| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0023* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 23 | |
| 11 | 8 | F1 2lr1210 | |
| 12 | 9 | HB 171/21 – W&M (PRE–FILED) | |
| 13 | 10 | By: Delegate Washington | |
| 14 | 11 | Requested: November 1, 2021 | |
| 15 | 12 | Introduced and read first time: January 12, 2022 | |
| 16 | 13 | Assigned to: Ways and Means | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 12, 2022 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | School Discipline – Data Collection and School Resource Officers 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring the State Department of Education to disaggregate certain 3 | |
| 28 | 22 | discipline–related data in an electronic spreadsheet format for the Department’s 4 | |
| 29 | 23 | website, make the data available to the public, and report certain discipline–related 5 | |
| 30 | - | information each year; requiring the Department to lower a | |
| 31 | - | ||
| 32 | - | ||
| 33 | - | ||
| 34 | - | ||
| 24 | + | information each year; requiring the Department to lower a risk ratio used to identify 6 | |
| 25 | + | a school’s disproportional disciplinary practices and report disproportionality data 7 | |
| 26 | + | for high–suspending schools; prohibiting a school resource officer from unilaterally 8 | |
| 27 | + | enforcing discipline–related policies, rules, regulations, or procedures; and generally 9 | |
| 28 | + | relating to school discipline of students. 10 | |
| 35 | 29 | ||
| 36 | 30 | BY renumbering 11 | |
| 37 | 31 | Article – Education 12 | |
| 38 | 32 | Section 7–306(f) and 7–1508(b), (c), (f), and (h), respectively 13 | |
| 39 | 33 | to be Section 7–306(h) and 7–1508(c), (d), (g), and (i), respectively 14 | |
| 40 | 34 | Annotated Code of Maryland 15 | |
| 41 | 35 | (2018 Replacement Volume and 2021 Supplement) 16 | |
| 42 | 36 | ||
| 43 | 37 | BY repealing and reenacting, without amendments, 17 | |
| 44 | 38 | Article – Education 18 | |
| 45 | 39 | Section 7–306(b) and 7–1508(a) 19 | |
| 46 | 40 | Annotated Code of Maryland 20 | |
| 47 | 41 | (2018 Replacement Volume and 2021 Supplement) 21 | |
| 42 | + | ||
| 43 | + | BY adding to 22 | |
| 44 | + | Article – Education 23 | |
| 45 | + | Section 7–306(f) and (g) and 7–1508(b) 24 | |
| 46 | + | Annotated Code of Maryland 25 | |
| 47 | + | (2018 Replacement Volume and 2021 Supplement) 26 | |
| 48 | 48 | 2 HOUSE BILL 23 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | BY | |
| 51 | + | BY repealing and reenacting, with amendments, 1 | |
| 52 | 52 | Article – Education 2 | |
| 53 | - | Section 7– | |
| 53 | + | Section 7–1508(d), (e), and (g) 3 | |
| 54 | 54 | Annotated Code of Maryland 4 | |
| 55 | 55 | (2018 Replacement Volume and 2021 Supplement) 5 | |
| 56 | 56 | ||
| 57 | - | BY repealing and reenacting, with amendments, 6 | |
| 58 | - | Article – Education 7 | |
| 59 | - | Section 7–1508(d), (e), and (g) 8 | |
| 60 | - | Annotated Code of Maryland 9 | |
| 61 | - | (2018 Replacement Volume and 2021 Supplement) 10 | |
| 57 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 58 | + | That Section(s) 7–306(f) and 7–1508(b), (c), (f), and (h), respectively, of Article – Education 7 | |
| 59 | + | of the Annotated Code of Maryland be renumbered to be Section(s) 7–306(h) and 7–1508(c), 8 | |
| 60 | + | (d), (g), and (i), respectively. 9 | |
| 62 | 61 | ||
| 63 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
| 64 | - | That Section(s) 7–306(f) and 7–1508(b), (c), (f), and (h), respectively, of Article – Education 12 | |
| 65 | - | of the Annotated Code of Maryland be renumbered to be Section(s) 7–306(h) and 7–1508(c), 13 | |
