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. *hb1204* HOUSE BILL 1204 F1 5lr2731 By: Delegates Patterson, Hill, Kaufman, McComas, Schindler, and Turner Turner, Atterbeary, Ebersole, Feldmark, Griffith, Mireku–North, Palakovich Carr, Roberts, Wells, Wims, and Wu Introduced and read first time: February 6, 2025 Assigned to: Ways and Means Committee Report: Favorable with amendments House action: Adopted Read second time: March 6, 2025 CHAPTER ______ AN ACT concerning 1 Public and Nonpublic Schools – Student Elopement – Notice and Reporting 2 Requirements 3 (Ace’s Law) 4 FOR the purpose of requiring certain public and nonpublic schools to notify a parent or 5 guardian if a student attempts or accomplishes an elopement from the school campus 6 except under certain circumstances; establishing certain reporting requirements for 7 certain public and nonpublic schools and the State Department of Education 8 regarding incidents of student elopement from school; requiring the Department to 9 develop a certain accountability system; requiring certain schools and individualized 10 education program teams to review and address with relevant stakeholders certain 11 behavior in updating a student’s individualized education program or behavior 12 intervention plan; and generally relating to student elopement and public and 13 nonpublic schools. 14 BY adding to 15 Article – Education 16 Section 7–11A–01 through 7–11A–07 7–11A–03 to be under the new subtitle 17 “Subtitle 11A. Student Elopement From School” 18 Annotated Code of Maryland 19 (2022 Replacement Volume and 2024 Supplement) 20 2 HOUSE BILL 1204 SECTION 1. BE IT ENACTED BY THE GENERA L ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Education 3 SUBTITLE 11A. STUDENT ELOPEMENT FROM SCHOOL. 4 7–11A–01. 5 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6 INDICATED. 7 (B) “BEHAVIOR INTERVENTION PLAN” HAS THE MEANING STAT ED IN § 8 7–1101 OF THIS TITLE. 9 (C) “ELOPEMENT” MEANS THE ACT OF A S TUDENT LEAVING THE S CHOOL 10 CAMPUS WITHOUT THE P ERMISSION OF A SCHOO L STAFF MEMBER WHO H AS 11 RESPONSIBILITY FOR T HE STUDENT. 12 (D) “IEP” MEANS AN INDIVIDUALIZED ED UCATION PROGRAM AS D EFINED 13 UNDER THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 14 (E) “NONPUBLIC SCHOOL ” HAS THE MEANING STAT ED IN § 7–1101 OF THIS 15 TITLE. 16 (F) “SCHOOL” MEANS: 17 (1) A PUBLIC ELEMENTARY , MIDDLE, OR HIGH SCHOOL; 18 (2) THE MARYLAND SCHOOL FOR THE BLIND; 19 (3) THE MARYLAND SCHOOL FOR THE DEAF; AND 20 (4) A NONPUBLIC SCHOOL . 