Maryland 2025 Regular Session

Maryland Senate Bill SB386 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	sb0386
6	6
7	7	SENATE BILL 386
8	8	F1, E3 5lr2015
9	9	CF 5lr2014
10	10	By: Senator Folden
11	11	Introduced and read first time: January 17, 2025
12	12	Assigned to: Education, Energy, and the Environment and Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Primary and Secondary Education – Definition and Notification of Reportable 2
19	19	Offense – Alterations 3
20	20
21	21	FOR the purpose of altering the definition of “reportable offense” to remove the requirement 4
22	22	that the offense occurred off school premises and did not occur at an event sponsored 5
23	23	by the school; requiring the Department of Juvenile Services to report to the local 6
24	24	superintendent of schools and school principal for certain decisions made during a 7
25	25	certain inquiry of a juvenile offender for certain offenses; and generally relating to 8
26	26	reporting of arrests of students for reportable offenses. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Education 11
30	30	Section 7–303 12
31	31	Annotated Code of Maryland 13
32	32	(2022 Replacement Volume and 2024 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Education 17
38	38
39	39	7–303. 18
40	40
41	41	(a) (1) In this section the following words have the meanings indicated. 19
42	42
43	43	(2) “Criminal organization” has the meaning stated in § 9–801 of the 20
44	44	Criminal Law Article. 21
45	45
46	46	(3) “Law enforcement agency” means the law enforcement agencies listed 22
47	47	in § 1–101(c) of the Public Safety Article. 23
48	48	2 SENATE BILL 386
49	49
50	50
51	51	(4) “Local school system” means the schools and school programs under the 1
52	52	supervision of the local superintendent. 2
53	53
54	54	(5) “Local superintendent” means: 3
55	55
56	56	(i) The county superintendent, for the county in which a student is 4
57	57	enrolled, or a designee of the superintendent, who is an administrator; or 5
58	58
59	59	(ii) The superintendent of schools for the: 6
60	60
61	61	1. Archdiocese of Baltimore; 7
62	62
63	63	2. Archdiocese of Washington; and 8
64	64
65	65	3. Catholic Diocese of Wilmington. 9
66	66
67	67	(6) “Reportable offense” means an offense that[: 10
68	68
69	69	(i) Occurred off school premises; 11
70	70
71	71	(ii) Did not occur at an event sponsored by the school; and 12
72	72
73	73	(iii) Involved] INVOLVED any of the following: 13
74	74
75	75	[1.] (I) A crime of violence, as defined in § 14–101 of the 14
76	76	Criminal Law Article; 15
77	77
78	78	[2.] (II) Any of the offenses enumerated in § 3–8A–03(e)(4) 16
79	79	of the Courts Article; 17
80	80
81	81	[3.] (III) A violation of § 4–101, § 4–102, § 4–203, or § 4–204 18
82	82	of the Criminal Law Article; 19
83	83
84	84	[4.] (IV) A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 20
85	85	5–606, § 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 21
86	86	5–627, or § 5–628 of the Criminal Law Article; 22
87	87
88	88	[5.] (V) A violation of § 4–503, § 9–504, or § 9–505 of the 23
89	89	Criminal Law Article; 24
90	90
91	91	[6.] (VI) A violation of § 6–102, § 6–103, § 6–104, or § 6–105 25
92	92	of the Criminal Law Article; 26
93	93
94	94	[7.] (VII) A violation of § 9–802 or § 9–803 of the Criminal 27
95	95	Law Article; 28
96	96	SENATE BILL 386 3
97	97
98	98
99	99	[8.] (VIII) A violation of § 3–203 of the Criminal Law Article; 1
100	100
101	101	[9.] (IX) A violation of § 6–301 of the Criminal Law Article; 2
102	102
103	103	[10.] (X) A violation of § 9–302, § 9–303, or § 9–305 of the 3
104	104	Criminal Law Article; 4
105	105
106	106	[11.] (XI) A violation of § 7–105 of the Criminal Law Article; 5
107	107
108	108	[12.] (XII) A violation of § 6–202 of the Criminal Law Article; 6
109	109	or 7
110	110
111	111	[13.] (XIII) A violation of § 10–606 of the Criminal Law Article. 8
112	112
113	113	(7) “School principal” means the principal of the public or nonpublic school 9
114	114	in which a student is enrolled, or a designee of the principal, who is an administrator. 10
115	115
116	116	(8) (i) “School security officer” includes a school principal, another 11
