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HCPSS / POLICIES

Policy 9280 – School Use of Community or Reportable Offenses

The purpose of this policy is to establish and communicate to students, parents, and HCPSS employees the procedures and guidelines for responding when students are charged with reportable offenses and/or have engaged in community offenses.

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education of Howard County (Board) is committed to providing a safe, inclusive, and nurturing school environment. The Board believes that fostering a school climate where the worth and dignity of individuals are valued and their safety and rights are protected is essential to its mission.

The presence in school of a student who has engaged in a community offense or has been arrested for a reportable offense that may compromise the safety and well-being of students or Howard County Public School System (HCPSS) employees or disrupt the educational process in the school may lead to a school system response under this policy. The Board of Education believes that the educational needs of such students must be carefully balanced with its obligation to provide a safe school environment free of disruption for students and HCPSS employees.

When the presence of a student who has been arrested for a reportable offense has a direct effect on the order and general welfare of the schools, the student may be assigned to alternative education placements and/or disciplined. Likewise, when a student has engaged in a community offense that has a direct effect on the order and general welfare of the school, the student may be assigned to alternative education placements and/or disciplined. It is expected that a school system response to a reportable or community offenses will reflect a restorative approach.

II. Purpose

The purpose of this policy is to establish and communicate to students, parents, and HCPSS employees the procedures and guidelines for responding when students are charged with reportable offenses and/or have engaged in community offenses.

III. Standards

  1. Reportable Offense

    1. Maryland law obligates law enforcement agencies to inform the Superintendents and local education agencies when a student has been arrested for a reportable offense. Upon receipt of information of an arrest of a student for such an offense, the Superintendent/designee will provide the principal of the school in which the student is enrolled with the arrest information, including the charges.

    2. If a principal/designee obtains information that a student has been arrested for a reportable offense, the principal/designee will notify the Superintendent/designee to obtain official confirmation of this information.

    3. Upon receipt of notification, the principal/designee will consider whether or not the student’s presence in the school has a direct effect on student safety, order, and/or the general welfare of the school.

    4. Upon the recommendation of the principal/designee and Community and Reportable Offense Evaluation (CARE) Team of the school attended by the student arrested for a reportable offense, the Superintendent/designee may assign the student to an alternative education placement and/or discipline the student. If the principal/designee decides to take disciplinary action in accordance with Policy 9200 Student Discipline, students will be accorded due process before discipline is administered which includes being made aware of their right to appeal.

    5. If a student is removed or excluded from the student’s regular school program for a reportable offense, the principal or Superintendent/designee will invite the student’s attorney, if the student has an attorney, to participate in the conference between the student or the student’s parent and the principal or Superintendent/designee.

    6. A student who has been arrested for a reportable offense may only be disciplined if there is sufficient evidence proving the student’s conduct and the student’s presence in school has a direct effect on the order and general welfare of the school. The notification provided by law enforcement agencies that the student has been arrested for a reportable offense may not be used as evidence that the student engaged in the conduct.

    7. The discipline of a child with a disability, including removal or exclusion from the child’s regular school program for more than ten (10) consecutive school days for a reportable offense, will be conducted in conformance with the requirements of the Individuals with Disabilities Education Act (IDEA) of the United States Code, including the requirements related to a manifestation determination. The principal or Superintendent/design will invite the student’s attorney, if the student has an attorney, to participate in the manifestation determination.

    8. Nothing in this policy is intended to limit the manner in which the school obtains information or uses information obtained by any lawful means other than through official notification of the arrest.

    9. Except by order of a juvenile court or other court upon good cause shown, arrest information received is confidential and may not be disclosed by HCPSS employees, by subpoena or otherwise, nor may it be made part of the student record.

  2. Community Offenses

    1. Upon receipt of information that a student may have engaged in a community offense, the Superintendent/designee will provide the principal of the school in which the student is enrolled with information about the offense.

    2. If a principal/designee obtains information that a student may have engaged in a community offense, the principal/designee will notify the Superintendent/designee of this information.

    3. Upon the recommendation of the principal and CARE Team of the school attended by the student who engaged in a community offense, the Superintendent/designee may assign the student to an alternative education placement and/or discipline the student. If the principal/designee decides to take disciplinary action, in accordance with Policy 9200 Student Discipline, students will be accorded due process before discipline is administered which includes being made aware of their right to appeal.

    4. A student who has engaged in a community offense may only be disciplined if there is sufficient evidence proving the student’s conduct and the student’s presence in school has a direct effect on the order and general welfare of the school.

  3. General Guidelines

    1. All costs of alternative education placements made under this policy will be borne by the school system.

    2. Students assigned to an alternative education placement under this policy will suffer no academic penalty as a result of that placement.

    3. The Superintendent/designee and student’s parent should maintain communication with the home school and/or alternative program staff to ensure that appropriate educational programming is provided when alternative education placement has been decided and student attendance is maintained.

    4. If a student arrested for a reportable offense or engaged in a community offense is a student with a disability, school officials will determine appropriate educational programming and related services in accordance with the Individuals with Disabilities Education Act (IDEA) and State special education law and regulations, including COMAR 13A.05.01.