| 66 | - | (d), (g), and (i), respectively. 14 | |
| 62 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10 | |
| 63 | + | as follows: 11 | |
| 67 | 64 | ||
| 68 | - | BY repealing and reenacting, with amendments, 15 | |
| 69 | - | Article – Education 16 | |
| 70 | - | Section 7–306 17 | |
| 71 | - | Annotated Code of Maryland 18 | |
| 72 | - | (2018 Replacement Volume and 2021 Supplement) 19 | |
| 65 | + | Article – Education 12 | |
| 73 | 66 | ||
| 74 | - | SECTION 2. 1. AND BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY 20 | |
| 75 | - | OF MARYLAND , That the Laws of Maryland read as follows: 21 | |
| 67 | + | 7–306. 13 | |
| 76 | 68 | ||
| 77 | - | Article – Education 22 | |
| 69 | + | (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 14 | |
| 70 | + | Board, a principal, vice principal, or other employee may not administer corporal 15 | |
| 71 | + | punishment to discipline a student in a public school in the State. 16 | |
| 78 | 72 | ||
| 79 | - | 7–306. 23 | |
| 73 | + | (F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 17 | |
| 74 | + | DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE–RELATED 18 | |
| 75 | + | DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 19 | |
| 76 | + | LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 20 | |
| 80 | 77 | ||
| 81 | - | (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 24 | |
| 82 | - | Board, a principal, vice principal, or other employee may not administer corporal 25 | |
| 83 | - | punishment to discipline a student in a public school in the State. 26 | |
| 78 | + | (2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 21 | |
| 79 | + | SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 22 | |
| 80 | + | DATA, DISAGGREGATED BY GRA DE LEVEL, ON RACE, ETHNICITY, DISABILITY 23 | |
| 81 | + | STATUS, INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION 24 | |
| 82 | + | PROGRAM, SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY 25 | |
| 83 | + | DISPROPORTIONAL DISC IPLINARY PRACTICES O F: 26 | |
| 84 | 84 | ||
| 85 | - | (F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSIBLE AND 27 | |
| 86 | - | DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 28 | |
| 87 | - | DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 29 | |
| 88 | - | LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 30 | |
| 85 | + | (I) A LOCAL SCHOOL SYSTEM ; OR 27 | |
| 89 | 86 | ||
| 90 | - | (2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 31 | |
| 91 | - | SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 32 | |
| 92 | - | DATA, DISAGGREGATED BY GRA DE LEVEL, ON RACE, ETHNICITY, DISABILITY 33 | |
| 93 | - | STATUS, INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION 34 | |
| 94 | - | PROGRAM, SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY 35 | |
| 95 | - | DISPROPORTIONAL DISC IPLINARY PRACTICES O F: 36 | |
| 96 | - | HOUSE BILL 23 3 | |
| 87 | + | (II) A PUBLIC SCHOOL . 28 | |
| 88 | + | ||
| 89 | + | (3) ON OR BEFORE AUGUST 1, 2023, AND EACH AUGUST 1 29 | |
| 90 | + | THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 30 | |
| 91 | + | THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 31 | |
| 92 | + | STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 32 | |
| 93 | + | ||
| 94 | + | (G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 33 | |
| 95 | + | FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 34 HOUSE BILL 23 3 | |
| 97 | 96 | ||
| 98 | 97 | ||
| 99 | - | (I) A LOCAL SCHOOL SYSTEM ; OR 1 | |
| 98 | + | DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS , AND ENGLISH 1 | |
