EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0468*
HOUSE BILL 468
F1 2lr2329
HB 1254/21 – W&M
By: Delegate Ivey
Introduced and read first time: January 21, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public School Employees – Whistleblower Protections – Civil Actions 2
FOR the purpose of repealing a prerequisite that a certain public school employee who is 3
subject to a certain prohibited personnel action shall exhaust any administrative 4
remedies before instituting a certain civil action; authorizing any public school 5
employee who is subject to a certain personnel action to file an administrative 6
complaint with a public school employer; requiring a public school employer to 7
provide an administrative remedial process for a public school employee who files a 8
certain administrative complaint and to complete it within a certain number of days 9
after a public school employee files an initial administrative complaint; requiring a 10
public school employee who is subject to a certain personnel action, before instituting 11
a civil action, to notify the local superintendent of schools of the employee’s intention 12
to institute a civil action; altering the amount of time within which a public school 13
employee is required to bring a certain action; and generally relating to 14
whistleblower protection for public school employees. 15
BY repealing and reenacting, without amendments, 16
Article – Education 17
Section 6–901 through 6–903 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Education 22
Section 6–904 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2021 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 HOUSE BILL 468
Article – Education 1
6–901. 2
(a) In this subtitle the following words have the meanings indicated. 3
(b) (1) “Public school employee” means any individual who is employed by a 4
public school employer or an individual of equivalent status in Baltimore City. 5
(2) “Public school employee” does not include a State employee. 6
(c) “Public school employer” means a county board of education or the Baltimore 7
City Board of School Commissioners. 8
(d) “Supervisor” means any individual within an employer’s organization who has 9
the authority to direct and control the work performance of an employee, or who has 10
managerial authority to take corrective action regarding the violation of a law, rule, or 11
regulation of which the employee complains. 12
6–902. 13
Subject to § 6–903 of this subtitle, a public school employer may not take or refuse 14
to take any personnel action as reprisal against a public school employee because the 15
employee: 16
(1) Discloses or threatens to disclose to a supervisor an activity, a policy, or 17
a practice of the employer that is in violation of a law, rule, or regulation; 18
(2) Provides information to or testifies before any public body conducting 19
an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by 20
the employer; or 21
(3) Objects to or refuses to participate in any activity, policy, or practice in 22
violation of a law, rule, or regulation. 23
6–903. 24
The protection provided against a violation of § 6–902 of this subtitle shall apply only 25
if: 26
(1) The public school employee has a reasonable, good faith belief that the 27
public school employer has, or still is, engaged in an activity, a policy, or a practice that is 28
in violation of a law, rule, or regulation; 29
(2) The public school employee discloses information that the employee 30
reasonably believes evidences: 31
HOUSE BILL 468 3
(i) An abuse of authority, gross mismanagement, or gross waste of 1
money; 2
(ii) A substantial and specific danger to public health or safety; or 3
(iii) A violation of law; and 4
(3) The public school employee has reported the activity, policy, or practice 5
to a supervisor or an administrator of the public school employer in writing and afforded 6
the employer a reasonable opportunity to correct the activity, policy, or practice. 7
6–904. 8
(a) (1) [A public school employee shall exhaust any administrative remedies 9
before instituting a civil action under this section] ANY PUBLIC SCHOOL EMP LOYEE WHO 10
IS SUBJECT TO A PERS ONNEL ACTION IN VIOL ATION OF § 6–902 OF THIS SUBTITLE 11
MAY FILE AN ADMINIST RATIVE COMPLAINT WIT H A PUBLIC SCHOOL EM PLOYER. 12
(2) A PUBLIC SCHOOL EMPLOY ER SHALL: 13
(I) PROVIDE AN ADMINISTRA TIVE REMEDIAL PROCESS FOR A 14
PUBLIC SCHOOL EMPLOY EE WHO FILES AN ADMI NISTRATIVE COMPLAINT UNDER 15
PARAGRAPH (1) OF THIS SUBSECTION ; AND 16
(II) COMPLETE THE ADMINIST RATIVE REMEDIAL PROC ESS 17
UNDER ITEM (I) OF THIS PARAGRAPH WI THIN 30 DAYS AFTER A PUBLIC SCHOOL 18
EMPLOYEE FILE S AN INITIAL ADMINIS TRATIVE COMPLAINT . 19
(b) (1) [Any] BEFORE INSTITUTING A CIVIL ACTION, A PUBLIC SCHOOL 20
EMPLOYEE WHO IS SUBJ ECT TO A PERSONNEL A CTION IN VIOLATION O F § 6–902 OF 21
THIS SUBTITLE SHALL NOTIFY THE LOCAL SUP ERINTENDENT IN WRITI NG OF THE 22
EMPLOYE E’S INTENTION TO INSTI TUTE A CIVIL ACTION . 23
(2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , ANY public 24
school employee who is subject to a personnel action in violation of § 6–902 of this subtitle 25
may institute a civil action in the county where: 26
[(1)] (I) The alleged violation occurred; 27
[(2)] (II) The employee resides; or 28
[(3)] (III) The public school employer maintains its principal offices in the 29
State. 30
[(c)] (3) The action shall be brought within [6] 9 months after the alleged 31 4 HOUSE BILL 468
violation of § 6–902 of this subtitle occurred, or within [6] 9 months after the public school 1
employee first became aware of the alleged violation of § 6–902 of this subtitle. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2022. 4