Maryland - Limits on Referrals to Law Enforcement: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
statute; regulation
Summary: 

State law authorizes districts to refer students to local law enforcement or does not address law enforcement reporting other than for federally-mandated reporting for selected offense types.

2017 Maryland Code Education 7-303.1. School principal reporting criminal conduct to law enforcement agency.

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

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

  • (1) § 3-201 of the Criminal Law Article (assault in the first degree);
  • (2) § 3-202 of the Criminal Law Article (assault in the second degree);
  • (3) § 3-805 of the Criminal Law Article (misuse of electronic communication or interactive computer service); or
  • (4) § 3-809 of the Criminal Law Article (revenge porn).

2017 Code of Maryland 13A.08.01.15. Reporting Delinquent Acts.

A. 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.
B. 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.
C. 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.
Maryland Office of the Secretary of State

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