Maryland HB 1327: Baltimore County Public Schools - Falsifying Domicile - Penalty

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1327*

HOUSE BILL 1327
F3 8lr3234

By: Delegates Miele, Grammer, Long, McDonough, Metzgar, and Szeliga
Introduced and read first time: February 9, 2018
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Baltimore County Public Schools – Falsifying Domicile – Penalty 2

FOR the purpose of establishing a penalty for a child’s parent or guardian who, based on a 3
determination made by a certain residency investigator, has knowingly falsified the 4
child’s domicile in Baltimore County so that the child may attend a Baltimore County 5
public school that the child is not eligible to attend; requiring a certain residency 6
investigator to refer a certain matter to the Baltimore County State’s Attorney; 7
limiting the assessment of a certain fine under certain circumstances; defining a 8
certain term; providing for the application of this Act; and generally relating to 9
Baltimore County Public Schools. 10

BY repealing and reenacting, with amendments, 11
Article – Education 12
Section 7–101(b) 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2017 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Education 18

7–101. 19

(b) (1) Except as provided in § 7–301 of this title and in paragraph (2) of this 20
subsection, each child shall attend a public school in the county where the child is domiciled 21
with the child’s parent, guardian, or relative providing informal kinship care, as defined in 22
subsection (c) of this section. 23

(2) (i) Upon request and in accordance with a county board’s policies 24
concerning residency, a county superintendent may allow a child to attend school in the 25

2 HOUSE BILL 1327

county even if the child is not domiciled in that county with the child’s parent or guardian. 1

(ii) Regardless of where the child is currently domiciled, a county 2
superintendent shall allow a child to remain at the school that the child is attending, if: 3

1. The child is a child who is: 4

A. In the custody of, committed to, or otherwise placed by a 5
local department of social services or the Department of Juvenile Services; and 6

B. Subject to the educational stability provisions of the 7
federal Fostering Connections to Success and Increasing Adoptions Act of 2008; 8

2. The child is not subject to the educational stability 9
provisions of the federal McKinney–Vento Homeless Assistance Act as a child awaiting 10
foster care placement as defined by the Department in regulation; 11

3. The child is not in any of the following placements: 12

A. A detention facility; 13

B. A forestry camp; 14

C. A training school; 15

D. A State–owned and State–operated facility that 16
accommodates more than 25 children; or 17

E. Any other facility operated primarily for the detention of 18
children who are determined to be delinquent; 19

4. The local department of social services or the Department 20
of Juvenile Services determines, in consultation with the local school system, that it is in 21
the best interests of the child to continue at that school; and 22

5. The local department of social services or the Department 23
of Juvenile Services pays for the cost of transporting the child to and from school. 24

(iii) 1. The Department of Human Resources and the 25
Department of Juvenile Services each shall adopt regulations establishing factors that 26
shall be considered in determining the best interests of a child under this section. 27

2. The Department shall adopt regulations to implement the 28
educational stability provisions of the federal Fostering Connections to Success and 29
Increasing Adoptions Act of 2008. 30

(3) [If] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 31

HOUSE BILL 1327 3

SUBSECTION, IF a child fraudulently attends a public school in a county where the child 1
is not domiciled with the child’s parent or guardian, the child’s parent or guardian shall be 2
subject to a penalty payable to the county for the pro rata share of tuition for the time the 3
child fraudulently attends a public school in the county. 4

(4) (I) IN THIS PARAGRAPH, “RESIDENCY INVESTIGATOR” MEANS 5
AN INDIVIDUAL WHO DETERMINES THE ELIGIBILITY OF A CHILD FOR ENROLLMENT 6
IN THE BALTIMORE COUNTY PUBLIC SCHOOL SYSTEM BASED ON THE CHILD’S 7
DOMICILE. 8

(II) THIS PARAGRAPH APPLIES ONLY TO BALTIMORE COUNTY. 9

(III) IF A RESIDENCY INVESTIGATOR DETERMINES THAT A 10
CHILD’S PARENT OR GUARDIAN HAS KNOWINGLY FALSIFIED THE CHILD’S DOMICILE 11
SO THAT THE CHILD MAY ATTEND A BALTIMORE COUNTY PUBLIC SCHOOL THAT THE 12
CHILD IS NOT ELIGIBLE TO ATTEND BASED ON THE CHILD’S DOMICILE: 13

1. SUBJECT TO SUBPARAGRAPH (IV) OF THIS 14
PARAGRAPH, THE CHILD’S PARENT OR GUARDIAN IS SUBJECT TO A FINE NOT 15
EXCEEDING $5,000; AND 16

2. THE RESIDENCY INVESTIGATOR SHALL REFER THE 17
MATTER TO THE BALTIMORE COUNTY S