21 (G) “SCHOOL CAMPUS ” MEANS THE BUILDINGS AND GROUNDS OF A 22 SCHOOL, INCLUDING A PLAYGROU ND. 23 (H) (1) “WANDERING” MEANS THE ACT OF A S TUDENT LEAVING A 24 CLASSROOM OR AREA ON THE SCHOOL CAMPUS , BUT NOT LEAVING THE SCHOOL 25 CAMPUS, WITHOUT THE PERMISSI ON OF A SCHOOL STAFF MEMBER WHO HAS 26 RESPONSIBILITY FOR T HE STUDENT. 27 (2) “WANDERING” DOES NOT INCLUDE A S TUDENT LEAVING A 28 CLASSROOM OR AREA ON THE SCHOOL CAMPUS UN DER A FLASH PASS OR ANOTHER 29 HOUSE BILL 1204 3 STANDING ARRANGEMENT THAT HAS BEEN APPROV ED BY A SCHOOL 1 ADMINISTRATOR . 2 7–11A–02. 3 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH EACH 4 TIME A STUDENT ATTEM PTS OR ACCOMPLISHES AN ELOPEMENT , THE SCHOOL 5 SHALL NOTIFY THE STU DENT’S PARENT OR GUARDIAN WITHIN 24 HOURS OF THE 6 ELOPEMENT INCIDENT ON THE SAME DAY AS T HE ELOPEMENT INCIDEN T. 7 (B) (1) A SCHOOL IS NOT REQUIR ED TO PROVIDE THE NO TICE UNDER 8 SUBSECTION (A) OF THIS SECTION TO T HE PARENT OR GUARDIA N OF A STUDENT 9 WHO HAS AN IEP OR A BEHAVIOR INTERV ENTION PLAN THAT INC LUDES MEASURES 10 FOR RESPONDING TO AN INCIDENT OF WANDERIN G OR ELOPEMENT BEHAV IOR BY 11 THE STUDENT . 12 (2) AT LEAST ONE TIME EACH YEAR, A SCHOOL OR A STUDEN T’S IEP 13 TEAM SHALL REVIEW AN D ADDRESS WITH RELEV ANT STAKEHOLDERS A S TUDENT’S 14 WANDERING OR ELOPEME NT BEHAVIOR IN UPDAT ING THE STUDENT ’S IEP OR 15 BEHAVIOR INTERVENTIO N PLAN. 16 7–11A–03. 17 (A) ON OR BEFORE AUGUST 1, 2026, AND EACH AUGUST 1 THEREAFTER , 18 EACH PUBLIC SCHOOL S HALL SUBMIT TO THE C OUNTY BOARD A REPORT FOR THE 19 PRIOR SCHOOL YEAR ON : 20 (1) THE NUMBER OF ELOPEME NT INCIDENTS, DISAGGREGATED BY 21 JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; 22 (2) THE NUMB ER OF ELOPEMENT INCI DENTS FOR EACH STUDE NT 23 WHO HAD AT LEAST ONE ELOPEMENT INCIDENT , DISAGGREGATED BY 24 JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; AND 25 (3) THE STEPS TAKEN BY TH E SCHOOL TO REDUCE T HE NUMBER OF 26 ELOPEMENT INCIDENTS AND TO ENCOURAGE POSI TIVE BEHAVIORAL 27 INTERVENTIONS , INCLUDING A DESCRIPT ION OF: 28 (I) THE PROFESSIONAL DEVE LOPMENT PROVIDED TO 29 DESIGNATED SCHOOL PE RSONNEL ON IDENTIFIC ATION OF WANDERING O R 30 ELOPEMENT BEHAVIOR I N STUDENTS, INCLUDING ANTECEDENT S TO WANDERING 31 OR ELOPEMENT BEHAVIO R, AND POSITIVE BEHAVIO RAL INTERVENTIONS US ED TO 32 ADDRESS WANDERING AN D ELOPEMENT BEHAVIOR ; AND 33 4 HOUSE BILL 1204 (II) THE POLICY CHANGES MA DE OR NEW PROFESSION AL 1 DEVELOPMENT OPPORTUN ITIES OFFERED THAT W ERE DESIGNED TO PROM OTE 2 POSITIVE BEHAVIORAL INTERVENTIONS AND REDUC E INCIDENTS OF WANDE RING 3 AND ELOPEMENT BEHAVI ORS IN THE UPCOMING SCHOOL YEAR . 