§ 7-305. Suspension and expulsion procedures
West's Annotated Code of MarylandEducationEffective: July 1, 2022
Effective: July 1, 2022
MD Code, Education, § 7-305
§ 7-305. Suspension and expulsion procedures
<Section effective until occurrence of contingency specified in Acts 1995, c. 347, § 2, as amended by Acts 1996, c. 323, § 2.>
(a)(1) Except as provided in subsection (b) of this section and § 7-305.1 of this subtitle, in accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal.
(b)(1) Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled from school solely for attendance-related offenses.
(c) Except as provided in § 7-305.1 of this subtitle, at the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student.
(d)(1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent.
(e)(1) Any student expelled or suspended from school:
(4)(i) If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian.
(f)(1) In this subsection, “firearm” means a firearm as defined in 18 U.S.C. § 921.
(g)(1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, or removal or exclusion of the child from the child's regular school program for more than ten consecutive school days for a reportable offense, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code,1 including the requirements related to a manifestation determination.
(h) The provisions of this section apply to a student regardless of the cause for which a student is being disciplined, including any removal or exclusion of a student from the student's regular school program arising out of a reportable offense under § 7-303 of this subtitle.
(i)(1) This subsection does not apply if the student is referred to the Department of Juvenile Services.
(2) If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian and any other appropriate person, the principal shall require the student or the student's parent to make restitution.
Credits
Added as Education § 7-304 by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1978, c. 686; Acts 1979, c. 65; Acts 1990, c. 702; Acts 1991, c. 578; Acts 1995, c. 347, § 1, eff. Oct. 1, 1995; Acts 1996, c. 4, § 1, eff. Oct. 1, 1996; Acts 1996, c. 5, § 1, eff. Oct. 1, 1996. Renumbered as Education § 7-305 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 1996, c. 323, § 1, eff. July 1, 1996; Acts 1997, c. 118, § 1, eff. July 1, 1997; Acts 1997, c. 120, § 1, eff. July 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2005, c. 414, § 1, eff. July 1, 2005; Acts 2009, c. 230, § 1, eff. July 1, 2009; Acts 2009, c. 231, § 1, eff. July 1, 2009; Acts 2017, c. 843, § 1, eff. July 1, 2017; Acts 2017, c. 844, § 1, eff. July 1, 2017; Acts 2022, c. 742, § 1, eff. July 1, 2022.
Footnotes
Pub.L. 91-230, Title VI, Apr. 13, 1970, 84 Stat. 175 to 188, codified at 20 U.S.C.A. § 1400 et seq.
MD Code, Education, § 7-305, MD EDUC § 7-305
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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