| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb1265* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1265 | |
| 11 | 8 | E3, F1 EMERGENCY BILL 5lr0439 | |
| 12 | 9 | CF 5lr0440 | |
| 13 | 10 | By: Chair, Ways and Means Committee and Chair, Judiciary Committee (By | |
| 14 | 11 | Request – Departmental – Juvenile Services) | |
| 15 | 12 | Introduced and read first time: February 7, 2025 | |
| 16 | 13 | Assigned to: Ways and Means and Judiciary | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 6, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Juveniles – Arrests for Reportable Offenses 2 | |
| 26 | - | Education – Reportable Offenses and Prohibited Behavior on School Grounds – 3 | |
| 27 | - | Alterations 4 | |
| 28 | 20 | ||
| 29 | - | FOR the purpose of altering the offenses that constitute “reportable offenses” that a law 5 | |
| 30 | - | enforcement agency must report to certain school personnel under certain 6 | |
| 31 | - | circumstances; altering certain provisions relating to the provision of notification to 7 | |
| 32 | - | certain school personnel of the arrest of a student for a certain reportable offense; 8 | |
| 33 | - | requiring the Department of Juvenile Services and the State Department of 9 | |
| 34 | - | Education to develop an operational protocol to guide the transmission of reportable 10 | |
| 35 | - | offense information; specifying that provisions of law prohibiting and penalizing 11 | |
| 36 | - | certain behavior on school grounds and property do not apply to certain students; 12 | |
| 37 | - | and generally relating to reportable offenses and prohibited behavior on school 13 | |
| 38 | - | grounds. 14 | |
| 21 | + | FOR the purpose of altering certain provisions relating to the provision of notification to 3 | |
| 22 | + | certain school personnel of the arrest of a student for a certain reportable offense; 4 | |
| 23 | + | requiring the Department of Juvenile Services and the State Department of 5 | |
| 24 | + | Education to develop an operational protocol to guide the transmission of reportable 6 | |
| 25 | + | offense information; and generally relating to reportable offenses. 7 | |
| 39 | 26 | ||
| 40 | - | BY repealing and reenacting, with amendments, | |
| 41 | - | Article – Education | |
| 42 | - | Section 7–303 | |
| 43 | - | Annotated Code of Maryland | |
| 44 | - | (2022 Replacement Volume and 2024 Supplement) | |
| 27 | + | BY repealing and reenacting, with amendments, 8 | |
| 28 | + | Article – Education 9 | |
| 29 | + | Section 7–303 10 | |
| 30 | + | Annotated Code of Maryland 11 | |
| 31 | + | (2022 Replacement Volume and 2024 Supplement) 12 | |
| 45 | 32 | ||
| 46 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 47 | - | That the Laws of Maryland read as follows: 21 | |
| 33 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 34 | + | That the Laws of Maryland read as follows: 14 | |
| 35 | + | ||
| 36 | + | Article – Education 15 | |
| 37 | + | ||
| 38 | + | 7–303. 16 | |
| 39 | + | ||
| 40 | + | (a) (1) In this section the following words have the meanings indicated. 17 | |
| 41 | + | ||
| 42 | + | (2) “Criminal organization” has the meaning stated in § 9–801 of the 18 | |
| 43 | + | Criminal Law Article. 19 | |
| 44 | + | ||
| 45 | + | (3) “Law enforcement agency” means the law enforcement agencies listed 20 | |
| 46 | + | in § 3–101(e) of the Public Safety Article. 21 | |
| 48 | 47 | 2 HOUSE BILL 1265 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Article – Education 1 | |
| 50 | + | (4) “Local school system” means the schools and school programs under the 1 | |
| 51 | + | supervision of the local superintendent. 2 | |
| 52 | 52 | ||
| 53 | - | ||
| 53 | + | (5) “Local superintendent” means: 3 | |
| 54 | 54 | ||
| 55 | - | (a) (1) In this section the following words have the meanings indicated. 3 | |
| 55 | + | (i) The county superintendent, for the county in which a student is 4 | |
| 56 | + | enrolled, or a designee of the superintendent, who is an administrator; or 5 | |
| 56 | 57 | ||
| 57 | - | (2) “Criminal organization” has the meaning stated in § 9–801 of the 4 | |
| 58 | - | Criminal Law Article. 5 | |
| 58 | + | (ii) The superintendent of schools for the: 6 | |
| 59 | 59 | ||
| 60 | - | (3) “Law enforcement agency” means the law enforcement agencies listed 6 | |
| 61 | - | in § 3–101(e) of the Public Safety Article. 7 | |
| 60 | + | 1. Archdiocese of Baltimore; 7 | |
| 62 | 61 | ||
| 63 | - | (4) “Local school system” means the schools and school programs under the 8 | |
| 64 | - | supervision of the local superintendent. 9 | |
