EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*hb1265*
HOUSE BILL 1265
E3, F1 EMERGENCY BILL 5lr0439
CF 5lr0440
By: Chair, Ways and Means Committee and Chair, Judiciary Committee (By
Request – Departmental – Juvenile Services)
Introduced and read first time: February 7, 2025
Assigned to: Ways and Means and Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Juveniles – Arrests for Reportable Offenses 2
Education – Reportable Offenses and Prohibited Behavior on School Grounds – 3
Alterations 4
FOR the purpose of altering the offenses that constitute “reportable offenses” that a law 5
enforcement agency must report to certain school personnel under certain 6
circumstances; altering certain provisions relating to the provision of notification to 7
certain school personnel of the arrest of a student for a certain reportable offense; 8
requiring the Department of Juvenile Services and the State Department of 9
Education to develop an operational protocol to guide the transmission of reportable 10
offense information; specifying that provisions of law prohibiting and penalizing 11
certain behavior on school grounds and property do not apply to certain students; 12
and generally relating to reportable offenses and prohibited behavior on school 13
grounds. 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 7–303 and 26–101 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 HOUSE BILL 1265
Article – Education 1
7–303. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Criminal organization” has the meaning stated in § 9–801 of the 4
Criminal Law Article. 5
(3) “Law enforcement agency” means the law enforcement agencies listed 6
in § 3–101(e) of the Public Safety Article. 7
(4) “Local school system” means the schools and school programs under the 8
supervision of the local superintendent. 9
(5) “Local superintendent” means: 10
(i) The county superintendent, for the county in which a student is 11
enrolled, or a designee of the superintendent, who is an administrator; or 12
(ii) The superintendent of schools for the: 13
1. Archdiocese of Baltimore; 14
2. Archdiocese of Washington; and 15
3. Catholic Diocese of Wilmington. 16
(6) “Reportable offense” means an offense that: 17
(i) Occurred off school premises; 18
(ii) Did not occur at an event sponsored by the school; and 19
(iii) Involved any of the following: 20
1. A crime of violence, as defined in § 14–101 of the Criminal 21
Law Article; 22
2. Any of the offenses enumerated in § 3–8A–03(e)(4) § 23
3–8A–03(D)(4) of the Courts Article; 24
3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 25
Criminal Law Article; 26
HOUSE BILL 1265 3
4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 1
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 2
or § 5–628 of the Criminal Law Article; 3
5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 4
Law Article; 5
6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 6
Criminal Law Article; 7
7. A violation of § 9–802 or § 9–803 of the Criminal Law 8
Article; 9
8. A violation of § 3–203 of the Criminal Law Article; 10
9. A violation of § 6–301 of the Criminal Law Article; 11
10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 12
Law Article; 13
11. A violation of § 7–105 of the Criminal Law Article; 14
12. A violation of § 6–202 of the Criminal Law Article; or 15
13. A violation of § 10–606 of the Criminal Law Article; 16
9. A VIOLATION OF § 3–902 OF THE CRIMINAL LAW 17
ARTICLE; OR 18
10. A VIOLATION OF § 3–1001 OF THE CRIMINAL LAW 19
ARTICLE. 20
(7) “School principal” means the principal of the public or nonpublic school 21
in which a student is enrolled, or a designee of the principal, who is an administrator. 22
(8) (i) “School security officer” includes a school principal, another 23
school administrator, a law enforcement officer, or other individual employed by a local 24
school system or a local government who is designated by the county superintendent or a 25
school principal to help maintain the security and safety of a school. 26
(ii) “School security officer” does not include a teacher. 27
(9) “Student” means an individual enrolled in a public school system or 28
nonpublic school in the State who is 5 years of age or older and under 22 years of age. 29
4 HOUSE BILL 1265
(b) If a student is arrested for a reportable offense or an offense that is related to 1
