EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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HOUSE BILL 951
F1, E2 5lr0874
By: Delegates Griffith, Buckel, Pippy, and Reilly
Introduced and read first time: January 31, 2025
Assigned to: Ways and Means and Judiciary
A BILL ENTITLED
AN ACT concerning 1
School Systems – Reportable Offenses – Alterations 2
FOR the purpose of including institutions and programs of higher education in which a 3
student is enrolled as part of a dual enrollment program in the definition of “school 4
system”; adding certain offenses to the list of offenses a law enforcement agency must 5
report to certain school personnel under certain circumstances; requiring law 6
enforcement agencies to notify the State’s Attorney if a student is a suspect in an 7
investigation of certain offenses and if the student no longer is a suspect; authorizing 8
the State’s Attorney to notify the local superintendent or the superintendent’s 9
designee if the student is a suspect in an investigation of certain offenses; requiring 10
the State’s Attorney to notify the local superintendent or the superintendent’s 11
designee if a student is no longer a suspect in certain investigations; expanding a 12
certain reporting requirement to include instances when a student is identified as a 13
suspect for certain offenses; authorizing State’s Attorneys to make a certain 14
notification if a student is arrested for certain offenses; and generally relating to 15
reportable offenses in school systems. 16
BY repealing and reenacting, with amendments, 17
Article – Education 18
Section 7–303 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Education 24
7–303. 25
(a) (1) In this section the following words have the meanings indicated. 26 2 HOUSE BILL 951
(2) “Criminal organization” has the meaning stated in § 9–801 of the 1
Criminal Law Article. 2
(3) “Law enforcement agency” means the law enforcement agencies listed 3
in § 1–101(c) of the Public Safety Article. 4
[(4) “Local school system” means the schools and school programs under the 5
supervision of the local superintendent.] 6
[(5)] (4) “Local superintendent” means: 7
(i) The county superintendent, for the county in which a student is 8
enrolled, or a designee of the superintendent, who is an administrator; or 9
(ii) The superintendent of schools for the: 10
1. Archdiocese of Baltimore; 11
2. Archdiocese of Washington; and 12
3. Catholic Diocese of Wilmington. 13
[(6)] (5) “Reportable offense” means an offense that: 14
(i) Occurred off school premises; 15
(ii) Did not occur at an event sponsored by the school; and 16
(iii) Involved any of the following: 17
1. A crime of violence, as defined in § 14–101 of the Criminal 18
Law Article; 19
2. Any of the offenses enumerated in § 3–8A–03(e)(4) of the 20
Courts Article; 21
3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 22
Criminal Law Article; 23
4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 24
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 25
or § 5–628 of the Criminal Law Article; 26
5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 27
Law Article; 28
HOUSE BILL 951 3
6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 1
Criminal Law Article; 2
7. A violation of § 9–802 or § 9–803 of the Criminal Law 3
Article; 4
8. A violation of § 3–203 of the Criminal Law Article; 5
9. A violation of § 6–301 of the Criminal Law Article; 6
10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 7
Law Article; 8
11. A violation of § 7–105 of the Criminal Law Article; 9
12. A violation of § 6–202 of the Criminal Law Article; [or] 10
13. A violation of § 10–606 of the Criminal Law Article; 11
14. A VIOLATION OF § 3–308 OF THE CRIMINAL LAW 12
ARTICLE; 13
15. A VIOLATION OF § 11–207 OF THE CRIMINAL LAW 14
ARTICLE, IF THE VICTIM DOES N OT HAVE KNOWLEDGE OF OR DOES NOT CONSENT 15
TO THE PRODUCTION OR THE DISTRIBUTION OF THE CHILD PORNOGRAPH Y; 16
16. A VIOLATION OF § 3–902 OF THE CRIMINAL LAW 17
ARTICLE; 18
17. A VIOLATION OF § 3–1001 OF THE CRIMINAL LAW 19
ARTICLE; 20
18. A VIOLATION OF § 3–802 OF THE CRIMINAL LAW 21
ARTICLE; 22
19. A VIOLATION OF § 3–809 OF THE CRIMINAL LAW 23
ARTICLE; OR 24
20. ANY OTHER ACT THAT IF COMMITTED BY AN ADUL T 25
WOULD BE A FELONY. 26
[(7)] (6) “School principal” means the principal of the public or nonpublic 27
school in which a student is enrolled, or a designee of the principal, who is an administrator. 28
4 HOUSE BILL 951
[(8)] (7) (i) “School security officer” includes a school principal, 1
