# Education (GED)

## Title 7. Public Schools

### Subtitle 3. Attendance and Discipline of Students

#### Section 7-301

(a) This section does not apply to a child under the age of 18 years who:

  (1) Has obtained a Maryland high school diploma, an equivalent out-of-state high school diploma, or a GED;

  (2) Is a student with disabilities and has completed the requirements for a Maryland high school certificate of completion;

  (3) Is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age;

  (4) Has completed an instruction program under item (3) of this subsection;

  (5) Is severely ill and requires home or hospital instruction;

  (6) Is married;

  (7) Is in military service;

  (8) Is committed by court order to an institution without an educational program;

  (9) Provides financial support to the child's family as documented by a local department of social services;

  (10) Subject to the approval of the county superintendent, has been expelled under Sec. 7-305 of this subtitle;

  (11) Is pregnant or a parent and is enrolled in an alternative educational program;

  (12) Attends an alternative educational program;

  (13) Subject to written parental consent and written agreement with the county board, attends a public school on a part-time basis and attends a private career school as defined under Sec. 10-101 of this article; or

  (14) Is waived from the provisions of this section by the State Superintendent.

(a-1)

  (1) Except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 18 shall attend a public school regularly during the entire school year.

  (2) In accordance with regulations of the State Board of Education, a child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child's parent or guardian files a written request with the local school system asking that the child's attendance be delayed due to the child's level of maturity.

  (3) Except as provided in subsection (f) of this section or in regulations of the State Board of Education, each child who resides in this State shall attend a kindergarten program regularly during the school year prior to entering the first grade unless the child is otherwise receiving regular, thorough instruction in the skills and studies usually taught in a kindergarten program of a public school.

(b) A county superintendent, school principal, or an individual authorized by the county superintendent or principal may excuse a student for a lawful absence.

(c) Each person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section.

(d)

  (1) This section applies to any child who has a mental, emotional, or physical handicap.

  (2) This section does not apply to a child:

    (i) Whose mental, emotional, or physical condition makes the child's instruction detrimental to the child's progress; or

    (ii) Whose presence in school presents a danger of serious physical harm to others.

  (3) With the advice of the school principal, supervisor, pupil personnel supervisor, or visiting teacher and with the written recommendation of a licensed physician or a State Department of Education certified or licensed psychologist, the county superintendent may:

    (i) Make other appropriate provisions for the free education of any student excepted from attendance under paragraph (2) of this subsection; or

    (ii) Permit the parents or guardians of that student to withdraw the child from public school, for as long as the attendance of the child in a public school would be detrimental to the child's progress or the child's presence in school would present a danger of serious physical harm to others.

  (4) If a child is withdrawn from a public school under this subsection, the county board shall make other appropriate provisions for the education of the child.

  (5) If an appropriate educational placement is not available immediately, the county board shall make interim provisions for the education of the child until an appropriate placement becomes available.

(e)

  (1) Any person who induces or attempts to induce a child to be absent unlawfully from school or employs or harbors any child who is absent unlawfully from school while school is in session is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

  (2) Any person who has legal custody or care and control of a child who is 5 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and:

    (i) For a first conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 3 days, or both; and

    (ii) For a second or subsequent conviction is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 5 days, or both.

  (3) In addition to the penalties provided under paragraph (2) of this subsection, the court may order a person convicted under paragraph (2) of this subsection to perform community service.

  (4)

    (i) For a person with legal custody or care and control of a child at the time of an alleged violation of this section, it is an affirmative defense to a charge under this section that the person made reasonable and substantial efforts to see that the child attended school as required by law but was unable to cause the child to attend school.

    (ii) If the court finds the affirmative defense is valid, the court shall dismiss the charge under this section against the defendant.

  (5)

    (i) As to any sentence imposed under this section, the court may suspend the fine or the prison sentence and establish terms and conditions that would promote the child's attendance.

    (ii) The suspension authority provided for under subparagraph (i) of this paragraph is in addition to and not in limitation of the suspension authority under Sec. 6-221 of the Criminal Procedure Article.

(e-1)

  (1) This subsection applies only:

    (i) In a county in which the circuit administrative judge has established a Truancy Reduction Pilot Program under Sec. 3-8C-02 of the Courts Article; and

    (ii) To the extent that funds are provided in an annual State budget for a Truancy Reduction Pilot Program.

  (2) A charge under this section may be filed in the juvenile court and assigned to a truancy docket for disposition under Title 3, Subtitle 8C of the Courts Article.

