MD
Maryland House Bill HB468

Maryland 2022 Regular Session

Maryland House Bill HB468 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 576
21
3-– 1 –
4-Chapter 576
5-(House Bill 468)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *hb0468*
89
9-Public School Employees – Whistleblower Protections – Civil Actions
10+HOUSE BILL 468
11+F1 2lr2329
12+HB 1254/21 – W&M
13+By: Delegate Ivey Delegates Ivey and Charles
14+Introduced and read first time: January 21, 2022
15+Assigned to: Ways and Means
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 22, 2022
1019
11-FOR the purpose of repealing a prerequisite that a certain public school employee who is
12-subject to a certain prohibited personnel action shall exhaust any administrative
13-remedies before instituting a certain civil action; authorizing any public school
14-employee who is subject to a certain personnel action to file an administrative
15-complaint with a public school employer; requiring a public school employer to
16-provide an administrative remedial process for a public school employee who files a
17-certain administrative complaint and to complete it within a certain number of days
18-after a public school employee files an initial administrative complaint; requiring a
19-public school employee who is subject to a certain personnel action, before instituting
20-a civil action, to notify the local superintendent of schools of the employee’s intention
21-to institute a civil action; altering the amount of time within which a public school
22-employee is required to bring a certain action; and generally relating to
23-whistleblower protection for public school employees.
20+CHAPTER ______
2421
25-BY repealing and reenacting, without amendments,
26- Article – Education
27-Section 6–901 through 6–903
28- Annotated Code of Maryland
29- (2018 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
3023
31-BY repealing and reenacting, with amendments,
32- Article – Education
33-Section 6–904
34- Annotated Code of Maryland
35- (2018 Replacement Volume and 2021 Supplement)
24+Public School Employees – Whistleblower Protections – Civil Actions 2
3625
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
26+FOR the purpose of repealing a prerequisite that a certain public school employee who is 3
27+subject to a certain prohibited personnel action shall exhaust any administrative 4
28+remedies before instituting a certain civil action; authorizing any public school 5
29+employee who is subject to a certain personnel action to file an administrative 6
30+complaint with a public school employer; requiring a public school employer to 7
31+provide an administrative remedial process for a public school employee who files a 8
32+certain administrative complaint and to complete it within a certain number of days 9
33+after a public school employee files an initial administrative complaint; requiring a 10
34+public school employee who is subject to a certain personnel action, before instituting 11
35+a civil action, to notify the local superintendent of schools of the employee’s intention 12
36+to institute a civil action; altering the amount of time within which a public school 13
37+employee is required to bring a certain action; and generally relating to 14
38+whistleblower protection for public school employees. 15
3939
40-Article – Education
40+BY repealing and reenacting, without amendments, 16
41+ Article – Education 17
42+Section 6–901 through 6–903 18
43+ Annotated Code of Maryland 19
44+ (2018 Replacement Volume and 2021 Supplement) 20
4145
42-6–901.
46+BY repealing and reenacting, with amendments, 21
47+ Article – Education 22
48+Section 6–904 23 2 HOUSE BILL 468
4349
44- (a) In this subtitle the following words have the meanings indicated.
4550
46- (b) (1) “Public school employee” means any individual who is employed by a
47-public school employer or an individual of equivalent status in Baltimore City.
51+ Annotated Code of Maryland 1
52+ (2018 Replacement Volume and 2021 Supplement) 2
4853
49- (2) “Public school employee” does not include a State employee. Ch. 576 2022 LAWS OF MARYLAND
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
5056
51-– 2 –
57+Article – Education 5
5258
53- (c) “Public school employer” means a county board of education or the Baltimore
54-City Board of School Commissioners.
59+6–901. 6
5560
56- (d) “Supervisor” means any individual within an employer’s organization who has
57-the authority to direct and control the work performance of an employee, or who has
58-managerial authority to take corrective action regarding the violation of a law, rule, or
59-regulation of which the employee complains.
61+ (a) In this subtitle the following words have the meanings indicated. 7
6062
61-6–902.