| 62 | + | 2. Archdiocese of Washington; and 8 | |
| 65 | 63 | ||
| 66 | - | | |
| 64 | + | 3. Catholic Diocese of Wilmington. 9 | |
| 67 | 65 | ||
| 68 | - | (i) The county superintendent, for the county in which a student is 11 | |
| 69 | - | enrolled, or a designee of the superintendent, who is an administrator; or 12 | |
| 66 | + | (6) “Reportable offense” means an offense that: 10 | |
| 70 | 67 | ||
| 71 | - | ( | |
| 68 | + | (i) Occurred off school premises; 11 | |
| 72 | 69 | ||
| 73 | - | | |
| 70 | + | (ii) Did not occur at an event sponsored by the school; and 12 | |
| 74 | 71 | ||
| 75 | - | | |
| 72 | + | (iii) Involved any of the following: 13 | |
| 76 | 73 | ||
| 77 | - | 3. Catholic Diocese of Wilmington. 16 | |
| 74 | + | 1. A crime of violence, as defined in § 14–101 of the Criminal 14 | |
| 75 | + | Law Article; 15 | |
| 78 | 76 | ||
| 79 | - | (6) “Reportable offense” means an offense that: 17 | |
| 77 | + | 2. Any of the offenses enumerated in § 3–8A–03(e)(4) of the 16 | |
| 78 | + | Courts Article; 17 | |
| 80 | 79 | ||
| 81 | - | (i) Occurred off school premises; 18 | |
| 80 | + | 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18 | |
| 81 | + | Criminal Law Article; 19 | |
| 82 | 82 | ||
| 83 | - | (ii) Did not occur at an event sponsored by the school; and 19 | |
| 83 | + | 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 20 | |
| 84 | + | § 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21 | |
| 85 | + | or § 5–628 of the Criminal Law Article; 22 | |
| 84 | 86 | ||
| 85 | - | (iii) Involved any of the following: 20 | |
| 87 | + | 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 23 | |
| 88 | + | Law Article; 24 | |
| 86 | 89 | ||
| 87 | - | | |
| 88 | - | Law Article; | |
| 90 | + | 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25 | |
| 91 | + | Criminal Law Article; 26 | |
| 89 | 92 | ||
| 90 | - | | |
| 91 | - | ||
| 93 | + | 7. A violation of § 9–802 or § 9–803 of the Criminal Law 27 | |
| 94 | + | Article; 28 | |
| 92 | 95 | ||
| 93 | - | 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 25 | |
| 94 | - | Criminal Law Article; 26 | |
| 95 | - | HOUSE BILL 1265 3 | |
| 96 | + | 8. A violation of § 3–203 of the Criminal Law Article; 29 HOUSE BILL 1265 3 | |
| 96 | 97 | ||
| 97 | 98 | ||
| 98 | - | 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 1 | |
| 99 | - | § 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 2 | |
| 100 | - | or § 5–628 of the Criminal Law Article; 3 | |
| 101 | 99 | ||
| 102 | - | 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 4 | |
| 103 | - | Law Article; 5 | |
| 100 | + | 9. A violation of § 6–301 of the Criminal Law Article; 1 | |
| 104 | 101 | ||
| 105 | - | | |
| 106 | - | ||
| 102 | + | 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 2 | |
| 103 | + | Law Article; 3 | |
| 107 | 104 | ||
| 108 | - | 7. A violation of § 9–802 or § 9–803 of the Criminal Law 8 | |
| 109 | - | Article; 9 | |
| 105 | + | 11. A violation of § 7–105 of the Criminal Law Article; 4 | |
| 110 | 106 | ||
| 111 | - | | |
| 107 | + | 12. A violation of § 6–202 of the Criminal Law Article; or 5 | |
| 112 | 108 | ||
| 113 | - | | |
| 109 | + | 13. A violation of § 10–606 of the Criminal Law Article. 6 | |
| 114 | 110 | ||
| 115 | - | | |
| 116 | - | ||
| 111 | + | (7) “School principal” means the principal of the public or nonpublic school 7 | |
| 112 | + | in which a student is enrolled, or a designee of the principal, who is an administrator. 8 | |
| 117 | 113 | ||
| 118 | - | 11. A violation of § 7–105 of the Criminal Law Article; 14 | |
| 114 | + | (8) (i) “School security officer” includes a school principal, another 9 | |
| 115 | + | school administrator, a law enforcement officer, or other individual employed by a local 10 | |
| 116 | + | school system or a local government who is designated by the county superintendent or a 11 | |
| 117 | + | school principal to help maintain the security and safety of a school. 12 | |
| 119 | 118 | ||
| 120 | - | | |
| 119 | + | (ii) “School security officer” does not include a teacher. 13 | |
| 121 | 120 | ||
| 122 | - | 13. A violation of § 10–606 of the Criminal Law Article; 16 | |
| 121 | + | (9) “Student” means an individual enrolled in a public school system or 14 | |
| 122 | + | nonpublic school in the State who is 5 years of age or older and under 22 years of age. 15 | |
| 123 | 123 | ||
| 124 | - | 9. A VIOLATION OF § 3–902 OF THE CRIMINAL LAW 17 | |
| 125 | - | ARTICLE; OR 18 | |
| 124 | + | (b) If a student is arrested for a reportable offense or an offense that is related to 16 | |
