EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 12, 2022
CHAPTER ______
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 maintain a certain risk 6
ratio used to identify a school’s disproportional disciplinary practices and report 7
disproportionality data for high–suspending schools; prohibiting a school resource 8
officer from unilaterally enforcing discipline–related policies, rules, regulations, or 9
procedures; and generally 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
2 HOUSE BILL 23
BY adding to 1
Article – Education 2
Section 7–306(f) and (g) and 7–1508(b) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 7–1508(d), (e), and (g) 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2021 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That Section(s) 7–306(f) and 7–1508(b), (c), (f), and (h), respectively, of Article – Education 12
of the Annotated Code of Maryland be renumbered to be Section(s) 7–306(h) and 7–1508(c), 13
(d), (g), and (i), respectively. 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 7–306 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 2. 1. AND BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY 20
OF MARYLAND , That the Laws of Maryland read as follows: 21
Article – Education 22
7–306. 23
(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 24
Board, a principal, vice principal, or other employee may not administer corporal 25
punishment to discipline a student in a public school in the State. 26
(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSIBLE AND 27
DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 28
DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 29
LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 30
(2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 31
SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 32
DATA, DISAGGREGATED BY GRA DE LEVEL, ON RACE, ETHNICITY, DISABILITY 33
STATUS, INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION 34
PROGRAM, SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY 35
DISPROPORTIONAL DISC IPLINARY PRACTICES O F: 36
HOUSE BILL 23 3
(I) A LOCAL SCHOOL SYSTEM ; OR 1
(II) A PUBLIC SCHOOL . 2
(3) ON OR BEFORE AUGUST 1, 2023, AND EACH AUGUST 1 3
THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 4
THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 5
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 6
(G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 7
FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 8
DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS, AND ENGLISH 9
LANGUAGE PROFICIENCY : 10
(I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 11
OF ITS STUDENTS IN E ACH SUBGROUP ; AND 12
(II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 13
ITS STUDENTS IN EACH SUBGROUP. 14
(2) THE DEPARTMENT SHALL LOWER THE RISK RATIO AND STATE 15
COMPARISON THRESHOLD USED FOR IDENTIFYING ACTION UNDER THE FED ERAL 16
REGULATIONS IMPLEMEN TING THE FEDERAL INDIVIDUALS WITH DISABILITIES 17
EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONAL ITY FROM 3.0 TO 2.0. 18
(3) THE DEPARTME NT SHALL: 19
(I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 20
SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 21
(II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 22
PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 23
DATA UNDER THIS PARA GRAPH. 24
7–1508. 25
(a) (1) Each local school system shall designate a school safety coordinator. 26
(2) A designated school safety coordinator shall: 27
(i) Be certified by the Center; and 28
(ii) Serve as a liaison between the local school system, the local law 29
enforcement agency, and the Center. 30
4 HOUSE BILL 23
(B) A SCHOOL RESOURCE OFFI CER MAY NOT UNILATER ALLY ENFORCE 1
DISCIPLINE–RELATED SCHOOL POLIC IES, RULES, REGULATIONS , OR PROCEDURES . 2
[(d)] (E) (1) On or before December 15, 2018, the Center, in collaboration 3
with local law enforcement agencies and local school systems, shall analyze the initial data 4
collected under subsection [(c)] (D) of this section and develop guidelines to assist local 5
school systems in: 6
(i) Identifying the appropriate number and assignment of school 7
resource officers, including supplemental coverage by local law enforcement agencies; and 8
(ii) Collaborating and communicating with local law enforcement 9
agencies. 10
(2) On or before July 1, 2019, each local school system, in consultation with 11
local law enforcement agencies, shall: 12
(i) Develop a plan to implement the guidelines developed by the 13
Center; and 14
(ii) Submit the plan to the Center for review and comment. 15
[(e)] (F) (1) Before the 2018–2019 school year begins, each local school 16
system shall file a report with the Center identifying: 17
(i) The public high schools in the local school system’s jurisdiction 18
that have a school resource officer assigned to the school; and 19
(ii) If a public high school in the local school system’s jurisdiction is 20
not assigned a school resource officer, the adequate local law enforcement coverage that 21
will be provided to the public high school. 22
(2) Beginning with the 2019–2020 school year, and each school year 23
thereafter, before the school year begins, each local school system shall, in accordance with 24
the plan developed under subsection [(d)(2)] (E)(2) of this section, file a report identifying: 25
(i) The public schools in the local school system’s jurisdiction that 26
have a school resource officer assigned to the school; and 27
(ii) If a public school in the local school system’s jurisdiction is not 28
assigned a school resource officer, the adequate local law enforcement coverage that will be 29
provided to the public school. 30
(3) On or before October 1, 2018, and each October 1 thereafter, the Center 31
shall submit a summary of the reports required under this subsection to the Governor and, 32
in accordance with § 2–1257 of the State Government Article, the General Assembly. 33 HOUSE BILL 23 5
[(g)] (H) (1) For fiscal year 2020 and each fiscal year thereafter, the Governor 1
shall include in the annual budget bill an appropriation of $10,000,000 to the Fund for the 2
