Maryland 2025 Regular Session

Maryland House Bill HB588 Compare Versions

Only one version of the bill is available at this time.

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	5	hb0588
6	6
7	7	HOUSE BILL 588
8	8	E3 5lr2107
9	9	HB 214/22 – JUD
10	10	By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
11	11	Szeliga
12	12	Introduced and read first time: January 23, 2025
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Juveniles – Reportable Offenses 2
20	20
21	21	FOR the purpose of requiring the Department of Juvenile Services to notify a certain local 3
22	22	superintendent of schools or school principal of a certain student’s arrest for certain 4
23	23	offenses; requiring the Department to provide certain educational programming 5
24	24	information to a certain student; and generally relating to juveniles and reportable 6
25	25	offenses. 7
26	26
27	27	BY repealing and reenacting, with amendments, 8
28	28	Article – Education 9
29	29	Section 7–303 10
30	30	Annotated Code of Maryland 11
31	31	(2022 Replacement Volume and 2024 Supplement) 12
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
34	34	That the Laws of Maryland read as follows: 14
35	35
36	36	Article – Education 15
37	37
38	38	7–303. 16
39	39
40	40	(a) (1) In this section the following words have the meanings indicated. 17
41	41
42	42	(2) “Criminal organization” has the meaning stated in § 9–801 of the 18
43	43	Criminal Law Article. 19
44	44
45	45	(3) “Law enforcement agency” means the law enforcement agencies listed 20
46	46	in § 3–101(e) of the Public Safety Article. 21
47	47	2 HOUSE BILL 588
48	48
49	49
50	50	(4) “Local school system” means the schools and school programs under the 1
51	51	supervision of the local superintendent. 2
52	52
53	53	(5) “Local superintendent” means: 3
54	54
55	55	(i) The county superintendent, for the county in which a student is 4
56	56	enrolled, or a designee of the superintendent, who is an administrator; or 5
57	57
58	58	(ii) The superintendent of schools for the: 6
59	59
60	60	1. Archdiocese of Baltimore; 7
61	61
62	62	2. Archdiocese of Washington; and 8
63	63
64	64	3. Catholic Diocese of Wilmington. 9
65	65
66	66	(6) “Reportable offense” means an offense that: 10
67	67
68	68	(i) Occurred off school premises; 11
69	69
70	70	(ii) Did not occur at an event sponsored by the school; and 12
71	71
72	72	(iii) Involved any of the following: 13
73	73
74	74	1. A crime of violence, as defined in § 14–101 of the Criminal 14
75	75	Law Article; 15
76	76
77	77	2. Any of the offenses enumerated in § 3–8A–03(e)(4) of the 16
78	78	Courts Article; 17
79	79
80	80	3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18
81	81	Criminal Law Article; 19
82	82
83	83	4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 20
84	84	§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21
85	85	or § 5–628 of the Criminal Law Article; 22
86	86
87	87	5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 23
88	88	Law Article; 24
89	89
90	90	6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25
91	91	Criminal Law Article; 26
92	92
93	93	7. A violation of § 9–802 or § 9–803 of the Criminal Law 27
94	94	Article; 28
95	95
96	96	8. A violation of § 3–203 of the Criminal Law Article; 29 HOUSE BILL 588 3
97	97
98	98
99	99
100	100	9. A violation of § 6–301 of the Criminal Law Article; 1
101	101
102	102	10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 2
103	103	Law Article; 3
104	104
105	105	11. A violation of § 7–105 of the Criminal Law Article; 4
106	106
107	107	12. A violation of § 6–202 of the Criminal Law Article; or 5
108	108
109	109	13. A violation of § 10–606 of the Criminal Law Article. 6
110	110
111	111	(7) “School principal” means the principal of the public or nonpublic school 7
112	112	in which a student is enrolled, or a designee of the principal, who is an administrator. 8
113	113
114	114	(8) (i) “School security officer” includes a school principal, another 9
115	115	school administrator, a law enforcement officer, or other individual employed by a local 10
116	116	school system or a local government who is designated by the county superintendent or a 11
117	117	school principal to help maintain the security and safety of a school. 12
