(a) In this section, "positive behavioral interventions and support program" means the research-based, systems approach method adopted by the State Board to build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn. (b) (1) Subject to paragraph (3) of this subsection, each county board shall require an elementary school that has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection to implement: (i) A positive behavioral interventions and support program; or (ii) An alternative behavior modification program in collaboration with the Department. (2) An elementary school is subject to this subsection if it has a suspension rate that exceeds: (i) 18 percent of its enrollment for the 2005-2006 school year; (ii) 16 percent of its enrollment for the 2006-2007 school year; (iii) 14 percent of its enrollment for the 2007-2008 school year; (iv) 12 percent of its enrollment for the 2008-2009 school year; and (v) 10 percent of its enrollment for the 2009-2010 school year and each school year thereafter. (3) An elementary school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its existing program if it has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection. (c) (1) Subject to paragraph (3) of this subsection, each county board shall require a school that has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection to implement: (i) A positive behavioral interventions and support program; or (ii) An alternative, research-based, positive, and effective behavior modification program in collaboration with the Department. (2) A school is subject to this subsection if it has a truancy rate that exceeds: (i) 8 percent of its enrollment for the 2008-2009 school year; (ii) 6 percent of its enrollment for the 2009-2010 school year; (iii) 4 percent of its enrollment for the 2010-2011 school year; (iv) 2 percent of its enrollment for the 2011-2012 school year; and (v) 1 percent of its enrollment for the 2012-2013 school year and each school year thereafter. (3) A school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its program if it has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection. (d) The State Board shall adopt regulations to implement the provisions of this section. §7-305. IN EFFECT (a) (1) Except as provided in subsection (b) of this section and § 7-305.1 of this subtitle, in accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal. (2) The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period. (3) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle. (b) (1) Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled from school solely for attendance-related offenses. (2) Paragraph (1) of this subsection does not apply to in-school suspensions for attendance-related offenses. (c) Except as provided in § 7-305.1 of this subtitle, at the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student. (d) (1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent. (2) The county superintendent or the county superintendent's designated representative promptly shall make a thorough investigation of the matter. (3) If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent's designated representative promptly shall arrange a conference with the student and his parent or guardian. (4) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle. (5) If after the conference the county superintendent or the county superintendent's designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student's parent or guardian may: (i) Appeal to the county board within 10 days after the determination; (ii) Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under § 6-203 of this article; and (iii) Bring counsel and witnesses to the hearing. (6) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board. (7) The appeal to the county board does not stay the decision of the county superintendent. (8) The decision of the county board is final. (e) (1) Any student expelled or suspended from school: (i) Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and (ii) May not participate in school sponsored activities. (2) The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian. (3) Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation. (4) (i) If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian. (ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher's classroom. (5) A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion. (6) A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information. (f) (1) In this subsection, "firearm" means a firearm as defined in 18 U.S.C. § 921. (2) Except as provided in paragraph (3) of this subsection, if the county superintendent or the superintendent's designated representative finds that a student has brought a firearm onto school property, the student shall be expelled for a minimum of 1 year. (3) The county superintendent may specify, on a case by case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the county board, for a student who has brought a firearm onto school property. (4) The State Board shall adopt regulations to implement this subsection. (g) (1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, or removal or exclusion of the child from the child's regular school program for more than ten consecutive school days for a reportable offense, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code, including the requirements related to a manifestation determination. (2) If a child with a disability is being considered for suspension or expulsion, the child or the child's parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board. (h) The provisions of this section apply to a student regardless of the cause for which a student is being disciplined, including any removal or exclusion of a student from the student's regular school program arising out of a reportable offense under § 7-303 of this subtitle. (i) (1) This subsection does not apply if the student is referred to the Department of Juvenile Services. (2) If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian and any other appropriate person, the principal shall require the student or the student's parent to make restitution. (3) The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student's assignment to a school work project, or both. §7-305. ** CONTINGENCY - NOT IN EFFECT - CHAPTER 347 OF 1995 ** (a) (1) Except as provided in subsection (b) of this section and § 7-305.1 of this subtitle, in accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal. (2) The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period. (3) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle. (b) (1) Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled from school solely for attendance-related offenses. (2) Paragraph (1) of this subsection does not apply to in-school suspensions for attendance-related offenses. (c) Except as provided in § 7-305.1 of this subtitle, at the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student. (d) (1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent. (2) The county superintendent or the county superintendent's designated representative promptly shall make a thorough investigation of the matter. (3) If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent's designated representative promptly shall arrange a conference with the student and his parent or guardian. (4) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle. (5) If after the conference the county superintendent or the county superintendent's designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student's parent or guardian may: (i) Appeal to the county board within 10 days after the determination; (ii) Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under § 6-203 of this article; and (iii) Bring counsel and witnesses to the hearing. (6) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board. (7) The appeal to the county board does not stay the decision of the county superintendent. (8) The decision of the county board is final. (e) (1) Any student expelled or suspended from school: (i) Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and (ii) May not participate in school sponsored activities. (2) The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian. (3) Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation. (4) (i) If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian. (ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher's classroom. (5) A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion. (6) A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information. (f) (1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, or removal or exclusion of the child from the child's regular school program for more than ten consecutive school days for a reportable offense, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code, including the requirements related to a manifestation determination. (2) If a child with a disability is being considered for suspension or expulsion, the child or the child's parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board. (g) The provisions of this section apply to a student regardless of the cause for which a student is being disciplined, including any removal or exclusion of a student from the student's regular school program arising out of a reportable offense under § 7-303 of this subtitle. (h) (1) This subsection does not apply if the student is referred to the Department of Juvenile Services. (2) If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian and any other appropriate person, the principal shall require the student or the student's parent to make restitution. (3) The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student's assignment to a school work project, or both.
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