EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0588*
HOUSE BILL 588
E3 5lr2107
HB 214/22 – JUD
By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Juveniles – Reportable Offenses 2
FOR the purpose of requiring the Department of Juvenile Services to notify a certain local 3
superintendent of schools or school principal of a certain student’s arrest for certain 4
offenses; requiring the Department to provide certain educational programming 5
information to a certain student; and generally relating to juveniles and reportable 6
offenses. 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 7–303 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Education 15
7–303. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “Criminal organization” has the meaning stated in § 9–801 of the 18
Criminal Law Article. 19
(3) “Law enforcement agency” means the law enforcement agencies listed 20
in § 3–101(e) of the Public Safety Article. 21
2 HOUSE BILL 588
(4) “Local school system” means the schools and school programs under the 1
supervision of the local superintendent. 2
(5) “Local superintendent” means: 3
(i) The county superintendent, for the county in which a student is 4
enrolled, or a designee of the superintendent, who is an administrator; or 5
(ii) The superintendent of schools for the: 6
1. Archdiocese of Baltimore; 7
2. Archdiocese of Washington; and 8
3. Catholic Diocese of Wilmington. 9
(6) “Reportable offense” means an offense that: 10
(i) Occurred off school premises; 11
(ii) Did not occur at an event sponsored by the school; and 12
(iii) Involved any of the following: 13
1. A crime of violence, as defined in § 14–101 of the Criminal 14
Law Article; 15
2. Any of the offenses enumerated in § 3–8A–03(e)(4) of the 16
Courts Article; 17
3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 18
Criminal Law Article; 19
4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 20
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 21
or § 5–628 of the Criminal Law Article; 22
5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 23
Law Article; 24
6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 25
Criminal Law Article; 26
7. A violation of § 9–802 or § 9–803 of the Criminal Law 27
Article; 28
8. A violation of § 3–203 of the Criminal Law Article; 29 HOUSE BILL 588 3
9. A violation of § 6–301 of the Criminal Law Article; 1
10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 2
Law Article; 3
11. A violation of § 7–105 of the Criminal Law Article; 4
12. A violation of § 6–202 of the Criminal Law Article; or 5
13. A violation of § 10–606 of the Criminal Law Article. 6
(7) “School principal” means the principal of the public or nonpublic school 7
in which a student is enrolled, or a designee of the principal, who is an administrator. 8
(8) (i) “School security officer” includes a school principal, another 9
school administrator, a law enforcement officer, or other individual employed by a local 10
school system or a local government who is designated by the county superintendent or a 11
school principal to help maintain the security and safety of a school. 12
(ii) “School security officer” does not include a teacher. 13
(9) “Student” means an individual enrolled in a public school system or 14
nonpublic school in the State who is 5 years of age or older and under 22 years of age. 15
(b) If a student is arrested for a reportable offense or an offense that is related to 16
the student’s membership in a criminal organization, the law enforcement agency making 17
the arrest: 18
(1) Shall notify the following individuals of the arrest and the charges 19
within 24 hours of the arrest or as soon as practicable: 20
(i) The local superintendent; 21
(ii) The school principal; and 22
(iii) For a school that has a school security officer, the school security 23
officer; and 24
(2) May notify the State’s Attorney of the arrest and charges. 25
(c) The State’s Attorney shall promptly notify either the local superintendent or 26
the school principal of the disposition of the reportable offense required to be reported under 27
subsection (b) of this section. 28
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(d) Except by order of a juvenile court or other court upon good cause shown, the 1
information obtained by an individual pursuant to subsections (b) [and], (c), AND (F) of 2
this section: 3
(1) Is confidential and may not be redisclosed by subpoena or otherwise 4
except as provided pursuant to subsections (e) and [(f)] (G) of this section; and 5
(2) May not be made part of the student’s permanent educational record. 6
(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 7
shall prohibit a local superintendent or school principal from transmitting the information 8