4 (B) (1) A COUNTY BOARD SHALL V ERIFY THE ACCURACY O F A REPORT 5 FROM A SCHOOL THAT R EPORTS ZERO ELOPEMEN T INCIDENTS UNDER SU BSECTION 6 (A) OF THIS SECTION. 7 (2) IF A COUNTY BOARD IS UNABLE TO VERIFY THE ACCURACY OF A 8 REPORT SUBMITTED BY A SCHOOL UNDER SUBSE CTION (A) OF THIS SECTION , THE 9 COUNTY BOARD SHALL M AKE RECOMMENDATIONS TO THE SCHOOL FOR 10 IMPROVEMENTS IN DATA COLLECTION AND POSIT IVE BEHAVIORAL INTER VENTIONS 11 AT THE SCHOOL . 12 (C) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , 13 EACH COUNTY BOARD SH ALL SUBMIT TO THE DEPARTMENT A REPORT T HAT 14 COMPILES THE INFORMA TION REPORTED UNDER SUBSECTION (A) OF THIS SECTION. 15 7–11A–04. 16 (A) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , 17 THE MARYLAND SCHOOL FOR THE BLIND, THE MARYLAND SCHOOL FOR THE DEAF, 18 AND EACH NONPUBLIC S CHOOL SHALL SUBMIT T O THE DEPARTMENT A REPORT F OR 19 THE PRIOR SCHOOL YEA R ON: 20 (1) THE NUMBER OF ELOPEME NT INCIDENTS, DISAGGREGATED BY 21 JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMEN T; 22 (2) THE NUMBER OF ELOPEME NT INCIDENTS FOR EAC H STUDENT 23 WHO HAD AT LEAST ONE ELOPEMENT INCIDENT , DISAGGREGATED BY 24 JURISDICTION, DISABILITY, RACE, GENDER, AGE, AND TYPE OF PLACEMENT ; AND 25 (3) THE STEPS TAKEN BY TH E SCHOOL TO REDUCE T HE NUMBER OF 26 ELOPEMENT INCIDENTS AND TO ENCOURAGE POS ITIVE BEHAVIORAL 27 INTERVENTIONS , INCLUDING A DESCRIPT ION OF: 28 (I) THE PROFESSIONAL DEVE LOPMENT PROVIDED TO 29 DESIGNATED SCHOOL PE RSONNEL ON IDENTIFICATION OF WANDERING OR 30 ELOPEMENT BEHAVIOR I N STUDENTS, INCLUDING ANTECEDENT S TO WANDERING 31 OR ELOPEMENT BEHAVIO R, AND POSITIVE BEHAVIO RAL INTERVENTIONS US ED TO 32 ADDRESS WANDERING AN D ELOPEMENT BEHAVIOR ; AND 33 HOUSE BILL 1204 5 (II) THE POLICY CHANGES MA DE OR NEW PROFESSIONAL 1 DEVELOPMENT OPPORTUN ITIES OFFERED THAT W ERE DESIGNED TO PROM OTE 2 POSITIVE BEHAVIORAL INTERVENTIONS AND RE DUCE INCIDENTS OF WA NDERING 3 AND ELOPEMENT BEHAVI ORS IN THE UPCOMING SCHOOL YEAR . 4 (B) (1) THE DEPARTMENT SHALL VERI FY THE ACCURACY OF A REPORT 5 FROM A SCHOOL THAT R EPORTS ZERO ELOPEMEN T INCIDENTS UNDER SU BSECTION 6 (A) OF THIS SECTION. 7 (2) IF THE DEPARTMENT IS UNABLE TO VERIFY THE ACCURA CY OF A 8 REPORT SUBMITTED BY A SCHOOL UNDER SUBSE CTION (A) OF THIS SECTION , THE 9 DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE SCHOOL FOR 10 IMPROVEMENTS IN DATA COLLECTION AND POSIT IVE BEHAVIORAL INTER VENTIONS 11 AT THE SCHOOL . 12 7–11A–05. 