Maryland School Discipline Laws & Regulations: Data Collection, Review, and Reporting of Discipline Policies and Actions

Maryland School Discipline Laws & Regulations: Data Collection, Review, and Reporting of Discipline Policies and Actions

Category: Monitoring and Accountability
Subcategory: Data Collection, Review, and Reporting of Discipline Policies and Actions
State: Maryland

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Maryland

LAWS

7-302. Report of absences and maladjustment.

(a) Immediate report required.–The principal or head teacher of each public or private school in this State shall report immediately to the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent the name of each child enrolled in his school who has been absent or irregular in attendance, without lawful excuse, or who shows evidence of maladjustment, so that the causes may be studied and solutions worked out.

(b) Investigation; counseling; notice to Department of Juvenile Services.–On receipt of a report from a principal or head teacher of a public school that a student has been habitually truant without lawful excuse, the appropriate representative of the school system:

(1) Shall initiate an investigation into the cause of the child's truancy;

(2) May provide counseling regarding the availability of social, health, and educational services; and

(3) Following the investigation or intervention:

(i) May notify the Department of Juvenile Services that the student has been habitually truant, without lawful excuse;

(ii) Shall notify the appropriate local department that the student has been habitually truant, without lawful excuse, if a court has given the notice authorized by § 3-819(b-1) of the Courts Article; and

(iii) Shall notify the Department of Juvenile Services that the student has been habitually truant, without lawful excuse, if a court has given the notice authorized by § 3-8A-19(d)(6) of the Courts Article.

(c) Student information.–The county superintendent, the superintendent's designee, or the supervisor of pupil personnel shall provide to the local education agency information regarding the number of students identified as being habitually truant.

7-306. Corporal punishment; State code of discipline.

(e) Disaggregation of data. -

(1) On or before October 1 each year, the Department shall submit to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly, a student discipline data report that includes a description of the uses of restorative approaches in the State and a review of disciplinary practices and policies in the State.

(2) The Department shall disaggregate the information in any student discipline data report prepared by the Department by race, ethnicity, gender, disability status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic status, English language proficiency, and type of discipline for:

(i) The State;

(ii) Each local school system; and

(iii) Each public school.

(3) Special education-related data in any report prepared under this subsection shall be disaggregated by race, ethnicity, and gender.

(f) Collection of data on alternative school discipline practices. -

(1) In this subsection, "alternative school discipline practice" means a discipline practice used in a public school that is not an in-school suspension or an out-of-school suspension.

(2) The Department shall collect data on alternative school discipline practices in public schools for each local school system, including:

(i) The types of alternative school discipline practices that are used in a local school system; and

(ii) The type of misconduct for which an alternative discipline practice is used.

7-424. Reporting incidents of harassment or intimidation against students.

(b) Report required. -

(1) The Department shall require a county board to report incidents of bullying, harassment, or intimidation against students attending a public school under the jurisdiction of the county board.

(2) An incident of bullying, harassment, or intimidation may be reported by:

(i) A student;

(ii) The parent, guardian, or close adult relative of a student; or

(iii) A school staff member.

(1) The Department shall create a standard victim of bullying, harassment, or intimidation report form.

(2) Each victim of bullying, harassment, or intimidation report form shall:

(i) Identify the victim and the alleged perpetrator, if known;

(ii) Indicate the age of the victim and alleged perpetrator;

(iii) Describe the incident, including alleged statements made by the alleged perpetrator;

(iv) Indicate the location of the incident;

(v) Identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;

(vi) Indicate the number of days a student is absent from school, if any, as a result of the incident;

(vii) Identify any request for psychological services initiated by the victim or the victim's family due to psychological injuries suffered; and

(viii) Include instructions on how to fill out the form and the mailing address to where the form shall be sent.

(3) A county board shall distribute copies of the victim of bullying, harassment, or intimidation report form to each public school under the county board's jurisdiction.

(d) Anonymous two-way electronic tip program. -

(1) A county board may establish an anonymous two-way electronic tip program to allow the reporting of an act of bullying, harassment, or intimidation of a student.

(2) The purpose of the anonymous two-way electronic tip program is for a student, a parent, guardian, or close adult relative of a student, or a school staff member to report acts of bullying, harassment, or intimidation.