| 125 | + | the student’s membership in a criminal organization, the law enforcement agency making 17 | |
| 126 | + | the arrest: 18 | |
| 126 | 127 | ||
| 127 | - | | |
| 128 | - | ||
| 128 | + | (1) Shall notify the following individuals of the arrest and the charges 19 | |
| 129 | + | within 24 hours of the arrest or as soon as practicable: 20 | |
| 129 | 130 | ||
| 130 | - | (7) “School principal” means the principal of the public or nonpublic school 21 | |
| 131 | - | in which a student is enrolled, or a designee of the principal, who is an administrator. 22 | |
| 131 | + | (i) The local superintendent; 21 | |
| 132 | 132 | ||
| 133 | - | (8) (i) “School security officer” includes a school principal, another 23 | |
| 134 | - | school administrator, a law enforcement officer, or other individual employed by a local 24 | |
| 135 | - | school system or a local government who is designated by the county superintendent or a 25 | |
| 136 | - | school principal to help maintain the security and safety of a school. 26 | |
| 133 | + | (ii) The school principal; and 22 | |
| 137 | 134 | ||
| 138 | - | (ii) “School security officer” does not include a teacher. 27 | |
| 135 | + | (iii) For a school that has a school security officer, the school security 23 | |
| 136 | + | officer; and 24 | |
| 139 | 137 | ||
| 140 | - | (9) “Student” means an individual enrolled in a public school system or 28 | |
| 141 | - | nonpublic school in the State who is 5 years of age or older and under 22 years of age. 29 | |
| 142 | - | 4 HOUSE BILL 1265 | |
| 138 | + | (2) May notify the State’s Attorney of the arrest and charges. 25 | |
| 139 | + | ||
| 140 | + | (c) The State’s Attorney shall promptly notify [either the local superintendent or 26 | |
| 141 | + | the school principal] THE FOLLOWING INDIVI DUALS of the disposition of the reportable 27 | |
| 142 | + | offense required to be reported under subsection (b) of this section: 28 | |
| 143 | + | ||
| 144 | + | (1) THE LOCAL SUPERINTENDENT ; 29 4 HOUSE BILL 1265 | |
| 143 | 145 | ||
| 144 | 146 | ||
| 145 | - | (b) If a student is arrested for a reportable offense or an offense that is related to 1 | |
| 146 | - | the student’s membership in a criminal organization, the law enforcement agency making 2 | |
| 147 | - | the arrest: 3 | |
| 148 | 147 | ||
| 149 | - | (1) Shall notify the following individuals of the arrest and the charges 4 | |
| 150 | - | within 24 hours of the arrest or as soon as practicable: 5 | |
| 148 | + | (2) THE SCHOOL PRINCIPAL ; AND 1 | |
| 151 | 149 | ||
| 152 | - | (i) The local superintendent; 6 | |
| 150 | + | (3) FOR A SCHOOL THAT HAS A SCHOOL SECURITY OF FICER, THE 2 | |
| 151 | + | SCHOOL SECURITY OFFI CER. 3 | |
| 153 | 152 | ||
| 154 | - | (ii) The school principal; and 7 | |
| 153 | + | (d) Except by order of a juvenile court or other court upon good cause shown, the 4 | |
| 154 | + | information obtained by an individual pursuant to subsections (b) and (c) of this section: 5 | |
| 155 | 155 | ||
| 156 | - | ( | |
| 157 | - | ||
| 156 | + | (1) Is confidential and may not be redisclosed by subpoena or otherwise 6 | |
| 157 | + | except as provided pursuant to subsections (e) and (f) of this section; and 7 | |
| 158 | 158 | ||
| 159 | - | (2) May | |
| 159 | + | (2) May not be made part of the student’s permanent educational record. 8 | |
| 160 | 160 | ||
| 161 | - | (c) The State’s Attorney shall promptly notify [either the local superintendent or 11 | |
| 162 | - | the school principal] THE FOLLOWING INDIVI DUALS of the disposition of the reportable 12 | |
| 163 | - | offense required to be reported under subsection (b) of this section: 13 | |
| 161 | + | (e) (1) Notwithstanding the provisions of subsection (d) of this section, 9 | |
| 162 | + | [nothing shall prohibit a local superintendent or school principal from transmitting] THE 10 | |
| 163 | + | FOLLOWING INDIVIDUAL S SHALL TRANSMIT the information obtained pursuant to 11 | |
| 164 | + | subsections (b) and (c) of this section as a confidential file to the local superintendent of 12 | |
| 165 | + | another public school system in the State or another nonpublic school in the State in which 13 | |
| 166 | + | the student has enrolled or been transferred in order to carry out the purposes of this 14 | |
| 167 | + | section if the disposition of the reportable offense was a conviction or an adjudication of 15 | |
| 168 | + | delinquency or the criminal charge or delinquency petition is still pending: 16 | |
| 164 | 169 | ||
| 165 | - | ( | |
| 170 | + | (I) THE LOCAL SCHOOL SUPE RINTENDENT; 17 | |
| 166 | 171 | ||
| 167 | - | ( | |