117	117	school administrator, a law enforcement officer, or other individual employed by a local 12
118	118	school system or a local government who is designated by the county superintendent or a 13
119	119	school principal to help maintain the security and safety of a school. 14
120	120
121	121	(ii) “School security officer” does not include a teacher. 15
122	122
123	123	(9) “Student” means an individual enrolled in a public school system or 16
124	124	nonpublic school in the State who is 5 years of age or older and under 22 years of age. 17
125	125
126	126	(b) If a student is arrested for a reportable offense or an offense that is related to 18
127	127	the student’s membership in a criminal organization, the law enforcement agency making 19
128	128	the arrest: 20
129	129
130	130	(1) Shall notify the following individuals of the arrest and the charges 21
131	131	within 24 hours of the arrest or as soon as practicable: 22
132	132
133	133	(i) The local superintendent; 23
134	134
135	135	(ii) The school principal; and 24
136	136
137	137	(iii) For a school that has a school security officer, the school security 25
138	138	officer; and 26
139	139
140	140	(2) May notify the State’s Attorney of the arrest and charges. 27
141	141
142	142	(c) (1) The State’s Attorney shall promptly notify either the local 28
143	143	superintendent or the school principal of the disposition of the reportable offense required 29
144	144	to be reported under subsection (b) of this section. 30 4 SENATE BILL 386
145	145
146	146
147	147
148	148	(2) THE DEPARTMEN T OF JUVENILE SERVICES SHALL PROMPT LY 1
149	149	NOTIFY THE LOCAL SUP ERINTENDENT AND THE SCHOOL PRINCIPAL OF THE 2
150	150	DECISION MADE DURING AN INQUIRY UNDER § 3–8A–10(C) OF THE COURTS 3
151	151	ARTICLE IF THE INTAKE OFFICER: 4
152	152
153	153	(I) PROPOSES AN INFORMAL ADJUSTMENT FOR A REP ORTABLE 5
154	154	OFFENSE REQUIRED TO B E REPORTED UNDER SUB SECTION (B) OF THIS SECTION; OR 6
155	155
156	156	(II) DENIES AUTHORIZATION TO FILE A PETITION F OR A 7
157	157	REPORTABLE OFFENSE R EQUIRED TO BE REPORT ED UNDER SUBSECTION (B) OF 8
158	158	THIS SECTION. 9
159	159
160	160	(d) Except by order of a juvenile court or other court upon good cause shown, the 10
161	161	information obtained by an individual pursuant to subsections (b) and (c) of this section: 11
162	162
163	163	(1) Is confidential and may not be redisclosed by subpoena or otherwise 12
164	164	except as provided pursuant to subsections (e) and (f) of this section; and 13
165	165
166	166	(2) May not be made part of the student’s permanent educational record. 14
167	167
168	168	(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing 15
169	169	shall prohibit a local superintendent or school principal from transmitting the information 16
170	170	obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local 17
171	171	superintendent of another public school system in the State or another nonpublic school in 18
172	172	the State in which the student has enrolled or been transferred in order to carry out the 19
173	173	purposes of this section if the disposition of the reportable offense was a conviction or an 20
174	174	adjudication of delinquency or the criminal charge or delinquency petition is still pending. 21
175	175
176	176	(2) A local superintendent or school principal who transmits information 22
177	177	about a student under this subsection shall include in the transmittal information 23
178	178	regarding any educational programming and related services provided to the student. 24
179	179
180	180	(f) The State Board shall adopt regulations to ensure that information obtained 25
181	181	by a local superintendent, a school principal, or a school security officer under subsections 26
182	182	(b), (c), and (e) of this section is: 27
183	183
184	184	(1) Used to provide appropriate educational programming and related 28
185	185	services to the student and to maintain a safe and secure school environment for students 29
186	186	and school personnel; 30
187	187
188	188	(2) Transmitted only to school personnel of the school in which the student 31