| 99 | + | LANGUAGE PROFICIENCY : 2 | |
| 100 | 100 | ||
| 101 | - | (II) A PUBLIC SCHOOL . 2 | |
| 101 | + | (I) AN ELEMENTAR Y SCHOOL THAT SUSPEN DS 10% OR MORE 3 | |
| 102 | + | OF ITS STUDENTS IN E ACH SUBGROUP ; AND 4 | |
| 102 | 103 | ||
| 103 | - | (3) ON OR BEFORE AUGUST 1, 2023, AND EACH AUGUST 1 3 | |
| 104 | - | THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 4 | |
| 105 | - | THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 5 | |
| 106 | - | STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 6 | |
| 104 | + | (II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 5 | |
| 105 | + | ITS STUDENTS IN EACH SUBGROUP. 6 | |
| 107 | 106 | ||
| 108 | - | ( | |
| 109 | - | ||
| 110 | - | ||
| 111 | - | ||
| 107 | + | (2) THE DEPARTMENT SHALL LOWE R THE RISK RATIO AND STATE 7 | |
| 108 | + | COMPARISON THRESHOLD USED FOR IDENTIFYING ACTION U NDER THE FEDERAL 8 | |
| 109 | + | REGULATIONS IMPLEMEN TING THE FEDERAL INDIVIDUALS WITH DISABILITIES 9 | |
| 110 | + | EDUCATION ACT FOR SCHOOLS WITH HIG H DISPROPORTIONALITY FROM 3.0 TO 2.0. 10 | |
| 112 | 111 | ||
| 113 | - | (I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 11 | |
| 114 | - | OF ITS STUDENTS IN E ACH SUBGROUP ; AND 12 | |
| 112 | + | (3) THE DEPARTMENT SHALL : 11 | |
| 115 | 113 | ||
| 116 | - | ( | |
| 117 | - | ||
| 114 | + | (I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 12 | |
| 115 | + | SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 13 | |
| 118 | 116 | ||
| 119 | - | (2) THE DEPARTMENT SHALL LOWER THE RISK RATIO AND STATE 15 | |
| 120 | - | COMPARISON THRESHOLD USED FOR IDENTIFYING ACTION UNDER THE FED ERAL 16 | |
| 121 | - | REGULATIONS IMPLEMEN TING THE FEDERAL INDIVIDUALS WITH DISABILITIES 17 | |
| 122 | - | EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONAL ITY FROM 3.0 TO 2.0. 18 | |
| 117 | + | (II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 14 | |
| 118 | + | PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 15 | |
| 119 | + | DATA UNDER THIS PARA GRAPH. 16 | |
| 123 | 120 | ||
| 124 | - | ||
| 121 | + | 7–1508. 17 | |
| 125 | 122 | ||
| 126 | - | (I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 20 | |
| 127 | - | SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 21 | |
| 123 | + | (a) (1) Each local school system shall designate a school safety coordinator. 18 | |
| 128 | 124 | ||
| 129 | - | (II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 22 | |
| 130 | - | PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 23 | |
| 131 | - | DATA UNDER THIS PARA GRAPH. 24 | |
| 125 | + | (2) A designated school safety coordinator shall: 19 | |
| 132 | 126 | ||
| 133 | - | ||
| 127 | + | (i) Be certified by the Center; and 20 | |
| 134 | 128 | ||
| 135 | - | (a) (1) Each local school system shall designate a school safety coordinator. 26 | |
| 129 | + | (ii) Serve as a liaison between the local school system, the local law 21 | |
| 130 | + | enforcement agency, and the Center. 22 | |
| 136 | 131 | ||
| 137 | - | (2) A designated school safety coordinator shall: 27 | |
| 132 | + | (B) A SCHOOL RESOURCE OFF ICER MAY NOT UNILATE RALLY ENFORCE 23 | |
| 133 | + | DISCIPLINE–RELATED SCHOOL POLIC IES, RULES, REGULATIONS , OR PROCEDURES . 24 | |
| 138 | 134 | ||
| 139 | - | (i) Be certified by the Center; and 28 | |
| 135 | + | [(d)] (E) (1) On or before December 15, 2018, the Center, in collaboration 25 | |
| 136 | + | with local law enforcement agencies and local school systems, shall analyze the initial data 26 | |
| 137 | + | collected under subsection [(c)] (D) of this section and develop guidelines to assist local 27 | |