| 172 | + | (II) THE SCHOOL PRINCIPAL ; AND 18 | |
| 168 | 173 | ||
| 169 | - | (3) FOR A SCHOOL THAT HAS A SCHOOL SECURITY OF FICER, THE 16 | |
| 170 | - | SCHOOL SECURITY OFFI CER. 17 | |
| 174 | + | (III) FOR A STUDENT DETAINE D OR COMMITTED TO TH E 19 | |
| 175 | + | DEPARTMENT OF JUVENILE SERVICES UNDER TITLE 3, SUBTITLE 8A OF THE 20 | |
| 176 | + | COURTS ARTICLE, THE SUPERINTENDENT OF THE JUVENILE SERVICES 21 | |
| 177 | + | EDUCATION PROGRAM OR THE SUPERINTENDENT’S DESIGNEE. 22 | |
| 171 | 178 | ||
| 172 | - | (d) Except by order of a juvenile court or other court upon good cause shown, the 18 | |
| 173 | - | information obtained by an individual pursuant to subsections (b) and (c), (C), AND (E) of 19 | |
| 174 | - | this section: 20 | |
| 179 | + | (2) [A local superintendent or school principal] AN INDIVIDUAL 23 | |
| 180 | + | DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION who transmits information about 24 | |
| 181 | + | a student under this subsection shall include in the transmittal information regarding any 25 | |
| 182 | + | educational programming and related services provided to the student. 26 | |
| 175 | 183 | ||
| 176 | - | (1) Is confidential and may not be redisclosed by subpoena or otherwise 21 | |
| 177 | - | except as provided pursuant to subsections (e) and (f) of this section; and 22 | |
| 184 | + | (f) The State Board shall adopt regulations to ensure that information obtained 27 | |
| 185 | + | by a local superintendent, a school principal, or a school security officer under subsections 28 | |
| 186 | + | (b), (c), and (e) of this section is: 29 | |
| 178 | 187 | ||
| 179 | - | (2) May not be made part of the student’s permanent educational record. 23 | |
| 180 | - | ||
| 181 | - | (e) (1) (I) Notwithstanding the provisions of subsection (d) of this section, 24 | |
| 182 | - | [nothing shall prohibit a local superintendent or school principal from transmitting] THE 25 | |
| 183 | - | FOLLOWING INDIVIDUAL S LOCAL SUPERINTENDENT SHALL TRANSMIT the 26 | |
| 184 | - | information obtained pursuant to subsections (b) and (c) of this section as a confidential file 27 | |
| 185 | - | to the local superintendent of another public school system in the State or another 28 | |
| 186 | - | nonpublic school in the State in which the student has enrolled or been transferred in order 29 | |
| 187 | - | to carry out the purposes of this section if the disposition of the reportable offense was a 30 | |
| 188 | - | conviction or an adjudication of delinquency or the criminal charge or delinquency petition 31 | |
| 189 | - | is still pending: 32 | |
| 188 | + | (1) Used to provide appropriate educational programming and related 30 | |
| 189 | + | services to the student and to maintain a safe and secure school environment for students 31 | |
| 190 | + | and school personnel; 32 | |
| 190 | 191 | HOUSE BILL 1265 5 | |
| 191 | 192 | ||
| 192 | 193 | ||
| 193 | - | (I) THE LOCAL SCHOOL SUPE RINTENDENT; 1 | |
| 194 | + | (2) Transmitted only to school personnel of the school in which the student 1 | |
| 195 | + | is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 2 | |
| 196 | + | and 3 | |
| 194 | 197 | ||
| 195 | - | (II) THE SCHOOL PRINCIPAL ; AND 2 | |
| 198 | + | (3) Destroyed when the student graduates or otherwise permanently 4 | |
| 199 | + | leaves school or turns 22 years old, whichever occurs first. 5 | |
| 196 | 200 | ||
| 197 | - | (III) FOR A STUDENT DETAINE D OR COMMITTED TO TH E 3 | |
| 198 | - | DEPARTMENT OF JUVENILE SERVICES UNDER TITLE 3, SUBTITLE 8A OF THE 4 | |
| 199 | - | COURTS ARTICLE, THE SUPERINTENDENT OF THE JUVENILE SERVICES 5 | |
| 200 | - | EDUCATION PROGRAM OR THE SUPERINTENDENT’S DESIGNEE. 6 | |
| 201 | + | (g) (1) Except as otherwise provided in paragraph (2) of this subsection, the 6 | |
| 202 | + | local superintendent and the school principal shall consider prohibiting a student who is 7 | |
| 203 | + | arrested for a reportable offense involving rape or a sexual offense from attending the same 8 | |
| 204 | + | school or riding on the same school bus as the alleged victim of the reportable offense if 9 | |
| 205 | + | such action is necessary or appropriate to protect the physical or psychological well–being 10 | |
| 206 | + | of the alleged victim. 11 | |
| 201 | 207 | ||
| 202 | - | (2) (II) [A local superintendent or school principal] AN INDIVIDUAL 7 | |
| 203 | - | DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION who transmits information about 8 | |
| 204 | - | a student under this subsection PARAGRAPH shall include in the transmittal information 9 | |
