–04. 4
(A) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , 5
THE MARYLAND SCHOOL FOR THE BLIND, THE MARYLAND SCHOOL FOR THE DEAF, 6
AND EACH NONPUBLIC S CHOOL SHALL SUBMIT TO THE DEPARTMENT A REPORT F OR 7
THE PRIOR SCHOOL YEA R ON: 8
(1) THE NUMBER OF ELOPEME NT INCIDENTS, DISAGGREGATED BY 9
JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; 10
(2) THE NUMBER OF ELOPEME NT INCIDENTS FOR EAC H STUDENT 11
WHO HAD AT LEAST ONE ELOPEMENT INCIDENT , DISAGGREGATED BY 12
JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; AND 13
(3) THE STEPS TAKEN BY TH E SCHOOL TO REDUCE T HE NUMBER OF 14
ELOPEMENT INCIDENTS AND TO ENCOURAGE POS ITIVE BEHAVIORAL 15
INTERVENTIONS , INCLUDING A DESCRIPT ION OF: 16
(I) THE PROFESSIONAL DEVE LOPMENT PROVIDED TO 17
DESIGNATED SCHOOL PE RSONNEL ON IDENTIFIC ATION OF WANDE RING OR 18
ELOPEMENT BEHAVIOR I N STUDENTS, INCLUDING ANTECEDENT S TO WANDERING 19
OR ELOPEMENT BEHAVIO R, AND POSITIVE BEHAVIO RAL INTERVENTIONS US ED TO 20
ADDRESS WANDERING AN D ELOPEMENT BEHAVIOR ; AND 21
(II) THE POLICY CHANGES MA DE OR NEW PROFESSION AL 22
DEVELOPMENT O PPORTUNITIES OFFERED THAT WERE DESIGNED T O PROMOTE 23
POSITIVE BEHAVIORAL INTERVENTIONS AND RE DUCE INCIDENTS OF WA NDERING 24
AND ELOPEMENT BEHAVI ORS IN THE UPCOMING SCHOOL YEAR . 25
(B) (1) THE DEPARTMENT SHALL VERI FY THE ACCURACY OF A REPORT 26
FROM A SCHOOL THAT REPORTS ZERO ELOPEME NT INCIDENTS UNDER S UBSECTION 27
(A) OF THIS SECTION. 28
(2) IF THE DEPARTMENT IS UNABLE TO VERIFY THE ACCURA CY OF A 29
REPORT SUBMITTED BY A SCHOOL UNDER SUBSE CTION (A) OF THIS SECTION , THE 30
DEPARTMENT SHALL MAKE RECOMMENDATIONS TO T HE SCHOOL FOR 31
IMPROVEMENTS IN DATA COLLECTION AND POSIT IVE BEHAVIORAL INTER VENTIONS 32
AT THE SCHOOL . 33 HOUSE BILL 1204 5
7–11A–05. 1
(A) WHEN DETERMINING THE NUMBER OF ELOPEMENT INCIDENTS FOR A 2
REPORT REQUIRED UNDE R §§ 7–11A–03 AND 7–11A–04 OF THIS SUBTITLE : 3
(1) AN ELOPEMENT INCIDENT IS A SINGLE ATTEMPTED OR 4
ACCOMPLISHED ELOPEME NT; 5
(2) AN ELOPEMENT INCIDENT SHALL BE CONSIDERED ENDED IF AT 6
ANY TIME DURING THE INCIDENT THE STUDENT IS NO LONGER ATTEMPT ING TO 7
LEAVE THE SCHOOL CAM PUS; AND 8
(3) IF A STUDENT RETURNS TO THE SCHOO L CAMPUS AFTER AN 9
ACCOMPLISHED ELOPEME NT, ANY SUBSEQUENT ATTEM PTED OR ACCOMPLISHED 10
ELOPEMENT BY THE STU DENT SHALL BE COUNTE D AS A SEPARATE ELOP EMENT 11
INCIDENT. 12
(B) THE DEPARTMENT SHALL : 13
(1) PROVIDE GUIDANCE TO S CHOOLS REGARDING DAT A COLLECTION 14
AND COMPLIANCE WITH REPORTING REQUIREMEN TS UNDER THIS SUBTITLE ; 15
(2) DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE COMPLIANCE 16
BY SCHOOLS WITH THE REQUIREMENTS OF THIS SUBTITLE AND ANY REG ULATIONS 17
ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS SU BTITLE; AND 18
(3) ANALYZE THE DATA AND INFORMATION COLLECTE D UNDER THIS 19
SUBTITLE TO DETERMINE TRENDS AND PATTERNS . 20
(C) (1) ON OR BEFORE DECEMBER 1, 2026, AND EACH DECEMBER 1 21
THEREAFTER , THE DEPARTMENT SHALL SUBM IT TO THE GENERAL ASSEMBLY, IN 22
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A REPORT ON 23
STUDENT ELOPEMENT USING THE INFORMATION REPORTED TO THE DEPARTMENT 24
UNDER §§ 7–11A–03 AND 7–11A–04 OF THIS SUBTITLE FOR THE PRIOR SCHOOL 25
YEAR. 26
(2) IN THE REPORT REQUIRE D UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION, THE DEPARTMENT SHALL PROV IDE THE DATA: 28
(I) BY SCHOOL, SUBJECT TO STATE AND FEDERAL PRI VACY 29
LAWS; AND 30
6 HOUSE BILL 1204
(II) IN A MANNER THAT ACCO UNTS FOR VARIATION I N 1
ENROLLMENT BETWEEN S CHOOLS. 2
(D) WITHIN 30 DAYS AFTER SUBMITTIN G THE REPORT UNDER SUBSECTION 3
(C) OF THIS SECTION , THE DEPARTMENT SHALL PUBLISH THE REPORT O N ITS 4
WEBSITE. 5
7–11A–06. 6
A SCHOOL OR A COUNTY B OARD SHALL SUBMIT A SYSTE MIC, 7
EVIDENCE–BASED CORRECTIVE ACT ION PLAN TO THE DEPARTMENT IF THE 8
SCHOOL: 9
(1) FAILS TO COMPLY WITH ANY PROVISION O F THIS SUBTITLE; OR 10
(2) REPORTS TO THE DEPARTMENT THAT A STU DENT HAS 11
ATTEMPTED OR ACCOMPLISHED ELOPEMENT 10 TIMES OR MORE IN A S CHOOL YEAR 12
UNDER § 7–11A–03 OR § 7–11A–04 OF THIS SUBTITLE. 13
7–11A–07. 14
(A) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THE 15
PROVISIONS OF THIS SUBTITLE. 16
(B) A SCHOOL SHALL DEVELOP POLICIES AND PROCEDU RES TO IMPLEMENT 17
THE REQUIREMENTS OF THIS SUBTITLE. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2025. 20