63+ (b) (1) “Public school employee” means any individual who is employed by a 8
64+public school employer or an individual of equivalent status in Baltimore City. 9
6265
63- Subject to § 6–903 of this subtitle, a public school employer may not take or refuse
64-to take any personnel action as reprisal against a public school employee because the
65-employee:
66+ (2) “Public school employee” does not include a State employee. 10
6667
67- (1) Discloses or threatens to disclose to a supervisor an activity, a policy, or
68-a practice of the employer that is in violation of a law, rule, or regulation;
68+ (c) “Public school employer” means a county board of education or the Baltimore 11
69+City Board of School Commissioners. 12
6970
70- (2) Provides information to or testifies before any public body conducting
71-an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by
72-the employer; or
71+ (d) “Supervisor” means any individual within an employer’s organization who has 13
72+the authority to direct and control the work performance of an employee, or who has 14
73+managerial authority to take corrective action regarding the violation of a law, rule, or 15
74+regulation of which the employee complains. 16
7375
74- (3) Objects to or refuses to participate in any activity, policy, or practice in
75-violation of a law, rule, or regulation.
76+6–902. 17
7677
77-6–903.
78+ Subject to § 6–903 of this subtitle, a public school employer may not take or refuse 18
79+to take any personnel action as reprisal against a public school employee because the 19
80+employee: 20
7881
79- The protection provided against a violation of § 6–902 of this subtitle shall apply only
80-if:
82+ (1) Discloses or threatens to disclose to a supervisor an activity, a policy, or 21
83+a practice of the employer that is in violation of a law, rule, or regulation; 22
8184
82- (1) The public school employee has a reasonable, good faith belief that the
83-public school employer has, or still is, engaged in an activity, a policy, or a practice that is
84-in violation of a law, rule, or regulation;
85+ (2) Provides information to or testifies before any public body conducting 23
86+an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by 24
87+the employer; or 25
8588
86- (2) The public school employee discloses information that the employee
87-reasonably believes evidences:
89+ (3) Objects to or refuses to participate in any activity, policy, or practice in 26
90+violation of a law, rule, or regulation. 27
8891
89- (i) An abuse of authority, gross mismanagement, or gross waste of
90-money;
92+6–903. 28
9193
92- (ii) A substantial and specific danger to public health or safety; or
94+ The protection provided against a violation of § 6–902 of this subtitle shall apply only 29
95+if: 30
9396
94- (iii) A violation of law; and
97+ (1) The public school employee has a reasonable, good faith belief that the 31 HOUSE BILL 468 3
9598
96- (3) The public school employee has reported the activity, policy, or practice
97-to a supervisor or an administrator of the public school employer in writing and afforded LAWRENCE J. HOGAN, JR., Governor Ch. 576
9899
99-– 3 –
100-the employer a reasonable opportunity to correct the activity, policy, or practice.
100+public school employer has, or still is, engaged in an activity, a policy, or a practice that is 1
101+in violation of a law, rule, or regulation; 2
101102
102-6–904.
103+ (2) The public school employee discloses information that the employee 3
104+reasonably believes evidences: 4
103105
104- (a) (1) [A public school employee shall exhaust any administrative remedies
105-before instituting a civil action under this section] ANY PUBLIC SCHOOL EMP LOYEE WHO
106-IS SUBJECT TO A PERS ONNEL ACTION IN VIOL ATION OF § 6–902 OF THIS SUBTITLE
107-MAY FILE AN ADMINIST RATIVE COMPLAINT WIT H A PUBLIC SCHOOL EM PLOYER.
106+ (i) An abuse of authority, gross mismanagement, or gross waste of 5
107+money; 6
108108
109- (2) A PUBLIC SCHOOL EMPLOY ER SHALL:
109+ (ii) A substantial and specific danger to public health or safety; or 7
110110
111- (I) PROVIDE AN ADMINISTRATIVE REM EDIAL PROCESS FOR A
112-PUBLIC SCHOOL EMPLOY EE WHO FILES AN ADMI NISTRATIVE COMPLAINT UNDER
113-PARAGRAPH (1) OF THIS SUBSECTION ; AND
111+ (iii) A violation of law; and 8
114112
115- (II) COMPLETE THE ADMINIST RATIVE REMEDIAL PROC ESS
116-UNDER ITEM (I) OF THIS PARAGRAPH WI THIN 30 DAYS AFTER A P UBLIC SCHOOL
117-EMPLOYEE FILES AN IN ITIAL ADMINISTRATIVE COMPLAINT.