| 138 | + | school systems in: 28 | |
| 140 | 139 | ||
| 141 | - | ( | |
| 142 | - | enforcement | |
| 140 | + | (i) Identifying the appropriate number and assignment of school 29 | |
| 141 | + | resource officers, including supplemental coverage by local law enforcement agencies; and 30 | |
| 143 | 142 | 4 HOUSE BILL 23 | |
| 144 | 143 | ||
| 145 | 144 | ||
| 146 | - | ( | |
| 147 | - | ||
| 145 | + | (ii) Collaborating and communicating with local law enforcement 1 | |
| 146 | + | agencies. 2 | |
| 148 | 147 | ||
| 149 | - | [(d)] (E) (1) On or before December 15, 2018, the Center, in collaboration 3 | |
| 150 | - | with local law enforcement agencies and local school systems, shall analyze the initial data 4 | |
| 151 | - | collected under subsection [(c)] (D) of this section and develop guidelines to assist local 5 | |
| 152 | - | school systems in: 6 | |
| 148 | + | (2) On or before July 1, 2019, each local school system, in consultation with 3 | |
| 149 | + | local law enforcement agencies, shall: 4 | |
| 153 | 150 | ||
| 154 | - | (i) | |
| 155 | - | ||
| 151 | + | (i) Develop a plan to implement the guidelines developed by the 5 | |
| 152 | + | Center; and 6 | |
| 156 | 153 | ||
| 157 | - | (ii) Collaborating and communicating with local law enforcement 9 | |
| 158 | - | agencies. 10 | |
| 154 | + | (ii) Submit the plan to the Center for review and comment. 7 | |
| 159 | 155 | ||
| 160 | - | ( | |
| 161 | - | ||
| 156 | + | [(e)] (F) (1) Before the 2018–2019 school year begins, each local school 8 | |
| 157 | + | system shall file a report with the Center identifying: 9 | |
| 162 | 158 | ||
| 163 | - | (i) | |
| 164 | - | ||
| 159 | + | (i) The public high schools in the local school system’s jurisdiction 10 | |
| 160 | + | that have a school resource officer assigned to the school; and 11 | |
| 165 | 161 | ||
| 166 | - | (ii) Submit the plan to the Center for review and comment. 15 | |
| 162 | + | (ii) If a public high school in the local school system’s jurisdiction is 12 | |
| 163 | + | not assigned a school resource officer, the adequate local law enforcement coverage that 13 | |
| 164 | + | will be provided to the public high school. 14 | |
| 167 | 165 | ||
| 168 | - | [(e)] (F) (1) Before the 2018–2019 school year begins, each local school 16 | |
| 169 | - | system shall file a report with the Center identifying: 17 | |
| 166 | + | (2) Beginning with the 2019–2020 school year, and each school year 15 | |
| 167 | + | thereafter, before the school year begins, each local school system shall, in accordance with 16 | |
| 168 | + | the plan developed under subsection [(d)(2)] (E)(2) of this section, file a report identifying: 17 | |
| 170 | 169 | ||
| 171 | - | (i) The public | |
| 172 | - | ||
| 170 | + | (i) The public schools in the local school system’s jurisdiction that 18 | |
| 171 | + | have a school resource officer assigned to the school; and 19 | |
| 173 | 172 | ||
| 174 | - | (ii) If a public | |
| 175 | - | ||
| 176 | - | ||
| 173 | + | (ii) If a public school in the local school system’s jurisdiction is not 20 | |
| 174 | + | assigned a school resource officer, the adequate local law enforcement coverage that will be 21 | |
| 175 | + | provided to the public school. 22 | |
| 177 | 176 | ||
| 178 | - | ( | |
| 179 | - | ||
| 180 | - | ||
| 177 | + | (3) On or before October 1, 2018, and each October 1 thereafter, the Center 23 | |
| 178 | + | shall submit a summary of the reports required under this subsection to the Governor and, 24 | |
| 179 | + | in accordance with § 2–1257 of the State Government Article, the General Assembly. 25 | |