another school administrator, a law enforcement officer, or other individual employed by a 2
[local] school system or a local government who is designated by the county superintendent 3
or a school principal to help maintain the security and safety of a school. 4
(ii) “School security officer” does not include a teacher. 5
(8) “SCHOOL SYSTEM ” MEANS: 6
(I) THE SCHOOLS AND SCHOO L PROGRAMS UNDER THE 7
SUPERVISION OF THE L OCAL SUPERINTENDENT ; AND 8
(II) THE INSTITUTION OF HI GHER EDUCATION OR HI GHER 9
EDUCATION PROGRAM IN WHICH A STUDENT IS E NROLLED AS PART OF A DUAL 10
ENROLLMENT PROGRAM . 11
(9) “Student” means an individual enrolled in a public school system or 12
nonpublic school in the State who is 5 years of age or older and under 22 years of age. 13
(b) (1) IF A STUDENT IS THE S USPECT IN AN INVESTIGATION OF AN ACT 14
THAT IF COMMITTED BY AN ADULT WOULD BE A FELONY OR CRIME OF VIOLENCE, 15
THE LAW ENFORCEMENT AGENCY CONDUCTING TH E INVESTIGATION SHALL NOTIFY 16
THE STATE’S ATTORNEY OF THE INVES TIGATION WITHIN 24 HOURS OF THE 17
IDENTIFICATION OF THE STUDENT AS A SUSPECT OR AS SOON AS PRACTI CABLE. 18
(2) ON NOTIFICATION UNDER P ARAGRAPH (1) OF THIS SUBSECTION , 19
THE STATE’S ATTORNEY MAY NOTIFY T HE LOCAL SUPERINTENDENT OR THE 20
SUPERINTENDENT ’S DESIGNEE WITHIN 24 HOURS OF THE NOTIFIC ATION OR AS 21
SOON AS PRACTICABLE . 22
(3) IF NOTIFICATION HAS B EEN MADE UNDER PARAGRAPH (1) OF 23
THIS SUBSECTION AND THE LAW ENFORCEMENT AGEN CY DETERMINES THAT T HE 24
STUDENT IS NO LONGER A SUSPECT IN THE INV ESTIGATION, WITHIN 24 HOURS OF 25
MAKING THE DETERMINA TION, THE LAW ENFORCEMENT AGENCY SHALL NOTIFY 26
THE STATE’S ATTORNEY THAT THE STUDENT IS NO LONGER A SUSPECT . 27
(4) IF THE STATE’S ATTORNEY IS NOTIFIED UNDER PA RAGRAPH (3) 28
OF THIS SUBSECTION AND HAD PREVIOUSLY N OTIFIED THE LOCAL 29
SUPERINTENDENT OR SU PERINTENDENT ’S DESIGNEE UNDER PAR AGRAPH (2) OF 30
THIS SUBSECTION , THE STATE’S ATTORNEY SHALL NOTIFY THE LOC AL 31
SUPERINTENDENT OR TH E SUPERINTENDENT ’S DESIGNEE THAT THE STUDENT IS NO 32
LONGER A SUSPECT WITHIN 24 HOURS OF RECEIVING T HE NOTIFICATION OR A S 33
SOON AS PRACTICABLE . 34
HOUSE BILL 951 5
(C) (1) If a student is arrested for a reportable offense or an offense that is 1
related to the student’s membership in a criminal organization, the law enforcement agency 2
making the arrest: 3
[(1)] (I) Shall notify the following individuals of the arrest and the 4
charges within 24 hours of the arrest or as soon as practicable: 5
[(i)] 1. The local superintendent; 6
[(ii)] 2. The school principal; and 7
[(iii)] 3. For a school that has a school security officer, the school 8
security officer; and 9
[(2)] (II) May notify the State’s Attorney of the arrest and charges. 10
(2) IF THE STATE’S ATTORNEY DETERMINES T HAT NOTIFICATION 11
WAS NOT MADE BY A LA W ENFORCEMENT AGENCY U NDER PARAGRAPH (1) OF THIS 12
SUBSECTION, THE STATE’S ATTORNEY MAY PROVIDE THE NOTIFICATION . 13
[(c)] (D) The State’s Attorney shall promptly notify either the local 14
superintendent or the school principal of the disposition of the reportable offense required 15
to be reported under subsection [(b)] (C) of this section. 16
[(d)] (E) Except by order of a juvenile court or other court upon good cause 17
shown, the information obtained by an individual pursuant to subsections (b) [and], (c), 18
AND (D) of this section: 19
(1) Is confidential and may not be redisclosed by subpoena or otherwise 20
except as provided pursuant to subsections [(e) and] (f) AND (G) of this section; and 21
(2) May not be made part of the student’s permanent educational record. 22
[(e)] (F) (1) Notwithstanding the provisions of subsection [(d)] (E) of this 23
section, nothing shall prohibit a local superintendent or school principal from transmitting 24
the information obtained pursuant to subsections (b) [and], (c), AND (D) of this section as 25
a confidential file to the local superintendent of another public school system in the State 26
or another nonpublic school in the State in which the student has enrolled or been 27
transferred in order to carry out the purposes of this section if the disposition of the 28
reportable offense was a conviction or an adjudication of delinquency or the criminal charge 29
or delinquency petition is still pending. 30
(2) A local superintendent or school principal who transmits information 31
about a student under this subsection shall include in the transmittal information 32
regarding any educational programming and related services provided to the student. 33 6 HOUSE BILL 951