118	118
119	119	(ii) “School security officer” does not include a teacher. 13
120	120
121	121	(9) “Student” means an individual enrolled in a public school system or 14
122	122	nonpublic school in the State who is 5 years of age or older and under 22 years of age. 15
123	123
124	124	(b) If a student is arrested for a reportable offense or an offense that is related to 16
125	125	the student’s membership in a criminal organization, the law enforcement agency making 17
126	126	the arrest: 18
127	127
128	128	(1) Shall notify the following individuals of the arrest and the charges 19
129	129	within 24 hours of the arrest or as soon as practicable: 20
130	130
131	131	(i) The local superintendent; 21
132	132
133	133	(ii) The school principal; and 22
134	134
135	135	(iii) For a school that has a school security officer, the school security 23
136	136	officer; and 24
137	137
138	138	(2) May notify the State’s Attorney of the arrest and charges. 25
139	139
140	140	(c) The State’s Attorney shall promptly notify either the local superintendent or 26
141	141	the school principal of the disposition of the reportable offense required to be reported under 27
142	142	subsection (b) of this section. 28
143	143	4 HOUSE BILL 588
144	144
145	145
146	146	(d) Except by order of a juvenile court or other court upon good cause shown, the 1
147	147	information obtained by an individual pursuant to subsections (b) [and], (c), AND (F) of 2
148	148	this section: 3
149	149
150	150	(1) Is confidential and may not be redisclosed by subpoena or otherwise 4
151	151	except as provided pursuant to subsections (e) and [(f)] (G) of this section; and 5
152	152
153	153	(2) May not be made part of the student’s permanent educational record. 6
154	154
155	155	(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 7
156	156	shall prohibit a local superintendent or school principal from transmitting the information 8
157	157	obtained pursuant to subsections (b) [and], (c), AND (F) of this section as a confidential file 9
158	158	to the local superintendent of another public school system in the State or another 10
159	159	nonpublic school in the State in which the student has enrolled or been transferred in order 11
160	160	to carry out the purposes of this section if the disposition of the reportable offense was a 12
161	161	conviction or an adjudication of delinquency or the criminal charge or delinquency petition 13
162	162	is still pending. 14
163	163
164	164	(2) A local superintendent or school principal who transmits information 15
165	165	about a student under this subsection shall include in the transmittal information 16
166	166	regarding any educational programming and related services provided to the student. 17
167	167
168	168	(F) (1) FOR A STUDENT COMM ITTED TO THE CUSTODY OF THE 18
169	169	DEPARTMENT OF JUVENILE SERVICES, THE DEPARTMENT OF JUVENILE SERVICES 19
170	170	SHALL NOTIFY THE LOC AL SUPERINTENDENT AN D THE SCHOOL PRINCIP AL OF A 20
171	171	SCHOOL IN WHICH THE STUDENT HAS ENROLLED OR TO WHICH THE STUD ENT HAS 21
172	172	BEEN TRANSFERRED : 22
173	173
174	174	(I) OF THE STUDENT ’S ARREST: 23
175	175
176	176	1. FOR A REPORTABLE OFFE NSE; OR 24
177	177
178	178	2. THAT IS RELATED TO TH E STUDENT’S MEMBERSHIP 25
179	179	IN A CRIMINAL ORGANI ZATION; AND 26
180	180
181	181	(II) OF THE DISPOSITION OF ANY CHARGES RESULTIN G FROM 27
182	182	THE ARREST. 28
183	183
184	184	(2) THE DEPARTMENT OF JUVENILE SERVICES SHALL ALSO P ROVIDE 29
185	185	INFORMATION REGARDIN G ANY EDUCATIONAL PR OGRAMMING AND RELATE D 30
186	186	SERVICES PROVIDED TO THE STUDENT . 31
187	187
188	188	[(f)] (G) The State Board shall adopt regulations to ensure that information 32
189	189	obtained by a local superintendent, a school principal, or a school security officer under 33
190	190	subsections (b), (c), [and] (e), AND (F) of this section is: 34 HOUSE BILL 588 5
191	191
192	192
193	193
194	194	(1) Used to provide appropriate educational programming and related 1
195	195	services to the student and to maintain a safe and secure school environment for students 2
196	196	and school personnel; 3
197	197
198	198	(2) Transmitted only to school personnel of the school in which the student 4
