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§ 7-308. Authority of school to search student

West's Annotated Code of MarylandEducation

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 7. Public Schools (Refs & Annos)
Subtitle 3. Attendance and Discipline of Students (Refs & Annos)
MD Code, Education, § 7-308
§ 7-308. Authority of school to search student
Currentness
Searches by principal, assistant principal, or school security guard
(a) A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.
Searches by teachers
(b)(1) Subject to the provisions of paragraph (2) of this subsection, a county board may authorize a teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the teacher has a reasonable belief that the student has in the student's possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.
(2) To qualify to conduct a search under this subsection, a teacher shall be designated in writing by a principal and receive training to conduct a search commensurate with the training received by a principal.
Searches made in presence of third party
(c) A search under subsection (a) or (b) of this section shall be made in the presence of a third party.
Searches of school or lockers of students
(d)(1) A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances including the lockers of students.
(2) The right of the school official to search the locker shall be announced or published previously in the school.
Rules and regulations
(e) The Department shall adopt rules and regulations relating to the searches permitted under this section.

Credits

Added as Education § 7-307 by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1982, c. 724; Acts 1983, c. 8; Acts 1996, c. 4, § 1, eff. Oct. 1, 1996; Acts 1996, c. 5, § 1, eff. Oct. 1, 1996. Renumbered as Education § 7-308 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 2004, c. 324, § 1, eff. July 1, 2004.
Formerly Art. 77, § 96A.
MD Code, Education, § 7-308, MD EDUC § 7-308
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.
End of Document