[(f)] (G) The State Board shall adopt regulations to ensure that information 1
obtained by a local superintendent, a school principal, or a school security officer under 2
subsections (b), (c), (D), and [(e)] (F) of this section is: 3
(1) Used to provide appropriate educational programming and related 4
services to the student and to maintain a safe and secure school environment for students 5
and school personnel; 6
(2) Transmitted only to school personnel of the school in which the student 7
is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 8
and 9
(3) Destroyed when the student graduates or otherwise permanently 10
leaves school or turns 22 years old, whichever occurs first. 11
[(g)] (H) (1) Except as otherwise provided in paragraph (2) of this subsection, 12
the local superintendent and the school principal shall consider prohibiting a student who 13
is arrested for a reportable offense involving rape or a sexual offense from attending the 14
same school or riding on the same school bus as the alleged victim of the reportable offense 15
if such action is necessary or appropriate to protect the physical or psychological well–being 16
of the alleged victim. 17
(2) If a student is arrested for a reportable offense involving rape or a 18
sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 19
the student may not attend the same school or ride on the same school bus as the victim. 20
[(h)] (I) Nothing in this section is intended to limit the manner in which a local 21
school obtains information or uses information obtained by any lawful means other than 22
that set forth in subsections (b), (c), (D), and [(e)] (F) of this section. 23
[(i)] (J) Each public school that enrolls students in grades six through twelve in 24
the State shall designate at least one school security officer. 25
[(j)] (K) (1) On or before December 30 each year, the Department, in 26
accordance with State and federal privacy laws, shall submit to the Governor and, in 27
accordance with § 2–1257 of the State Government Article, the General Assembly a report 28
that includes the following information about each reportable offense for which a local 29
school received information under [subsection] SUBSECTIONS (b) AND (C) of this section 30
in the preceding school year: 31
(i) The nature of the reportable offense; 32
(ii) Verification that the offense occurred off school premises; 33
HOUSE BILL 951 7
(iii) Action taken by the local school and county board after being 1
notified of the reportable offense OR THE IDENTIFICATION OF A STUDENT AS A 2
SUSPECT; 3
(iv) The race, ethnicity, gender, and disability status of the student 4
arrested for the reportable offense OR IDENTIFIED AS A S USPECT; 5
(v) The grade of the student arrested for the reportable offense OR 6
IDENTIFIED AS A SUSP ECT; 7
(vi) The regular school program OR APPLICABLE DUAL 8
ENROLLMENT PROGRAM of the student arrested for the reportable offense OR 9
IDENTIFIED AS A SUSP ECT; 10
(vii) Whether the student’s regular school program OR APPLICABLE 11
DUAL ENROLLMENT PROG RAM was altered as a result of the reportable offense OR 12
IDENTIFICATION OF THE STUDENT AS A SUSPECT; 13
(viii) If the student was removed from the student’s regular school 14
program OR APPLICABLE DUAL E NROLLMENT PROGRAM as a result of the reportable 15
offense OR THE IDENTIFICATIO N OF THE STUDENT AS A SUSPECT: 16
1. The amount of time during which the student was 17
removed; and 18
2. The student’s placement and educational programming 19
during the period of removal; and 20
(ix) If removed from the student’s regular school program OR 21
APPLICABLE DUAL ENRO LLMENT PROGRAM , the student’s academic performance 22
during the time period the student was removed, including attendance, grades, and 23
standardized test scores, and any additional disciplinary actions. 24
(2) Each county board and public school shall provide the Department with 25
any information necessary to issue its report in accordance with this section. 26
[(k)] (L) If a student is removed or excluded from the student’s regular school 27
program OR APPLICABLE DUAL E NROLLMENT PROGRAM for a reportable offense OR 28
IDENTIFICATION AS A SUSPECT, the principal or county superintendent shall invite the 29
student’s attorney, if the student has an attorney, to participate in the conference between 30
the student or the student’s parent or guardian and the principal or county superintendent, 31
and the manifestation determination review, if applicable. 32
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33
1, 2025. 34