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ROBERT L. EHRLICH, JR., Governor
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Ch. 361
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(v) A violation of § 4-503, § 9-504, or § 9-505 of the Criminal Law
Article.
(6) "STUDENT" MEANS AN INDIVIDUAL ENROLLED IN A PUBLIC SCHOOL
SYSTEM IN THE STATE WHO IS 5 YEARS OF AGE OR OLDER AND UNDER 21 22 YEARS
OF AGE.
(b) If a [child enrolled in the public school system] STUDENT is arrested for a
reportable offense, 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 [child's] 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 [child]
STUDENT under this subsection shall include in the transmittal information
regarding any educational programming and related services provided to the [child]
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 [child] 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
[child] STUDENT is enrolled and other school personnel necessary to carry out the
purposes set forth in item (1) of this subsection.
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- 1735 -
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