| 205 | - | regarding any educational programming and related services provided to the student. 10 | |
| 208 | + | (2) If a student is arrested for a reportable offense involving rape or a 12 | |
| 209 | + | sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 13 | |
| 210 | + | the student may not attend the same school or ride on the same school bus as the victim. 14 | |
| 206 | 211 | ||
| 207 | - | (2) (I) THIS PARAGRAPH APPLIE S TO A STUDENT WHO : 11 | |
| 212 | + | (h) Nothing in this section is intended to limit the manner in which a local school 15 | |
| 213 | + | obtains information or uses information obtained by any lawful means other than that set 16 | |
| 214 | + | forth in subsections (b), (c), and (e) of this section. 17 | |
| 208 | 215 | ||
| 209 | - | | |
| 210 | - | ||
| 216 | + | (i) Each public school that enrolls students in grades six through twelve in the 18 | |
| 217 | + | State shall designate at least one school security officer. 19 | |
| 211 | 218 | ||
| 212 | - | 2. WAS ARRESTED FOR A RE PORTABLE OFFENSE OR A 14 | |
| 213 | - | CRIME RELATED TO THE STUDENT’S MEMBERSHIP IN A CR IMINAL ORGANIZATION ; 15 | |
| 214 | - | AND 16 | |
| 219 | + | (j) (1) On or before December 30 each year, the Department, in accordance 20 | |
| 220 | + | with State and federal privacy laws, shall submit to the Governor and, in accordance with 21 | |
| 221 | + | § 2–1257 of the State Government Article, the General Assembly a report that includes the 22 | |
| 222 | + | following information about each reportable offense for which a local school received 23 | |
| 223 | + | information under subsection (b) of this section in the preceding school year: 24 | |
| 215 | 224 | ||
| 216 | - | 3. IS TRANSFERRING TO A PUBLIC SCHOOL IN THE 17 | |
| 217 | - | STATE. 18 | |
| 225 | + | (i) The nature of the reportable offense; 25 | |
| 218 | 226 | ||
| 219 | - | (II) THE DEPARTMENT OF JUVENILE SERVICES SHALL NOTIFY 19 | |
| 220 | - | THROUGH A CONFIDENTIAL FILE TH E LOCAL SUPERINTENDE NT FOR THE SCHOOL 20 | |
| 221 | - | SYSTEM TO WHICH A ST UDENT DESCRIBED UNDE R SUBPARAGRAPH (I) OF THIS 21 | |
| 222 | - | PARAGRAPH IS TRANSFE RRING, IF THE DISPOSITION O F THE STUDENT ’S CASE WAS 22 | |
| 223 | - | A CONVICTION OR AN A DJUDICATION OF DELIN QUENCY OR THE CRIMI NAL CHARGE 23 | |
| 224 | - | OR DELINQUENCY PETIT ION IS STILL PENDING . 24 | |
| 227 | + | (ii) Verification that the offense occurred off school premises; 26 | |
| 225 | 228 | ||
| 226 | - | (III) THE DEPARTMENT OF JUVENILE SERVICES SHALL 25 | |
| 227 | - | INCLUDE IN THE CONFI DENTIAL FILE INFORMA TION ON ANY SERVICES AND 26 | |
| 228 | - | EDUCATIONAL PROGRAMM ING PROVIDED TO THE STUDENT. 27 | |
| 229 | + | (iii) Action taken by the local school and county board after being 27 | |
| 230 | + | notified of the reportable offense; 28 | |
| 229 | 231 | ||
| 230 | - | (IV) IF A STUDENT IS ENROL LED IN THE JUVENILE SERVICES 28 | |
| 231 | - | EDUCATION PROGRAM, THE DEPARTMENT OF JUVENILE SERVICES SHALL 29 | |
| 232 | - | CONSULT WITH THE PROGRAM IN CARRYING O UT THIS PARAGRAPH . 30 | |
| 232 | + | (iv) The race, ethnicity, gender, and disability status of the student 29 | |
| 233 | + | arrested for the reportable offense; 30 | |
| 233 | 234 | ||
| 234 | - | (f) The State Board shall adopt regulations to ensure that information obtained 31 | |
| 235 | - | by a local superintendent, a school principal, or a school security officer under subsections 32 | |
| 236 | - | (b), (c), and (e) of this section is: 33 | |
| 235 | + | (v) The grade of the student arrested for the reportable offense; 31 | |
| 236 | + | ||
| 237 | + | (vi) The regular school program of the student arrested for the 32 | |
| 238 | + | reportable offense; 33 | |
| 237 | 239 | 6 HOUSE BILL 1265 | |
| 238 | 240 | ||
| 239 | 241 | ||
| 240 | - | (1) Used to provide appropriate educational programming and related 1 | |
| 241 | - | services to the student and to maintain a safe and secure school environment for students 2 | |
| 242 | - | and school personnel; 3 | |
| 242 | + | (vii) Whether the student’s regular school program was altered as a 1 | |
| 243 | + | result of the reportable offense; 2 | |
| 243 | 244 | ||
| 244 | - | (2) Transmitted only to school personnel of the school in which the student 4 | |
| 245 | - | is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 5 | |
| 246 | - | and 6 | |
| 245 | + | (viii) If the student was removed from the student’s regular school 3 | |
| 246 | + | program as a result of the reportable offense: 4 | |
| 247 | 247 | ||
| 248 | - | | |
| 249 | - | ||
| 248 | + | 1. The amount of time during which the student w as 5 | |
