1. A. Police investigations involving the questioning of students may not be permitted on school premises unless in connection with a crime committed on the premises or in connection with an investigation which, if not immediately permitted, would compromise the success of that investigation or endanger the lives or safety of the students or other persons, provided, however, that a school official should be present throughout that questioning.

2. B. A local school system shall permit personnel from a local department of social services or a police officer to question a student on school premises during the school day in an investigation involving suspected child neglect or suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland. The following apply:

   1. (1) The local superintendent or the superintendent's designee shall determine, after consultation with the individual from the local department of social services or the police officer, whether a school official shall be present during the questioning of a student pursuant to this section.
   2. (2) Records and reports concerning child abuse or neglect are confidential, and unauthorized disclosure is a criminal offense under Article 88A, §6(b), Annotated Code of Maryland.
3. C. Except as provided in §D of this regulation, whenever investigative questioning of students is permitted on the premises, the school official shall promptly advise the parent or guardians and the local superintendent's office of the nature of the investigation and such other details as may be required.
4. D. School officials are not required to notify parents or guardians of investigations on school premises involving suspected child neglect and suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland.

5. E. In the absence of an arrest, school officials may not authorize the removal of a student from school for the purpose of investigative questioning without the consent of the parent or guardians, except as provided below:

   1. (1) A student may be removed from school premises if that student is a suspected victim of child abuse or neglect and the local department of social services has guardianship of the child or a court order to remove the child;
   2. (2) The Superintendent or the Superintendent's designee shall ensure that prompt notification of a student's removal from school under this section is made to the student's parent or guardians.

Authority: : Education Article, §§ 2-205, 7-101, 7-101. 1, 7-301, 7-301. 1, 7-303— 7-305, 7-305. 1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912

Effective date: July 26, 1967

Regulation .01A amended effective May 25, 1977 (4:11 Md. R. 868)

Regulation .02 amended effective August 22, 1980 (7:17 Md. R. 1673)

Regulation .02A amended effective November 4, 1977 (4:23 Md. R. 1736)

Regulation .02F amended effective December 1, 1986 (13:24 Md. R. 2561)

Regulation .03C amended effective December 1, 1986 (13:24 Md. R. 2561)

Regulation .06A amended effective October 1, 1975 (2:22 Md. R. 1372)

Regulation .06F adopted effective December 31, 1984 (11:26 Md. R. 2280)

Regulation .07 amended effective December 2, 1985 (12:24 Md. R. 2351)

Chapter revised effective July 1, 1987 (14:9 Md. R. 1082)

Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)

Chapter revised effective July 1, 1990 (16:20 Md. R. 2182)

Regulation .01 amended effective June 22, 1992 (19:12 Md. R. 1135); October 2, 2000 (27:19 Md. R. 1726); January 20, 2003 (30:1 Md. R. 26); July 4, 2005 (32:13 Md. R. 1116)

Regulation .01A amended effective March 20, 2023 (50:5 Md. R. 182)

Regulation .01C amended effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .01D amended effective September 12, 1994 (21:18 Md. R. 1512); October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925)

Regulation .01E amended effective September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876)

Regulation .02 repealed and new Regulations .02, .02-1—.02-4 adopted effective June 22, 1992 (19:12 Md. R. 1135)

Regulation .02 repealed and new Regulation .02 adopted effective June 24, 2002 (29:12 Md. R. 929)

Regulation .02 amended effective January 31, 2006 (32:13 Md. R. 1116)

Regulation .02A amended effective March 3, 2003 (30:4 Md. R. 317)

Regulation .02B amended effective May 31, 1999 (26:11 Md. R. 856)

Regulation .02-2A amended effective June 7, 1993 (20:11 Md. R. 915)

Regulation .02-2C amended effective July 4, 2005 (32:13 Md. R. 1116)

Regulations .02-3 and .02-4 repealed effective June 26, 2000 (27:12 Md. R. 1141)

Regulation .02-3 adopted effective October 30, 2000 (27:21 Md. R. 1976)

Regulation .02-3 amended as an emergency provision effective August 26, 2016 (43:19 Md. R. 1070); amended permanently effective November 24, 2016 (43:23 Md. R. 1280)

Regulation .02-3 repealed and new Regulation .02-3 adopted effective July 22, 2024 (51:14 Md. R. 678)

Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 642)

Regulation .03B amended effective January 20, 2003 (30:1 Md. R. 26); July 24, 2023 (50:14 Md. R. 594)

Regulation .05 repealed and new Regulation .05 adopted effective May 25, 2026 (53:10 Md. R. 455)

Regulation .06 repealed effective September 24, 2018 (45:19 Md. R. 865)

Regulation .07C amended effective November 8, 2004 (31:22 Md. R. 1596)

Regulation .08 repealed and new Regulation .08 adopted effective October 15, 1990 (17:20 Md. R. 2430)

Regulation .08B, D amended effective January 20, 2003 (30:1 Md. R. 26)

Regulation .08C amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .11 amended effective September 2, 1991 (18:17 Md. R. 1920); September 12, 1994 (21:18 Md. R. 1512); March 24, 1997 (24:6 Md. R. 486); February 17, 2014 (41:3 Md. R. 202)

Regulation .11B, C amended effective October 5, 2009 (36:20 Md. R. 1531); September 24, 2018 (45:19 Md. R. 865)

Regulation .11C amended effective January 20, 2003 (30:1 Md. R. 26)

Regulation .11H adopted effective September 24, 2018 (45:19 Md. R. 865)

Regulation .12F adopted effective February 17, 2014 (41:3 Md. R. 202)

Regulation .12-1 adopted effective March 11, 1996 (23:5 Md. R. 380)

Regulation .12-1 amended effective January 6, 2005 (31:26 Md. R. 1864)

Regulation .12-1C amended effective January 20, 2003 (30:1 Md. R. 26)

Regulation .14E amended effective March 24, 1997 (24:6 Md. R. 486)

Regulation .14F adopted effective March 24, 1997 (24:6 Md. R. 486)

Regulation .14 repealed and new Regulation .14 adopted effective March 13, 2006 (33:5 Md. R. 522)

Regulation .15C adopted effective February 17, 2014 (41:3 Md. R. 202)

Regulation .17 adopted effective March 11, 1996 (23:5 Md. R. 380)

Regulation .17 amended effective January 9, 2012 (38:27 Md. R. 1765); August 19, 2024 (51:16 Md. R. 743)

Regulation .17A, C amended effective January 20, 2003 (30:1 Md. R. 26); March 13, 2006 (33:5 Md. R. 522)

Regulation .17F amended effective March 3, 2025 (52:4 March 3, 2025)

Regulations .18— .20 adopted effective July 21, 2003 (30:14 Md. R. 937)

Regulation .21 adopted effective February 17, 2014 (41:3 Md. R. 202)