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§ 26-101. Disorderly conduct or obstruction of activities, administration, or classes prohibite...

West's Annotated Code of MarylandEducationEffective: July 1, 2022

West's Annotated Code of Maryland
Education (Refs & Annos)
Division IV. Other Education Provisions [Titles 21-End] (Refs & Annos)
Title 26. Prohibitions and Penalties (Refs & Annos)
Subtitle 1. School Security (Refs & Annos)
Effective: July 1, 2022
MD Code, Education, § 26-101
§ 26-101. Disorderly conduct or obstruction of activities, administration, or classes prohibited
In general
(a) A person may not willfully disturb or otherwise willfully prevent the orderly conduct of the activities, administration, or classes of any institution of elementary, secondary, or higher education.
Protection of students, employees, administrators, agents, or other individuals
(b) A person may not molest or threaten with bodily harm any student, employee, administrator, agent, or any other individual who is lawfully:
(1) On the grounds or in the immediate vicinity of any institution of elementary, secondary, or higher education;
(2) On a school vehicle;
(3) At an activity sponsored by a school that is held off school property; or
(4) On property that is owned by a county board and is used for administrative or other purposes.
Threats against school employees by any means prohibited
(c) A person may not threaten with bodily harm any employee of any institution of elementary, secondary, or higher education at home by any means, including in person, by telephone, or by electronic mail. This prohibition applies only to threats arising out of the scope of the employee's employment.
Injunctions restraining activities in violation of section
(d) In addition to the penalties provided in this section or in § 6-409 of the Criminal Law Article, on application by the governing board of any institution of elementary, secondary, or higher education, the circuit court of the county in which the institution is located may issue an injunction restraining any specific activities that violate this section.
Misdemeanor violations
(e) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not exceeding 6 months, or both.
Reports
(f)(1) On or before December 1, 2022, and each December 1 thereafter, each county board of education, including the Baltimore City Board of School Commissioners, shall report to the Department on the number of school disruptions in the county in violation of this section for the immediately preceding school year.
(2) A county board shall report the information required under paragraph (1) of this subsection in the following manner:
(i) The disruptions shall be sorted into the following categories:
1. Attendance;
2. Arson, fire, or explosives;
3. Dangerous substances;
4. Sex offenses; and
5. Attack with a weapon, threats, or fighting; and
(ii) Each incident of disruption shall be disaggregated by:
1. The race, ethnicity, disability status, and gender of the individual;
2. The actions taken against an individual by the local school or county board resulting from a violation, including suspensions of fewer than 10 days, suspensions of 10 days or more, and expulsions; and
3. Referrals for prosecution.
(3) On or before February 1, 2023, and each February 1 thereafter, the Department shall submit to the Maryland Center for School Safety and, in accordance with § 2-1257 of the State Government Article, the General Assembly a report on incidents of school disruptions in public schools in the State from a compilation of the reports submitted to the Department under paragraph (1) of this subsection and disaggregated in the manner required under paragraph (2) of this subsection.
(4) Each county board shall include information on school disruptions from the 2018-2019 and 2019-2020 school years in its report to the Department for the report due on December 1, 2022.

Credits

Added by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1998, c. 21, § 9, eff. April 14, 1998; Acts 1999, c. 561, § 1, eff. July 1, 1999; Acts 1999, c. 562, § 1, eff. July 1, 1999; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2022, c. 742, § 1, eff. July 1, 2022.
Formerly Art. 27, § 123A; Art. 77, § 96.
MD Code, Education, § 26-101, MD EDUC § 26-101
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document