Section 7-308 - Searches of students and schools. - Maryland Statutes

§ 7-308. Searches of students and schools.
 

(a)  Authority to search student.- 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)  Authority to search student - By teacher.-  

(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)  Presence of third party required.- A search under subsection (a) or (b) of this section shall be made in the presence of a third party. 

(d)  Authority to search school.-  

(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)  Rules and regulations.- The Department shall adopt rules and regulations relating to the searches permitted under this section. 
 

[An. Code 1957, art. 77, § 96A; 1978, ch. 22, § 2; 1982, ch. 724; 1983, ch. 8; 1996, chs. 4, 5; ch. 10, § 16; 2004, ch. 324.]