EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0023*
HOUSE BILL 23
F1 2lr1210
HB 171/21 – W&M (PRE–FILED)
By: Delegate Washington
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
School Discipline – Data Collection and School Resource Officers 2
FOR the purpose of requiring the State Department of Education to disaggregate certain 3
discipline–related data in an electronic spreadsheet format for the Department’s 4
website, make the data available to the public, and report certain discipline–related 5
information each year; requiring the Department to lower a risk ratio used to identify 6
a school’s disproportional disciplinary practices and report disproportionality data 7
for high–suspending schools; prohibiting a school resource officer from unilaterally 8
enforcing discipline–related policies, rules, regulations, or procedures; and generally 9
relating to school discipline of students. 10
BY renumbering 11
Article – Education 12
Section 7–306(f) and 7–1508(b), (c), (f), and (h), respectively 13
to be Section 7–306(h) and 7–1508(c), (d), (g), and (i), respectively 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Education 18
Section 7–306(b) and 7–1508(a) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – Education 23
Section 7–306(f) and (g) and 7–1508(b) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2021 Supplement) 26
2 HOUSE BILL 23
BY repealing and reenacting, with amendments, 1
Article – Education 2
Section 7–1508(d), (e), and (g) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 7–306(f) and 7–1508(b), (c), (f), and (h), respectively, of Article – Education 7
of the Annotated Code of Maryland be renumbered to be Section(s) 7–306(h) and 7–1508(c), 8
(d), (g), and (i), respectively. 9
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11
Article – Education 12
7–306. 13
(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 14
Board, a principal, vice principal, or other employee may not administer corporal 15
punishment to discipline a student in a public school in the State. 16
(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 17
DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE–RELATED 18
DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 19
LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 20
(2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 22
DATA, DISAGGREGATED BY GRA DE LEVEL, ON RACE, ETHNICITY, DISABILITY 23
STATUS, INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION 24
PROGRAM, SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY 25
DISPROPORTIONAL DISC IPLINARY PRACTICES O F: 26
(I) A LOCAL SCHOOL SYSTEM ; OR 27
(II) A PUBLIC SCHOOL . 28
(3) ON OR BEFORE AUGUST 1, 2023, AND EACH AUGUST 1 29
THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 30
THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 31
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 32
(G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 33
FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 34 HOUSE BILL 23 3
DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS , AND ENGLISH 1
LANGUAGE PROFICIENCY : 2
(I) AN ELEMENTAR Y SCHOOL THAT SUSPEN DS 10% OR MORE 3
OF ITS STUDENTS IN E ACH SUBGROUP ; AND 4
(II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 5
ITS STUDENTS IN EACH SUBGROUP. 6
(2) THE DEPARTMENT SHALL LOWE R THE RISK RATIO AND STATE 7
COMPARISON THRESHOLD USED FOR IDENTIFYING ACTION U NDER THE FEDERAL 8
REGULATIONS IMPLEMEN TING THE FEDERAL INDIVIDUALS WITH DISABILITIES 9
EDUCATION ACT FOR SCHOOLS WITH HIG H DISPROPORTIONALITY FROM 3.0 TO 2.0. 10
(3) THE DEPARTMENT SHALL : 11
(I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 12
SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 13
(II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 14
PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 15
DATA UNDER THIS PARA GRAPH. 16
7–1508. 17
(a) (1) Each local school system shall designate a school safety coordinator. 18
(2) A designated school safety coordinator shall: 19
(i) Be certified by the Center; and 20
(ii) Serve as a liaison between the local school system, the local law 21
enforcement agency, and the Center. 22
(B) A SCHOOL RESOURCE OFF ICER MAY NOT UNILATE RALLY ENFORCE 23
DISCIPLINE–RELATED SCHOOL POLIC IES, RULES, REGULATIONS , OR PROCEDURES . 24
[(d)] (E) (1) On or before December 15, 2018, the Center, in collaboration 25
with local law enforcement agencies and local school systems, shall analyze the initial data 26
collected under subsection [(c)] (D) of this section and develop guidelines to assist local 27
school systems in: 28
(i) Identifying the appropriate number and assignment of school 29
resource officers, including supplemental coverage by local law enforcement agencies; and 30
4 HOUSE BILL 23
(ii) Collaborating and communicating with local law enforcement 1
agencies. 2
(2) On or before July 1, 2019, each local school system, in consultation with 3
local law enforcement agencies, shall: 4
(i) Develop a plan to implement the guidelines developed by the 5
Center; and 6
(ii) Submit the plan to the Center for review and comment. 7
[(e)] (F) (1) Before the 2018–2019 school year begins, each local school 8
system shall file a report with the Center identifying: 9
(i) The public high schools in the local school system’s jurisdiction 10
that have a school resource officer assigned to the school; and 11
(ii) If a public high school in the local school system’s jurisdiction is 12
not assigned a school resource officer, the adequate local law enforcement coverage that 13
will be provided to the public high school. 14
(2) Beginning with the 2019–2020 school year, and each school year 15
thereafter, before the school year begins, each local school system shall, in accordance with 16
the plan developed under subsection [(d)(2)] (E)(2) of this section, file a report identifying: 17
(i) The public schools in the local school system’s jurisdiction that 18
have a school resource officer assigned to the school; and 19
(ii) If a public school in the local school system’s jurisdiction is not 20
assigned a school resource officer, the adequate local law enforcement coverage that will be 21
provided to the public school. 22
(3) On or before October 1, 2018, and each October 1 thereafter, the Center 23
shall submit a summary of the reports required under this subsection to the Governor and, 24
in accordance with § 2–1257 of the State Government Article, the General Assembly. 25
[(g)] (H) (1) For fiscal year 2020 and each fiscal year thereafter, the Governor 26
shall include in the annual budget bill an appropriation of $10,000,000 to the Fund for the 27
purpose of providing grants to local school systems and local law enforcement agencies to 28
assist in meeting the requirements of subsection [(e)] (F) of this section. 29
(2) Grants provided under this subsection shall be made to each local 30
school system based on the number of schools in each school system in proportion to the 31
total number of public schools in the State in the prior year. 32
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33
1, 2022. 34