the student’s membership in a criminal organization, the law enforcement agency making 2
the arrest: 3
(1) Shall notify the following individuals of the arrest and the charges 4
within 24 hours of the arrest or as soon as practicable: 5
(i) The local superintendent; 6
(ii) The school principal; and 7
(iii) For a school that has a school security officer, the school security 8
officer; and 9
(2) May notify the State’s Attorney of the arrest and charges. 10
(c) The State’s Attorney shall promptly notify [either the local superintendent or 11
the school principal] THE FOLLOWING INDIVI DUALS of the disposition of the reportable 12
offense required to be reported under subsection (b) of this section: 13
(1) THE LOCAL SUPERINTEND ENT; 14
(2) THE SCHOOL PRINCIPAL ; AND 15
(3) FOR A SCHOOL THAT HAS A SCHOOL SECURITY OF FICER, THE 16
SCHOOL SECURITY OFFI CER. 17
(d) Except by order of a juvenile court or other court upon good cause shown, the 18
information obtained by an individual pursuant to subsections (b) and (c), (C), AND (E) of 19
this section: 20
(1) Is confidential and may not be redisclosed by subpoena or otherwise 21
except as provided pursuant to subsections (e) and (f) of this section; and 22
(2) May not be made part of the student’s permanent educational record. 23
(e) (1) (I) Notwithstanding the provisions of subsection (d) of this section, 24
[nothing shall prohibit a local superintendent or school principal from transmitting] THE 25
FOLLOWING INDIVIDUAL S LOCAL SUPERINTENDENT SHALL TRANSMIT the 26
information obtained pursuant to subsections (b) and (c) of this section as a confidential file 27
to the local superintendent of another public school system in the State or another 28
nonpublic school in the State in which the student has enrolled or been transferred in order 29
to carry out the purposes of this section if the disposition of the reportable offense was a 30
conviction or an adjudication of delinquency or the criminal charge or delinquency petition 31
is still pending: 32
HOUSE BILL 1265 5
(I) THE LOCAL SCHOOL SUPE RINTENDENT; 1
(II) THE SCHOOL PRINCIPAL ; AND 2
(III) FOR A STUDENT DETAINE D OR COMMITTED TO TH E 3
DEPARTMENT OF JUVENILE SERVICES UNDER TITLE 3, SUBTITLE 8A OF THE 4
COURTS ARTICLE, THE SUPERINTENDENT OF THE JUVENILE SERVICES 5
EDUCATION PROGRAM OR THE SUPERINTENDENT’S DESIGNEE. 6
(2) (II) [A local superintendent or school principal] AN INDIVIDUAL 7
DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION who transmits information about 8
a student under this subsection PARAGRAPH shall include in the transmittal information 9
regarding any educational programming and related services provided to the student. 10
(2) (I) THIS PARAGRAPH APPLIE S TO A STUDENT WHO : 11
1. IS UNDER THE CUSTODY OF THE DEPARTMENT OF 12
JUVENILE SERVICES; 13
2. WAS ARRESTED FOR A RE PORTABLE OFFENSE OR A 14
CRIME RELATED TO THE STUDENT’S MEMBERSHIP IN A CR IMINAL ORGANIZATION ; 15
AND 16
3. IS TRANSFERRING TO A PUBLIC SCHOOL IN THE 17
STATE. 18
(II) THE DEPARTMENT OF JUVENILE SERVICES SHALL NOTIFY 19
THROUGH A CONFIDENTIAL FILE TH E LOCAL SUPERINTENDE NT FOR THE SCHOOL 20
SYSTEM TO WHICH A ST UDENT DESCRIBED UNDE R SUBPARAGRAPH (I) OF THIS 21
PARAGRAPH IS TRANSFE RRING, IF THE DISPOSITION O F THE STUDENT ’S CASE WAS 22
A CONVICTION OR AN A DJUDICATION OF DELIN QUENCY OR THE CRIMI NAL CHARGE 23
OR DELINQUENCY PETIT ION IS STILL PENDING . 24
(III) THE DEPARTMENT OF JUVENILE SERVICES SHALL 25
INCLUDE IN THE CONFI DENTIAL FILE INFORMA TION ON ANY SERVICES AND 26
EDUCATIONAL PROGRAMM ING PROVIDED TO THE STUDENT. 27
(IV) IF A STUDENT IS ENROL LED IN THE JUVENILE SERVICES 28
EDUCATION PROGRAM, THE DEPARTMENT OF JUVENILE SERVICES SHALL 29
CONSULT WITH THE PROGRAM IN CARRYING O UT THIS PARAGRAPH . 30
(f) The State Board shall adopt regulations to ensure that information obtained 31
by a local superintendent, a school principal, or a school security officer under subsections 32
(b), (c), and (e) of this section is: 33
6 HOUSE BILL 1265
(1) Used to provide appropriate educational programming and related 1
services to the student and to maintain a safe and secure school environment for students 2
and school personnel; 3
(2) Transmitted only to school personnel of the school in which the student 4