199	199	is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 5
200	200	and 6
201	201
202	202	(3) Destroyed when the student graduates or otherwise permanently 7
203	203	leaves school or turns 22 years old, whichever occurs first. 8
204	204
205	205	[(g)] (H) (1) Except as otherwise provided in paragraph (2) of this subsection, 9
206	206	the local superintendent and the school principal shall consider prohibiting a student who 10
207	207	is arrested for a reportable offense involving rape or a sexual offense from attending the 11
208	208	same school or riding on the same school bus as the alleged victim of the reportable offense 12
209	209	if such action is necessary or appropriate to protect the physical or psychological well–being 13
210	210	of the alleged victim. 14
211	211
212	212	(2) If a student is arrested for a reportable offense involving rape or a 15
213	213	sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 16
214	214	the student may not attend the same school or ride on the same school bus as the victim. 17
215	215
216	216	[(h)] (I) Nothing in this section is intended to limit the manner in which a local 18
217	217	school obtains information or uses information obtained by any lawful means other than 19
218	218	that set forth in subsections (b), (c), [and] (e), AND (F) of this section. 20
219	219
220	220	[(i)] (J) Each public school that enrolls students in grades six through twelve in 21
221	221	the State shall designate at least one school security officer. 22
222	222
223	223	[(j)] (K) (1) On or before December 30 each year, the Department, in 23
224	224	accordance with State and federal privacy laws, shall submit to the Governor and, in 24
225	225	accordance with § 2–1257 of the State Government Article, the General Assembly a report 25
226	226	that includes the following information about each reportable offense for which a local 26
227	227	school received information under [subsection] SUBSECTIONS (b) AND (F) of this section 27
228	228	in the preceding school year: 28
229	229
230	230	(i) The nature of the reportable offense; 29
231	231
232	232	(ii) Verification that the offense occurred off school premises; 30
233	233
234	234	(iii) Action taken by the local school and county board after being 31
235	235	notified of the reportable offense; 32
236	236
237	237	(iv) The race, ethnicity, gender, and disability status of the student 33
238	238	arrested for the reportable offense; 34 6 HOUSE BILL 588
239	239
240	240
241	241
242	242	(v) The grade of the student arrested for the reportable offense; 1
243	243
244	244	(vi) The regular school program of the student arrested for the 2
245	245	reportable offense; 3
246	246
247	247	(vii) Whether the student’s regular school program was altered as a 4
248	248	result of the reportable offense; 5
249	249
250	250	(viii) If the student was removed from the student’s regular school 6
251	251	program as a result of the reportable offense: 7
252	252
253	253	1. The amount of time during which the student was 8
254	254	removed; and 9
255	255
256	256	2. The student’s placement and educational programming 10
257	257	during the period of removal; and 11
258	258
259	259	(ix) If removed from the student’s regular school program, the 12
260	260	student’s academic performance during the time period the student was removed, including 13
261	261	attendance, grades, and standardized test scores, and any additional disciplinary actions. 14
262	262
263	263	(2) Each county board and public school shall provide the Department with 15
264	264	any information necessary to issue its report in accordance with this section. 16
265	265
266	266	[(k)] (L) If a student is removed or excluded from the student’s regular school 17
267	267	program for a reportable offense, the principal or county superintendent shall invite the 18
268	268	student’s attorney, if the student has an attorney, to participate in the conference between 19
269	269	the student or the student’s parent or guardian and the principal or county superintendent, 20
270	270	and the manifestation determination review, if applicable. 21
271	271
272	272	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
273	273	1, 2025. 23