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*hb1182*
HOUSE BILL 1182
F1 6lr3525
By: Delegate McCaskill Delegates McCaskill, Ebersole, Feldmark, Griffith, Miller,
Mireku–North, Palakovich Carr, Pasteur, Patterson, Wilkins, and Wims
Introduced and read first time: February 11, 2026
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2026
CHAPTER ______
AN ACT concerning 1
Public and Nonpublic Schools – Student Elopement – Locative Devices 2
FOR the purpose of requiring certain public and nonpublic schools to develop policies and 3
procedures regarding student wandering or elopement behavior; authorizing certain 4
public and nonpublic schools to coordinate a student’s voluntary use of a certain 5
locative device and monitor the student’s location using the locative device for certain 6
purposes and under certain circumstances; establishing certain privacy and data 7
protections for information obtained through a student’s voluntary use of a certain 8
locative device; requiring the State Department of Education to issue certain 9
advisory guidance to certain public and nonpublic schools; and generally relating to 10
student wandering and elopement behavior. 11
BY repealing and reenacting, without amendments, 12
Article – Education 13
Section 7–11A–01 and 7–11A–02 14
Annotated Code of Maryland 15
(2025 Replacement Volume and 2025 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Education 18
Section 7–11A–02 19
Annotated Code of Maryland 20
(2025 Replacement Volume and 2025 Supplement) 21
2 HOUSE BILL 1182
BY repealing 1
Article – Education 2
Section 7–11A–03 3
Annotated Code of Maryland 4
(2025 Replacement Volume and 2025 Supplement) 5
BY adding to 6
Article – Education 7
Section 7–11A–03 and 7–11A–04 8
Annotated Code of Maryland 9
(2025 Replacement Volume and 2025 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Education 13
7–11A–01. 14
(a) In this subtitle the following words have the meanings indicated. 15
(b) “Behavior intervention plan” has the meaning stated in § 7–1101 of this title. 16
(c) “Elopement” means the act of a student leaving the school campus without the 17
permission of a school staff member who has responsibility for the student. 18
(d) “IEP” means an individualized education program as defined under the 19
federal Individuals with Disabilities Education Act. 20
(e) “Nonpublic school” has the meaning stated in § 7–1101 of this title. 21
(f) “School” means: 22
(1) A public elementary, middle, or high school; 23
(2) The Maryland School for the Blind; 24
(3) The Maryland School for the Deaf; and 25
(4) A nonpublic school. 26
(g) “School campus” means the buildings and grounds of a school, inc luding a 27
playground. 28
(h) (1) “Wandering” means the act of a student leaving a classroom or area on 29
the school campus, but not leaving the school campus, without the permission of a school 30
staff member who has responsibility for the student. 31
HOUSE BILL 1182 3
(2) “Wandering” does not include a student leaving a classroom or area on 1
the school campus under a flash pass or another standing arrangement that has been 2
approved by a school administrator. 3
7–11A–02. 4
(a) Each time a student attempts or accomplishes an elopement, the school shall 5
notify the student’s parent or guardian of the elopement incident on the same day as the 6
elopement incident. 7
(b) At least one time each year, a school or a student’s IEP team shall review and 8
address with relevant stakeholders a stude nt’s wandering or elopement behavior in 9
updating the student’s IEP or behavior intervention plan. 10
(C) A SCHOOL SHALL DEVELOP POLICIES AND PROCEDURES TO IMPLEMENT 11
THE REQUIREMENTS OF THIS SECTION. 12
[7–11A–03. 13
