Maryland School Discipline Laws & Regulations: Substance Use

Discipline Compendium

Maryland School Discipline Laws & Regulations: Substance Use

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Substance Use
State: Maryland

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LAWS

4-124. Drug-free school zones.

(a) Regulations requiring the posting of signs.–A county board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of public and nonpublic elementary and secondary schools as "drug-free school zones".

(b) Notice of § 5-627 of the Criminal Law Article.–The signs shall be designed in order to provide notice of the provisions of § 5-627 of the Criminal Law Article.

(c) Hotline number in Anne Arundel County, Baltimore City, and Prince George's County.–In Anne Arundel County, Baltimore City, and Prince George's County, all new and replacement signs shall include a hotline number to report information concerning suspected illegal drug activity.

5-803. School employees.

(a) Making reports. -

(1) Whether or not an individual receives compensation for the individual's services, an employee of a county health department or other local department or agency functioning as a school nurse or school health aide or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school is immune from liability for:

(i) Making a report required by law, if the individual acts on reasonable grounds;

(ii) Participating in a judicial proceeding that results from the individual's report; and

(iii) Making a report to the appropriate school official or to a parent if the individual has reasonable grounds to suspect that a student is:

1. Under the influence of alcoholic beverages or a controlled dangerous substance;

2. In possession of alcoholic beverages or a controlled dangerous substance; or

3. Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous substance.

(2) Paragraph (1)(iii) of this subsection is effective only to the extent that its provisions do not conflict with federal or State confidentiality laws and regulations.

(b) Participation in disciplinary or other proceedings.–A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions is immune from any civil liability if the action is:

(1) In the performance of duties;

(2) Within the scope of employment; and

(3) Without malice.

7-412. Preservation of rights of student seeking to overcome drug abuse.

(a) Inadmissibility of statement of student.–If a student seeks information to overcome any form of drug abuse, as defined in § 8-101 of the Health–General Article, from a teacher, counselor, principal, or other professional educator employed by an educational institution that has received a certificate of approval under § 2-206 of this article, a statement, whether oral or written, made by the student or an observation or conclusion derived from the statement is not admissible against the student in any proceeding.

(b) Rules and regulations may not require disclosure.–A rule, regulation, or order may not require disclosure of any report, statement, observation, conclusion, or other information that has been assembled or obtained by an educator through this contact.

7-440. Individualized or group behavioral counseling services.

(a) Definitions. -

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

(2) "Behavioral health counseling 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) "Health care provider" has the meaning stated in § 20-104 of the Health–General Article.

(b) In general. -

(1) The Maryland Department of Health, in conjunction with the Department, shall recommend best practices for county boards of education to provide to students:

(i) Behavioral needs assessments; and

(ii) Individualized or group behavioral health counseling services with a health care provider through a school-based health center or through community partnered school-based behavioral health services.

(c) Construction of section.–This section may not be construed to require a county board to provide behavioral needs assessments or individualized or group behavioral health counseling services to students.

26-103. Drinking or possessing intoxicating beverages on school premises.

(a) Prohibited conduct. -

(1) Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school.

(2) A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any elementary or secondary school athletic contest may not refuse to comply with a request by a law enforcement officer to stop drinking and causing the public disturbance. If the person complies with the first request, he may not be charged under this paragraph.

(b) Penalty. -

(1) Any person under 18 years of age who violates the provisions of this section shall be issued a citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.

(2) Any person 18 years old or older violating the provisions of this section shall be issued a citation and be subject to § 10-119 of the Criminal Law Article.

REGULATIONS

13A.02.04.01. Scope.

These regulations require each local school system to maintain a tobacco-free school environment.

13A.02.04.02. Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Official school day" means the regular school day with a designated starting time and ending time as defined by the local school system.

(2) "School buildings" means local school system owned or leased buildings.

(3) "School grounds" means local school system owned or leased land that surrounds a school building.

(4) Tobacco.

(a) "Tobacco" means products derived from the tobacco plant that are smoked, chewed, sniffed, or otherwise consumed.

(b) "Tobacco" does not include nicotine replacement therapy.

13A.02.04.03. Tobacco use.

The sale or use of tobacco in any form is prohibited in school buildings at all times. In addition, the sale or use of tobacco in any form is prohibited on school grounds during the official school day.

13A.02.04.04. Notification of a tobacco-free environment.

Each local school system shall post notification to students, staff, and the general public that school buildings and grounds are tobacco-free.

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.

13A.08.01.08. Substance use or distribution.

A. Alcohol and Other Drugs. Students are prohibited from possessing or using, or both, alcohol or other drugs without a physician's prescription, in any form on the school premises.

B. Tobacco. Students are prohibited from possessing or using tobacco in any form on the school premises.

C. Alcohol and Other Drugs Policy. Consistent with Regulations .11-.15 of this chapter, COMAR 13A.08.02, and other applicable law, a local board of education shall adopt a policy on alcohol and other drug use or possession, or both, by students, which shall address at least the following areas:

(1) Purpose;

(2) Definition of terms;

(3) Rules for student behavior;

(4) Student referral procedures;

(5) Procedures for investigating policy violations;

(6) Due process requirements;

(7) Provision of emergency medical care;

(8) Confidentiality of students' educational records;

(9) Alcohol and other drugs policy dissemination;

(10) Staff training; and

(11) Drug education curriculum.

D. Coordination with Local Law Enforcement.

(1) The local board of education shall notify local law enforcement officials of the local board of education's alcohol and other drugs policy.

(2) The local board of education, to the extent possible and consistent with applicable law, shall coordinate efforts with local law enforcement officials to:

(a) Prevent alcohol and other drug abuse by students;

(b) Detect the possession of alcohol or illegal drugs by students on school premises;

(c) Adopt standard operating procedures regarding the reporting of activity related to alcohol and other drug abuse on school premises;

(d) Adopt standard operating procedures regarding the investigation of activity related to alcohol and other drug abuse on school premises; and

(e) Adopt standard operating procedures regarding the seizure and storage of contraband.

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