is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 5
and 6
(3) Destroyed when the student graduates or otherwise permanently 7
leaves school or turns 22 years old, whichever occurs first. 8
(g) (1) Except as otherwise provided in paragraph (2) of this subsection, the 9
local superintendent and the school principal shall consider prohibiting a student who is 10
arrested for a reportable offense involving rape or a sexual offense from attending the same 11
school or riding on the same school bus as the alleged victim of the reportable offense if 12
such action is necessary or appropriate to protect the physical or psychological well–being 13
of the alleged victim. 14
(2) If a student is arrested for a reportable offense involving rape or a 15
sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 16
the student may not attend the same school or ride on the same school bus as the victim. 17
(h) Nothing in this section is intended to limit the manner in which a local school 18
obtains information or uses information obtained by any lawful means other than that set 19
forth in subsections (b), (c), and (e) of this section. 20
(i) Each public school that enrolls students in grades six through twelve in the 21
State shall designate at least one school security officer. 22
(j) (1) On or before December 30 each year, the Department, in accordance 23
with State and federal privacy laws, shall submit to the Governor and, in accordance with 24
§ 2–1257 of the State Government Article, the General Assembly a report that includes the 25
following information about each reportable offense for which a local school received 26
information under subsection (b) of this section in the preceding school year: 27
(i) The nature of the reportable offense; 28
(ii) Verification that the offense occurred off school premises; 29
(iii) Action taken by the local school and county board after being 30
notified of the reportable offense; 31
(iv) The race, ethnicity, gender, and disability status of the student 32
arrested for the reportable offense; 33
(v) The grade of the student arrested for the reportable offense; 34
HOUSE BILL 1265 7
(vi) The regular school program of the student arrested for the 1
reportable offense; 2
(vii) Whether the student’s regular school program was altered as a 3
result of the reportable offense; 4
(viii) If the student was removed from the student’s regular school 5
program as a result of the reportable offense: 6
1. The amount of time during which the student was 7
removed; and 8
2. The student’s placement and educational programming 9
during the period of removal; and 10
(ix) If removed from the student’s regular school program, the 11
student’s academic performance during the time period the student was removed, including 12
attendance, grades, and standardized test scores, and any additional disciplinary actions. 13
(2) Each county board and public school shall provide the Department with 14
any information necessary to issue its report in accordance with this section. 15
(k) If a student is removed or excluded from the student’s regular school program 16
for a reportable offense, the principal or county superintendent shall invite the student’s 17
attorney, if the student has an attorney, to participate in the conference between the 18
student or the student’s parent or guardian and the principal or county superintendent, 19
and the manifestation determination review, if applicable. 20
26–101. 21
(a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 22
A PERSON WHO IS : 23
(1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 24
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 25
OR 26
(2) A STUDENT CURRENTLY AT TENDING ANOTHER I NSTITUTION OF 27
ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 28
ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR PROGRAM 29
SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 30
(B) A person may not willfully disturb or otherwise willfully prevent the orderly 31
conduct of the activities, administration, or classes of any institution of elementary, 32
secondary, or higher education. 33
8 HOUSE BILL 1265
[(b)] (C) A person may not molest or threaten with bodily harm any student, 1
employee, administrator, agent, or any other individual who is lawfully: 2
(1) On the grounds or in the immediate vicinity of any institution of 3
