Maryland SB 576: Student Victim of Violent Crime - Option to Transfer or Require Offender to Transfer Schools

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0576*

SENATE BILL 576
F1 9lr2518
SB 519/08 – EHE
By: Senator Salling
Introduced and read first time: February 4, 2019
Assigned to: Education, Health, and Environmental Affairs

A BILL ENTITLED

AN ACT concerning 1

Student Victim of Violent Crime – Option to Transfer or Require Offender to 2
Transfer Schools 3

FOR the purpose of requiring a county superintendent of schools to provide certain notice 4
to a student who is the victim of certain crimes or acts committed by another student 5
under certain circumstances; requiring a county superintendent to transfer a certain 6
student after a certain determination; requiring the State Board of Education to 7
adopt certain regulations; requiring the State Board to certify to the United States 8
Secretary of Education that the State is in compliance with a certain federal law and 9
a certain State regulation; defining certain terms; and generally relating to transfer 10
policies concerning students who are victims of violent crimes or certain delinquent 11
acts. 12

BY adding to 13
Article – Education 14
Section 7–303.2 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2018 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Education 20

7–303.2. 21

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23

(2) “OFFENDER” MEANS A STUDENT WHO HAS BEEN: 24

2 SENATE BILL 576

(I) CONVICTED OF A VIOLENT CRIME; OR 1

(II) FOUND TO HAVE COMMITTED A DELINQUENT ACT THAT 2
WOULD BE A VIOLENT CRIME IF COMMITTED BY AN ADULT. 3

(3) “VICTIM” MEANS A STUDENT WHO SUFFERS ACTUAL OR 4
THREATENED PHYSICAL HARM AS A RESULT OF A VIOLENT CRIME OR A DELINQUENT 5
ACT THAT WOULD BE A VIOLENT CRIME IF COMMITTED BY AN ADULT. 6

(4) “VICTIM’S REPRESENTATIVE” HAS THE MEANING STATED IN § 7
11–104 OF THE CRIMINAL PROCEDURE ARTICLE. 8

(5) “VIOLENT CRIME”: 9

(I) MEANS A CRIME OF VIOLENCE AS DEFINED IN § 14–101 OF 10
THE CRIMINAL LAW ARTICLE; AND 11

(II) INCLUDES A DELINQUENT ACT THAT WOULD BE A VIOLENT 12
CRIME IF COMMITTED BY AN ADULT. 13

(B) FOR AN OFFENDER WHO HAS COMMITTED A VIOLENT CRIME AGAINST A 14
VICTIM DURING A REGULAR SCHOOL DAY OR AT A SCHOOL–SPONSORED EVENT, 15
WHILE IN TRANSIT TO OR FROM A SCHOOL OR A SCHOOL–SPONSORED EVENT, OR ON 16
SCHOOL GROUNDS, A COUNTY SUPERINTENDENT SHALL PROMPTLY: 17

(1) NOTIFY THE VICTIM OR VICTIM’S REPRESENTATIVE OF THE 18
VICTIM’S RIGHTS UNDER THIS SECTION; AND 19

(2) AS DETERMINED BY THE VICTIM OR THE VICTIM’S 20
REPRESENTATIVE: 21

(I) TRANSFER THE VICTIM TO ANOTHER SAFE PUBLIC 22
ELEMENTARY, SECONDARY, OR CHARTER SCHOOL WITHIN THE COUNTY SCHOOL 23
SYSTEM; OR 24

(II) UNLESS THE OFFENDER IS EXPELLED, TRANSFER THE 25
OFFENDER TO ANOTHER PUBLIC ELEMENTARY, SECONDARY, OR CHARTER SCHOOL 26
WITHIN THE COUNTY SCHOOL SYSTEM. 27

(C) THE STATE BOARD SHALL ADOPT REGULATIONS NECESSARY TO CARRY 28
OUT THE PROVISIONS OF THIS SECTION. 29

SENATE BILL 576 3

SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of Education 1
shall certify in writing to the United States Secretary of Education that the State is in 2
compliance with 20 U.S.C. § 7912 with the passage of this Act and COMAR 13A.08.01.20. 3

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2019. 5