Chapter 01. General Regulations

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Regulation .01 Attendance.Link Copy Citation

Who Shall Attend. 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 unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age, or the child is exempted under Regulation .02-2A of this chapter.

A child who resides in this State shall attend a public or nonpublic kindergarten program regularly during the school year before entering the first grade unless the child is enrolled in an alternative program as specified in Regulation .02-2B of this chapter or is receiving home instruction as provided in COMAR 13A.10.01.

A child who resides in this State and attends a nonpublic kindergarten program for part of the year may transfer to a public kindergarten if the child meets the minimum age requirement for admission to a public school kindergarten program, as set forth in Regulation .02B(2) of this chapter.

Students shall be considered in attendance at school when participating in school-sponsored activities during the school day, and when that participation is approved by the local superintendent of schools or the school principal, or their designees. Students shall be considered in attendance in an alternative program setting when participating in activities during the day sponsored by the alternative program, and when that participation is approved by the director of a licensed child care center, registered family day care home, or Head Start 5-year-old program.

Daily Attendance Record. A record of the daily attendance of each student shall be kept in accordance with regulations of the State Board of Education and the Maryland Student Records System Manual 2020, which is incorporated by reference in COMAR 13A.08.02.01.

Regulation .02 Age for School Attendance.Link Copy Citation

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Prekindergarten.

(1)

Beginning with the 2002—2003 school year through the 2004—2005 school year, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on:

(a)

November 30, 2002, if the child applies for entrance for the 2002—2003 school year;

(b)

October 31, 2003, if the child applies for entrance for the 2003—2004 school year; and

(c)

September 30, 2004, if the child applies for entrance for the 2004—2005 school year.

(2)

Beginning with the 2005—2006 school year and each school year thereafter, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on September 1 of the school year in which the child applies for entrance.

(3)

The local board of education shall adopt a regulation permitting a 3-year-old child, upon request by the parent or guardian, to be admitted to prekindergarten if the local superintendent of schools or the superintendent's designee certifies that the child is eligible under COMAR 13A.06.02 and has demonstrated educational needs warranting early admission.

Kindergarten.

(1)

Beginning with the 2003—2004 school year through the 2005—2006 school year, a child admitted to the kindergarten program in the public schools shall be 5 years old or older on:

(a)

November 30, 2003, if the child applies for entrance for the 2003—2004 school year;

(b)

October 31, 2004, if the child applies for entrance for the 2004—2005 school year; and

(c)

September 30, 2005, if the child applies for entrance for the 2005—2006 school year.

(2)

Beginning with the 2006—2007 school year and each school year thereafter, a child admitted to the kindergarten program in the public schools shall be 5 years old or older on September 1 of the school year in which the child applies for entrance.

(3)

The local board of education shall adopt a regulation permitting a 4-year-old child, upon request by the parent or guardian, to be admitted to kindergarten if the local superintendent of schools or the superintendent's designee determines that the child demonstrates capabilities warranting early admission. The regulation shall include a provision for promotion of the 5-year-old child to first grade if the local superintendent or the superintendent's designee determines that the child demonstrates capabilities warranting promotion to first grade.

First Grade.

(1)

Beginning with the 2004—2005 school year through the 2006—2007 school year, a child admitted to the first grade in the public schools shall be 6 years old or older on:

(a)

November 30, 2004, if the child applies for entrance for the 2004—2005 school year;

(b)

October 31, 2005, if the child applies for entrance for the 2005—2006 school year; and

(c)

September 30, 2006, if the child applies for entrance for the 2006—2007 school year.

(2)

Beginning with the 2007—2008 school year and each school year thereafter, a child admitted to the first grade in the public schools shall be 6 years old or older on September 1 of the school year in which the child applies for entrance.

(3)

The local board of education shall adopt a regulation permitting a 5-year-old child, upon request of the parent or guardian, to be admitted to the first grade if the local superintendent of schools or the superintendent's designee determines that the child has demonstrated capabilities warranting early admission.

Regulation .02-1 Definitions.Link Copy Citation

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In Regulation .02-2 of this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Full-time in a licensed child care center” means the child is enrolled in the child care center only and does not attend any other kindergarten program.

(2)

“Full-time in a registered family day care home” means the child is cared for by the family day care provider only and does not attend any other kindergarten program.

(3)

“Part-time in a Head Start 5-year-old program” means the child is enrolled in the Head Start program and may or may not be enrolled in another child care program.

Regulation .02-2 Exemptions to Kindergarten Attendance Requirement.Link Copy Citation

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Level of Maturity Waiver.

(1)

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 believes that a delay in school attendance is in the best interest of the child and the parent or guardian files a written request with the local superintendent of schools asking that the child's attendance be delayed due to the child's level of maturity.

(2)

A written request for a 1-year exemption from mandatory attendance for a 5-year-old shall be filed with the local superintendent of schools or the superintendent's designee before the opening of school of the year in which the child becomes 5 years old.

(3)

After a child is enrolled in kindergarten, a parent or guardian may file a written request to withdraw the child from the program and delay attendance until the following school year if the parent or guardian believes it is in the best interest of the child.

(4)

The local school system shall approve the request for delay or withdrawal in writing within 5 working days from date of receipt.

(5)

The local school system shall report to the State Department of Education, on forms provided by the State Department of Education, information on the number of 5-year-old children for whom requests have been received.

Alternative Program Settings.

(1)

A child may be exempted from attending kindergarten if a parent or guardian of the child files in writing their intent to place the child in an alternative setting and verifies that the child is enrolled:

(a)

Full-time in a licensed child care center;

(b)

Full-time in a registered family day care home; or

(c)

Part-time in a Head Start 5-year-old program.

(2)

A parent or guardian who elects to enroll a child full-time in a licensed child care center, full-time in a family day care home, or part-time in a Head Start 5-year-old program shall file their intent to enroll the 5-year-old child in an alternative program with the local school system before the opening of school of the year in which the child becomes 5 years old. The parent or guardian shall verify enrollment by providing the following information:

(a)

Name of program;

(b)

Address of facility location; and

(c)

License or registration number and expiration date.

(3)

A parent or guardian of a child who attended an alternative program shall register the child for first grade before the opening of school of the year in which the child becomes 6 years old and shall provide documentation showing proof of attendance in the alternative program setting. Documentation includes:

(a)

Date child was enrolled; and

(b)

Number of days child was absent.

(4)

Program directors/providers who enroll a 5-year-old child full-time in a licensed child care center, full-time in a family day care home, or part-time in a Head Start 5-year-old program shall furnish the parent or guardian with the documentation as specified in §B(2)—(3) of this regulation.

Non-State Residents. A 5-year-old child who moves into Maryland who has had a kindergarten experience in another state for part of the school year shall be enrolled in kindergarten. A 6-year-old child who moves into Maryland who has not had a kindergarten experience may be enrolled in kindergarten or first grade. The local school system shall determine the appropriate grade placement of a 6-year-old child who moves into Maryland based on a review of the documentation provided by the parent or guardian.

Regulation .02-3 Kindergarten Readiness Assessment.Link Copy Citation

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Statewide Assessment.

(1)

Each school year, each local school system shall administer a Department-approved kindergarten readiness assessment to all incoming kindergarten students that:

(a)

Is racially and culturally unbiased;

(b)

Is administered with the purpose for educators to develop a holistic picture of each child’s readiness for kindergarten and ensure that schools and communities are ready to support a child’s development in all areas; and

(c)

May include an evaluation of:

(i)

Language and literacy skills;

(ii)

Academic knowledge in mathematics, science, and social studies;

(iii)

Physical development; and

(iv)

Social development.