13 (A) WHEN DETERMINING THE NUMBER OF ELOPEMENT INCIDENTS FOR A 14 REPORT REQUIRED UNDE R §§ 7–11A–03 AND 7–11A–04 OF THIS SUBTITLE : 15 (1) AN ELOPEMENT INCIDENT IS A SINGLE ATTEMPTE D OR 16 ACCOMPLISHED ELOPEME NT; 17 (2) AN ELOPEMENT INCIDENT SHALL BE CONSIDERED ENDED IF AT 18 ANY TIME DURING THE INCIDENT THE STUDENT IS NO LONGER ATTEMPT ING TO 19 LEAVE THE SCHOOL CAM PUS; AND 20 (3) IF A STUDENT RETURNS TO THE SCHOO L CAMPUS AFTER AN 21 ACCOMPLISHED ELOPEME NT, ANY SUBSEQUENT ATTEM PTED OR ACCOMPLISHED 22 ELOPEMENT BY THE STU DENT SHALL BE COUNTE D AS A SEPARATE ELOP EMENT 23 INCIDENT. 24 (B) THE DEPARTMENT SHALL : 25 (1) PROVIDE GUIDANCE TO S CHOOLS REGARDING DAT A COLLECTION 26 AND COMPLIANCE WITH REPORTING REQUIREMEN TS UNDER THIS SUBTIT LE; 27 (2) DEVELOP AN ACCOUNTABI LITY SYSTEM TO ENSUR E COMPLIANCE 28 BY SCHOOLS WITH THE REQUIREMENTS OF THIS SUBTITLE AND ANY REG ULATIONS 29 ADOPTED BY THE DEPARTMENT TO IMPLEME NT THIS SUBTITLE; AND 30 (3) ANALYZE THE DATA AND INFORMATION COLLECTE D UNDER THIS 31 SUBTITLE TO DETERMIN E TRENDS AND PATTERN S. 32 6 HOUSE BILL 1204 (C) (1) ON OR BEFORE DECEMBER 1, 2026, AND EACH DECEMBER 1 1 THEREAFTER , THE DEPARTMENT SHALL SUBM IT TO THE GENERAL ASSEMBLY, IN 2 ACCORDANCE WIT H § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A REPORT ON 3 STUDENT ELOPEMENT US ING THE INFORMATION REPORTED TO THE DEPARTMENT 4 UNDER §§ 7–11A–03 AND 7–11A–04 OF THIS SUBTITLE FOR THE PRIOR SCHOOL 5 YEAR. 6 (2) IN THE REPORT REQUIRE D UNDER PARAGRAPH (1) OF THIS 7 SUBSECTION, THE DEPARTMENT SHALL PROV IDE THE DATA: 8 (I) BY SCHOOL, SUBJECT TO STATE AND FEDERAL PRI VACY 9 LAWS; AND 10 (II) IN A MANNER THAT ACCO UNTS FOR VARIATION I N 11 ENROLLMENT BETWEEN S CHOOLS. 12 (D) WITHIN 30 DAYS AFTER SUBMITTIN G THE REPORT UNDER S UBSECTION 13 (C) OF THIS SECTION , THE DEPARTMENT SHALL PUBL ISH THE REPORT ON IT S 14 WEBSITE. 15 7–11A–06. 16 A SCHOOL OR A COUNTY B OARD SHALL SUBMIT A SYSTEMIC, 17 EVIDENCE–BASED CORRECTIVE ACT ION PLAN TO THE DEPARTMENT IF THE 18 SCHOOL: 19 (1) FAILS TO COMPLY WITH ANY PROVISION OF THIS SU BTITLE; OR 20 (2) REPORTS TO THE DEPARTMENT THAT A STU DENT HAS 21 ATTEMPTED OR ACCOMPL ISHED ELOPEMENT 10 TIMES OR MORE IN A S CHOOL YEAR 22 UNDER § 7–11A–03 OR § 7–11A–04 OF THIS SUBTITLE . 23 7–11A–07. 24 (A) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMPLE MENT THE 25 PROVISIONS OF THIS S UBTITLE. 26 (B) A SCHOOL SHALL DEVELOP POLICIES AND PROCEDU RES TO IMPLEMENT 27 THE REQUIREMENTS OF THIS SUBTITLE. 28 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29 1, 2025. 30