Md. Code Regs. 13A.08.01.17

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.08.01.17 - School Use of Reportable Offenses

A. Terms Defined. In this regulation the following terms have the meanings indicated:

(1) "Appropriate educational programming" means a regular or alternative education program that allows a student the opportunity to continue the student's education within the public school system and, if in secondary school, the opportunity to receive credit.

(2) "Criminal organization" has the meaning stated in Criminal Law Article, § 9-801, Annotated Code of Maryland.

(3) "Law enforcement agency" means the law enforcement agencies listed in Public Safety Article, § 3-101(e), Annotated Code of Maryland.

(4) "Local school system" means the schools and school programs under the supervision of the local superintendent.

(5) "Local superintendent" means the county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator.

(6) "Regular school program" means the courses, classes, and related services the student is enrolled in by a local school system at the time of the student's reportable offense.

(7) "Related services" means any supportive intervention that is available through the local school system.

(8) "Reportable offense" means an offense that:

(a) Occurred off school premises;

(b) Did not occur at an event sponsored by the school; and

(c) Involved any of the following:

(i) A crime of violence, as defined in Criminal Law Article, § 14-101, Annotated Code of Maryland;

(ii) Any of the offenses enumerated in Courts and Judicial Proceedings Article, § 3-8A-03(e)(4), Annotated Code of Maryland;

(iii) A violation of Criminal Law Article, § 4-101, 4-102, 4-203, or 4-204, Annotated Code of Maryland;

(iv) A violation of Criminal Law Article, § 5-602, 5-603, 5-604, 5-605, 5-606, 5-607, 5-608, 5-608.1, 5-609, 5-612, 5-613, 5-614, 5-617, 5-618, 5-627, or 5-628, Annotated Code of Maryland;

(v) A violation of Criminal Law Article, § 4-503, 9-504, or 9-505, Annotated Code of Maryland;

(vi) A violation of Criminal Law Article, § 6-102, 6-103, 6-104, or 6-105, Annotated Code of Maryland;

(vii) A violation of Criminal Law Article, § 9-802 or 9-803, Annotated Code of Maryland;

(viii) A violation of Criminal Law Article, § 3-203, Annotated Code of Maryland;

(ix) A violation of Criminal Law Article, § 6-301, Annotated Code of Maryland;

(x) A violation of Criminal Law Article, § 9-302, 9-303, or 9-305, Annotated Code of Maryland;

(xi) A violation of Criminal Law Article, § 7-105, Annotated Code of Maryland;

(xii) A violation of Criminal Law Article, § 6-202, Annotated Code of Maryland; or

(xiii) A violation of Criminal Law Article, § 10-606, Annotated Code of Maryland.

(9) "School principal" means the principal of the public or nonpublic school in which a student is enrolled, or a designee of the principal, who is an administrator.

(10) School Security Officer.

(a) "School security officer" means an individual designated to maintain the security and safety of a school.

(b) School security officer includes:

(i) A school principal or other school administrator;

(ii) A law enforcement officer; or

(iii) Other individual employed by a local school system or a local government who is designated by the local superintendent or a school principal to help maintain the security and safety of a school.

(c) School security officer does not include:

(i) A teacher;

(ii) A school counselor;

(iii) A school psychologist; or

(iv) A school social worker.

(11) "Student" means an individual enrolled in a public school system in the State who is 5 years old or older and younger than 22 years old.

(12) "Student with a disability" means a student eligible under the Individuals with Disabilities Act or Section 504 of the Rehabilitation Act of 1973.

B. Notification by Law Enforcement. 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:

(1) Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as soon as practicable:

(a) The local superintendent;

(b) The school principal; and

(c) For a school that has a school security officer, the school security officer; and

(2) May notify the State's Attorney of the arrest and charges.

C. Safety Determination Procedures and Plan.

(1) Promptly, upon receipt of information from a law enforcement agency or another verified source of an arrest of a student for a reportable offense:

(a) The local superintendent shall provide the school principal of the school in which the student is enrolled with the arrest information, including the charges; or

(b) If the student who has been arrested is an identified student with disabilities who has been enrolled by the public school system in a nonpublic school program, the local superintendent shall provide the principal of the nonpublic school with the arrest information, including the charges.

(2) The school principal, in consultation with appropriate staff members, shall consider whether the student's presence presents a risk to the safety of other students and staff.

(3) If the school principal believes the student presents a safety risk, the school principal shall immediately develop a plan that:

(a) Addresses appropriate educational programming and related services for the student; and

(b) Maintains a safe and secure school environment for all students and staff.

(4) The school principal shall request that the student's parent or guardian:

(a) Participate in the development of the plan; and

(b) Submit information that is relevant to developing the plan.

(5) If the student has an attorney, the school principal shall invite the student's attorney to participate in any meeting with the student's parent or guardian to discuss the plan.

D. Removal from Regular School Program.

(1) A student may not be removed from the student's regular school program unless the student presents an imminent threat of serious harm to other students or staff.

(2) Notice of the arrest for a reportable offense may not be the sole basis for a change in the student's regular school program.

(3) If the plan developed in §C(3) of this regulation includes removal of the student from the student's regular school program, the school principal shall promptly inform the local superintendent in writing.

(4) Upon receipt of a written report from a school principal requesting a removal from the regular school program, and no later than 10 school days from the notification of the reportable offense, the local superintendent shall:

(a) Promptly hold a conference with the student, the student's parent or guardian, and, if the student has an attorney, the student's attorney; and

(b) Make a determination as to whether the student poses an imminent threat of serious harm to other students or staff necessitating a removal.

(5) Implementation of the plan must occur by the tenth school day following notification of the reportable offense.