(2)

The Department-approved kindergarten readiness assessment is a diagnostic assessment for educators to develop a

(3)

Except as provided in §A(4) of this regulation, the Department-approved kindergarten readiness assessment may not be administered to an enrolled prekindergarten student.

(4)

The kindergarten readiness assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school-based professional who intends to use the results of the kindergarten readiness assessment as one of several measures for early detection of learning challenges or to make a referral under COMAR 13A.05.01.

Assessment Process.

(1)

Each local school system shall complete the administration of the Department-approved kindergarten readiness assessment no later than October 10 of each school year.

(2)

A local school system may administer:

(a)

A portion of the assessment to students in the local school system during the summer months before kindergarten begins; and

(b)

The remaining portion of the assessment on or before October 10 of the school year.

(3)

The Department shall return to the local school system the aggregate results of the assessment within 45 days after the administration of the assessment.

Consultation with Teachers. Before administering the Department-approved kindergarten readiness assessment, the local school system shall consult with kindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.

Regulation .03 Lawful Absence.Link Copy Citation

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Students presently enrolled in public schools are considered lawfully absent from school, including absence for any portion of the day, only under the following conditions:

Death in the immediate family. The local school system shall determine what relationships constitute the immediate family.

Illness of the student, as follows:

(1)

The principal or a school appointed designee shall require from the parent or guardian:

(a)

A physician’s certificate for a student reported continuously absent for a physical illness or somatic health need; or

(b)

A certificate from an appropriate health care provider licensed or certified under Health Occupations Article, Annotated Code of Maryland, for a student reported continuously absent for a behavioral health need.

(2)

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.

Pregnancy and parenting related conditions as determined by the local school system, including absences due to:

(1)

Labor, delivery, recovery, and prenatal and postnatal medical appointments;

(2)

Illness or a medical appointment of the student’s child; and

(3)

A legal appointment involving the pregnant or parenting student related to family law proceedings, including adoption, custody, and visitation.

Court summons.

Hazardous weather conditions. Hazardous weather conditions shall be interpreted to mean weather conditions which would endanger the health or safety of the student when in transit to and from school.

Work approved or sponsored by the school, the local school system, or the State Department of Education, accepted by the local superintendent of schools or the school principal, or their designees as reason for excusing the students.

Observance of a religious holiday.

State emergency.

Suspension.

Lack of authorized transportation. This does not include students denied authorized transportation for disciplinary reasons.

Other emergency or set of circumstances which, in the judgment of the superintendent or designee, constitutes a good and sufficient cause for absence from school.

Regulation .04 Unlawful Absence.Link Copy Citation

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An absence, including absence for any portion of the day, for any reason other than those cited as lawful are presumed to be unlawful and may constitute truancy. Local school systems may add specified criteria for unlawful absences to local board-approved attendance policies.

Truancy. A truant is a student who is absent without lawful cause as defined in Regulation .03, of this chapter, from the attendance for a school day or portion of it.

Habitual Truant. A student is an habitual truant if the student is unlawfully absent from school for a number of days or portion of days in excess of 20 percent of the school days within any marking period, semester, or year. A local school system has the prerogative of defining habitual truancy in a more but not less stringent manner (for example, unlawful absences in excess of 15 percent of the school days).

Regulation .05 Student Attendance Policy.Link Copy Citation

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Definitions. In this regulation, the following terms have the meanings indicated.

(1)

“Chronic absence” means a student has been enrolled in a school for at least 10 days and has missed 10 percent or more of the school days for any lawful or unlawful reason while enrolled at that school.

(2)

Chronic Absenteeism.

(a)

“Chronic absenteeism” means a student has been in membership in a school for at least 10 days and is absent 10 percent or more of the school days while enrolled at that school.

(b)

A student can be counted as chronically absent in multiple schools, within the State, in the same year.

(3)

“Day of attendance” means a student is attending an instructional program approved by the State, local school system or school for greater than half the school day.

(a)

A student is “present” or “attending” if the student is attending an instructional program by the State, local school system, and/or school as defined in Regulation .01D of this chapter; or

(b)

A student is physically on school grounds or is participating in instruction or instruction-related activities at an approved off-grounds location as defined in Regulation .01D of this chapter.

(4)

“Multi-Tiered System of Supports (MTSS)” means a proactive and preventative framework that aims to foster growth and success by ensuring all students receive equitable academic, behavioral, and social-emotional support utilizing multiple data points to identify students requiring intervention through three tiers of support.

Each local school system shall develop a student attendance policy which includes the following.

(1)

A general statement dealing with the local school system's purpose and rationale for promoting regular school attendance.

(2)

Reasons for lawful and unlawful absences and tardiness include lawful/unlawful absence as defined in Regulations .03 and .04 of this chapter. Clarification of special situations for unlawful absence may also be identified.

(3)

Standards for regular attendance include minimal requirements for student attendance in order to foster continuity of the instructional program. The standards for school attendance may identify a specific number of excessive or unlawful absences allowed within a marking period, semester, or school year.

(4)

Procedure to verify absences/tardiness includes responsible persons, time limits, and methods of absent/tardy verification.

(5)

Best practices to identify, prevent, and eliminate chronic absenteeism that are culturally responsive and nonpunitive, which may include:

(a)

Conducting an in-depth analysis of qualitative and quantitative data to identify priorities for support;

(b)

Identifying and utilizing a team at the local school system level to oversee the systemwide strategy for attendance improvement;

(c)

Requiring each school to have a team to oversee the school-wide strategies for attendance improvement and reduction of chronic absenteeism;

(d)

Developing and implementing a comprehensive communication plan to communicate the importance of regular student attendance to students and parents or guardians;

(e)

Identifying and addressing common barriers to attendance to determine the best course of action to improve student attendance and reduce chronic absenteeism;

(f)

Engaging in continuous improvement activities using qualitative and quantitative data to determine effective strategies;

(g)

Promoting non-punitive strategies that address the root causes of student absence; and

(h)

Engaging families using positive, proactive, and non-punitive strategies.

(6)

A multi-tiered system of supports that uses evidence-based identification and responsive strategies to ensure high-quality academic, behavioral, and social-emotional supports for all students.

(7)

Penalties for not meeting standards for regular attendance requirements include actions taken by school system staff when a student is unlawfully absent or accumulates an equivalent number of excessive or unlawful absences which exceeds the standard for regular school attendance. The penalties should be identified, and should reflect a continuum of excessive or unlawful absences.

(8)

Make-up work requirements include classroom teacher and student responsibility, time limits, and grading policy for make-up work. Make-up work requirements may also involve a procedure for completing class work in advance of an absence wherever possible.

(9)

Attendance-monitoring procedure includes:

(a)

Record-keeping format to comply with State attendance reporting requirements;

(b)

Intervention strategies and procedures for dealing with absenteeism at the beginning stages of the problem as well as chronic absenteeism; and

(c)

A referral process to pupil services or other central office professionals for case management of chronic attendance cases.

(10)

Reward process includes an identified motivational program to reward regular school attendance.

(11)

Information dissemination includes methods for informing school staff, students, parents, and community members of attendance policy requirements.

(12)

Appeals process includes specific due process procedures for appealing attendance violation decisions at the school and central office level.

(13)

Legal foundation includes citations of legal authority for attendance policy development and implementation.