189	189	is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 32
190	190	and 33
191	191	SENATE BILL 386 5
192	192
193	193
194	194	(3) Destroyed when the student graduates or otherwise permanently 1
195	195	leaves school or turns 22 years old, whichever occurs first. 2
196	196
197	197	(g) (1) Except as otherwise provided in paragraph (2) of this subsection, the 3
198	198	local superintendent and the school principal shall consider prohibiting a student who is 4
199	199	arrested for a reportable offense involving rape or a sexual offense from attending the same 5
200	200	school or riding on the same school bus as the alleged victim of the reportable offense if 6
201	201	such action is necessary or appropriate to protect the physical or psychological well–being 7
202	202	of the alleged victim. 8
203	203
204	204	(2) If a student is arrested for a reportable offense involving rape or a 9
205	205	sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 10
206	206	the student may not attend the same school or ride on the same school bus as the victim. 11
207	207
208	208	(h) Nothing in this section is intended to limit the manner in which a local school 12
209	209	obtains information or uses information obtained by any lawful means other than that set 13
210	210	forth in subsections (b), (c), and (e) of this section. 14
211	211
212	212	(i) Each public school that enrolls students in grades six through twelve in the 15
213	213	State shall designate at least one school security officer. 16
214	214
215	215	(j) (1) On or before December 30 each year, the Department, in accordance 17
216	216	with State and federal privacy laws, shall submit to the Governor and, in accordance with 18
217	217	§ 2–1257 of the State Government Article, the General Assembly a report that includes the 19
218	218	following information about each reportable offense for which a local school received 20
219	219	information under subsection (b) of this section in the preceding school year: 21
220	220
221	221	(i) The nature of the reportable offense; 22
222	222
223	223	(ii) Verification that the offense occurred off school premises; 23
224	224
225	225	(iii) Action taken by the local school and county board after being 24
226	226	notified of the reportable offense; 25
227	227
228	228	(iv) The race, ethnicity, gender, and disability status of the student 26
229	229	arrested for the reportable offense; 27
230	230
231	231	(v) The grade of the student arrested for the reportable offense; 28
232	232
233	233	(vi) The regular school program of the student arrested for the 29
234	234	reportable offense; 30
235	235
236	236	(vii) Whether the student’s regular school program was altered as a 31
237	237	result of the reportable offense; 32
238	238
239	239	(viii) If the student was removed from the student’s regular school 33
240	240	program as a result of the reportable offense: 34 6 SENATE BILL 386
241	241
242	242
243	243
244	244	1. The amount of time during which the student was 1
245	245	removed; and 2
246	246
247	247	2. The student’s placement and educational programming 3
248	248	during the period of removal; and 4
249	249
250	250	(ix) If removed from the student’s regular school program, the 5
251	251	student’s academic performance during the time period the student was removed, including 6
252	252	attendance, grades, and standardized test scores, and any additional disciplinary actions. 7
253	253
254	254	(2) Each county board and public school shall provide the Department with 8
255	255	any information necessary to issue its report in accordance with this section. 9
256	256
257	257	(k) If a student is removed or excluded from the student’s regular school program 10
258	258	for a reportable offense, the principal or county superintendent shall invite the student’s 11
259	259	attorney, if the student has an attorney, to participate in the conference between the 12
260	260	student or the student’s parent or guardian and the principal or county superintendent, 13
261	261	and the manifestation determination review, if applicable. 14
262	262
263	263	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
264	264	1, 2025. 16
265	265