Maryland 2022 2022 Regular Session

Maryland House Bill HB472 Introduced / Bill

Filed 01/27/2022

                     
 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0472*  
  
HOUSE BILL 472 
F1   	2lr0691 
HB 1536/20 – W&M   	CF 2lr2781 
By: Delegates J. Lewis, Bartlett, Boyce, Cardin, Cullison, Foley, Fraser–Hidalgo, 
Henson, Hill, Howell, Jalisi, R. Jones, Kaiser, Kelly, Landis, Lehman, 
Lierman, Love, Luedtke, McComas, McIntosh, Proctor, Qi, Reznik, Terrasa, 
Valentino–Smith, and Williams 
Introduced and read first time: January 21, 2022 
Assigned to: Ways and Means 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Primary and Secondary Education – Title IX – Policies and Procedures  2 
(Hear Our Voices Act of 2022) 3 
 
FOR the purpose of requiring the State Board of Education to develop policies and 4 
procedures for reporting, administering, investigating, and resolving complaints 5 
related to incidents of sexual misconduct and violations of a certain federal law; 6 
authorizing a person to bring a civil action against a local system that fails to comply 7 
with certain policies and procedures and to recover damages, reasonable costs, and 8 
attorney’s fees; and generally relating to sexual misconduct complaints and Title IX 9 
compliance.  10 
 
BY adding to 11 
 Article – Education 12 
Section 7–450 13 
 Annotated Code of Maryland 14 
 (2018 Replacement Volume and 2021 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Education  18 
 
7–450. 19 
 
 (A) ON OR BEFORE MARCH 31, 2023, THE STATE BOARD, AFTER 20 
CONSULTATION WITH LO CAL SCHOOL SYSTEMS , SHALL DEVELOP POLICI ES AND 21 
PROCEDURES FOR REPOR TING, ADMINISTERING , INVESTIGATING , AND RESOLVING 22  2 	HOUSE BILL 472  
 
 
COMPLAINTS RELATED T O INCIDENTS OF SEXUA L MISCONDUCT AND TITLE IX OF 1 
THE EDUCATION AMENDMENTS OF 1972.  2 
 
 (B) THE POLICIES AND PROC EDURES DEVELOPED UND ER SUBSECTION (A) 3 
OF THIS SECTION SHALL REQUIRE :  4 
 
 (1) THE DEPARTMENT TO DEVELOP A DATABASE FOR 5 
ADMINISTRATORS TO UP LOAD SEXUAL MISCONDU CT COMPLAINTS ; AND 6 
 
 (2) A PUBLIC SCHOOL TO : 7 
 
 (I) NOTIFY THE PARENT OR GUARDIAN OF A STUDEN T WHO 8 
FILES A COMPLAINT RE LATED TO SEXUAL MISC ONDUCT; 9 
 
 (II) COLLECT DATA ON SEXUA L MISCONDUCT COMPLAI NTS AND 10 
REPORT THE DATA TO T HE DEPARTMENT EACH YEAR ; AND  11 
 
 (III) INFORM STUDENTS , FACULTY, AND STAFF OF: 12 
 
 1. WHO SERVES AS THE TITLE IX COORDINATOR FOR 13 
THE SCHOOL; AND 14 
 
 2. HOW TO FILE A SEXUAL MISCONDUCT COMPLAINT . 15 
 
 (C) A PERSON MAY:  16 
 
 (1) BRING A CIVIL ACTION AGAINST A LOCAL SCHOOL SYSTEM THAT 17 
FAILS TO COMPLY WITH THE POLICIES AND PRO CEDURES DEVELOPED UNDER THIS 18 
SECTION; AND 19 
 
 (2) RECOVER DAMAGES , REASONABLE COSTS , AND ATTORNEY ’S 20 
FEES.  21 
 
 (D) THE STATE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 22 
SECTION. 23 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24 
1, 2022. 25