obtained pursuant to subsections (b) [and], (c), AND (F) of this section as a confidential file 9
to the local superintendent of another public school system in the State or another 10
nonpublic school in the State in which the student has enrolled or been transferred in order 11
to carry out the purposes of this section if the disposition of the reportable offense was a 12
conviction or an adjudication of delinquency or the criminal charge or delinquency petition 13
is still pending. 14
(2) A local superintendent or school principal who transmits information 15
about a student under this subsection shall include in the transmittal information 16
regarding any educational programming and related services provided to the student. 17
(F) (1) FOR A STUDENT COMM ITTED TO THE CUSTODY OF THE 18
DEPARTMENT OF JUVENILE SERVICES, THE DEPARTMENT OF JUVENILE SERVICES 19
SHALL NOTIFY THE LOC AL SUPERINTENDENT AN D THE SCHOOL PRINCIP AL OF A 20
SCHOOL IN WHICH THE STUDENT HAS ENROLLED OR TO WHICH THE STUD ENT HAS 21
BEEN TRANSFERRED : 22
(I) OF THE STUDENT ’S ARREST: 23
1. FOR A REPORTABLE OFFE NSE; OR 24
2. THAT IS RELATED TO TH E STUDENT’S MEMBERSHIP 25
IN A CRIMINAL ORGANI ZATION; AND 26
(II) OF THE DISPOSITION OF ANY CHARGES RESULTIN G FROM 27
THE ARREST. 28
(2) THE DEPARTMENT OF JUVENILE SERVICES SHALL ALSO P ROVIDE 29
INFORMATION REGARDIN G ANY EDUCATIONAL PR OGRAMMING AND RELATE D 30
SERVICES PROVIDED TO THE STUDENT . 31
[(f)] (G) The State Board shall adopt regulations to ensure that information 32
obtained by a local superintendent, a school principal, or a school security officer under 33
subsections (b), (c), [and] (e), AND (F) of this section is: 34 HOUSE BILL 588 5
(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)] (H) (1) Except as otherwise provided in paragraph (2) of this subsection, 9
the local superintendent and the school principal shall consider prohibiting a student who 10
is arrested for a reportable offense involving rape or a sexual offense from attending the 11
same school or riding on the same school bus as the alleged victim of the reportable offense 12
if 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)] (I) Nothing in this section is intended to limit the manner in which a local 18
school obtains information or uses information obtained by any lawful means other than 19
that set forth in subsections (b), (c), [and] (e), AND (F) of this section. 20
[(i)] (J) Each public school that enrolls students in grades six through twelve in 21
the State shall designate at least one school security officer. 22
[(j)] (K) (1) On or before December 30 each year, the Department, in 23
accordance with State and federal privacy laws, shall submit to the Governor and, in 24
accordance with § 2–1257 of the State Government Article, the General Assembly a report 25
that includes the following information about each reportable offense for which a local 26
school received information under [subsection] SUBSECTIONS (b) AND (F) of this section 27
in the preceding school year: 28
(i) The nature of the reportable offense; 29
(ii) Verification that the offense occurred off school premises; 30
(iii) Action taken by the local school and county board after being 31
notified of the reportable offense; 32
(iv) The race, ethnicity, gender, and disability status of the student 33
arrested for the reportable offense; 34 6 HOUSE BILL 588
(v) The grade of the student arrested for the reportable offense; 1
(vi) The regular school program of the student arrested for the 2
reportable offense; 3
(vii) Whether the student’s regular school program was altered as a 4
result of the reportable offense; 5
(viii) If the student was removed from the student’s regular school 6
program as a result of the reportable offense: 7
1. The amount of time during which the student was 8
removed; and 9
2. The student’s placement and educational programming 10
during the period of removal; and 11
(ix) If removed from the student’s regular school program, the 12
student’s academic performance during the time period the student was removed, including 13
attendance, grades, and standardized test scores, and any additional disciplinary actions. 14
(2) Each county board and public school shall provide the Department with 15
any information necessary to issue its report in accordance with this section. 16
[(k)] (L) If a student is removed or excluded from the student’s regular school 17
program for a reportable offense, the principal or county superintendent shall invite the 18
student’s attorney, if the student has an attorney, to participate in the conference between 19
the student or the student’s parent or guardian and the principal or county superintendent, 20
and the manifestation determination review, if applicable. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2025. 23