(3) Each county board that establishes an anonymous two-way electronic tip program shall publicize the anonymous two-way electronic tip program in student handbooks, school system websites, and other locations that the county board determines are necessary or appropriate.

(4) On receipt of a report of an act of bullying, harassment, or intimidation from an anonymous two-way electronic tip, the recipient of the report or the recipient's designee shall:

(i) Complete a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section; and

(ii) Provide a transcript of the conversation to a designated person in the school.

(5) The Governor may include funding in the State budget to provide grants to county boards to establish an anonymous two-way electronic tip program.

(e) County boards to provide annual summaries of reports to State Board; confidentiality. -

(1) Each county board shall submit summaries of report forms filed with the county board to the State Board on or before January 31 each year.

(2) A county board shall delete any information that identifies an individual.

(f) Confidentiality.–The information contained in a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section or received from an anonymous two-way electronic tip in accordance with subsection (d) of this section:

(1) Is confidential and may not be redisclosed except as otherwise provided under the Family Educational Rights and Privacy Act or this section; and

(2) May not be made a part of a student's permanent educational record.

(g) Departmental reporting to General Assembly. -

(1) The Department shall submit a report on or before March 31 each year to the Senate Education, Health, and Environmental Affairs Committee and the House Ways and Means Committee, in accordance with § 2-1257 of the State Government Article, consisting of a summary of the information included in the victim of bullying, harassment, or intimidation report forms filed with the county boards the previous year.

(2) The report submitted by the Department shall include, to the extent feasible:

(i) A description of the act constituting the bullying, harassment, or intimidation;

(ii) The age of the victim and alleged perpetrator;

(iii) The allegation of the alleged perpetrator's motive;

(iv) A description of the investigation of the complaint and any corrective action taken by the appropriate school authorities;

(v) The number of days a student is absent from school, if any, as a result of the incident; and

(vi) The number of false allegations reported.

7-424.2. Gangs and gang activity.

(h) Reporting of gang activity. -

(1) A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.

(2) The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.

(k) Report.–On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2-1257 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.

7-438. Community-Partnered school behavioral health services programs.

(a) Definitions. -

(1) In this section the following words have the meanings indicated.

(2) "Behavioral health services" means prevention, intervention, and treatment services for the social-emotional, psychological, behavioral, and physical health of students, including mental health and substance abuse disorders.

(3)(i) "Community-partnered school behavioral health services program" means a program that provides behavioral health services to students by community behavioral health providers in partnership with public schools and families that augment the behavioral health services and supports provided by public schools.

(ii) "Community-partnered school behavioral health services program" does not include school-based health centers.

(b) Standardized reporting system. -

(1) The Department, in consultation with the Maryland Department of Health, county boards, and other interested stakeholders, as determined by the Department, shall develop and implement a standardized reporting system to determine the effectiveness of community-partnered school behavioral health services programs.

(2) The standardized reporting system developed under paragraph (1) of this subsection shall use measures that collect data on the outcomes of students who receive behavioral health services from community-partnered school behavioral health services programs, including a student's academic, behavioral, social, and emotional functioning and progress.

(c) Report to Governor and General Assembly.–On or before December 1, 2017, and every 2 years thereafter, the Department shall submit a report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly that provides an analysis of the effectiveness of community-partnered school behavioral health services programs.

7-1102. Reports and guidance.

A) this section does not apply to the juvenile services education program.

(a) (b) a except as provided in subsection (e) of this section, a a public agency may not use seclusion as a behavioral health intervention for a student.

(b) (c) neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless:

(1) physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and

(2) other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.

(i) seclusion is necessary to protect the student or another individual from imminent serious physical harm;

(ii) other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;

(iii) a health care practitioner who qualifies under subsection (d) (e) of this section is on site and is directly observing the student during the seclusion;

(iv) the health care practitioner determines that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student;

(v) if the door to the room in which the student is being secluded has a locking mechanism, the locking mechanism is engaged only if held in place by an individual or, if operated electronically, automatically releases in the case of an active fire alarm; and

(vi) the period of seclusion lasts the lesser of:

1. 30 minutes; or

2. A point in time during which the student no longer poses a threat of imminent serious physical harm.

(2) (i) for a student who has an individualized education program and is placed in seclusion, the individualized education program team, in consultation with the health care practitioner who observed the seclusion, shall review the student's physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student.