Each local school system shall:

(1)

Review its student attendance data at least annually;

(2)

Publicly post the most recent student attendance policy on the local school system’s website; and

(3)

Require each school within the local school system to include the most recent student attendance policy on the school’s website and in the school’s student handbook.

The Department will collect data on student attendance to support local school systems in the development and implementation of local student attendance policies.

Regulation .06 Repealed.Link Copy Citation

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Regulation .07 Student Withdrawal Status.Link Copy Citation

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The Maryland Pupil Attendance Register prescribes the withdrawal status for students. In general a student will be withdrawn when the student has completed a high school program, transfers to another school, or terminates the student's formal education.

Graduate.

(1)

A graduate is defined as a student who completes the student's program of study at the high school level and satisfies the graduation requirements for a Maryland High School Diploma or the requirements for a Maryland High School Certificate.

(2)

A graduate includes a:

(a)

Student receiving a diploma as a result of the completion of a State-approved regular or alternative secondary school;

(b)

Handicapped student who cannot meet the requirements for a diploma and is awarded a Maryland High School Certificate.

(3)

A graduate does not include a student:

(a)

Leaving school and completing a GED or other State-approved high school equivalency program;

(b)

Completing a program of study and time in grade but not meeting the basic skills testing requirements.

Dropout.

(1)

A student who terminates the student's formal education is a dropout. A dropout is defined as a student who, for any reason other than death, leaves school before graduation or the completion of a Maryland-approved educational program (including a special education program) and is not known to enroll in another school or State-approved program during a current school year.

(2)

A dropout includes a student:

(a)

Who drops out for the reasons as identified in the Maryland Pupil Attendance Register;

(b)

Who leaves school and enters a program not qualifying as an elementary/secondary school;

(c)

Of any age who drops out;

(d)

From special education who drops out.

(3)

A dropout does not include a student:

(a)

Who dies;

(b)

Out of school for temporary periods, for example, extended suspension, reinstatements of expulsion during the school year, or extended illness;

(c)

Who transfers to another public elementary/secondary school, to another State-approved elementary/secondary educational program that continues the student's education, or to a nonpublic elementary/secondary school;

(d)

Transferred to another public institution with an educational program;

(e)

Placed at another grade level.

Nontraditional Graduate.

(1)

A nontraditional graduate is a student who leaves school (terminates/withdraws) but finishes a high school equivalency through the General Educational Development Testing Program or The Adult External Diploma Program.

(2)

A nontraditional graduate includes all completers of a high school equivalency regardless of age.

(3)

A nontraditional graduate does not include any student who has earned the Maryland High School Diploma or Maryland High School Certificate.

Each local school system shall develop and implement a procedure to conduct an educational interview with all students who leave school before graduation, or with their parent or guardian, or all of the above. At a minimum, the interview should encourage the student to remain in the student's current school program or enroll in an alternative school program, verify the reason, or reasons, for a student dropping out of school, and ensure that the parent or guardian is informed.

Regulation .08 Substance Use or Distribution.Link Copy Citation

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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.

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

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.

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.

Regulation .09 Student Organizations.Link Copy Citation

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All student organizations desiring to conduct activities in public school buildings or on public school grounds shall be permitted to conduct these activities only if authorized to do so and shall thereafter be subject to the supervision of the administration and faculty of the school.

Any secret, exclusive, or self-perpetuating organization which seeks to organize and perpetuate itself by taking in members from among the students enrolled in the public schools in which they are students, upon the basis of decision of the membership of the organization, rather than from the free choice of any students in the school who are qualified to fill the special aims of the organization, shall be prohibited from conducting its activities in public school buildings or on public school grounds.

Regulation .10 Guidelines for Students' Responsibilities and Rights.Link Copy Citation

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Each local board of education shall have a document on students' responsibilities and rights.

This document shall conform to guidelines established by the State Board of Education.

The local document shall be disseminated periodically to all members of the school community, including students, teachers, administrators, and parents or guardians.

There shall be broad involvement of representatives of the school community in the review of the document.

Regulation .11 Disciplinary Action.Link Copy Citation

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Local Board Authority. Each local board of education has both the responsibility and authority to adopt policies designed to create safe schools. In the context of school discipline, by the beginning of school year 2014—2015, each local board shall review and revise its student discipline policies and regulations with the goal of maintaining an environment of order, safety, and discipline necessary for effective learning. The policies and regulations at minimum shall:

(1)

Reflect a discipline philosophy based on the goals of fostering, teaching, and acknowledging positive behavior;

(2)

Be designed to keep students connected to school so that they may graduate college and career ready;

(3)

Describe the conduct that may lead to in-school and out-of-school suspension or expulsion;

(4)

Allow for discretion in imposing discipline;

(5)

Address the ways the educational and counseling needs of suspended students will be met; and

(6)

Explain why and how long-term suspensions or expulsions are last-resort options.

Terms Defined. In this regulation, the following terms have the meanings indicated:

(1)

“Confer” means a discussion or dialogue by any means, for example, telephone, electronic mail, or face-to-face meeting, where the views of the teacher are communicated and considered.

(2)

“Expulsion” means the exclusion of the student from the student’s regular school program for 45 school days or longer, which only may occur under the following circumstances:

(a)

The superintendent or designated representative has determined that the student’s return to school prior to the completion of the expulsion period would pose an imminent threat of serious harm to other students or staff;

(b)

The superintendent or designated representative limits the duration of the exclusion to the shortest period practicable; and

(c)

The school system provides the excluded student with comparable educational services and appropriate behavioral support services to promote successful return to the student’s regular academic program.

(3)

“Extended suspension” means the exclusion of a student from a student’s regular program for a time period between 11 and 45 school days, which only may occur under the following circumstances:

(a)

The superintendent or designated representative has determined that:

(i)

The student’s return to school prior to the completion of the suspension period would pose an imminent threat of serious harm to other students and staff; or

(ii)

The student has engaged in chronic and extreme disruption of the educational process that has created a substantial barrier to learning for other students across the school day, and other available and appropriate behavioral and disciplinary interventions have been exhausted.

(b)

The superintendent or designated representative limits the duration of the exclusion to the shortest period practicable; and

(c)

(4)

“In-school suspension” means the removal within the school building of a student from the student's current education program for up to but not more than 10 school days in a school year for disciplinary reasons by the school principal.

(5)

“Long-term suspension” means the removal of a student from school for a time period between 4 and 10 school days for disciplinary reasons by the principal.

(6)

“Principal” means the principal of a school or the principal's designee.

(7)

“Public prekindergarten program” means:

(a)

Any publicly funded prekindergarten program established under Education Article, §7-101.1, Annotated Code of Maryland; or

(b)

Any qualified vendor of prekindergarten services as defined in Education Article, §7-101.2, Annotated Code of Maryland.

(8)

“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:

(a)

Are conducted by trained staff;

(b)

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

(c)

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

(9)

“Short-term suspension” means the removal of a student from school for up to but not more than 3 school days for disciplinary reasons by the principal.

(10)

“Suspension” means the application of extended suspension, in-school suspension, short-term suspension, or long-term suspension.

Suspension and Expulsion.

(1)

Prohibition.

(a)

Except as provided in §C(1)(b) of this regulation, a student enrolled in a public prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school.

(b)

A student described under §C(1)(a) of this regulation may only be:

(i)

Expelled from school if required by federal law; or

(ii)

Suspended for not more than 5 school days per incident 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.

(c)

The principal or school administration shall promptly contact the parent or guardian of a student suspended or expelled under §C(1)(b) of this regulation.