A school shall develop policies and procedures to implement the requirements of this 14
subtitle.] 15
7–11A–03. 16
(A) IN THIS SECTION , “LOCATIVE DEVICE ” MEANS A WEARABLE OR 17
PORTABLE ELECTRONIC DEVICE THAT IS CAPAB LE OF LOCATING A STU DENT 18
DURING AN ELOPEMENT INCIDENT. 19
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A SCHOOL MAY 20
COORDINATE A STUDENT’S VOLUNTARY USE OF A LOCATIVE DEVICE AND MONITOR 21
THE STUDENT’S LOCATION USING THE LOCATIVE DEVICE ONLY IF: 22
(1) THE STUDENT HAS A DOC UMENTED HISTORY OF WANDERING OR 23
ELOPEMENT BEHAVIOR IN THE STUDENT’S IEP OR BEHAVIOR INTERVENTION PLAN; 24
AND 25
(2) THE STUDENT ’S PARENT OR GUARDIAN PROVIDES INFORMED , 26
WRITTEN CONSENT TO: 27
(I) THE STUDENT ’S VOLUNTARY USE OF T HE LOCATIVE 28
DEVICE; AND 29
(II) THE SCHOOL’S MONITORING OF THE STUDENT’S LOCATION 30
USING THE LOCATIVE DEVICE; AND 31
4 HOUSE BILL 1182
(3) THE LOCATIVE DEVICE: 1
(I) IS INCAPABLE OF MAKING AUDIO OR VIDEO RECORDINGS OF 2
OTHER STUDENTS OR SCHOOL PERSONNEL; OR 3
(II) HAS FEATURES CAPABLE OF AUDIO OR VIDEO RE CORDING 4
TURNED OFF WHEN THE STUDENT IS IN AN EDUCATIONAL SETTING. 5
(C) (1) A SCHOOL MAY MONITOR A STUDENT’S LOCATION USING A 6
LOCATIVE DEVICE UNDE R THIS SECTION ONLY FOR WANDERING OR ELO PEMENT 7
BEHAVIOR. 8
(2) A SCHOOL SHALL: 9
(I) LIMIT INFORMATION OBT AINED THROUGH A STUD ENT’S 10
VOLUNTARY USE OF A L OCATIVE DEVICE IN ACCORDANCE WITH THIS SECTION TO 11
INFORMATION THAT IS REASONABLY NECESSARY TO ADDRESS OR RESPON D TO A 12
STUDENT’S WANDERING OR ELOPEMENT BEHAVIOR; AND 13
(II) MAINTAIN ANY INFORMAT ION OBTAINED THROUGH A 14
STUDENT’S USE OF A LOCATIVE DEVICE IN ACCORDAN CE WITH APPLICABLE 15
FEDERAL AND STATE EDUCATION PRIVACY LAWS. 16
(3) INFORMATION OBTAINED THROUGH A STUDENT ’S VOLUNTARY 17
USE OF A LOCATIVE DEVICE IN ACCORDANCE WITH THIS SECTION: 18
(I) MAY BE ACCESSED ONLY BY: 19
1. PERSONNEL IDENTIFIED IN THE STUDENT ’S IEP OR 20
BEHAVIOR INTERVENTION PLAN; AND 21
2. EMERGENCY RESPONSE PR OVIDERS AS NECESSARY 22
DURING AN ELOPEMENT INCIDENT; 23
(II) MAY NOT BE RETAINED F OR LONGER THAN NECESSARY TO 24
ADDRESS OR RESPOND TO A STUDENT’S WANDERING OR ELOPEMENT BEHAVIOR OR 25
AS REQUIRED BY LAW; AND 26
(III) SHALL BE PROTECTED BY EMPLOYING REASONABLE 27
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS. 28
(D) (1) THE DEPARTMENT SHALL ISSU E ADVISORY GUIDANCE TO 29
SCHOOLS ON: 30
HOUSE BILL 1182 5
(I) INCORPORATING A STUDE NT’S VOLUNTARY USE OF A 1
LOCATIVE DEVICE IN ACCORDANCE WITH THIS SECTION IN THE STUDENT’S IEP OR 2
BEHAVIOR INTERVENTION PLAN; AND 3
(II) PRIVACY AND DATA PROT ECTION CONSIDERATION S 4
ASSOCIATED WITH USE OF A LOCATIVE DEVICE. 5
(2) THE DEPARTMENT’S GUIDANCE UNDER THIS SUBSECTION SHALL: 6
(I) SHALL GRANT A SCHOOL DISCRETION AS TO WHETHER AND 7
HOW TO IMPLEMENT A S TUDENT’S VOLUNTARY USE OF A LOCATIVE DEVICE IN 8
ACCORDANCE WITH THIS SECTION; AND 9
(II) MAY NOT BE CONSTRUED AS LEGAL ADVICE ABOU T THE 10
FEDERAL ADMINISTRATION OF FEDERAL PRIVACY LAW. 11
(E) A SCHOOL MAY DEVELOP P OLICIES AND PROCEDURES TO IMPLEMENT 12
THE REQUIREMENTS OF THIS SECTION. 13
(F) NOTHING IN THIS SECTION MAY BE CONSTRUED TO: 14
(1) REQUIRE A SCHOOL TO P ROVIDE, PURCHASE, REIMBURSE, 15
MANAGE, OR MONITOR A LOCATIVE DEVICE OR A RELATED SERVICE PLAN; OR 16
(2) REQUIRE A PARENT , GUARDIAN, OR STUDENT TO PURCHA SE OR 17
USE A LOCATIVE DEVICE, INCLUDING AS A CONDITION OF ENROLLMENT IN A SCHOOL 18
OR FOR THE PROVISION OF ANY SERVICE. 19
7–11A–04. 20
A SCHOOL: 21
(1) SUBJECT TO ITEM (2) OF THIS SECTION , SHALL DEVELOP 22
POLICIES AND PROCEDU RES TO IMPLEMENT THE REQUIREMENTS OF THIS 23
SUBTITLE; AND 24
(2) MAY DEVELOP POLICIES AND PROCEDURES TO IM PLEMENT THE 25
REQUIREMENTS OF § 7–11A–03 OF THIS SUBTITLE. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
1, 2026. 28