§ 7-303. Arrest of students and reportable offenses
West's Annotated Code of MarylandEducationEffective: January 1, 2024
Effective: January 1, 2024
MD Code, Education, § 7-303
§ 7-303. Arrest of students and reportable offenses
(8)(i) “School security officer” includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
(b) If a student is arrested for a reportable offense or an offense that is related to the student's membership in a criminal organization, the law enforcement agency making the arrest:
(c) The State's Attorney shall promptly notify either the local superintendent or the school principal of the disposition of the reportable offense required to be reported under subsection (b) of this section.
(d) Except by order of a juvenile court or other court upon good cause shown, the information obtained by an individual pursuant to subsections (b) and (c) of this section:
(e)(1) Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local superintendent or school principal from transmitting the information obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local superintendent of another public school system in the State or another nonpublic school in the State in which the student has enrolled or been transferred in order to carry out the purposes of this section if the disposition of the reportable offense was a conviction or an adjudication of delinquency or the criminal charge or delinquency petition is still pending.
(f) The State Board shall adopt regulations to ensure that information obtained by a local superintendent, a school principal, or a school security officer under subsections (b), (c), and (e) of this section is:
(g)(1) Except as otherwise provided in paragraph (2) of this subsection, the local superintendent and the school principal shall consider prohibiting a student who is arrested for a reportable offense involving rape or a sexual offense from attending the same school or riding on the same school bus as the alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical or psychological well-being of the alleged victim.
(h) Nothing in this section is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means other than that set forth in subsections (b), (c), and (e) of this section.
(i) Each public school that enrolls students in grades six through twelve in the State shall designate at least one school security officer.
(j)(1) On or before December 30 each year, the Department, in accordance with State and federal privacy laws, shall submit to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly a report that includes the following information about each reportable offense for which a local school received information under subsection (b) of this section in the preceding school year:
(k) If a student is removed or excluded from the student's regular school program for a reportable offense, the principal or county superintendent shall invite the student's attorney, if the student has an attorney, to participate in the conference between the student or the student's parent or guardian and the principal or county superintendent, and the manifestation determination review, if applicable.
Credits
Added as Education § 7-302.1 by Acts 1995, c. 111, § 1, eff. June 1, 1995; Acts 1995, c. 112, § 1, eff. June 1, 1995. Renumbered as Education § 7-303 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 1999, c. 561, § 1, eff. July 1, 1999; Acts 1999, c. 562, § 1, eff. July 1, 1999; Acts 2001, c. 415, § 6, eff. Oct. 1, 2001; Acts 2001, c. 618, § 1, eff. Oct. 1, 2001; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2005, c. 313, § 1, eff. Oct. 1, 2005; Acts 2005, c. 361, § 1, eff. Oct. 1, 2005; Acts 2006, c. 38, § 1, eff. April 8, 2006; Acts 2008, c. 375, § 1, eff. Oct. 1, 2008; Acts 2008, c. 376, § 1, eff. Oct. 1, 2008; Acts 2010, c. 188, § 1, eff. July 1, 2010; Acts 2014, c. 218, § 1, eff. Oct. 1, 2014; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2020, c. 422, § 1, eff. Oct. 1, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022; Acts 2022, c. 742, § 1, eff. July 1, 2022; Acts 2023, c. 49, § 6.
MD Code, Education, § 7-303, MD EDUC § 7-303
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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