113+ (3) The public school employee has reported the activity, policy, or practice 9
114+to a supervisor or an administrator of the public school employer in writing and afforded 10
115+the employer a reasonable opportunity to correct the activity, policy, or practice. 11
118116
119- (b) (1) [Any] BEFORE INSTITUTING A CIVIL ACTION, A PUBLIC SCHOOL
120-EMPLOYEE WHO IS SUBJ ECT TO A PERSONNEL A CTION IN VIOLATION O F § 6–902 OF
121-THIS SUBTITLE SHALL NOTIFY THE LOCAL SUP ERINTENDENT IN WRITING OF THE
122-EMPLOYEE’S INTENTION TO INSTI TUTE A CIVIL ACTION .
117+6–904. 12
123118
124- (2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , ANY public
125-school employee who is subject to a personnel action in violation of § 6–902 of this subtitle
126-may institute a civil action in the county where:
119+ (a) (1) [A public school employee shall exhaust any administrative remedies 13
120+before instituting a civil action under this section] ANY PUBLIC SCHOOL EMP LOYEE WHO 14
121+IS SUBJECT TO A PERS ONNEL ACTION IN VIOL ATION OF § 6–902 OF THIS SUBTITLE 15
122+MAY FILE AN ADMINIST RATIVE COMPLAINT WIT H A PUBLIC SCHOOL EM PLOYER. 16
127123
128- [(1)] (I) The alleged violation occurred;
124+ (2) A PUBLIC SCHO OL EMPLOYER SHALL : 17
129125
130- [(2)] (II) The employee resides; or
126+ (I) PROVIDE AN ADMINISTRA TIVE REMEDIAL PROCES S FOR A 18
127+PUBLIC SCHOOL EMPLOY EE WHO FILES AN ADMI NISTRATIVE COMPLAINT UNDER 19
128+PARAGRAPH (1) OF THIS SUBSECTION ; AND 20
131129
132- [(3)] (III) The public school employer maintains its principal offices in the
133-State.
130+ (II) COMPLETE THE ADMINIST RATIVE REMEDIAL PROC ESS 21
131+UNDER ITEM (I) OF THIS PARAGRAPH WITHI N 30 DAYS AFTER A PUBLIC SCHOOL 22
132+EMPLOYEE FILES AN IN ITIAL ADMINISTRATIVE COMPLAINT. 23
134133
135- [(c)] (3) The action shall be brought within [6] 9 months after the alleged
136-violation of § 6–902 of this subtitle occurred, or within [6] 9 months after the public school
137-employee first became aware of the alleged violation of § 6–902 of this subtitle.
134+ (b) (1) [Any] BEFORE INSTITUTING A CIVIL ACTION, A PUBLIC SCHOOL 24
135+EMPLOYEE WHO IS SUBJ ECT TO A PERSONNEL A CTION IN VIOLATION O F § 6–902 OF 25
136+THIS SUBTITLE SHALL NOTIFY THE L OCAL SUPERINTENDENT IN WRITING OF THE 26
137+EMPLOYEE’S INTENTION TO INSTI TUTE A CIVIL ACTION . 27
138138
139- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
140-1, 2022.
139+ (2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , ANY public 28
140+school employee who is subject to a personnel action in violation of § 6–902 of this subtitle 29
141+may institute a civil action in the county where: 30
141142
142-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
143+ [(1)] (I) The alleged violation occurred; 31
144+ 4 HOUSE BILL 468
145+
146+
147+ [(2)] (II) The employee resides; or 1
148+
149+ [(3)] (III) The public school employer maintains its principal offices in the 2
150+State. 3
151+
152+ [(c)] (3) The action shall be brought within [6] 9 months after the alleged 4
153+violation of § 6–902 of this subtitle occurred, or within [6] 9 months after the public school 5
154+employee first became aware of the alleged violation of § 6–902 of this subtitle. 6
155+
156+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
157+1, 2022. 8
158+
159+
160+
161+
162+Approved:
163+________________________________________________________________________________
164+ Governor.
165+________________________________________________________________________________
166+ Speaker of the House of Delegates.
167+________________________________________________________________________________
168+ President of the Senate.