Maryland bill to expand reportable school offenses prompts rights and disparity concerns
Loading...
Summary
HB123 would expand the list of crimes for which schools must be notified when a student is arrested or charged, and let state's attorneys notify schools if law enforcement does not. Sponsors framed it as a safety and victim‑protection measure; defenders of students’ rights warned it would widen racial and disability disparities and increase school removals.
House Bill 123 returned to Ways and Means as a jointly assigned measure with Judiciary and drew sharply divided testimony. Sponsor Delegate Mike Griffith said the bill updates reportable‑offense rules so schools get timely notice about convictions or arrests for serious conduct — including certain technology‑enabled child sexual offenses, stalking, threats of mass violence and cases tied to dual‑enrollment students in higher education settings.
Allison Healy, Harford County state's attorney, told the committee the change is primarily about notification: if law enforcement fails to tell schools about a reportable arrest, a state's attorney could do so at their discretion so schools can plan support and supervision. ‘So really, it’s notification. We’re not asking the school to do anything,’ Healy said.
Opponents including the Maryland Coalition to Reform School Discipline, the Office of the Public Defender and disability advocates said the statute already triggers on arrest or charge and is inconsistently applied across jurisdictions, producing racial and disability disparities in removals and virtual placements. Counsel for the Public Defender’s Office argued expanding the list is premature while the juvenile‑justice commission reviews the reportable‑offense process and MSDE updates guidance.
Committee members probed how charges (not convictions) can affect school placement and services, whether expanded reporting could increase involuntary exclusions from the classroom and what safeguards ensure students with disabilities continue to receive services. Testifiers urged caution and recommended awaiting commission findings and MSDE guidance before expanding the statute.
The committee did not advance HB123 at the hearing; members asked for data on how schools use report notices and for more consistent statutory definitions.