  (3) The court may condition marking a charge under this section stet on participation of the defendant in the appropriate Truancy Reduction Pilot Program under Title 3, Subtitle 8C of the Courts Article.

(f) A child may be exempted from attending kindergarten if a parent or guardian of the child files a written request with the local school system and verifies that the child is enrolled:

  (1) Full time in a licensed child care center;

  (2) Full time in a registered family child care home; or

  (3) Part time in a Head Start 5 year old program.

(g) Subject to data being available through the Maryland Longitudinal Data System established under Sec. 24-702 of this article and except as otherwise provided in this section, a child under the age of 18 years shall return to attendance at a public school regularly during the school year as required by this section, if the child:

  (1) Is no longer participating in GED courses; and

  (2) Has not obtained a passing score on the GED test that resulted in the issuance of a Maryland high school diploma.

#### Section 7-301.1

(a) A student's absence due to a student's pregnancy or parenting needs is a lawful absence as provided under this section.

(b) Each county board shall develop a written attendance policy for pregnant and parenting students that, at a minimum, meets the requirements of this section.

(c)

  (1) The policy developed under subsection (b) of this section shall:

    (i) Excuse all absences due to pregnancy- or parenting-related conditions, including absences for:

      (1) Labor;

      (2) Delivery;

      (3) Recovery; and

      (4) Prenatal and postnatal medical appointments;

    (ii) Provide at least 10 days of excused absences for a parenting student after the birth of the student's child;

    (iii) Excuse any parenting-related absences due to an illness or a medical appointment of the student's child, including up to 4 days of absences per school year for which the school may not require a note from a physician;

    (iv) Excuse any absence due to a legal appointment involving the pregnant or parenting student that is related to family law proceedings, including adoption, custody, and visitation; and

    (v) Excuse any parenting-related absence from a class due to use of a lactation space to nurse or express breast milk.

  (2) In addition to home and hospital services, the school may allow the student to:

    (i) Make up the work that the student missed in a time period that equals at least as many days that the student was absent; and

    (ii) Choose one of the following alternatives to make up work that the student missed:

      (1) Retake a semester;

      (2) Participate in an online course credit recovery program; or

      (3) Allow the student 6 weeks to continue at the same pace and finish at a later date.

  (3) Each county board shall publish its written attendance policy for pregnant and parenting students on the county board's website.

#### Section 7-301.2

Notwithstanding any other provision of law, a county board may count toward high school attendance the time an apprentice or youth apprentice spends during work-based training with an employer under a registered apprenticeship program. 

#### Section 7-301.3

(a) The Department and each county board shall adopt an attendance policy for public school students that:

  (1) Treats an absence due to a student's behavioral health needs the same as an absence due to illness or another somatic health need; and

  (2) If the policy requires a note from a health care provider to excuse an absence, authorizes an appropriate health care provider licensed or certified under the Health Occupations Article to provide a note to excuse the absence.

(b) If a student or the student's parent or guardian notifies a public school that the student's absence was due to a behavioral health need, the school shall provide information to the student or the student's parent or guardian about school or community behavioral health resources that are available to the student.

(c) A county board may adopt policies and procedures to carry out the requirements of this section.

#### Section 7-301.4

(a) In this section, "legislative body" means an entity that:

  (1) Meets to set or carry out public policy;

  (2) Is subject to the Open Meetings Act; and

  (3) Consists of members who are elected or appointed by the Governor or a local executive authority.

(b)

  (1) The student attendance policy of a county board shall include a provision allowing an excused or discretionary absence for a public school student participating in civic engagement activities.

  (2) Civic engagement activities shall include:

    (i) Testifying virtually or in person at a hearing of a legislative body;

    (ii) Meeting with members of a legislative body;

    (iii) Contributing to the consideration, development, or implementation of policy issues; and

    (iv) Participating in the Maryland General Assembly Page Program.

  (3) If the attendance policy requires a note to excuse an absence, the policy shall authorize an appropriate representative to provide a note or reasonable documentation to excuse the student's absence.

(c) A county board shall adopt policies and procedures to carry out the requirements of this section.

#### Section 7-302

(a) 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) 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 Sec. 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 Sec. 3-8A-19(d)(6) of the Courts Article.

(c) 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.

#### Section 7-302.1

To the extent possible, the appropriate representative of a county board shall provide to each individual who no longer attends a public high school in the county and has not obtained a high school certificate or diploma:

(1) Information concerning alternative education programs; and

(2) GED program requirements and testing locations.

