Maryland School Discipline Laws & Regulations: State Model Policies and Implementation Support

Discipline Compendium

Maryland School Discipline Laws & Regulations: State Model Policies and Implementation Support

Category: Prevention, Behavioral Interventions, and Supports
Subcategory: State Model Policies and Implementation Support
State: Maryland

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LAWS

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

(a) "Restorative approaches" defined. -

(1) In this section, "restorative approaches" means a relationship-focused student discipline model that:

(i) Is preventive and proactive;

(ii) Emphasizes building strong relationships and setting clear behavioral expectations that contribute to the well-being of the school community;

(iii) In response to behavior that violates the clear behavioral expectations that contribute to the well-being of the school community, focuses on accountability for any harm done by the problem behavior; and

(iv) Addresses ways to repair the relationships affected by the problem behavior with the voluntary participation of an individual who was harmed.

(2) "Restorative approaches" may include:

(i) Conflict resolution;

(ii) Mediation;

(iii) Peer mediation;

(iv) Circle processes;

(v) Restorative conferences;

(vi) Social emotional learning;

(vii) Trauma-informed care;

(viii) Positive behavioral intervention supports; and

(ix) Rehabilitation.

(b) Corporal punishment prohibited.–Notwithstanding any bylaw, rule, or regulation made or approved by the State Board, a principal, vice principal, or other employee may not administer corporal punishment to discipline a student in a public school in the State.

(c) Standards of conduct; implementation.–The State Board shall:

(1) Establish guidelines that define a State code of discipline for all public schools with standards of conduct and consequences for violations of the standards;

(2) On request, provide technical assistance and training to county boards regarding the use of restorative approaches; and

(3) Assist each county board with the implementation of the guidelines.

(d) Regulations. -

(1) Subject to the provisions of subsections (b) and (c) of this section, each county board shall adopt regulations designed to create and maintain within the schools under its jurisdiction the atmosphere of order and discipline necessary for effective learning.

(2) The regulations adopted by a county board under this subsection:

(i) Shall provide for educational and behavioral interventions, restorative approaches, counseling, and student and parent conferencing;

(ii) Shall provide alternative programs, which may include in-school suspension, suspension, expulsion, or other disciplinary measures that are deemed appropriate; and

(iii) Shall state that the primary purpose of any disciplinary measure is rehabilitative, restorative, and educational.

(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.

7-424.1. Model policy prohibiting bullying, harassment and intimidation.

(a) "Bullying, harassment, or intimidation" defined.–In this section, "bullying, harassment, or intimidation" has the meaning stated in § 7-424 of this subtitle.

(b) In general. -

(1) By March 31, 2009, the State Board, after consultation with and input from local school systems, shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.

(2) The model policy developed under paragraph (1) of this subsection shall include:

(i) A statement prohibiting bullying, harassment, and intimidation in schools;

(ii) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;

(iii) A definition of bullying, harassment, or intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;

(iv) Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation;

(v) Standard consequences and remedial actions for persons found to have made false accusations;

(vi) Model procedures for reporting acts of bullying, harassment, and intimidation;

(vii) Model procedures for providing notice of an act of bullying, harassment, or intimidation to:

1. A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and

2. A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;

(viii) Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;

(ix) Information about the types of support services available to the student bully, victim, and any bystanders;

(x) Information regarding the availability and use of the bullying, harassment, or intimidation form under § 7-424 of this subtitle; and

(xi) Information regarding the availability and use of an anonymous two-way electronic tip program established under § 7-424 of this subtitle.

(3) By September 1, 2016, and every 5 years thereafter, the State Board, after consultation with local school systems, shall update the model policy required under paragraph (1) of this subsection.

(c) Development of policy by county boards. -

(1) Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school based on the model policy.

(2) The policy shall address the components of the model policy specified in subsection (b)(2) of this section.

(3) A county board shall develop the policy in consultation with representatives of the following groups:

(i) Parents or guardians of students;

(ii) School employees and administrators;

(iii) School volunteers;

(iv) Students; and

(v) Members of the community.

(4) By January 1, 2017, and every 5 years thereafter, each county board shall update its policy based on the State Board's update of the model policy under subsection (b)(3) of this section.

(d) Publication of policy.–Each county board shall publicize its policy in student handbooks, school system websites, and any other location or venue the county board determines is necessary or appropriate.

(e) Reporting procedure.–Each county board policy shall include information on the procedure for reporting incidents of bullying, harassment, or intimidation, including:

(1) A chain of command in the reporting process; and

(2) The name and contact information for an employee of the Department, designated by the Department, who is familiar with the reporting and investigation procedures in the applicable school system.

(f) Submission of policy. -

(1) By July 1, 2009, each county board shall submit its policy to the State Superintendent.

(2) By January 1, 2017, and every 5 years thereafter, each county board shall submit its updated policy to the State Superintendent.

(g) Educational programs.–Each county board shall develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation in schools:

(1) An educational bullying, harassment, and intimidation prevention program for students, staff, volunteers, and parents; and

(2) A teacher and administrator development program that trains teachers and administrators to implement the policy.

(h) Limitation of liability. -

(1) A school employee who reports an act of bullying, harassment, or intimidation under this section in accordance with the county board's policy established under subsection (c) of this section is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation under this section.

(2) The provisions of this section may not be construed to limit the legal rights of a victim of bullying, harassment, or intimidation.

7-424.2. Gangs and gang activity.

(a) "School security officer" defined. -

(1) In this section, "school security officer" includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.

(2) "School security officer" does not include a teacher.

(b) Model policy.–By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Services, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.

(c) Model policy–Contents.–The model policy developed under subsection (b) of this section shall include:

(1) A statement prohibiting gang activity in schools;

(2) A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;

(3) A definition of gang and gang activity;

(4) Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;

(5) Standard consequences and remedial actions for individuals found to have made false accusations;

(6) Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;

(7) Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;

(8) Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and

(9) Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.

(d) Policy or regulations by local school system. -

(1) Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.

(2) The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.

(3) Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:

(i) Parents or guardians of students;

(ii) School employees and administrators;

(iii) School volunteers;

(iv) Students;

(v) Local law enforcement;

(vi) Gang prevention and intervention programs;

(vii) The Office of the Public Defender;

(viii) The Maryland State's Attorneys Association; and

(ix) Members of the community.

(e) Policy or regulations by local school system–Submission to State Superintendent.–Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.

(f) Policy or regulations by local school system–Publication.–Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.

(g) Policy or regulations by local school system–Education programs.–Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:

(1) An educational gang awareness program for students, staff, volunteers, and parents; and

(2) A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.

(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.

(i) Meetings. -

(1) Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.

(2) The following individuals shall participate in the meetings described in paragraph (1) of this subsection:

(i) School principals;

(ii) School security officers;

(iii) Guidance counselors;

(iv) Local law enforcement officers;

(v) Representatives from the county State's Attorney's Office;

(vi) Representatives from the Office of the Public Defender;

(vii) Gang prevention and intervention program representatives; and

(viii) Any other individuals that the county superintendent considers appropriate.

(j) Coordination of efforts.–Each county superintendent shall enter into a memorandum of understanding with the county State's Attorney's Office to foster coordination of gang prevention, intervention, and suppression efforts.

(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.

7-1102. 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.

(c) (d) (1) a nonpublic school may not use seclusion as a behavioral health intervention for a student unless:

(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.

REGULATIONS

13A.02.04.05. Tobacco-Free guidelines.

The State Department of Education shall develop guidelines to assist the local school systems in implementing a tobacco-free environment.

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