(2)

In-School Suspension.

(a)

An in-school removal is not considered a day of suspension as long as the student is afforded the opportunity to continue to:

(i)

Appropriately progress in the general curriculum;

(ii)

Receive the special education and related services specified on the student's IEP, if the student is a student with a disability in accordance with COMAR 13A.05.01;

(iii)

Receive instruction commensurate with the program afforded to the student in the regular classroom; and

(iv)

Participate with peers as they would in their current education program to the extent appropriate.

(b)

A student may not receive an in-school suspension unless the student has been informed of the reasons for the suspension and has been given an opportunity to respond before the suspension becomes effective.

(c)

The school principal shall provide the student's parents with written notification of the in-school suspension action taken by the school.

(d)

After 10 days of cumulative in-school suspension, the student, the student's parents or guardian, and the principal shall confer.

(e)

The student's school of current enrollment shall make provision for the student's education during the period of in-school suspension.

(f)

Local school systems shall develop policies pertaining to a student's participation in extracurricular activities if the student receives an in-school suspension.

(g)

Local school systems shall develop and implement a behavioral program of positive interventions to address the causes of misbehavior as part of the in-school suspension.

(3)

Suspension for Not More Than 10 Days.

(a)

In accordance with the rules and regulations of the local 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, except as provided in §C(1) of this regulation.

(b)

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.

(c)

At or before the conference, the student shall receive oral or written notice of the charges against him or her. If the student denies the charges, the student has the right to an explanation of the evidence supporting the charges and an opportunity to present the student's side of the story.

(d)

A student whose presence in school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be removed immediately from school, if the notice and conference required by this subsection is provided as soon as possible.

(e)

If the principal finds that an extended suspension or expulsion is warranted, the principal immediately shall report the matter in writing to the local superintendent.

(4)

Suspension for More than 10 Days or Expulsion.

(a)

At the request of a principal, a local superintendent or the designated representative may suspend a student for more than 10 school days or expel the student, except as provided in §C(1) of this regulation.

(b)

Upon receipt of a written report from a principal requesting an extended suspension or expulsion, the local superintendent or designated representative promptly shall make a thorough investigation of the matter.

(c)

If after the investigation the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the superintendent or designated representative promptly shall arrange a conference with the student and the student’s parent or guardian.

(d)

The process described in §C(3)(a)—(c) of this regulation shall be completed by the 10th school day of the initial suspension. If additional time is necessary to complete the process, either because of delays due to parent or guardian unavailability or due to the complexity of the investigation, the student shall be allowed to return to school, unless the local superintendent or designated representative determines that the student’s return to school would pose an imminent threat of serious harm to other students or staff.

(e)

If the student is not allowed to return to school after the 10th day, the superintendent or designee shall notify the student and the parent or guardian within 24 hours and provide the reasons for the delay in the process and the denial of reentry and send a copy of the notice to the State Superintendent of Schools;

(f)

If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the student’s parent or guardian may appeal to the local board within 10 days after the determination.

(g)

If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 days from the date the appeal was received to hear the appeal and issue a decision, as follows:

(i)

This timeline period may be extended if the parent, guardian, or his/her representative requests additional time; and

(ii)

This timeline shall also apply in the event that the local board elects to use a hearing examiner.

(h)

If due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 days, it may petition the State Superintendent for an extension of time.

(i)

The student or the student’s parent or guardian or representative:

(i)

Shall be provided the school system’s witness list and a copy of the documents that the school system will present at the hearing 5 days before hearing; and

(ii)

May bring counsel and witnesses to the hearing.

(j)

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.

(k)

The appeal to the local board does not stay the decision of the county superintendent.

(l)

The decision of the local board is final.

(5)

A student expelled or suspended from school shall remain away from the school premises during those hours each school day when the school the student attends is in session, and may not participate in school-sponsored activities. 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 the student's parent or guardian.

(6)

A student suspended or expelled from school shall be allowed to return to school on the day that the terms and conditions of the suspension or expulsion are met whether or not the student, parent, or guardian has filed an appeal of the suspension.

(7)

If a student has been suspended or expelled, 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.

(8)

If a student's disruptive behavior results in action less than suspension, the principal shall confer with the teacher who referred the student to the principal before returning the student to that teacher's classroom. The principal may satisfy this requirement by consulting with the teacher before returning the student to the classroom.

(9)

A local superintendent may deny attendance to a student who is currently expelled or on extended suspension from another school system for a length of time equal to that expulsion or extended suspension. A school system shall forward information to another school system relating to the discipline of a student, including information of an expulsion or extended suspension of the student, on receipt of the request for information.

Restitution. Unless the student is referred to the Department of Juvenile Services, 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 other appropriate individual, the principal shall require the student or the student's parent or guardian to make restitution. The restitution may be made in the form of monetary restitution not to exceed the lesser of the fair market value of the property, or $2,500, or by the student's assignment to a school work project, or both.

Corporal Punishment. Corporal punishment may not be used to discipline a student in a public school in the State.

Minimum Education Services. In order to establish accountability and keep suspended or expelled students on track with classroom work, as is reasonably possible, each local board shall institute education services that at a minimum provide that:

(1)

Each student suspended or expelled out-of-school who is not placed in an alternative education program shall receive daily classwork and assignments from each teacher, which shall be reviewed and corrected by teachers on a weekly basis and returned to the student; and

(2)

Each principal shall assign a school staff person to be the liaison between the teachers and the various students on out-of-school suspension or expulsion and to communicate weekly about classwork assignments and school-related issues by phone or email with those out-of-school suspended/expelled students and their parents.

Education Services During Short-Term Suspensions.

(1)

For short-term suspensions, the local board of education shall inform all schools under their jurisdiction:

(a)

To provide all students who receive short-term suspensions with the opportunity to complete the academic work they miss during the suspension period without penalty; and

(b)

To provide all students who receive short-term suspensions, and their parents or guardians, with the contact information for a school employee who will be responsible for ensuring that the requirement described in §G(1)(a) is met.

(2)

All other aspects of the process for suspended students receiving missed assignments, completing missed assignments, and making up tests shall be identical with each school’s established policy and practice for makeup work in the event of any other excused absence.

Intervention and Support.

(1)

School personnel shall provide intervention and support to address the student’s behavior if the student is:

(a)

Suspended under §C(1)(b) of this regulation; or

(b)

Enrolled in a public prekindergarten program, kindergarten, first grade, or second grade and:

(i)

Is disruptive to the school environment; or

(ii)

Commits an act that would be considered an offense subject to suspension but for the student’s grade.

(2)

Intervention and support provided under §H(1) of this regulation includes:

(a)

Positive behavior interventions and supports;

(b)

A behavior intervention plan;

(c)

A referral to a student support team;

(d)

A referral to an individualized education program team; and

(e)

A referral for appropriate community-based services.

(3)

The school system, to the best of its ability, shall remedy the impact of a student’s behavior on school climate through appropriate intervention methods including restorative practices.

Regulation .12 Arrests on School Premises.Link Copy Citation

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When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.

When an arrest on school premises during the school hours is necessary, the responsible school official shall ascertain the facts from the arresting officer which will enable the school official to fully advise the parent or guardians and other school officials of the nature of the charge, the identity of the arresting officer, and the location of the student.

When an arrest has taken place on school premises or during school hours, every effort shall be made by school officials to inform the parent or guardians immediately and thereafter promptly to advise the local superintendent of schools.

Arrest on school premises during school hours shall be effectuated in such a manner as to avoid both embarrassment to the student being arrested and jeopardizing the safety and welfare of other students.

