Limits on Referrals to Law Enforcement
Limits on Referrals to Law Enforcement
State law authorizes districts to refer students to local law enforcement.
Code of Maryland Regulations 13A.08.01.08 Substance use or distribution
D. 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.
Code of Maryland Regulations 13A.08.01.12 Arrests on school premises
. When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
Code of Maryland Regulations 13A.08.01.12-1. Bringing or possessing a firearm on school property.
D. Administrative Procedures. […]
- (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.
Code of Maryland Regulations 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 Code 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).