#### Section 7-302.2

(a) In this section, "truant student" means a student:

  (1) Who is unlawfully absent from school for more than:

    (i) 8 days in any quarter;

    (ii) 15 days in any semester; or

    (iii) 20 days in a school year; and

  (2) Whose absences for purposes of item (1) of this subsection are unlawful absences as defined by regulation.

(b) Each county board shall develop a system of active intervention for truant students.

(c)

  (1) Each truant student attending kindergarten through 12th grade shall immediately be referred to the county board's system of active intervention developed under this section.

  (2) This section does not prohibit a county board from intervening in the case of a student who is frequently absent from school for both lawful and unlawful purposes, but is not a truant student.

#### Section 7-303

(a)

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

  (2) "Criminal organization" has the meaning stated in Sec. 9-801 of the Criminal Law Article.

  (3) "Law enforcement agency" means the law enforcement agencies listed in Sec. 3-101(e) of the Public Safety Article.

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

  (5) "Local superintendent" means:

    (i) The county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator; or

    (ii) The superintendent of schools for the:

      (1) Archdiocese of Baltimore;

      (2) Archdiocese of Washington; and

      (3) Catholic Diocese of Wilmington.

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

    (i) Occurred off school premises;

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

    (iii) Involved any of the following:

      (1) A crime of violence, as defined in Sec. 14-101 of the Criminal Law Article;

      (2) Any of the offenses enumerated in Sec. 3-8A-03(d)(4) of the Courts Article;

      (3) A violation of Sec. 4-101, Sec. 4-102, Sec. 4-203, or Sec. 4-204 of the Criminal Law Article;

      (4) A violation of Sec. 5-602, Sec. 5-603, Sec. 5-604, Sec. 5-605, Sec. 5-606, Sec. 5-607, Sec. 5-608, Sec. 5-608.1, Sec. 5-609, Sec. 5-612, Sec. 5-613, Sec. 5-614, Sec. 5-617, Sec. 5-618, Sec. 5-627, or Sec. 5-628 of the Criminal Law Article;

      (5) A violation of Sec. 4-503, Sec. 9-504, or Sec. 9-505 of the Criminal Law Article;

      (6) A violation of Sec. 6-102, Sec. 6-103, Sec. 6-104, or Sec. 6-105 of the Criminal Law Article;

      (7) A violation of Sec. 9-802 or Sec. 9-803 of the Criminal Law Article;

      (8) A violation of Sec. 3-203 of the Criminal Law Article;

      (9) A violation of Sec. 6-301 of the Criminal Law Article;

      (10) A violation of Sec. 9-302, Sec. 9-303, or Sec. 9-305 of the Criminal Law Article;

      (11) A violation of Sec. 7-105 of the Criminal Law Article;

      (12) A violation of Sec. 6-202 of the Criminal Law Article; or

      (13) A violation of Sec. 10-606 of the Criminal Law Article.

  (7) "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.

  (8)

    (i) "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.

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

  (9) "Student" means an individual enrolled in a public school system or nonpublic school in the State who is 5 years of age or older and under 22 years of age.

(b) 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:

    (i) The local superintendent;

    (ii) The school principal; and

    (iii) 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) The State's Attorney shall promptly notify either the local superintendent or the school principal of the disposition of the reportable offense required to be reported under subsection (b) of this section.

(d) Except by order of a juvenile court or other court upon good cause shown, the information obtained by an individual pursuant to subsections (b) and (c) of this section:

  (1) Is confidential and may not be redisclosed by subpoena or otherwise except as provided pursuant to subsections (e) and (f) of this section; and

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

(e)

  (1) Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local superintendent or school principal from transmitting the information obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local superintendent of another public school system in the State or another nonpublic school in the State in which the student has enrolled or been transferred in order to carry out the purposes of this section 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.

  (2) A local superintendent or school principal who transmits information about a student under this subsection shall include in the transmittal information regarding any educational programming and related services provided to the student.

(f) The State Board shall adopt regulations to ensure that information obtained by a local superintendent, a school principal, or a school security officer under subsections (b), (c), and (e) of this section is:

  (1) Used to provide appropriate educational programming and related services to the student and to maintain a safe and secure school environment for students and school personnel;

  (2) Transmitted only to school personnel of the school in which the student is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; and

  (3) Destroyed when the student graduates or otherwise permanently leaves school or turns 22 years old, whichever occurs first.

(g)

  (1) Except as otherwise provided in paragraph (2) of this subsection, 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.