purpose of providing grants to local school systems and local law enforcement agencies to 3
assist in meeting the requirements of subsection [(e)] (F) of this section. 4
(2) Grants provided under this subsection shall be made to each local 5
school system based on the number of schools in each school system in proportion to the 6
total number of public schools in the State in the prior year. 7
7–306. 8
(a) (1) In this section, “restorative approaches” means a relationship–focused 9
student discipline model that: 10
(i) Is preventive and proactive; 11
(ii) Emphasizes building strong relationships and setting clear 12
behavioral expectations that contribute to the well–being of the school community; 13
(iii) In response to behavior that violates the clear behavioral 14
expectations that contribute to the well–being of the school community, focuses on 15
accountability for any harm done by the problem behavior; and 16
(iv) Addresses ways to repair the relationships affected by the 17
problem behavior with the voluntary participation of an individual who was harmed. 18
(2) “Restorative approaches” may include: 19
(i) Conflict resolution; 20
(ii) Mediation; 21
(iii) Peer mediation; 22
(iv) Circle processes; 23
(v) Restorative conferences; 24
(vi) Social emotional learning; 25
(vii) Trauma–informed care; 26
(viii) Positive behavioral intervention supports; and 27
(ix) Rehabilitation. 28
6 HOUSE BILL 23
(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 1
Board, a principal, vice principal, or other employee may not administer corporal 2
punishment to discipline a student in a public school in the State. 3
(c) The State Board shall: 4
(1) Establish guidelines that define a State code of discipline for all public 5
schools with standards of conduct and consequences for violations of the standards; 6
(2) On request, provide technical assistance and training to county boards 7
regarding the use of restorative approaches; and 8
(3) Assist each county board with the implementation of the guidelines. 9
(d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 10
county board shall adopt regulations designed to create and maintain within the schools 11
under its jurisdiction the atmosphere of order and discipline necessary for effective 12
learning. 13
(2) The regulations adopted by a county board under this subsection: 14
(i) Shall provide for educational and behavioral interventions, 15
restorative approaches, counseling, and student and parent conferencing; 16
(ii) Shall provide alternative programs, which may include in–school 17
suspension, suspension, expulsion, or other disciplinary measures that are deemed 18
appropriate; and 19
(iii) Shall state that the primary purpose of any disciplinary measure 20
is rehabilitative, restorative, and educational. 21
(e) (1) On or before October 1 each year, the Department shall submit to the 22
Governor and, in accordance with § 2–1257 of the State Government Article, the General 23
Assembly, a student discipline data report that includes a description of the uses of 24
restorative approaches in the State and a review of disciplinary practices and policies in 25
the State. 26
(2) The Department shall disaggregate the information in any student 27
discipline data report prepared by the Department by race, ethnicity, gender, disability 28
status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 29
status, English language proficiency, and type of discipline for: 30
(i) The State; 31
(ii) Each local school system; and 32
(iii) Each public school. 33 HOUSE BILL 23 7
(3) Special education–related data in any report prepared under this 1
subsection shall be disaggregated by race, ethnicity, and gender. 2
(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 3
DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 4
DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 5
LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 6
(2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 7
SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 8
DATA, DISAGGREGATED BY GRA DE LEVEL, ON RACE, ETHNICITY, DISABILITY 9
STATUS, INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZED EDUCA TION 10
PROGRAM, SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY 11
DISPROPORTIONAL DISC IPLINARY PRACTICES O F: 12
(I) A LOCAL SCHOOL SYSTEM ; OR 13
(II) A PUBLIC SCHOOL . 14
(3) ON OR BEFORE AUGUST 1, 2023, AND EACH AUGUST 1 15
THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 16
THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 17
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 18
(G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 19
FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 20
DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS , AND ENGLISH 21
LANGUAGE PROFICIENCY : 22
(I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 23
OF ITS STUDENTS IN E ACH SUBGROUP ; AND 24
(II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 25
ITS STUDENTS IN EACH SUBGROUP. 26
(2) THE DEPARTMENT SHALL MAIN TAIN A RISK RATIO AN D STATE 27
COMPARISON THRESHOLD OF 2.0 TO BE USED FOR IDENT IFYING ACTION UNDER THE 28
FEDERAL REGULATIONS IMPLEMENTING THE FED ERAL INDIVIDUALS WITH 29
DISABILITIES EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONAL ITY. 30
(3) THE DEPARTMENT SHALL : 31
8 HOUSE BILL 23
(I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 1
SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 2
(II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 3
PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 4
DATA UNDER THIS PARA GRAPH. 5
[(f)] (H) (1) In this subsection, “alternative school discipline practice” means 6
a discipline practice used in a public school that is not an in–school suspension or an 7
out–of–school suspension. 8
(2) The Department shall collect data on alternative school discipline 9
practices in public schools for each local school system, including: 10
(i) The types of alternative school discipline practices that are used 11
in a local school system; and 12
(ii) The type of misconduct for which an alternative discipline 13
practice is used. 14
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
July 1, 2022. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.