Md. Code Ann., Educ. § 7-308
Authority of school to search student
Effective Jul 1, 2004Added as Education § 7-307 by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1982, c. 724; Acts 1983, c. 8; Acts 1996, c. 4, § 1, eff. Oct. 1, 1996; Acts 1996, c. 5, § 1, eff. Oct. 1, 1996. Renumbered as Education § 7-308 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 2004, c. 324, § 1, eff. July 1, 2004.State of Maryland
- (a) A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.
(b)
- (1) Subject to the provisions of paragraph (2) of this subsection, a county board may authorize a teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the teacher has a reasonable belief that the student has in the student's possession an item, the possession of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or regulation of the county board.
- (2) To qualify to conduct a search under this subsection, a teacher shall be designated in writing by a principal and receive training to conduct a search commensurate with the training received by a principal.
- (c) A search under subsection (a) or (b) of this section shall be made in the presence of a third party.
(d)
- (1) A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances including the lockers of students.
- (2) The right of the school official to search the locker shall be announced or published previously in the school.
- (e) The Department shall adopt rules and regulations relating to the searches permitted under this section.
Added as Education § 7-307 by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1982, c. 724; Acts 1983, c. 8; Acts 1996, c. 4, § 1, eff. Oct. 1, 1996; Acts 1996, c. 5, § 1, eff. Oct. 1, 1996. Renumbered as Education § 7-308 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 2004, c. 324, § 1, eff. July 1, 2004.
Formerly Art. 77, § 96A.