Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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 | *hb0472* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 472 | |
11 | 8 | F1 2lr0691 | |
12 | - | HB 1536/20 – W&M CF | |
9 | + | HB 1536/20 – W&M CF 2lr2781 | |
13 | 10 | By: Delegates J. Lewis, Bartlett, Boyce, Cardin, Cullison, Foley, Fraser–Hidalgo, | |
14 | 11 | Henson, Hill, Howell, Jalisi, R. Jones, Kaiser, Kelly, Landis, Lehman, | |
15 | 12 | Lierman, Love, Luedtke, McComas, McIntosh, Proctor, Qi, Reznik, Terrasa, | |
16 | 13 | Valentino–Smith, and Williams | |
17 | 14 | Introduced and read first time: January 21, 2022 | |
18 | 15 | Assigned to: Ways and Means | |
19 | - | Committee Report: Favorable with amendments | |
20 | - | House action: Adopted | |
21 | - | Read second time: March 12, 2022 | |
22 | 16 | ||
23 | - | ||
17 | + | A BILL ENTITLED | |
24 | 18 | ||
25 | 19 | AN ACT concerning 1 | |
26 | 20 | ||
27 | - | Primary and Secondary Education – Title IX – Policies and Procedures | |
21 | + | Primary and Secondary Education – Title IX – Policies and Procedures 2 | |
28 | 22 | (Hear Our Voices Act of 2022) 3 | |
29 | 23 | ||
30 | 24 | FOR the purpose of requiring the State Board of Education to develop policies and 4 | |
31 | 25 | procedures for reporting, administering, investigating, and resolving complaints 5 | |
32 | 26 | related to incidents of sexual misconduct and violations of a certain federal law; 6 | |
33 | 27 | authorizing a person to bring a civil action against a local system that fails to comply 7 | |
34 | 28 | with certain policies and procedures and to recover damages, reasonable costs, and 8 | |
35 | - | attorney’s fees; each public school to inform students, faculty, staff, and parents 9 | |
36 | - | regarding who serves as the Title IX coordinator for the school, the process for filing 10 | |
37 | - | a sexual misconduct complaint, and the support measures that are in place for filing 11 | |
38 | - | a sexual misconduct complaint and how to access the support measures; and 12 | |
39 | - | generally relating to sexual misconduct complaints and Title IX compliance. 13 | |
29 | + | attorney’s fees; and generally relating to sexual misconduct complaints and Title IX 9 | |
30 | + | compliance. 10 | |
40 | 31 | ||
41 | - | BY adding to | |
42 | - | Article – Education | |
43 | - | Section 7–450 | |
44 | - | Annotated Code of Maryland | |
45 | - | (2018 Replacement Volume and 2021 Supplement) | |
32 | + | BY adding to 11 | |
33 | + | Article – Education 12 | |
34 | + | Section 7–450 13 | |
35 | + | Annotated Code of Maryland 14 | |
36 | + | (2018 Replacement Volume and 2021 Supplement) 15 | |
46 | 37 | ||
47 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
48 | - | That the Laws of Maryland read as follows: 20 2 HOUSE BILL 472 | |
38 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
39 | + | That the Laws of Maryland read as follows: 17 | |
40 | + | ||
41 | + | Article – Education 18 | |
42 | + | ||
43 | + | 7–450. 19 | |
44 | + | ||
45 | + | (A) ON OR BEFORE MARCH 31, 2023, THE STATE BOARD, AFTER 20 | |
46 | + | CONSULTATION WITH LO CAL SCHOOL SYSTEMS , SHALL DEVELOP POLICI ES AND 21 | |
47 | + | PROCEDURES FOR REPOR TING, ADMINISTERING , INVESTIGATING , AND RESOLVING 22 2 HOUSE BILL 472 | |
49 | 48 | ||
50 | 49 | ||
50 | + | COMPLAINTS RELATED T O INCIDENTS OF SEXUA L MISCONDUCT AND TITLE IX OF 1 | |
