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<subtitle article="ged" title_number="26" subtitle_number="1" title_name="Prohibitions and Penalties" subtitle_name="School Security">
  <section article="ged" article_name="Education" number="26-101" title_number="26" title_name="Prohibitions and Penalties" subtitle_number="1" subtitle_name="School Security">
    <level label="a">
      <text>A person may not willfully disturb or otherwise willfully prevent the orderly conduct of the activities, administration, or classes of any institution of elementary, secondary, or higher education.</text>
    </level>
    <level label="b">
      <text>A person may not molest or threaten with bodily harm any student, employee, administrator, agent, or any other individual who is lawfully:</text>
      <level label="1">
        <text>On the grounds or in the immediate vicinity of any institution of elementary, secondary, or higher education;</text>
      </level>
      <level label="2">
        <text>On a school vehicle;</text>
      </level>
      <level label="3">
        <text>At an activity sponsored by a school that is held off school property; or</text>
      </level>
      <level label="4">
        <text>On property that is owned by a county board and is used for administrative or other purposes.</text>
      </level>
    </level>
    <level label="c">
      <text>A person may not threaten with bodily harm any employee of any institution of elementary, secondary, or higher education at home by any means, including in person, by telephone, or by electronic mail. This prohibition applies only to threats arising out of the scope of the employee’s employment.</text>
    </level>
    <level label="d">
      <text>In addition to the penalties provided in this section or in § 6-409 of the Criminal Law Article, on application by the governing board of any institution of elementary, secondary, or higher education, the circuit court of the county in which the institution is located may issue an injunction restraining any specific activities that violate this section.</text>
    </level>
    <level label="e">
      <text>Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not exceeding 6 months, or both.</text>
    </level>
    <level label="f">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>A county board shall report the information required under paragraph (1) of this subsection in the following manner:</text>
        <level label="i">
          <text>The disruptions shall be sorted into the following categories:</text>
          <level label="1">
            <text>Attendance;</text>
          </level>
          <level label="2">
            <text>Arson, fire, or explosives;</text>
          </level>
          <level label="3">
            <text>Dangerous substances;</text>
          </level>
          <level label="4">
            <text>Sex offenses; and</text>
          </level>
          <level label="5">
            <text>Attack with a weapon, threats, or fighting; and</text>
          </level>
        </level>
        <level label="ii">
          <text>Each incident of disruption shall be disaggregated by:</text>
          <level label="1">
            <text>The race, ethnicity, disability status, and gender of the individual;</text>
          </level>
          <level label="2">
            <text>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</text>
          </level>
          <level label="3">
            <text>Referrals for prosecution.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="26-102" title_number="26" title_name="Prohibitions and Penalties" subtitle_number="1" subtitle_name="School Security">
    <level label="a">
      <text>In this section, “school resource officer” means a law enforcement officer as defined under § 1–101(e) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under § 3–101(b) of the Public Safety Article and the local education agency.</text>
    </level>
    <level label="b">
      <text>The governing board, president, superintendent, principal, or school resource officer of any public institution of elementary, secondary, or higher education, or a person designated in writing by the board or any of these persons, may deny access to the buildings or grounds of the institution to any other person who:</text>
      <level label="1">
        <text>Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who does not have lawful business to pursue at the institution;</text>
      </level>
      <level label="2">
        <text>Is a bona fide, currently registered student at the institution and has been suspended or expelled from the institution, for the duration of the suspension or expulsion; or</text>
      </level>
      <level label="3">
        <text>Acts in a manner that disrupts or disturbs the normal educational functions of the institution.</text>
      </level>
    </level>
    <level label="c">
      <text>Administrative personnel, authorized employees of any public institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this section may demand identification and evidence of qualification from any person who desires to use or enter the premises of the institution.</text>
    </level>
    <level label="d">
      <text>The governing board of any public institution of elementary, secondary, or higher education may enter into an agreement with appropriate law enforcement agencies to carry out the responsibilities of this section when:</text>
      <level label="1">
        <text>The institution is closed; or</text>
      </level>
      <level label="2">
        <text>None of the persons designated in subsection (b) of this section are present in the buildings or on the grounds of the institution.</text>
      </level>
    </level>
    <level label="e">
      <text>A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:</text>
      <level label="1">
        <text>Trespasses on the grounds of any public institution of elementary, secondary, or higher education;</text>
      </level>
      <level label="2">
        <text>Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a person designated in subsection (b) of this section as being authorized to deny access to the buildings or grounds of the institution; or</text>
      </level>
      <level label="3">
        <text>Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flower on the grounds of any of these institutions.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="26-103" title_number="26" title_name="Prohibitions and Penalties" subtitle_number="1" subtitle_name="School Security">
    <level label="a">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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 section.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="26-104" title_number="26" title_name="Prohibitions and Penalties" subtitle_number="1" subtitle_name="School Security">
    <level label="a">
      <text>In this section, “school bus driver” means the driver of a school vehicle as defined in § 11–154 of the Transportation Article while employed by or under contract with a local school system.</text>
    </level>
    <level label="b">
      <text>A person may not obstruct, hinder, or interfere with a school bus driver while the school bus driver is engaged in the performance of the school bus driver’s official duties.</text>
    </level>
    <level label="c">
      <text>Any person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 1 year, or both.</text>
    </level>
  </section>
</subtitle>