School officials may not permit questioning of a student under arrest on the school premises and shall request the arresting officer to remove the student from the premises as soon as practicable after the arrest is made.

Beginning in the 2015—2016 school year, data on school arrests shall be reported in a manner and format developed by the Department, in consultation with local school systems, and approved by the State Board.

Regulation .12-1 Bringing or Possessing a Firearm on School Property.Link Copy Citation

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In this regulation, the following terms have the meanings indicated:

(1)

“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.

(2)

“Expulsion” means at a minimum the removal of a student from the student's regular school program.

(3)

“Firearm” means a weapon as defined in 18 U.S.C. §921.

(4)

“School property” means buildings, land that surrounds the buildings, and vehicles, that are owned or leased by a local school system.

(5)

“Year” means a calendar year of 12 months.

General Provisions.

(1)

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.

(2)

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.

(3)

Nothing in this regulation applies to a firearm:

(a)

That is lawfully stored inside a locked vehicle on school property; or

(b)

For activities approved and authorized by the local school system, if the local school system adopts appropriate safeguards to ensure student safety.

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.

Administrative Procedures.

(1)

Annually by August 1, each local school system shall provide the State Board of Education with a report that includes:

(a)

Written certification that the local school system is in compliance with the requirements of this regulation;

(b)

A description of the circumstances surrounding any expulsions imposed under State law as required by §B(1) of this regulation;

(c)

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;

(d)

The name of the school where each incident took place;

(e)

The type of firearm involved;

(f)

The disposition of each case, including the number of students:

(i)

Expelled from each school, and

(ii)

Placed in alternative educational settings; and

(g)

A description of alternative educational settings used in compliance with this regulation.

(2)

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.

Nothing in this regulation precludes a local school system from developing or applying more stringent regulations and procedures.

Regulation .13 Questioning on School Premises.Link Copy Citation

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Police investigations involving the questioning of students may not be permitted on school premises unless in connection with a crime committed on the premises or in connection with an investigation which, if not immediately permitted, would compromise the success of that investigation or endanger the lives or safety of the students or other persons, provided, however, that a school official should be present throughout that questioning.

A local school system shall permit personnel from a local department of social services or a police officer to question a student on school premises during the school day in an investigation involving suspected child neglect or suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland. The following apply:

(1)

The local superintendent or the superintendent's designee shall determine, after consultation with the individual from the local department of social services or the police officer, whether a school official shall be present during the questioning of a student pursuant to this section.

(2)

Records and reports concerning child abuse or neglect are confidential, and unauthorized disclosure is a criminal offense under Article 88A, §6(b), Annotated Code of Maryland.

Except as provided in §D of this regulation, whenever investigative questioning of students is permitted on the premises, the school official shall promptly advise the parent or guardians and the local superintendent's office of the nature of the investigation and such other details as may be required.

School officials are not required to notify parents or guardians of investigations on school premises involving suspected child neglect and suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland.

In the absence of an arrest, school officials may not authorize the removal of a student from school for the purpose of investigative questioning without the consent of the parent or guardians, except as provided below:

(1)

A student may be removed from school premises if that student is a suspected victim of child abuse or neglect and the local department of social services has guardianship of the child or a court order to remove the child;

(2)

The Superintendent or the Superintendent's designee shall ensure that prompt notification of a student's removal from school under this section is made to the student's parent or guardians.

Regulation .14 Searches.Link Copy Citation

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Search of Student by Principal, Assistant Principal, or School Security Guard.

(1)

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)

A criminal offense under the laws of this State; or

(b)

A violation of:

(i)

Any other State law; or

(ii)

A rule or regulation of the local board.

(2)

A search under §A(1) of this regulation shall be made in the presence of a third party.

Search of School by Principal, Assistant Principal, or School Security Guard.

(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 a principal, assistant principal, or school security guard to search lockers of students under §B(1) of this regulation shall be announced or published previously in the school.

Search of Student on School-Sponsored Trip by Teacher.

(1)

A local 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)

A criminal offense under the laws of this State; or

(b)

A violation of:

(i)

Any other State law; or

(ii)

A rule or regulation of the local board.

(2)

To qualify to conduct a search under §C(1) of this regulation, a teacher shall:

(a)

Be designated in writing by a principal; and

(b)

Receive training to conduct a search commensurate with the training received by a principal.

(3)

A search under §C(1) of this regulation shall be made in the presence of a third party.

Police officers shall conduct searches of students and the school premises in accordance with their established policies and procedures.

A school official may not conduct a search of the person of a student at the request of a police officer unless a search warrant has been issued authorizing the search.

Every effort shall be made to conduct searches in a manner which will minimize disruption of the normal school routine and minimize embarrassment to students affected.

Regulation .15 Reporting Delinquent Acts.Link Copy Citation

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Delinquent acts are offenses committed by a person who is under 18 years old which would be crimes if committed by an adult. School officials shall promptly report to the responsible law enforcement agencies all delinquent acts coming to their attention whether occurring on or away from the school premises which involve students attending the particular school.

Delinquent acts do not include conduct which has been traditionally treated as a matter of discipline to be handled administratively by the particular school, except that all conduct of a serious nature should be promptly reported to the parent or guardians concerned.

Beginning in the 2015—2016 school year, the local school systems shall report data to the Department on school arrests and referrals to law enforcement agencies or to the juvenile justice system in a form and manner developed by the Department, in consultation with local school systems, and approved by the State Board.

Regulation .16 Integration.Link Copy Citation

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The local boards of education shall be informed by the State Department of Education as to the legal requirements concerning the integration of schools. The State Department of Education shall check on compliance with these requirements and shall report all suspected violations to the State Board of Education. The organization of school activities shall provide for the involvement of students regardless of sex, race, creed, or national origin.

Regulation .17 School Use of Reportable Offenses.Link Copy Citation

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Terms Defined. In this regulation the following terms have the meanings indicated:

(1)

“Appropriate educational programming” means a regular or alternative education program that allows a student the opportunity to continue the student's education within the public school system and, if in secondary school, the opportunity to receive credit.

(2)

“Criminal organization” has the meaning stated in Criminal Law Article, §9-801, Annotated Code of Maryland.

(3)

“Law enforcement agency” means the law enforcement agencies listed in Public Safety Article, §3—101(e), Annotated Code of Maryland.

(4)

“Local school system” means the schools and school programs under the supervision of the local superintendent.

(5)

“Local superintendent” means the county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator.

(6)

“Regular school program” means the courses, classes, and related services the student is enrolled in by a local school system at the time of the student’s reportable offense.

(7)

“Related services” means any supportive intervention that is available through the local school system.