(ii) a determination under this paragraph shall be made:

1. At each annual review of the student's individualized education program; and

2. Within 10 days of a student's placement being changed.

(3) (i) if a student's behavior is adversely affected after being placed in seclusion, the nonpublic school shall convene a pupil personnel meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.

(ii) if the behavior of a student with an individualized education program is adversely affected after being placed in seclusion, the student's individualized education program team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.

(d) (e) before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall:

(1) (i) be a physician, licensed to practice under title 14 of the health occupations article;

(ii) be a psychologist, licensed to practice under title 18 of the health occupations article;

(iii) be a clinical social worker, licensed to practice under title 19 of the health occupations article;

(iv) be a registered nurse, licensed to practice under title 8 of the health occupations article; or

(v) be a clinical professional counselor, licensed to practice under title 17 of the health occupations article;

(2) have received training in all topics required under comar 13a.08.04.06, in effect on june 30, 2022; and

(3) be clinically familiar with a student.

26-101. Disturbing activities at school or college; molesting or threatening students.

(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.

REGULATIONS

13A.08.01.12. Arrests on school premises.

A. When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.

B. When an arrest on school premises during the school hours is necessary, the responsible school official shall ascertain the facts from the arresting officer which will enable the school official to fully advise the parent or guardians and other school officials of the nature of the charge, the identity of the arresting officer, and the location of the student.

C. When an arrest has taken place on school premises or during school hours, every effort shall be made by school officials to inform the parent or guardians immediately and thereafter promptly to advise the local superintendent of schools.

D. Arrest on school premises during school hours shall be effectuated in such a manner as to avoid both embarrassment to the student being arrested and jeopardizing the safety and welfare of other students.

E. School officials may not permit questioning of a student under arrest on the school premises and shall request the arresting officer to remove the student from the premises as soon as practicable after the arrest is made.

F. Beginning in the 2015-2016 school year, data on school arrests shall be reported in a manner and format developed by the Department, in consultation with local school systems, and approved by the State Board.

13A.08.01.12-1. Bringing or possessing a firearm on school property.

D. Administrative Procedures.

(1) Annually by August 1, each local school system shall provide the State Board of Education with a report that includes:

(a) Written certification that the local school system is in compliance with the requirements of this regulation;

(b) A description of the circumstances surrounding any expulsions imposed under State law as required by § B(1) of this regulation;

(c) The number of incidents in which a student brought a firearm onto school property or to a school-sponsored activity or possessed a firearm on school property or at a school-sponsored activity;

(d) The name of the school where each incident took place;

(e) The type of firearm involved;

(f) The disposition of each case, including the number of students:

(i) Expelled from each school, and

(ii) Placed in alternative educational settings; and

(g) A description of alternative educational settings used in compliance with this regulation.

(2) Each local school system shall report each incident in which a student brings a firearm onto school property or to a school-sponsored activity or possesses a firearm on school property or at a school-sponsored activity to the appropriate juvenile justice or criminal enforcement agency.

E. Nothing in this regulation precludes a local school system from developing or applying more stringent regulations and procedures.

13A.08.01.15. Reporting delinquent acts.

A. Delinquent acts are offenses committed by a person who is under 18 years old which would be crimes if committed by an adult. School officials shall promptly report to the responsible law enforcement agencies all delinquent acts coming to their attention whether occurring on or away from the school premises which involve students attending the particular school.

B. Delinquent acts do not include conduct which has been traditionally treated as a matter of discipline to be handled administratively by the particular school, except that all conduct of a serious nature should be promptly reported to the parent or guardians concerned.

C. Beginning in the 2015-2016 school year, the local school systems shall report data to the Department on school arrests and referrals to law enforcement agencies or to the juvenile justice system in a form and manner developed by the Department, in consultation with local school systems, and approved by the State Board.

13A.08.01.21. Reducing and eliminating disproportionate/discrepant impact.

A. The Department shall develop a method to analyze local school system discipline data to determine whether there is a disproportionate impact on minority students.

B. The Department may use the discrepancy model to assess the impact of discipline on special education students.

C. If the Department identifies a schools discipline process as having a disproportionate impact on minority students or a discrepant impact on special education students, the local school system shall prepare and present to the State Board a plan to reduce the impact within 1 year and eliminate it within 3 years.

D. The local school system will report its progress annually to the State Board.