(h) Nothing in this section is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means other than that set forth in subsections (b), (c), and (e) of this section.

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

(j)

  (1) On or before December 30 each year, the Department, in accordance with State and federal privacy laws, shall submit to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly a report that includes the following information about each reportable offense for which a local school received information under subsection (b) of this section in the preceding school year:

    (i) The nature of the reportable offense;

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

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

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

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

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

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

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

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

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

    (ix) 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.

  (2) Each county board and public school shall provide the Department with any information necessary to issue its report in accordance with this section.

(k) If a student is removed or excluded from the student's regular school program for a reportable offense, the principal or county superintendent shall invite the student's attorney, if the student has an attorney, to participate in the conference between the student or the student's parent or guardian and the principal or county superintendent, and the manifestation determination review, if applicable.

#### Section 7-303.1

(a) In this section, "school principal" means the principal of a public or nonpublic school, or a designee of the principal who is an administrator.

(b) A school principal may make a report to any relevant law enforcement agency if, after an investigation is completed, the school principal has reason to believe that a student has engaged in conduct that constitutes an offense under:

  (1) Sec. 3-201 of the Criminal Law Article (assault in the first degree);

  (2) Sec. 3-202 of the Criminal Law Article (assault in the second degree);

  (3) Sec. 3-805 of the Criminal Law Article (misuse of electronic communication or interactive computer service); or

  (4) Sec. 3-809 of the Criminal Law Article (revenge porn).

#### Section 7-304

(a) The purpose of this section is to require each county board of education to provide a continuum model of prevention and intervention activities and programs that encourage and promote positive behavior and reduce disruption.

(b) Each county board of education and the Board of School Commissioners of Baltimore City shall establish special programs in the county and Baltimore City for students in the public school system who exhibit disruptive classroom behavior.

(c) Two or more county boards may establish special programs for their joint use.

#### Section 7-304.1

(a) In this section, "positive behavioral interventions and support program" means the research-based, systems approach method adopted by the State Board to build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn.

(b)

  (1) Subject to paragraph (3) of this subsection, each county board shall require an elementary school that has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection to implement:

    (i) A positive behavioral interventions and support program; or

    (ii) An alternative behavior modification program in collaboration with the Department.

  (2) An elementary school is subject to this subsection if it has a suspension rate that exceeds:

    (i) 18 percent of its enrollment for the 2005-2006 school year;

    (ii) 16 percent of its enrollment for the 2006-2007 school year;

    (iii) 14 percent of its enrollment for the 2007-2008 school year;

    (iv) 12 percent of its enrollment for the 2008-2009 school year; and

    (v) 10 percent of its enrollment for the 2009-2010 school year and each school year thereafter.

  (3) An elementary school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its existing program if it has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection.

(c)

  (1) Subject to paragraph (3) of this subsection, each county board shall require a school that has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection to implement:

    (i) A positive behavioral interventions and support program; or

    (ii) An alternative, research-based, positive, and effective behavior modification program in collaboration with the Department.

  (2) A school is subject to this subsection if it has a truancy rate that exceeds:

    (i) 8 percent of its enrollment for the 2008-2009 school year;

    (ii) 6 percent of its enrollment for the 2009-2010 school year;

    (iii) 4 percent of its enrollment for the 2010-2011 school year;

    (iv) 2 percent of its enrollment for the 2011-2012 school year; and

    (v) 1 percent of its enrollment for the 2012-2013 school year and each school year thereafter.

  (3) A school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its program if it has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection.

(d) The State Board shall adopt regulations to implement the provisions of this section.

#### Section 7-305

(a)

  (1) Except as provided in subsection (b) of this section and Sec. 7-305.1 of this subtitle, in accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal.

  (2) The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period.

  (3) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with Sec. 7-310 of this subtitle.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled from school solely for attendance-related offenses.

  (2) Paragraph (1) of this subsection does not apply to in-school suspensions for attendance-related offenses.

(c) Except as provided in Sec. 7-305.1 of this subtitle, at the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student.

(d)

  (1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent.

  (2) The county superintendent or the county superintendent's designated representative promptly shall make a thorough investigation of the matter.

  (3) If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent's designated representative promptly shall arrange a conference with the student and his parent or guardian.

  (4) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with Sec. 7-310 of this subtitle.