(8)

“Reportable offense” means an offense that:

(a)

Occurred off school premises;

(b)

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

(c)

Involved any of the following:

(i)

A crime of violence, as defined in Criminal Law Article, §14–101, Annotated Code of Maryland;

(ii)

Any of the offenses enumerated in Courts and Judicial Proceedings Article, §3–8A–03(e)(4), Annotated Code of Maryland;

(iii)

A violation of Criminal Law Article, §4–101, 4–102, 4–203, or 4–204, Annotated Code of Maryland;

(iv)

A violation of Criminal Law Article, §5–602, 5–603, 5–604, 5–605, 5–606, 5–607, 5–608, 5–608.1, 5–609, 5–612, 5–613, 5–614, 5–617, 5–618, 5–627, or 5–628, Annotated Code of Maryland;

(v)

A violation of Criminal Law Article, §4–503, 9–504, or 9–505, Annotated Code of Maryland;

(vi)

A violation of Criminal Law Article, §6–102, 6–103, 6–104, or 6–105, Annotated Code of Maryland;

(vii)

A violation of Criminal Law Article, § 9–802 or 9–803, Annotated Code of Maryland;

(viii)

A violation of Criminal Law Article, §3–203, Annotated Code of Maryland;

(ix)

A violation of Criminal Law Article, §6–301, Annotated Code of Maryland;

(x)

A violation of Criminal Law Article, §9–302, 9–303, or 9–305, Annotated Code of Maryland;

(xi)

A violation of Criminal Law Article, §7–105, Annotated Code of Maryland;

(xii)

A violation of Criminal Law Article, §6–202, Annotated Code of Maryland; or

(xiii)

A violation of Criminal Law Article, §10–606, Annotated Code of Maryland.

(9)

“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.

(10)

School Security Officer.

(a)

“School security officer” means an individual designated to maintain the security and safety of a school.

(b)

“School security officer” includes:

(i)

A school principal or other school administrator;

(ii)

A law enforcement officer; or

(iii)

Other individual employed by a local school system or a local government who is designated by the [county] local superintendent or a school principal to help maintain the security and safety of a school.

(c)

“School security officer” does not include:

(i)

A teacher;

(ii)

A school counselor;

(iii)

A school psychologist; or

(iv)

A school social worker.

(11)

“Student” means an individual enrolled in a public school system in the State who is 5 years old or older and younger than 22 years old.

(12)

“Student with a disability” means a student eligible under the Individuals with Disabilities Act or Section 504 of the Rehabilitation Act of 1973.

Notification by Law Enforcement. 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:

(a)

The local superintendent;

(b)

The school principal; and

(c)

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.

Safety Determination Procedures and Plan.

(1)

Promptly, upon receipt of information from a law enforcement agency or another verified source of an arrest of a student for a reportable offense:

(a)

The local superintendent shall provide the school principal of the school in which the student is enrolled with the arrest information, including the charges; or

(b)

If the student who has been arrested is an identified student with disabilities who has been enrolled by the public school system in a nonpublic school program, the local superintendent shall provide the principal of the nonpublic school with the arrest information, including the charges.

(2)

The school principal, in consultation with appropriate staff members, shall consider whether the student’s presence presents a risk to the safety of other students and staff.

(3)

If the school principal believes the student presents a safety risk, the school principal shall immediately develop a plan that:

(a)

Addresses appropriate educational programming and related services for the student; and

(b)

Maintains a safe and secure school environment for all students and staff.

(4)

The school principal shall request that the student’s parent or guardian:

(a)

Participate in the development of the plan; and

(b)

Submit information that is relevant to developing the plan.

(5)

If the student has an attorney, the school principal shall invite the student’s attorney to participate in any meeting with the student’s parent or guardian to discuss the plan.

Removal from Regular School Program.

(1)

A student may not be removed from the student’s regular school program unless the student presents an imminent threat of serious harm to other students or staff.

(2)

Notice of the arrest for a reportable offense may not be the sole basis for a change in the student’s regular school program.

(3)

If the plan developed in §C(3) of this regulation includes removal of the student from the student’s regular school program, the school principal shall promptly inform the local superintendent in writing.

(4)

Upon receipt of a written report from a school principal requesting a removal from the regular school program, and no later than 10 school days from the notification of the reportable offense, the local superintendent shall:

(a)

Promptly hold a conference with the student, the student’s parent or guardian, and, if the student has an attorney, the student’s attorney; and

(b)

Make a determination as to whether the student poses an imminent threat of serious harm to other students or staff necessitating a removal.

(5)

Implementation of the plan must occur by the tenth school day following notification of the reportable offense.

(6)

If after the conference, the local superintendent finds that a removal from the regular school program is warranted, the student or the student’s parent or guardian may appeal the removal to the local board within 15 calendar days after the receipt of the written determination and notice of appeal rights.

(7)

If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 calendar days from the date the appeal was received to hear the appeal and issue a decision, as follows:

(a)

This timeline period may be extended if the parent, guardian, or representative requests additional time; and

(b)

This timeline shall also apply if the local board elects to use a hearing examiner.

(8)

If, due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 calendar days, it may petition the State Superintendent for an extension of time.

(9)

The student or the student’s parent, guardian, or representative:

(a)

Shall be provided with the school system’s witness list and a copy of the documents that the school system will present at the hearing no later than 5 business days before the hearing; and

(b)

May bring counsel and witnesses to the hearing.

(10)

(11)

The appeal to the local board does not stay the decision of the local superintendent.

(12)

The decision of the local board is final.

Review Procedures.

(1)

With the input of the school principal, appropriate staff, the student, and the student’s parent or guardian, the local superintendent shall review the plan and the student’s status and make adjustments as appropriate:

(a)

Immediately upon notification from the State’s Attorney of the disposition of the reportable offense; or

(b)

Pending notification from the State’s Attorney, at a minimum every 45 school days.

(2)

If the student has an attorney, the local superintendent shall invite the student’s attorney to participate in any meeting with the student or the student’s parent or guardian to discuss the review of the plan.

(3)

The student and the student’s parent or guardian shall be provided in writing with the local superintendent’s review decision.

(4)

If the student or the student’s parent or guardian disagrees with the local superintendent’s review decision, the student or the student’s parent or guardian may appeal the decision consistent with §D(5)—(11) of this regulation.

Confidentiality of Information and Retention of Documents.

(1)

Except by order of a juvenile court or other court upon good cause shown or as provided in §F(2) of this regulation, the reportable offense information is confidential and may not be redisclosed by subpoena or otherwise and may not be made part of the student’s permanent educational record.

(2)

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, a local superintendent or school principal shall transmit the information obtained under this regulation as a confidential file to the local superintendent of another local school system or to another nonpublic school in the state in which the student has enrolled or has transferred, to carry out the purposes of this regulation.

(3)

A local superintendent or school principal who transmits information about a student under §F(2) of this regulation shall include in the confidential transmittal information on any educational programming and related services provided to the student.

(4)

Nothing in this regulation is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means.

(5)

The reportable offense information obtained by a local superintendent, school principal, or school security officer shall be:

(a)

Transmitted only to school personnel of the school in which the student is enrolled and as necessary to carry out the purposes set forth in this regulation; and

(b)

Destroyed when the first of the following occurs:

(i)

The student graduates;

(ii)

The student otherwise permanently leaves school;

(iii)

The student turns 22 years old;

(iv)

The criminal case involving the reportable offense is dismissed;

(v)

The student is found not guilty of the reportable offense; or

(vi)

The student pleads to a lesser offense that is not a reportable offense.

Students with Disabilities.

(1)

Appropriate educational programming and related services shall be provided to an identified student with a disability in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including COMAR 13A.05.01.

(2)

Removal of a student with a disability resulting in a change of placement shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including requirements related to a manifestation determination.

(3)

If the student has an attorney, the attorney shall be invited to attend any meeting to discuss the manifestation determination.

Reportable Offense Involving Rape or a Sexual Offense.

(1)

Except as otherwise provided in §H(2) of this regulation, 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.