| 249 | + | removed; and 6 | |
| 250 | 250 | ||
| 251 | - | (g) (1) Except as otherwise provided in paragraph (2) of this subsection, the 9 | |
| 252 | - | local superintendent and the school principal shall consider prohibiting a student who is 10 | |
| 253 | - | arrested for a reportable offense involving rape or a sexual offense from attending the same 11 | |
| 254 | - | school or riding on the same school bus as the alleged victim of the reportable offense if 12 | |
| 255 | - | such action is necessary or appropriate to protect the physical or psychological well–being 13 | |
| 256 | - | of the alleged victim. 14 | |
| 251 | + | 2. The student’s placement and educational programming 7 | |
| 252 | + | during the period of removal; and 8 | |
| 257 | 253 | ||
| 258 | - | ( | |
| 259 | - | ||
| 260 | - | ||
| 254 | + | (ix) If removed from the student’s regular school program, the 9 | |
| 255 | + | student’s academic performance during the time period the student was removed, including 10 | |
| 256 | + | attendance, grades, and standardized test scores, and any additional disciplinary actions. 11 | |
| 261 | 257 | ||
| 262 | - | (h) Nothing in this section is intended to limit the manner in which a local school 18 | |
| 263 | - | obtains information or uses information obtained by any lawful means other than that set 19 | |
| 264 | - | forth in subsections (b), (c), and (e) of this section. 20 | |
| 258 | + | (2) Each county board and public school shall provide the Department with 12 | |
| 259 | + | any information necessary to issue its report in accordance with this section. 13 | |
| 265 | 260 | ||
| 266 | - | (i) Each public school that enrolls students in grades six through twelve in the 21 | |
| 267 | - | State shall designate at least one school security officer. 22 | |
| 268 | - | ||
| 269 | - | (j) (1) On or before December 30 each year, the Department, in accordance 23 | |
| 270 | - | with State and federal privacy laws, shall submit to the Governor and, in accordance with 24 | |
| 271 | - | § 2–1257 of the State Government Article, the General Assembly a report that includes the 25 | |
| 272 | - | following information about each reportable offense for which a local school received 26 | |
| 273 | - | information under subsection (b) of this section in the preceding school year: 27 | |
| 274 | - | ||
| 275 | - | (i) The nature of the reportable offense; 28 | |
| 276 | - | ||
| 277 | - | (ii) Verification that the offense occurred off school premises; 29 | |
| 278 | - | ||
| 279 | - | (iii) Action taken by the local school and county board after being 30 | |
| 280 | - | notified of the reportable offense; 31 | |
| 281 | - | ||
| 282 | - | (iv) The race, ethnicity, gender, and disability status of the student 32 | |
| 283 | - | arrested for the reportable offense; 33 | |
| 284 | - | ||
| 285 | - | (v) The grade of the student arrested for the reportable offense; 34 | |
| 286 | - | HOUSE BILL 1265 7 | |
| 287 | - | ||
| 288 | - | ||
| 289 | - | (vi) The regular school program of the student arrested for the 1 | |
| 290 | - | reportable offense; 2 | |
| 291 | - | ||
| 292 | - | (vii) Whether the student’s regular school program was altered as a 3 | |
| 293 | - | result of the reportable offense; 4 | |
| 294 | - | ||
| 295 | - | (viii) If the student was removed from the student’s regular school 5 | |
| 296 | - | program as a result of the reportable offense: 6 | |
| 297 | - | ||
| 298 | - | 1. The amount of time during which the student was 7 | |
| 299 | - | removed; and 8 | |
| 300 | - | ||
| 301 | - | 2. The student’s placement and educational programming 9 | |
| 302 | - | during the period of removal; and 10 | |
| 303 | - | ||
| 304 | - | (ix) If removed from the student’s regular school program, the 11 | |
| 305 | - | student’s academic performance during the time period the student was removed, including 12 | |
| 306 | - | attendance, grades, and standardized test scores, and any additional disciplinary actions. 13 | |
| 307 | - | ||
| 308 | - | (2) Each county board and public school shall provide the Department with 14 | |
| 309 | - | any information necessary to issue its report in accordance with this section. 15 | |
| 310 | - | ||
| 311 | - | (k) If a student is removed or excluded from the student’s regular school program 16 | |
| 312 | - | for a reportable offense, the principal or county superintendent shall invite the student’s 17 | |
| 313 | - | attorney, if the student has an attorney, to participate in the conference between the 18 | |
| 314 | - | student or the student’s parent or guardian and the principal or county superintendent, 19 | |
