State Board approves publication of COMAR changes on reportable off‑campus offenses and notification rules

Maryland State Department of Education staff asked the State Board for permission to publish amendments to COMAR that implement the 2021 statute on reportable offenses (education, reportable offenses, student discipline and school disruptions). MSDE legal and policy staff explained the proposed regulation defines "reportable offense" as a serious arrest off school grounds and sets required notification steps (law enforcement informs the superintendent; superintendent informs the principal and school security officers). The regulation also spells out confidentiality limits and a requirement to review safety plans every 45 days when a student is moved from their regular program for safety reasons.

Mary Gable and MSDE counsel said the proposed regulation also requires LEAs to report aggregate data to MSDE and to protect FERPA-covered information. Additional responses to stakeholders include ensuring legal counsel is invited when a student has retained an attorney and clarifying protections and procedures for students with Individualized Education Programs (IEPs).

Advocacy organizations (including Disability Rights Maryland and the Maryland Office of the Public Defender) had provided input in meetings with MSDE, and the department summarized outreach. The board voted to publish the proposed COMAR language for a 30-day public comment period; comments will be returned to the board for review before final adoption.

MSDE staff said the published draft will be circulated to AELR, posted in the Maryland Register for 30 days, and the board will review any submitted public comments before final action.