| 181 | 180 | ||
| 182 | - | (i) The public schools in the local school system’s jurisdiction that 26 | |
| 183 | - | have a school resource officer assigned to the school; and 27 | |
| 181 | + | [(g)] (H) (1) For fiscal year 2020 and each fiscal year thereafter, the Governor 26 | |
| 182 | + | shall include in the annual budget bill an appropriation of $10,000,000 to the Fund for the 27 | |
| 183 | + | purpose of providing grants to local school systems and local law enforcement agencies to 28 | |
| 184 | + | assist in meeting the requirements of subsection [(e)] (F) of this section. 29 | |
| 184 | 185 | ||
| 185 | - | ( | |
| 186 | - | ||
| 187 | - | ||
| 186 | + | (2) Grants provided under this subsection shall be made to each local 30 | |
| 187 | + | school system based on the number of schools in each school system in proportion to the 31 | |
| 188 | + | total number of public schools in the State in the prior year. 32 | |
| 188 | 189 | ||
| 189 | - | (3) On or before October 1, 2018, and each October 1 thereafter, the Center 31 | |
| 190 | - | shall submit a summary of the reports required under this subsection to the Governor and, 32 | |
| 191 | - | in accordance with § 2–1257 of the State Government Article, the General Assembly. 33 HOUSE BILL 23 5 | |
| 192 | - | ||
| 193 | - | ||
| 194 | - | ||
| 195 | - | [(g)] (H) (1) For fiscal year 2020 and each fiscal year thereafter, the Governor 1 | |
| 196 | - | shall include in the annual budget bill an appropriation of $10,000,000 to the Fund for the 2 | |
| 197 | - | purpose of providing grants to local school systems and local law enforcement agencies to 3 | |
| 198 | - | assist in meeting the requirements of subsection [(e)] (F) of this section. 4 | |
| 199 | - | ||
| 200 | - | (2) Grants provided under this subsection shall be made to each local 5 | |
| 201 | - | school system based on the number of schools in each school system in proportion to the 6 | |
| 202 | - | total number of public schools in the State in the prior year. 7 | |
| 203 | - | ||
| 204 | - | 7–306. 8 | |
| 205 | - | ||
| 206 | - | (a) (1) In this section, “restorative approaches” means a relationship–focused 9 | |
| 207 | - | student discipline model that: 10 | |
| 208 | - | ||
| 209 | - | (i) Is preventive and proactive; 11 | |
| 210 | - | ||
| 211 | - | (ii) Emphasizes building strong relationships and setting clear 12 | |
| 212 | - | behavioral expectations that contribute to the well–being of the school community; 13 | |
| 213 | - | ||
| 214 | - | (iii) In response to behavior that violates the clear behavioral 14 | |
| 215 | - | expectations that contribute to the well–being of the school community, focuses on 15 | |
| 216 | - | accountability for any harm done by the problem behavior; and 16 | |
| 217 | - | ||
| 218 | - | (iv) Addresses ways to repair the relationships affected by the 17 | |
| 219 | - | problem behavior with the voluntary participation of an individual who was harmed. 18 | |
| 220 | - | ||
| 221 | - | (2) “Restorative approaches” may include: 19 | |
| 222 | - | ||
| 223 | - | (i) Conflict resolution; 20 | |
| 224 | - | ||
| 225 | - | (ii) Mediation; 21 | |
| 226 | - | ||
| 227 | - | (iii) Peer mediation; 22 | |
| 228 | - | ||
| 229 | - | (iv) Circle processes; 23 | |
| 230 | - | ||
| 231 | - | (v) Restorative conferences; 24 | |
| 232 | - | ||
| 233 | - | (vi) Social emotional learning; 25 | |
| 234 | - | ||
| 235 | - | (vii) Trauma–informed care; 26 | |
| 236 | - | ||
| 237 | - | (viii) Positive behavioral intervention supports; and 27 | |
| 238 | - | ||
| 239 | - | (ix) Rehabilitation. 28 | |