(3)

Consistent with Criminal Procedure Article, §11-722(e), Annotated Code of Maryland, a student who is required to register with the Maryland Sex Offender Registry may receive an education in accordance with State law in any of the following locations:

(a)

A location other than a public or nonpublic elementary or secondary school, including by:

(i)

Participating in the Home and Hospital Teaching Program for Students; or

(ii)

Participating in or attending a program approved by a local board;

(b)

A Regional Institute for Children and Adolescents; or

(c)

A nonpublic educational program as provided by Education Article, §8-406, Annotated Code of Maryland, if:

(i)

The registrant has notified an agent or employee of the nonpublic educational program that the registrant is required to register under this subtitle; and

(ii)

The registrant has been given specific written permission by an agent or employee of the nonpublic educational program to attend the nonpublic educational program.

General Provisions.

(1)

Each public school that enrolls students in grades six through 12 in the State shall designate at least one school security officer.

(2)

A fee may not be charged to the student or parent or guardian for the alternative educational programming or related services that are developed for the student.

Data Collection.

(1)

Each year, the local school system shall provide to the Department the following information for each reportable offense for which the local school received information under this regulation:

(a)

The nature of the reportable offense;

(b)

Verification that the offense occurred off school premises;

(c)

Action taken by the local school and local board after being notified of the reportable offense;

(d)

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

(e)

The grade of the student arrested for the reportable offense;

(f)

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

(g)

Whether the student’s regular school program was altered as a result of the reportable offense;

(h)

If the student was removed from the student’s regular school program as a result of the reportable offense:

(i)

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

(ii)

The student’s placement and educational programming during the period of removal; and

(iii)

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.

Regulation .18 Definitions for Regulations .19—.20.Link Copy Citation

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In Regulations .19 and .20 of this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Conviction of or adjudication of” means that the perpetrator has been convicted of, adjudicated delinquent of, pleads guilty or nolo contendere with respect to, or receives probation before judgment with respect to, a violent criminal offense.

(2)

“Corrective action plan” means a plan that includes information concerning conditions in the school that may have contributed to the commission of the offenses set forth in §B(4) of this regulation. A corrective action plan shall describe any behavioral interventions that will be used to address problems in the school.

(3)

“Local school system” means any of the 24 local public school systems in the State.

(4)

“Persistently dangerous school” means a school in which each year for 3 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the following offenses equals 2-1/2 percent or more of the total number of students enrolled in the school:

(a)

Arson or fire;

(b)

Drugs;

(c)

Explosives;

(d)

Firearms;

(e)

Other guns;

(f)

Other weapons;

(g)

Physical attack on a student;

(h)

Physical attack on a school system employee or other adult; and

(i)

Sexual assault.

(5)

“Safe school” means a school that has not been placed on probationary status or designated as persistently dangerous pursuant to Regulation .19 of this chapter.

(6)

“School grounds” means a local school system owned or leased building and land that surrounds a school building and also includes school vehicles.

(7)

“Violent criminal offense” means a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland.

Regulation .19 Probationary and Persistently Dangerous School Designation.Link Copy Citation

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Probationary Status.

(1)

The State Board of Education shall place on probationary status any school having each year for a period of 2 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equal to 2-1/2 percent or more of the total number of students enrolled in the school.

(2)

The local school system shall notify in a timely manner the parents of each student attending the school that the State has placed the school on probationary status.

(3)

The local superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State Board of Education that a school in the jurisdiction of the school system is on probationary status.

(4)

During the probationary status the school shall implement in a timely manner strategies to reduce the commission of offenses set forth in Regulation .18B(4) of this chapter.

Persistently Dangerous Designation.

(1)

After placing a school on probationary status, the State Board of Education shall designate that school as persistently dangerous if during the next consecutive school year the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equals 2-1/2 percent or more of the total number of students enrolled in the school.

(2)

The local school system shall notify in a timely manner the parents of each student attending the school:

(a)

That the State has identified the school as persistently dangerous; and

(b)

Of the opportunity for school transfer as set forth in Regulation .20A(1) of this chapter.

(3)

If a school has been designated a persistently dangerous school, the school shall retain that designation for at least 1 full school year.

(4)

Each year that a school remains identified as persistently dangerous, the local school superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State that the status of the school as persistently dangerous has not changed.

(5)

The State Board of Education shall remove a school's designation as a persistently dangerous school if the school no longer meets the requirements set forth in Regulation .18B(4) of this chapter.

Regulation .20 Unsafe School Transfer Policy.Link Copy Citation

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Each local school system shall allow a student attending a public elementary or secondary school to attend a safe public elementary or secondary school within the school system if the student:

(1)

Attends a persistently dangerous public elementary or secondary school; or

(2)

Is a victim of a violent criminal offense as defined in Criminal Law Article, §14-101, Annotated Code of Maryland:

(a)

During the regular school day; or

(b)

While attending a school sponsored event in or on the grounds of a public elementary or secondary school that the student attends.

The local school system shall effectuate a transfer pursuant to §A of this regulation in a timely manner following either the:

(1)

Designation of a school as persistently dangerous; or

(2)

Conviction of or adjudication of delinquency of the perpetrator of a violent criminal offense.

To the extent possible, the local school system shall allow a student to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action, or restructuring.

Each local superintendent of schools shall certify annually in writing to the State Superintendent of Schools that Regulations .18—.20 of this chapter are implemented.

The State Department of Education shall:

(1)

Maintain a list of schools determined to be persistently dangerous; and

(2)

Revise the list annually.

Regulation .21 Reducing and Eliminating Disproportionate/Discrepant Impact.Link Copy Citation

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The Department shall develop a method to analyze local school system discipline data to determine whether there is a disproportionate impact on minority students.

The Department may use the discrepancy model to assess the impact of discipline on special education students.

If the Department identifies a school’s discipline process as having a disproportionate impact on minority students or a discrepant impact on special education students, the local school system shall prepare and present to the State Board a plan to reduce the impact within 1 year and eliminate it within 3 years.

The local school system will report its progress annually to the State Board.

Chapter annotations

Authority: : Education Article, §§ 2-205, 7-101, 7-101. 1, 7-301, 7-301. 1, 7-303— 7-305, 7-305. 1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912

History: Effective date: July 26, 1967

History: Regulation .01A amended effective May 25, 1977 (4:11 Md. R. 868)

History: Regulation .02 amended effective August 22, 1980 (7:17 Md. R. 1673)

History: Regulation .02A amended effective November 4, 1977 (4:23 Md. R. 1736)

History: Regulation .02F amended effective December 1, 1986 (13:24 Md. R. 2561)

History: Regulation .03C amended effective December 1, 1986 (13:24 Md. R. 2561)

History: Regulation .06A amended effective October 1, 1975 (2:22 Md. R. 1372)

History: Regulation .06F adopted effective December 31, 1984 (11:26 Md. R. 2280)

History: Regulation .07 amended effective December 2, 1985 (12:24 Md. R. 2351)

History: Chapter revised effective July 1, 1987 (14:9 Md. R. 1082)

History: Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)

History: Chapter revised effective July 1, 1990 (16:20 Md. R. 2182)

History: Regulation .01 amended effective June 22, 1992 (19:12 Md. R. 1135); October 2, 2000 (27:19 Md. R. 1726); January 20, 2003 (30:1 Md. R. 26); July 4, 2005 (32:13 Md. R. 1116)

History: Regulation .01A amended effective March 20, 2023 (50:5 Md. R. 182)

History: Regulation .01C amended effective August 11, 2008 (35:16 Md. R. 1391)

History: Regulation .01D amended effective September 12, 1994 (21:18 Md. R. 1512); October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925)

History: Regulation .01E amended effective September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876)