  (5) If after the conference the county superintendent or the county superintendent's designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student's parent or guardian may:

    (i) Appeal to the county board within 10 days after the determination;

    (ii) Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under Sec. 6-203 of this article; and

    (iii) Bring counsel and witnesses to the hearing.

  (6) 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 board.

  (7) The appeal to the county board does not stay the decision of the county superintendent.

  (8) The decision of the county board is final.

(e)

  (1) Any student expelled or suspended from school:

    (i) Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and

    (ii) May not participate in school sponsored activities.

  (2) The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian.

  (3) Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

  (4)

    (i) If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian.

    (ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher's classroom.

  (5) A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion.

  (6) A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information.

(f)

  (1) In this subsection, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921.

  (2) Except as provided in paragraph (3) of this subsection, if the county superintendent or the superintendent's designated representative finds that a student has brought a firearm onto school property, the student shall be expelled for a minimum of 1 year.

  (3) The county superintendent may specify, on a case by case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the county board, for a student who has brought a firearm onto school property.

  (4) The State Board shall adopt regulations to implement this subsection.

(g)

  (1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, or removal or exclusion of the child from the child's regular school program for more than ten consecutive school days for a reportable offense, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code, including the requirements related to a manifestation determination.

  (2) If a child with a disability is being considered for suspension or expulsion, the child or the child's parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board.

(h) The provisions of this section apply to a student regardless of the cause for which a student is being disciplined, including any removal or exclusion of a student from the student's regular school program arising out of a reportable offense under Sec. 7-303 of this subtitle.

(i)

  (1) This subsection does not apply if the student is referred to the Department of Juvenile Services.

  (2) If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian and any other appropriate person, the principal shall require the student or the student's parent to make restitution.

  (3) The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student's assignment to a school work project, or both.

#### Section 7-305.1

(a)

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

  (2) "Prekindergarten program" means:

    (i) Any qualified vendor of prekindergarten services as defined in Sec. 7-101.2(a)(7) of this title; or

    (ii) A prekindergarten program as defined in Sec. 7-1A-01 of this title.

  (3) "Restorative practices" means practices conducted in a whole-school ethos or culture that supports peacemaking and solves conflict by building a community and addressing harm in a school setting and that:

    (i) Are conducted by trained staff;

    (ii) Focus on repairing the harm to the community through dialogue that emphasizes individual accountability; and

    (iii) Help build a sense of belonging, safety, and social responsibility in the school community.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a student enrolled in a prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school.

  (2) A student described under paragraph (1) of this subsection may only be:

    (i) Expelled from school if required by federal law; or

    (ii) Suspended for not more than 5 school days if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports.

  (3) The principal or school administration shall promptly contact the parent or guardian of a student suspended or expelled under paragraph (2) of this subsection.

(c)

  (1) The school shall provide intervention and support to address the student's behavior if the student is:

    (i) Suspended under subsection (b) of this section; or

    (ii) Enrolled in prekindergarten, kindergarten, first grade, or second grade and:

      (1) Is disruptive to the school environment; or

      (2) Commits an act that would be considered an offense subject to suspension but for the student's grade.

  (2) Intervention and support provided under paragraph (1) of this subsection includes:

    (i) Positive behavior interventions and supports;

    (ii) A behavior intervention plan;

    (iii) A referral to a student support team;

    (iv) A referral to an individualized education program team; and

    (v) A referral for appropriate community-based services.

(d) The school system shall remedy the impact of a student's behavior through appropriate intervention methods that may include restorative practices.

(e) On or before May 1, 2018, the Department shall adopt regulations to carry out the requirements of this section.

#### Section 7-306

(a)

  (1) In this section, "restorative practices" means a communally and culturally responsive, 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 practices" 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) Personal accountability.

(b) 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) 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 practices, including technical assistance in becoming a Restorative Practices School in accordance with Sec. 7-306.1 of this subtitle; and

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

(d)

  (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 practices, 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)

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

  (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.

#### Section 7-306.1

(a)

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

  (2) "Restorative practices" has the meaning stated in Sec. 7-306 of this subtitle.

  (3) "Restorative Practices School" means a public school that integrates restorative practices into daily practices and activities of the whole school.

(b)

  (1) On or before July 1, 2026, the Department shall develop a comprehensive plan for the establishment of Restorative Practices Schools.

  (2) In developing a comprehensive plan, the Department shall consult with and seek insight from:

    (i) Educators and administrators who have effectively established and operated schools that integrate restorative practices into the daily practices and activities of the whole school; and

    (ii) State and national organizations that have studied the effective use of restorative practices and have established the most appropriate methods of integrating restorative practices in the school setting.