| 315 | - | and the manifestation determination review, if applicable. 20 | |
| 316 | - | ||
| 317 | - | 26–101. 21 | |
| 318 | - | ||
| 319 | - | (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 22 | |
| 320 | - | A PERSON WHO IS : 23 | |
| 321 | - | ||
| 322 | - | (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 24 | |
| 323 | - | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 25 | |
| 324 | - | OR 26 | |
| 325 | - | ||
| 326 | - | (2) A STUDENT CURRENTLY AT TENDING ANOTHER I NSTITUTION OF 27 | |
| 327 | - | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 28 | |
| 328 | - | ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 29 | |
| 329 | - | SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 30 | |
| 330 | - | ||
| 331 | - | (B) A person may not willfully disturb or otherwise willfully prevent the orderly 31 | |
| 332 | - | conduct of the activities, administration, or classes of any institution of elementary, 32 | |
| 333 | - | secondary, or higher education. 33 | |
| 334 | - | 8 HOUSE BILL 1265 | |
| 335 | - | ||
| 336 | - | ||
| 337 | - | [(b)] (C) A person may not molest or threaten with bodily harm any student, 1 | |
| 338 | - | employee, administrator, agent, or any other individual who is lawfully: 2 | |
| 339 | - | ||
| 340 | - | (1) On the grounds or in the immediate vicinity of any institution of 3 | |
| 341 | - | elementary, secondary, or higher education; 4 | |
| 342 | - | ||
| 343 | - | (2) On a school vehicle; 5 | |
| 344 | - | ||
| 345 | - | (3) At an activity sponsored by a school that is held off school property; or 6 | |
| 346 | - | ||
| 347 | - | (4) On property that is owned by a county board and is used for 7 | |
| 348 | - | administrative or other purposes. 8 | |
| 349 | - | ||
| 350 | - | [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 9 | |
| 351 | - | person may not threaten with bodily harm any employee of any institution of elementary, 10 | |
| 352 | - | secondary, or higher education at home by any means, including in person, by telephone, 11 | |
| 353 | - | or by electronic mail. [This] 12 | |
| 354 | - | ||
| 355 | - | (2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 13 | |
| 356 | - | only to threats arising out of the scope of the employee’s employment. 14 | |
| 357 | - | ||
| 358 | - | [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 15 | |
| 359 | - | Criminal Law Article, on application by the governing board of any institution of 16 | |
| 360 | - | elementary, secondary, or higher education, the circuit court of the county in which the 17 | |
| 361 | - | institution is located may issue an injunction restraining any specific activities that violate 18 | |
| 362 | - | this section. 19 | |
| 363 | - | ||
| 364 | - | [(e)] (F) Any person who violates any provision of this section is guilty of a 20 | |
| 365 | - | misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 21 | |
| 366 | - | exceeding 6 months, or both. 22 | |
| 367 | - | ||
| 368 | - | [(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 23 | |
| 369 | - | each county board of education, including the Baltimore City Board of School 24 | |
| 370 | - | Commissioners, shall report to the Department on the number of school disruptions in the 25 | |
| 371 | - | county in violation of this section for the immediately preceding school year. 26 | |
| 372 | - | ||
| 373 | - | (2) A county board shall report the information required under paragraph 27 | |
| 374 | - | (1) of this subsection in the following manner: 28 | |
| 375 | - | ||
| 376 | - | (i) The disruptions shall be sorted into the following categories: 29 | |
| 377 | - | ||
| 378 | - | 1. Attendance; 30 | |
| 379 | - | ||
| 380 | - | 2. Arson, fire, or explosives; 31 | |
| 381 | - | ||
| 382 | - | 3. Dangerous substances; 32 HOUSE BILL 1265 9 | |
| 383 | - | ||
| 384 | - | ||
| 385 | - | ||
| 386 | - | 4. Sex offenses; and 1 | |
| 387 | - | ||
| 388 | - | 5. Attack with a weapon, threats, or fighting; and 2 | |
| 389 | - | ||
| 390 | - | (ii) Each incident of disruption shall be disaggregated by: 3 | |
| 391 | - | ||
| 392 | - | 1. The race, ethnicity, disability status, and gender of the 4 | |
| 393 | - | individual; 5 | |
| 394 | - | ||
| 395 | - | 2. The actions taken against an individual by the local school 6 | |
| 396 | - | or county board resulting from a violation, including suspensions of fewer than 10 days, 7 | |
| 397 | - | suspensions of 10 days or more, and expulsions; and 8 | |
| 398 | - | ||
| 399 | - | 3. Referrals for prosecution. 9 | |
| 400 | - | ||