| 240 | - | 6 HOUSE BILL 23 | |
| 241 | - | ||
| 242 | - | ||
| 243 | - | (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 1 | |
| 244 | - | Board, a principal, vice principal, or other employee may not administer corporal 2 | |
| 245 | - | punishment to discipline a student in a public school in the State. 3 | |
| 246 | - | ||
| 247 | - | (c) The State Board shall: 4 | |
| 248 | - | ||
| 249 | - | (1) Establish guidelines that define a State code of discipline for all public 5 | |
| 250 | - | schools with standards of conduct and consequences for violations of the standards; 6 | |
| 251 | - | ||
| 252 | - | (2) On request, provide technical assistance and training to county boards 7 | |
| 253 | - | regarding the use of restorative approaches; and 8 | |
| 254 | - | ||
| 255 | - | (3) Assist each county board with the implementation of the guidelines. 9 | |
| 256 | - | ||
| 257 | - | (d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 10 | |
| 258 | - | county board shall adopt regulations designed to create and maintain within the schools 11 | |
| 259 | - | under its jurisdiction the atmosphere of order and discipline necessary for effective 12 | |
| 260 | - | learning. 13 | |
| 261 | - | ||
| 262 | - | (2) The regulations adopted by a county board under this subsection: 14 | |
| 263 | - | ||
| 264 | - | (i) Shall provide for educational and behavioral interventions, 15 | |
| 265 | - | restorative approaches, counseling, and student and parent conferencing; 16 | |
| 266 | - | ||
| 267 | - | (ii) Shall provide alternative programs, which may include in–school 17 | |
| 268 | - | suspension, suspension, expulsion, or other disciplinary measures that are deemed 18 | |
| 269 | - | appropriate; and 19 | |
| 270 | - | ||
| 271 | - | (iii) Shall state that the primary purpose of any disciplinary measure 20 | |
| 272 | - | is rehabilitative, restorative, and educational. 21 | |
| 273 | - | ||
| 274 | - | (e) (1) On or before October 1 each year, the Department shall submit to the 22 | |
| 275 | - | Governor and, in accordance with § 2–1257 of the State Government Article, the General 23 | |
| 276 | - | Assembly, a student discipline data report that includes a description of the uses of 24 | |
| 277 | - | restorative approaches in the State and a review of disciplinary practices and policies in 25 | |
| 278 | - | the State. 26 | |
| 279 | - | ||
| 280 | - | (2) The Department shall disaggregate the information in any student 27 | |
| 281 | - | discipline data report prepared by the Department by race, ethnicity, gender, disability 28 | |
| 282 | - | status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 29 | |
| 283 | - | status, English language proficiency, and type of discipline for: 30 | |
| 284 | - | ||
| 285 | - | (i) The State; 31 | |
| 286 | - | ||
| 287 | - | (ii) Each local school system; and 32 | |
| 288 | - | ||
| 289 | - | (iii) Each public school. 33 HOUSE BILL 23 7 | |
| 290 | - | ||
| 291 | - | ||
| 292 | - | ||
| 293 | - | (3) Special education–related data in any report prepared under this 1 | |
| 294 | - | subsection shall be disaggregated by race, ethnicity, and gender. 2 | |
| 295 | - | ||
| 296 | - | (F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 3 | |
| 297 | - | DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 4 | |
| 298 | - | DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 5 | |
| 299 | - | LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 6 | |
| 300 | - | ||
| 301 | - | (2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 7 | |
| 302 | - | SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 8 | |
