Maryland Education Section 7-303
§ 7-303.
(a) (1) In this section the following words have the meanings indicated.
(2) "Criminal gang" has the meaning stated in § 9-801 of the Criminal Law Article.
(3) "Law enforcement agency" means the law enforcement agencies listed in § 3-101(e) of the Public Safety Article.
(4) "Local school system" means the schools and school programs under the supervision of the local superintendent.
(5) "Local superintendent" means the county superintendent, for the county in which a child is enrolled, or a designee of the superintendent, who is an administrator.
(6) "Reportable offense" means:
(i) A crime of violence, as defined in § 14-101 of the Criminal Law Article;
(ii) Any of the offenses enumerated in § 3-8A-03(d)(4) of the Courts Article;
(iii) A violation of § 4-101, § 4-102, § 4-203, or § 4-204 of the Criminal Law Article;
(iv) A violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, § 5-627, or § 5-628 of the Criminal Law Article;
(v) A violation of § 4-503, § 9-504, or § 9-505 of the Criminal Law Article;
(vi) A violation of § 6-102, § 6-103, § 6-104, or § 6-105 of the Criminal Law Article; or
(vii) A violation of § 9-802 or § 9-803 of the Criminal Law Article.
(7) "Student" means an individual enrolled in a public school system in the State who is 5 years of age or older and under 22 years of age.
(b) If a student is arrested for a reportable offense or an offense that is related to the student's membership in a criminal gang, the law enforcement agency making the arrest shall notify the local superintendent of the arrest and the charges within 24 hours of the arrest or as soon as practicable.
(c) The State's Attorney shall promptly notify the local superintendent of the disposition of the reportable offense required to be reported under subsection (b) of this section.
(d) Except by order of a juvenile court or other court upon good cause shown, the information obtained by a local superintendent pursuant to subsections (b) and (c) of this section:
(1) Is confidential and may not be redisclosed by subpoena or otherwise except as provided pursuant to subsections (e) and (f) of this section; and
(2) May not be made part of the student's permanent educational record.
(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local superintendent from transmitting the information obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local superintendent of another public school system in the State in which the student has enrolled or been transferred in order to carry out the purposes of this section if the disposition of the reportable offense was a conviction or an adjudication of delinquency or the criminal charge or delinquency petition is still pending.
(2) A local superintendent who transmits information about a student under this subsection shall include in the transmittal information regarding any educational programming and related services provided to the student.
(f) The State Board shall adopt regulations to ensure that information obtained by a local superintendent under subsections (b), (c), and (e) of this section is:
(1) Used to provide appropriate educational programming and related services to the student and to maintain a safe and secure school environment for students and school personnel; and
(2) Transmitted only to the school principal of the school in which the student is enrolled and other school personnel necessary to carry out the purposes set forth in item (1) of this subsection.
(g) Nothing in this section is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means other than that set forth in subsections (b), (c), and (e) of this section.