History: Regulation .02 repealed and new Regulations .02, .02-1—.02-4 adopted effective June 22, 1992 (19:12 Md. R. 1135)

History: Regulation .02 repealed and new Regulation .02 adopted effective June 24, 2002 (29:12 Md. R. 929)

History: Regulation .02 amended effective January 31, 2006 (32:13 Md. R. 1116)

History: Regulation .02A amended effective March 3, 2003 (30:4 Md. R. 317)

History: Regulation .02B amended effective May 31, 1999 (26:11 Md. R. 856)

History: Regulation .02-2A amended effective June 7, 1993 (20:11 Md. R. 915)

History: Regulation .02-2C amended effective July 4, 2005 (32:13 Md. R. 1116)

History: Regulations .02-3 and .02-4 repealed effective June 26, 2000 (27:12 Md. R. 1141)

History: Regulation .02-3 adopted effective October 30, 2000 (27:21 Md. R. 1976)

History: Regulation .02-3 amended as an emergency provision effective August 26, 2016 (43:19 Md. R. 1070); amended permanently effective November 24, 2016 (43:23 Md. R. 1280)

History: Regulation .02-3 repealed and new Regulation .02-3 adopted effective July 22, 2024 (51:14 Md. R. 678)

History: Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 642)

History: Regulation .03B amended effective January 20, 2003 (30:1 Md. R. 26); July 24, 2023 (50:14 Md. R. 594)

History: Regulation .05 repealed and new Regulation .05 adopted effective May 25, 2026 (53:10 Md. R. 455)

History: Regulation .06 repealed effective September 24, 2018 (45:19 Md. R. 865)

History: Regulation .07C amended effective November 8, 2004 (31:22 Md. R. 1596)

History: Regulation .08 repealed and new Regulation .08 adopted effective October 15, 1990 (17:20 Md. R. 2430)

History: Regulation .08B, D amended effective January 20, 2003 (30:1 Md. R. 26)

History: Regulation .08C amended effective September 12, 1994 (21:18 Md. R. 1512)

History: Regulation .11 amended effective September 2, 1991 (18:17 Md. R. 1920); September 12, 1994 (21:18 Md. R. 1512); March 24, 1997 (24:6 Md. R. 486); February 17, 2014 (41:3 Md. R. 202)

History: Regulation .11B, C amended effective October 5, 2009 (36:20 Md. R. 1531); September 24, 2018 (45:19 Md. R. 865)

History: Regulation .11C amended effective January 20, 2003 (30:1 Md. R. 26)

History: Regulation .11H adopted effective September 24, 2018 (45:19 Md. R. 865)

History: Regulation .12F adopted effective February 17, 2014 (41:3 Md. R. 202)

History: Regulation .12-1 adopted effective March 11, 1996 (23:5 Md. R. 380)

History: Regulation .12-1 amended effective January 6, 2005 (31:26 Md. R. 1864)

History: Regulation .12-1C amended effective January 20, 2003 (30:1 Md. R. 26)

History: Regulation .14E amended effective March 24, 1997 (24:6 Md. R. 486)

History: Regulation .14F adopted effective March 24, 1997 (24:6 Md. R. 486)

History: Regulation .14 repealed and new Regulation .14 adopted effective March 13, 2006 (33:5 Md. R. 522)

History: Regulation .15C adopted effective February 17, 2014 (41:3 Md. R. 202)

History: Regulation .17 adopted effective March 11, 1996 (23:5 Md. R. 380)

History: Regulation .17 amended effective January 9, 2012 (38:27 Md. R. 1765); August 19, 2024 (51:16 Md. R. 743)

History: Regulation .17A, C amended effective January 20, 2003 (30:1 Md. R. 26); March 13, 2006 (33:5 Md. R. 522)

History: Regulation .17F amended effective March 3, 2025 (52:4 March 3, 2025)

History: Regulations .18— .20 adopted effective July 21, 2003 (30:14 Md. R. 937)

History: Regulation .21 adopted effective February 17, 2014 (41:3 Md. R. 202)

Chapter 01. General Regulations

Regulation .01 Attendance.LinkCopy Citation

Regulation .02 Age for School Attendance.LinkCopy Citation

Regulation .02-1 Definitions.LinkCopy Citation

Regulation .02-2 Exemptions to Kindergarten Attendance Requirement.LinkCopy Citation

Regulation .02-3 Kindergarten Readiness Assessment.LinkCopy Citation

Regulation .03 Lawful Absence.LinkCopy Citation

Regulation .04 Unlawful Absence.LinkCopy Citation

Regulation .05 Student Attendance Policy.LinkCopy Citation

Regulation .06 Repealed.LinkCopy Citation

Regulation .07 Student Withdrawal Status.LinkCopy Citation

Regulation .08 Substance Use or Distribution.LinkCopy Citation

Regulation .09 Student Organizations.LinkCopy Citation

Regulation .10 Guidelines for Students' Responsibilities and Rights.LinkCopy Citation

Regulation .11 Disciplinary Action.LinkCopy Citation

Regulation .12 Arrests on School Premises.LinkCopy Citation

Regulation .12-1 Bringing or Possessing a Firearm on School Property.LinkCopy Citation

Regulation .13 Questioning on School Premises.LinkCopy Citation

Regulation .14 Searches.LinkCopy Citation

Regulation .15 Reporting Delinquent Acts.LinkCopy Citation

Regulation .16 Integration.LinkCopy Citation

Regulation .17 School Use of Reportable Offenses.LinkCopy Citation

Regulation .18 Definitions for Regulations .19—.20.LinkCopy Citation

Regulation .19 Probationary and Persistently Dangerous School Designation.LinkCopy Citation

Regulation .20 Unsafe School Transfer Policy.LinkCopy Citation

Regulation .21 Reducing and Eliminating Disproportionate/Discrepant Impact.LinkCopy Citation

Regulation .01 Attendance.Link Copy Citation

Regulation .02 Age for School Attendance.Link Copy Citation

Regulation .02-1 Definitions.Link Copy Citation

Regulation .02-2 Exemptions to Kindergarten Attendance Requirement.Link Copy Citation

Regulation .02-3 Kindergarten Readiness Assessment.Link Copy Citation

Regulation .03 Lawful Absence.Link Copy Citation

Regulation .04 Unlawful Absence.Link Copy Citation

Regulation .05 Student Attendance Policy.Link Copy Citation

Regulation .06 Repealed.Link Copy Citation

Regulation .07 Student Withdrawal Status.Link Copy Citation

Regulation .08 Substance Use or Distribution.Link Copy Citation

Regulation .09 Student Organizations.Link Copy Citation

Regulation .10 Guidelines for Students' Responsibilities and Rights.Link Copy Citation

Regulation .11 Disciplinary Action.Link Copy Citation

Regulation .12 Arrests on School Premises.Link Copy Citation

Regulation .12-1 Bringing or Possessing a Firearm on School Property.Link Copy Citation

Regulation .13 Questioning on School Premises.Link Copy Citation

Regulation .14 Searches.Link Copy Citation

Regulation .15 Reporting Delinquent Acts.Link Copy Citation

Regulation .16 Integration.Link Copy Citation

Regulation .17 School Use of Reportable Offenses.Link Copy Citation

Regulation .18 Definitions for Regulations .19—.20.Link Copy Citation

Regulation .19 Probationary and Persistently Dangerous School Designation.Link Copy Citation

Regulation .20 Unsafe School Transfer Policy.Link Copy Citation

Regulation .21 Reducing and Eliminating Disproportionate/Discrepant Impact.Link Copy Citation