(c) The comprehensive plan required under subsection (b) of this section shall:

  (1) Provide a framework for local school systems to identify school personnel qualified to provide initial restorative practices training as restorative practices coaches to other school staff;

  (2) Establish model training material in restorative practices for personnel identified under item (1) of this subsection to use in training other school staff in a manner that results in restorative practices being integrated into schoolwide practices and activities;

  (3) Establish standards for when a school may be designated a Restorative Practices School; and

  (4) Develop the intended outcomes and performance metrics that the use of restorative practices are designed to achieve, including improvements in the following areas:

    (i) Student conduct that leads to disciplinary actions, including student office referrals, suspensions, expulsions, and school arrests;

    (ii) Student absenteeism and truancy;

    (iii) Rates of teacher turnover and absenteeism;

    (iv) Relevant mental health indicators; and

    (v) School climate indicators.

(d) If a county board chooses to establish a Restorative Practices School within the local school system, the county board shall use the comprehensive plan developed by the Department.

#### Section 7-307

(a)

  (1) A principal, teacher, school security guard, or other school system personnel in any public school may take reasonable action necessary to prevent violence on school premises or on a school-sponsored trip, including intervening in a fight or physical struggle that takes place in his or her presence, whether the fight is among students or other individuals.

  (2) The degree and force of the intervention may be as reasonably necessary to prevent violence, restore order and to protect the safety of the combatants and surrounding individuals.

(b) A principal, teacher, school security guard, or other school system personnel who is hurt while taking preventive action or intervening in a fight under this section:

  (1) Shall be compensated by the county board for any necessary medical expenses that result directly from the preventive action or intervention; and

  (2) May not lose any compensation for time lost from school duties that results directly from the preventive action or intervention, but compensation may be reduced by any payments made under the Maryland Workers' Compensation Act.

(c) In any suit, claim, or criminal charge brought by a parent or other claimant of one of the combatants against the principal, teacher, school security guard, or other school system personnel because of the preventive action or intervention, the county board:

  (1) Shall provide legal counsel for the principal, teacher, school security guard, or other school system personnel or may provide reimbursement for the reasonable expenses of the legal defense of any criminal charge if the county board considers it appropriate; and

  (2) Shall save the principal, teacher, school security guard, or other school system personnel harmless from any award or decree against him.

#### Section 7-308

(a) A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.

(b)

  (1) Subject to the provisions of paragraph (2) of this subsection, a county board may authorize a teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the teacher has a reasonable belief that the student has in the student's possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.

  (2) To qualify to conduct a search under this subsection, a teacher shall be designated in writing by a principal and receive training to conduct a search commensurate with the training received by a principal.

(c) A search under subsection (a) or (b) of this section shall be made in the presence of a third party.

(d)

  (1) A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances including the lockers of students.

  (2) The right of the school official to search the locker shall be announced or published previously in the school.

(e) The Department shall adopt rules and regulations relating to the searches permitted under this section.

#### Section 7-309

(a)

  (1) In this section, "residential child care program" means a program that:

    (i) Provides care for children 24 hours a day within a structured set of services and activities designed to achieve objectives related to the needs of the children served; and

    (ii) Is licensed by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.

  (2) A "residential child care program" includes:

    (i) Group homes;

    (ii) Alternative living units; and

    (iii) Emergency shelter care.

(b) Each licensed operator of a residential child care program who has legal custody or care and control of a child who is at least 5 years old and under the age of 16 years and receives State funding as provided in Sec. 5-526 of the Family Law Article:

  (1) Shall enroll the child in the local school system where the residential child care program is located unless the residential child care program operates an approved educational program in accordance with the licensing regulations that govern the residential child care program;

  (2) Shall expeditiously initiate and monitor the transfer of the academic records of a child in the operator's care from the transferring school to insure that the academic records are transferred to the school that the child will be attending while living in the operator's care;

  (3)

    (i) May request a meeting with the child's teachers; and

    (ii) Shall meet the child's teachers at the time of enrollment and at any other time the school or a teacher requests; and

  (4) Shall sign the child's report card, insure that the report card is returned to school, and include a copy of the report card in the child's case record.

#### Section 7-310

(a) Each county board shall develop and disseminate to each public school within the county board's jurisdiction a community resources list.

(b) The community resources list may include the name and contact information of local and statewide social services and nonprofit health care providers that provide nondiscriminatory services to children and families in need of assistance.

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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)