| 303 | - | DATA, DISAGGREGATED BY GRA DE LEVEL, ON RACE, ETHNICITY, DISABILITY 9 | |
| 304 | - | STATUS, INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZED EDUCA TION 10 | |
| 305 | - | PROGRAM, SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY 11 | |
| 306 | - | DISPROPORTIONAL DISC IPLINARY PRACTICES O F: 12 | |
| 307 | - | ||
| 308 | - | (I) A LOCAL SCHOOL SYSTEM ; OR 13 | |
| 309 | - | ||
| 310 | - | (II) A PUBLIC SCHOOL . 14 | |
| 311 | - | ||
| 312 | - | (3) ON OR BEFORE AUGUST 1, 2023, AND EACH AUGUST 1 15 | |
| 313 | - | THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 16 | |
| 314 | - | THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 17 | |
| 315 | - | STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 18 | |
| 316 | - | ||
| 317 | - | (G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 19 | |
| 318 | - | FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 20 | |
| 319 | - | DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS , AND ENGLISH 21 | |
| 320 | - | LANGUAGE PROFICIENCY : 22 | |
| 321 | - | ||
| 322 | - | (I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 23 | |
| 323 | - | OF ITS STUDENTS IN E ACH SUBGROUP ; AND 24 | |
| 324 | - | ||
| 325 | - | (II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 25 | |
| 326 | - | ITS STUDENTS IN EACH SUBGROUP. 26 | |
| 327 | - | ||
| 328 | - | (2) THE DEPARTMENT SHALL MAIN TAIN A RISK RATIO AN D STATE 27 | |
| 329 | - | COMPARISON THRESHOLD OF 2.0 TO BE USED FOR IDENT IFYING ACTION UNDER THE 28 | |
| 330 | - | FEDERAL REGULATIONS IMPLEMENTING THE FED ERAL INDIVIDUALS WITH 29 | |
| 331 | - | DISABILITIES EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONAL ITY. 30 | |
| 332 | - | ||
| 333 | - | (3) THE DEPARTMENT SHALL : 31 | |
| 334 | - | 8 HOUSE BILL 23 | |
| 335 | - | ||
| 336 | - | ||
| 337 | - | (I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 1 | |
| 338 | - | SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 2 | |
| 339 | - | ||
| 340 | - | (II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 3 | |
| 341 | - | PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 4 | |
| 342 | - | DATA UNDER THIS PARA GRAPH. 5 | |
| 343 | - | ||
| 344 | - | [(f)] (H) (1) In this subsection, “alternative school discipline practice” means 6 | |
| 345 | - | a discipline practice used in a public school that is not an in–school suspension or an 7 | |
| 346 | - | out–of–school suspension. 8 | |
| 347 | - | ||
| 348 | - | (2) The Department shall collect data on alternative school discipline 9 | |
| 349 | - | practices in public schools for each local school system, including: 10 | |
| 350 | - | ||
| 351 | - | (i) The types of alternative school discipline practices that are used 11 | |
| 352 | - | in a local school system; and 12 | |
| 353 | - | ||
| 354 | - | (ii) The type of misconduct for which an alternative discipline 13 | |
| 355 | - | practice is used. 14 | |
| 356 | - | ||
| 357 | - | SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 | |
| 358 | - | July 1, 2022. 16 | |
| 359 | - | ||
| 360 | - | ||
| 361 | - | ||
| 362 | - | ||
| 363 | - | Approved: | |
| 364 | - | ________________________________________________________________________________ | |
| 365 | - | Governor. | |
| 366 | - | ________________________________________________________________________________ | |
| 367 | - | Speaker of the House of Delegates. | |
| 368 | - | ________________________________________________________________________________ | |
| 369 | - | President of the Senate. | |
| 190 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33 | |
| 191 | + | 1, 2022. 34 |