elementary, secondary, or higher education; 4
(2) On a school vehicle; 5
(3) At an activity sponsored by a school that is held off school property; or 6
(4) On property that is owned by a county board and is used for 7
administrative or other purposes. 8
[(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 9
person may not threaten with bodily harm any employee of any institution of elementary, 10
secondary, or higher education at home by any means, including in person, by telephone, 11
or by electronic mail. [This] 12
(2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 13
only to threats arising out of the scope of the employee’s employment. 14
[(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 15
Criminal Law Article, on application by the governing board of any institution of 16
elementary, secondary, or higher education, the circuit court of the county in which the 17
institution is located may issue an injunction restraining any specific activities that violate 18
this section. 19
[(e)] (F) Any person who violates any provision of this section is guilty of a 20
misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 21
exceeding 6 months, or both. 22
[(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 23
each county board of education, including the Baltimore City Board of School 24
Commissioners, shall report to the Department on the number of school disruptions in the 25
county in violation of this section for the immediately preceding school year. 26
(2) A county board shall report the information required under paragraph 27
(1) of this subsection in the following manner: 28
(i) The disruptions shall be sorted into the following categories: 29
1. Attendance; 30
2. Arson, fire, or explosives; 31
3. Dangerous substances; 32 HOUSE BILL 1265 9
4. Sex offenses; and 1
5. Attack with a weapon, threats, or fighting; and 2
(ii) Each incident of disruption shall be disaggregated by: 3
1. The race, ethnicity, disability status, and gender of the 4
individual; 5
2. The actions taken against an individual by the local school 6
or county board resulting from a violation, including suspensions of fewer than 10 days, 7
suspensions of 10 days or more, and expulsions; and 8
3. Referrals for prosecution. 9
(3) On or before February 1, 2023, and each February 1 thereafter, the 10
Department shall submit to the Maryland Center for School Safety and, in accordance with 11
§ 2–1257 of the State Government Article, the General Assembly a report on incidents of 12
school disruptions in public schools in the State from a compilation of the reports submitted 13
to the Department under paragraph (1) of this subsection and disaggregated in the manner 14
required under paragraph (2) of this subsection. 15
(4) Each county board shall include information on school disruptions from 16
the 2018–2019 and 2019–2020 school years in its report to the Department for the report 17
due on December 1, 2022. 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) The Department of Juvenile Services and the State Department of Education, 20
in consultation with the Department of Juvenile Services, the Public School 21
Superintendents’ Association of Maryland, the Maryland State’s Attorneys’ Association, 22
the Juvenile Services Education Program, the Maryland Chiefs of Police Association, and 23
the Maryland Sheriffs’ Association, shall develop an operational protocol to guide the 24
transmission of information as required under Section 1 of this Act. 25
(b) The Department of Juvenile Services and the State Department of Education 26
shall submit an interim report on or before December 30, 2025, and a final report on or 27
before December 30, 2026, to the General Assembly, in accordance with § 2–1257 of the 28
State Government Article, on the development of the operational protocol required under 29
subsection (a) of this section. 30
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 31
measure, is necessary for the immediate preservation of the public health or safety, has 32
been passed by a yea and nay vote supported by three–fifths of all the members elected to 33
each of the two Houses of the General Assembly, and shall take effect from the date it is 34
enacted. 35 10 HOUSE BILL 1265
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.