<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12-1" citation="COMAR 13A.08.01.12-1" title_num="13A" subtitle_num="08" chapter_num="01" heading="Bringing or Possessing a Firearm on School Property.">
  <paragraph num="A.">
    <text>In this regulation, the following terms have the meanings indicated:</text>
    <paragraph num="(1)">
      <text>“Alternative educational setting” means an alternative education program that allows the student to continue the student's education within the public school system and, if in a secondary school, the opportunity to earn credit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Expulsion” means at a minimum the removal of a student from the student's regular school program.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Firearm” means a weapon as defined in 18 U.S.C. §921.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“School property” means buildings, land that surrounds the buildings, and vehicles, that are owned or leased by a local school system.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Year” means a calendar year of 12 months.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>General Provisions.</text>
    <paragraph num="(1)">
      <text>Except as provided in §B(2) of this regulation, if the local superintendent or designee finds that a student has brought a firearm onto school property or to a school-sponsored activity or has possessed a firearm on school property or at a school-sponsored activity, the student shall be expelled for a minimum of 1 year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local superintendent may specify in writing, 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 local board, for a student who has brought a firearm onto school property or to a school-sponsored activity or has possessed a firearm on school property or at a school-sponsored activity.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Nothing in this regulation applies to a firearm:</text>
      <paragraph num="(a)">
        <text>That is lawfully stored inside a locked vehicle on school property; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For activities approved and authorized by the local school system, if the local school system adopts appropriate safeguards to ensure student safety.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Students with Disabilities. An identified student with disabilities who brings a firearm onto school property or to a school-sponsored activity or who possesses a firearm on school property or at a school-sponsored activity may be suspended or expelled in accordance with the procedures set out in Education Article, §7-305, Annotated Code of Maryland, and COMAR 13A.08.03.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Administrative Procedures.</text>
    <paragraph num="(1)">
      <text>Annually by August 1, each local school system shall provide the State Board of Education with a report that includes:</text>
      <paragraph num="(a)">
        <text>Written certification that the local school system is in compliance with the requirements of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A description of the circumstances surrounding any expulsions imposed under State law as required by §B(1) of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The name of the school where each incident took place;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The type of firearm involved;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The disposition of each case, including the number of students:</text>
        <paragraph num="(i)">
          <text>Expelled from each school, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Placed in alternative educational settings; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>A description of alternative educational settings used in compliance with this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Nothing in this regulation precludes a local school system from developing or applying more stringent regulations and procedures.</text>
  </paragraph>
</regulation>