(6) If after the conference, the local superintendent finds that a removal from the regular school program is warranted, the student or the student's parent or guardian may appeal the removal to the local board within 15 calendar days after the receipt of the written determination and notice of appeal rights.

(7) If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 calendar days from the date the appeal was received to hear the appeal and issue a decision, as follows:

(a) This timeline period may be extended if the parent, guardian, or representative requests additional time; and

(b) This timeline shall also apply if the local board elects to use a hearing examiner.

(8) If, due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 calendar days, it may petition the State Superintendent for an extension of time.

(9) The student or the student's parent, guardian, or representative:

(a) Shall be provided with the school system's witness list and a copy of the documents that the school system will present at the hearing no later than 5 business days before the hearing; and

(b) May bring counsel and witnesses to the hearing.

(10) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the local board.

(11) The appeal to the local board does not stay the decision of the local superintendent.

(12) The decision of the local board is final.

E. Review Procedures.

(1) With the input of the school principal, appropriate staff, the student, and the student's parent or guardian, the local superintendent shall review the plan and the student's status and make adjustments as appropriate:

(a) Immediately upon notification from the State's Attorney of the disposition of the reportable offense; or

(b) Pending notification from the State's Attorney, at a minimum every 45 school days.

(2) If the student has an attorney, the local superintendent shall invite the student's attorney to participate in any meeting with the student or the student's parent or guardian to discuss the review of the plan.

(3) The student and the student's parent or guardian shall be provided in writing with the local superintendent's review decision.

(4) If the student or the student's parent or guardian disagrees with the local superintendent's review decision, the student or the student's parent or guardian may appeal the decision consistent with §D(5)-(11) of this regulation.

F. Confidentiality of Information and Retention of Documents.

(1) Except by order of a juvenile court or other court upon good cause shown or as provided in §F(2) of this regulation, the reportable offense information is confidential and may not be redisclosed by subpoena or otherwise and may not be made part of the student's permanent educational record.

(2) 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, a local superintendent or school principal may transmit the information obtained under this regulation as a confidential file to the local superintendent of another local school system or to another nonpublic school in the state in which the student has enrolled or has transferred, to carry out the purposes of this regulation.

(3) A local superintendent or school principal who transmits information about a student under §F(2) of this regulation shall include in the confidential transmittal information on any educational programming and related services provided to the student.

(4) Nothing in this regulation is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means.

(5) The reportable offense information obtained by a local superintendent, school principal, or school security officer shall be:

(a) Transmitted only to school personnel of the school in which the student is enrolled and as necessary to carry out the purposes set forth in this regulation; and

(b) Destroyed when the first of the following occurs:

(i) The student graduates;

(ii) The student otherwise permanently leaves school;

(iii) The student turns 22 years old;

(iv) The criminal case involving the reportable offense is dismissed;

(v) The student is found not guilty of the reportable offense; or

(vi) The student pleads to a lesser offense that is not a reportable offense.

G. Students with Disabilities.

(1) Appropriate educational programming and related services shall be provided to an identified student with a disability in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including COMAR 13A.05.01.

(2) Removal of a student with a disability resulting in a change of placement shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including requirements related to a manifestation determination.

(3) If the student has an attorney, the attorney shall be invited to attend any meeting to discuss the manifestation determination.

H. Reportable Offense Involving Rape or a Sexual Offense.

(1) Except as otherwise provided in §H(2) of this regulation, 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.

(2) If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim.

(3) Consistent with Criminal Procedure Article, § 11-722(e), Annotated Code of Maryland, a student who is required to register with the Maryland Sex Offender Registry may receive an education in accordance with State law in any of the following locations:

(a) A location other than a public or nonpublic elementary or secondary school, including by:

(i) Participating in the Home and Hospital Teaching Program for Students; or

(ii) Participating in or attending a program approved by a local board;

(b) A Regional Institute for Children and Adolescents; or

(c) A nonpublic educational program as provided by Education Article, § 8-406, Annotated Code of Maryland, if:

(i) The registrant has notified an agent or employee of the nonpublic educational program that the registrant is required to register under this subtitle; and

(ii) The registrant has been given specific written permission by an agent or employee of the nonpublic educational program to attend the nonpublic educational program.

I. General Provisions.

(1) Each public school that enrolls students in grades six through 12 in the State shall designate at least one school security officer.

(2) A fee may not be charged to the student or parent or guardian for the alternative educational programming or related services that are developed for the student.

J. Data Collection.

(1) Each year, the local school system shall provide to the Department the following information for each reportable offense for which the local school received information under this regulation:

(a) The nature of the reportable offense;

(b) Verification that the offense occurred off school premises;

(c) Action taken by the local school and local board after being notified of the reportable offense;

(d) The race, ethnicity, gender, and disability status of the student arrested for the reportable offense;

(e) The grade of the student arrested for the reportable offense;

(f) The regular school program of the student arrested for the reportable offense;

(g) Whether the student's regular school program was altered as a result of the reportable offense;

(h) If the student was removed from the student's regular school program as a result of the reportable offense:

(i) The amount of time during which the student was removed; and

(ii) The student's placement and educational programming during the period of removal; and

(i) If removed from the student's regular school program, the student's academic performance during the time period the student was removed, including attendance, grades, and standardized test scores, and any additional disciplinary actions.

Md. Code Regs. 13A.08.01.17

Regulation .17 adopted effective March 11, 1996 (23:5 Md. R. 380)
Regulation .17 amended effective January 9, 2012 (38:27 Md. R. 1765)
Regulation .17A, C amended effective January 20, 2003 (30:1 Md. R. 26); March 13, 2006 (33:5 Md. R. 522); amended effective 51:16 Md. R. 743, eff. 8/19/2024.