LAWRENCE J. HOGAN, JR., Governor Ch. 576
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Chapter 576
(House Bill 468)
AN ACT concerning
Public School Employees – Whistleblower Protections – Civil Actions
FOR the purpose of repealing a prerequisite that a certain public school employee who is
subject to a certain prohibited personnel action shall exhaust any administrative
remedies before instituting a certain civil action; authorizing any public school
employee who is subject to a certain personnel action to file an administrative
complaint with a public school employer; requiring a public school employer to
provide an administrative remedial process for a public school employee who files a
certain administrative complaint and to complete it within a certain number of days
after a public school employee files an initial administrative complaint; requiring a
public school employee who is subject to a certain personnel action, before instituting
a civil action, to notify the local superintendent of schools of the employee’s intention
to institute a civil action; altering the amount of time within which a public school
employee is required to bring a certain action; and generally relating to
whistleblower protection for public school employees.
BY repealing and reenacting, without amendments,
Article – Education
Section 6–901 through 6–903
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 6–904
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
6–901.
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Public school employee” means any individual who is employed by a
public school employer or an individual of equivalent status in Baltimore City.
(2) “Public school employee” does not include a State employee. Ch. 576 2022 LAWS OF MARYLAND
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(c) “Public school employer” means a county board of education or the Baltimore
City Board of School Commissioners.
(d) “Supervisor” means any individual within an employer’s organization who has
the authority to direct and control the work performance of an employee, or who has
managerial authority to take corrective action regarding the violation of a law, rule, or
regulation of which the employee complains.
6–902.
Subject to § 6–903 of this subtitle, a public school employer may not take or refuse
to take any personnel action as reprisal against a public school employee because the
employee:
(1) Discloses or threatens to disclose to a supervisor an activity, a policy, or
a practice of the employer that is in violation of a law, rule, or regulation;
(2) Provides information to or testifies before any public body conducting
an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by
the employer; or
(3) Objects to or refuses to participate in any activity, policy, or practice in
violation of a law, rule, or regulation.
6–903.
The protection provided against a violation of § 6–902 of this subtitle shall apply only
if:
(1) The public school employee has a reasonable, good faith belief that the
public school employer has, or still is, engaged in an activity, a policy, or a practice that is
in violation of a law, rule, or regulation;
(2) The public school employee discloses information that the employee
reasonably believes evidences:
(i) An abuse of authority, gross mismanagement, or gross waste of
money;
(ii) A substantial and specific danger to public health or safety; or
(iii) A violation of law; and
(3) The public school employee has reported the activity, policy, or practice
to a supervisor or an administrator of the public school employer in writing and afforded LAWRENCE J. HOGAN, JR., Governor Ch. 576
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the employer a reasonable opportunity to correct the activity, policy, or practice.
6–904.
(a) (1) [A public school employee shall exhaust any administrative remedies
before instituting a civil action under this section] ANY PUBLIC SCHOOL EMP LOYEE WHO
IS SUBJECT TO A PERS ONNEL ACTION IN VIOL ATION OF § 6–902 OF THIS SUBTITLE
MAY FILE AN ADMINIST RATIVE COMPLAINT WIT H A PUBLIC SCHOOL EM PLOYER.
(2) A PUBLIC SCHOOL EMPLOY ER SHALL:
(I) PROVIDE AN ADMINISTRATIVE REM EDIAL PROCESS FOR A
PUBLIC SCHOOL EMPLOY EE WHO FILES AN ADMI NISTRATIVE COMPLAINT UNDER
PARAGRAPH (1) OF THIS SUBSECTION ; AND
(II) COMPLETE THE ADMINIST RATIVE REMEDIAL PROC ESS
UNDER ITEM (I) OF THIS PARAGRAPH WI THIN 30 DAYS AFTER A P UBLIC SCHOOL
EMPLOYEE FILES AN IN ITIAL ADMINISTRATIVE COMPLAINT.
(b) (1) [Any] BEFORE INSTITUTING A CIVIL ACTION, A PUBLIC SCHOOL
EMPLOYEE WHO IS SUBJ ECT TO A PERSONNEL A CTION IN VIOLATION O F § 6–902 OF
THIS SUBTITLE SHALL NOTIFY THE LOCAL SUP ERINTENDENT IN WRITING OF THE
EMPLOYEE’S INTENTION TO INSTI TUTE A CIVIL ACTION .
(2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , ANY public
school employee who is subject to a personnel action in violation of § 6–902 of this subtitle
may institute a civil action in the county where:
[(1)] (I) The alleged violation occurred;
[(2)] (II) The employee resides; or
[(3)] (III) The public school employer maintains its principal offices in the
State.
[(c)] (3) The action shall be brought within [6] 9 months after the alleged
violation of § 6–902 of this subtitle occurred, or within [6] 9 months after the public school
employee first became aware of the alleged violation of § 6–902 of this subtitle.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.