Special Rules for Pre-K - 2nd Grade

A student enrolled in a public prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school, except under the following circumstances:

• if required by federal law; or

• Suspended for not more than 5 school days per incident if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports.

School personnel shall provide intervention and support to address the student's behavior if the student is suspended or enrolled in a public prekindergarten program, kindergarten, first grade, or second grade and:

• Is disruptive to the school environment; or

• Commits an act that would be considered an offense subject to suspension but for the student's grade.

Legal Authority:

COMAR 13A.08.01.11