| 401 | - | (3) On or before February 1, 2023, and each February 1 thereafter, the 10 | |
| 402 | - | Department shall submit to the Maryland Center for School Safety and, in accordance with 11 | |
| 403 | - | § 2–1257 of the State Government Article, the General Assembly a report on incidents of 12 | |
| 404 | - | school disruptions in public schools in the State from a compilation of the reports submitted 13 | |
| 405 | - | to the Department under paragraph (1) of this subsection and disaggregated in the manner 14 | |
| 406 | - | required under paragraph (2) of this subsection. 15 | |
| 407 | - | ||
| 408 | - | (4) Each county board shall include information on school disruptions from 16 | |
| 409 | - | the 2018–2019 and 2019–2020 school years in its report to the Department for the report 17 | |
| 410 | - | due on December 1, 2022. 18 | |
| 261 | + | (k) If a student is removed or excluded from the student’s regular school program 14 | |
| 262 | + | for a reportable offense, the principal or county superintendent shall invite the student’s 15 | |
| 263 | + | attorney, if the student has an attorney, to participate in the conference between the 16 | |
| 264 | + | student or the student’s parent or guardian and the principal or county superintendent, 17 | |
| 265 | + | and the manifestation determination review, if applicable. 18 | |
| 411 | 266 | ||
| 412 | 267 | SECTION 2. AND BE IT FURTHER ENACTED, That : 19 | |
| 413 | 268 | ||
| 414 | 269 | (a) The Department of Juvenile Services and the State Department of Education, 20 | |
| 415 | - | in consultation with the Department of Juvenile Services, the Public School 21 | |
| 416 | - | Superintendents’ Association of Maryland, the Maryland State’s Attorneys’ Association, 22 | |
| 417 | - | the Juvenile Services Education Program, the Maryland Chiefs of Police Association, and 23 | |
| 418 | - | the Maryland Sheriffs’ Association, shall develop an operational protocol to guide the 24 | |
| 419 | - | transmission of information as required under Section 1 of this Act. 25 | |
| 270 | + | in consultation with the Maryland State’s Attorneys’ Association, the Juvenile Services 21 | |
| 271 | + | Education Program, the Maryland Chiefs of Police Association, and the Maryland Sheriffs’ 22 | |
| 272 | + | Association, shall develop an operational protocol to guide the transmission of information 23 | |
| 273 | + | as required under Section 1 of this Act. 24 | |
| 420 | 274 | ||
| 421 | - | (b) The Department of Juvenile Services and the State Department of Education | |
| 422 | - | shall submit an interim report on or before December 30, 2025, and a final report on or | |
| 423 | - | before December 30, 2026, to the General Assembly, in accordance with § 2–1257 of the | |
| 424 | - | State Government Article, on the development of the operational protocol required under | |
| 425 | - | subsection (a) of this section. | |
| 275 | + | (b) The Department of Juvenile Services and the State Department of Education 25 | |
| 276 | + | shall submit an interim report on or before December 30, 2025, and a final report on or 26 | |
| 277 | + | before December 30, 2026, to the General Assembly, in accordance with § 2–1257 of the 27 | |
| 278 | + | State Government Article, on the development of the operational protocol required under 28 | |
| 279 | + | subsection (a) of this section. 29 | |
| 426 | 280 | ||
| 427 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 31 | |
| 428 | - | measure, is necessary for the immediate preservation of the public health or safety, has 32 | |
| 429 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to 33 | |
| 430 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is 34 | |
| 431 | - | enacted. 35 10 HOUSE BILL 1265 | |
| 432 | - | ||
| 433 | - | ||
| 434 | - | ||
| 435 | - | ||
| 436 | - | ||
| 437 | - | ||
| 438 | - | Approved: | |
| 439 | - | ________________________________________________________________________________ | |
| 440 | - | Governor. | |
| 441 | - | ________________________________________________________________________________ | |
| 442 | - | Speaker of the House of Delegates. | |
| 443 | - | ________________________________________________________________________________ | |
| 444 | - | President of the Senate. | |
| 281 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act is a n emergency 30 | |
| 282 | + | measure, is necessary for the immediate preservation of the public health or safety, has 31 | |
| 283 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 32 | |
| 284 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 33 | |
| 285 | + | enacted. 34 |