    5. Community and reportable offense information will not be made part of a student’s permanent educational record.

    6. The CARE Team will function to provide ongoing support to a student and his or her family involved in a community or reportable offense regardless of the administrative response taken.

IV. Responsibilities

  1. The Superintendent/designee will consider recommendations of the principal/designee and CARE Team when deciding to assign the student to an alternative education placement or to discipline the student. The principal will work with the school-based CARE Team prior to making a recommendation to the Superintendent/designee.

  2. When a student involved in a reportable or community offense is assigned to an alternative program, HCPSS school-based employees will work with parents to help ensure that their child attends the assigned alternative education program.

  3. The Superintendent/designee and the principal/designee will each ensure that reportable offense information remains confidential and is not made part of the student’s record.

  4. The Superintendent/designee and the principal/designee will each afford students all rights of due process as they are outlined under this policy.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures for the implementation of this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

  1. Alternative Education Placement – A location outside of the designated home school designed to accommodate the needs of students who have demonstrated the need for significant academic or behavioral support.

  2. Appropriate Educational Programming – A general or alternative educational program/placement that allows the student the opportunity to continue to receive education within the Howard County Public School System (HCPSS) and, if in secondary school, the opportunity to receive credit.

  3. Community and Reportable Offense Evaluation (CARE) Team – A school-based team comprised of members of the Student Support Team (SST), administration, and if applicable, the school’s SRO and security assistants to support a restorative approach to dealing with students and their families involved in community or reportable offense issue.

  4. Community Offense – Any violent act, gang-related activity, or other behavior occurring in the community that results in or poses risk of injury to one or more persons.

  5. Confidential – Information that is private, to be shared by the Superintendent/designee, the principal/designee, and other authorized school system personnel only as required to implement this policy.

  6. Discipline – Action taken in accordance with Policy 9200 by the principal/designee and/or the Superintendent/designee after a determination has been made that a student is in violation of any school system policy and/or the HCPSS Student Code of Conduct. Disciplinary actions can range from verbal reprimands and/or loss of privileges to expulsion.

  7. Gang – A group of three or more individuals who engage in a pattern of destructive or delinquent activity for the benefit of the group’s members and/or for furthering the reputation of the group or individual. A gang shares a common identity, and members view themselves as a cohesive group. The common gang identity may be one or more of the following:

    1. The gang has a name that separates the group from others

    2. Members share common symbols such as clothing, graffiti, and hand signs

    3. Members regularly come together as a group and may claim a specific geographic location inside or outside of the school.

  8. HCPSS Employee – An individual who is a permanent or temporary employee whose compensation is paid in whole or part by the Board and/or an individual who is a student teacher, an intern, consultant, or an independent contractor for the school system.

  9. Manifestation Determination Review – An Individualized Education Program (IEP) team or 504 team consideration to determine whether a student’s behavior is due to the student’s disability when the school or district proposes disciplinary measures that will result in removal of the student for more than ten consecutive or cumulative school days in a school year.

  10. Related Services – Any supportive intervention that is available through the school system.

  11. Reportable Offense – Specific offenses that occurred off school property and did not occur at an event sponsored by the school and that are defined in Section 7-303 of the Education Article of the Annotated Code of Maryland, as may be amended by the Maryland General Assembly.

  12. Restorative Approach – A means of repairing harm caused by conflict and wrongdoing that emphasizes building relationships. It provides an opportunity for those impacted by an incident to come together in a safe space to address their feelings and needs, and reach a resolution that heals and restores.

  13. Student Record – Records directly related to a student and maintained by the HCPSS.

  14. Student Support Team (SST) – School-based team comprised of personnel from student services, administration, and related services that identifies struggling students and plans for interventions and processes of support.

VII. References

A. Legal

  • Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1400 et seq.

  • Md. Ann. Code, Courts and Judicial Proceedings Article, Section 3-8A-03(d)(4)

  • Md. Ann. Code, Criminal Law Article, Sections 3-203, 4-101 to 4-102, 4-203 to 4-204, 4-503, 5-602 to 5-609, 5-612 to 5-614, 5-617 to 5-618, 5-627 to 5-628, 6-102 to 6-105, 6-202, 6-301, 7-105, 9-302 to 9-303, 9-305, 9-504 to 9-505, 9-801 to 9-803, and 14-101

  • Md. Ann. Code, Education Article, Section 7-303

  • COMAR 13A.05.01, Provision of a Free Appropriate Public Education

  • COMAR 13A.08.01.17, School Use of Reportable Offenses

B. Board Policies

C. Relevant Data Sources

D. Other

  • HCPSS Student Code of Conduct

  • Secondary Student & Parent Handbook

VIII. History

ADOPTED: April 3, 1990

REVIEWED: December 20, 2017

MODIFIED: January 12, 2023

REVISED:

  • October 22, 1998

  • June 12, 2008

  • June 13, 2019

EFFECTIVE:

  • July 1, 2019

  • January 12, 2023

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.