51 | + | THE EDUCATION AMENDMENTS OF 1972. 2 | |
51 | 52 | ||
52 | - | Article – Education 1 | |
53 | + | (B) THE POLICIES AND PROC EDURES DEVELOPED UND ER SUBSECTION (A) 3 | |
54 | + | OF THIS SECTION SHALL REQUIRE : 4 | |
53 | 55 | ||
54 | - | 7–450. 2 | |
56 | + | (1) THE DEPARTMENT TO DEVELOP A DATABASE FOR 5 | |
57 | + | ADMINISTRATORS TO UP LOAD SEXUAL MISCONDU CT COMPLAINTS ; AND 6 | |
55 | 58 | ||
56 | - | (A) ON OR BEFORE MARCH 31, 2023, THE STATE BOARD, AFTER 3 | |
57 | - | CONSULTATION WITH LO CAL SCHOOL SYSTEMS , SHALL DEVELOP POLICI ES AND 4 | |
58 | - | PROCEDURES FOR REPOR TING, ADMINISTERING , INVESTIGATING , AND RESOLVING 5 | |
59 | - | COMPLAINTS RELATED T O INCIDENTS OF SEXUA L MISCONDUCT AND TITLE IX OF 6 | |
60 | - | THE EDUCATION AMENDMENTS OF 1972. 7 | |
59 | + | (2) A PUBLIC SCHOOL TO : 7 | |
61 | 60 | ||
62 | - | ( | |
63 | - | ||
61 | + | (I) NOTIFY THE PARENT OR GUARDIAN OF A STUDEN T WHO 8 | |
62 | + | FILES A COMPLAINT RE LATED TO SEXUAL MISC ONDUCT; 9 | |
64 | 63 | ||
65 | - | ( | |
66 | - | ||
64 | + | (II) COLLECT DATA ON SEXUA L MISCONDUCT COMPLAI NTS AND 10 | |
65 | + | REPORT THE DATA TO T HE DEPARTMENT EACH YEAR ; AND 11 | |
67 | 66 | ||
68 | - | ( | |
67 | + | (III) INFORM STUDENTS , FACULTY, AND STAFF OF: 12 | |
69 | 68 | ||
70 | - | | |
71 | - | ||
69 | + | 1. WHO SERVES AS THE TITLE IX COORDINATOR FOR 13 | |
70 | + | THE SCHOOL; AND 14 | |
72 | 71 | ||
73 | - | (II) COLLECT DATA ON SEXUA L MISCONDUCT COMPLAI NTS AND 15 | |
74 | - | REPORT THE DATA TO THE DEPARTMENT EACH YEAR ; AND 16 | |
72 | + | 2. HOW TO FILE A SEXUAL MISCONDUCT COMPLAINT . 15 | |
75 | 73 | ||
76 | - | ( | |
74 | + | (C) A PERSON MAY: 16 | |
77 | 75 | ||
78 | - | 1. WHO SERVES AS THE TITLE IX COORDINATOR FOR 18 | |
79 | - | THE SCHOOL; AND 19 | |
76 | + | (1) BRING A CIVIL ACTION AGAINST A LOCAL SCHOOL SYSTEM THAT 17 | |
77 | + | FAILS TO COMPLY WITH THE POLICIES AND PRO CEDURES DEVELOPED UNDER THIS 18 | |
78 | + | SECTION; AND 19 | |
80 | 79 | ||
81 | - | 2. HOW TO FILE A SEXUAL MISCONDUCT COMPLAINT . 20 | |
80 | + | (2) RECOVER DAMAGES , REASONABLE COSTS , AND ATTORNEY ’S 20 | |
81 | + | FEES. 21 | |
82 | 82 | ||
83 | - | (C) A PERSON MAY: 21 | |
83 | + | (D) THE STATE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 22 | |
84 | + | SECTION. 23 | |
84 | 85 | ||
85 | - | (1) BRING A CIVIL ACTION AGAINST A LOC AL SCHOOL SYSTEM THA T 22 | |
86 | - | FAILS TO COMPLY WITH THE POLICIES AND PRO CEDURES DEVELOPED UN DER THIS 23 | |
87 | - | SECTION; AND 24 | |
88 | - | ||
89 | - | (2) RECOVER DAMAGES , REASONABLE COSTS , AND ATTORNEY ’S 25 | |
90 | - | FEES. 26 | |
91 | - | ||
92 | - | (D) THE STATE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 27 | |
93 | - | SECTION. 28 | |
94 | - | ||
95 | - | 7–129. 29 HOUSE BILL 472 3 | |
86 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24 | |
87 | + | 1, 2022. 25 | |
96 | 88 | ||
97 | 89 | ||
98 | - | ||
99 | - | EACH PUBLIC SCHOOL SH ALL INFORM STUDENTS , FACULTY, STAFF, AND 1 | |
100 | - | PARENTS REGARDING : 2 | |
101 | - | ||
102 | - | (1) WHO SERVES AS THE TITLE IX COORDINATOR FOR THE SCHOOL; 3 | |
103 | - | ||
104 | - | (2) THE PROCESS IN PLACE FOR FILING A SEXUAL MISCONDUCT 4 | |
105 | - | COMPLAINT; AND 5 | |
106 | - | ||
107 | - | (3) THE SUPPORT M EASURES THAT ARE IN PLACE FOR AN 6 | |
108 | - | INDIVIDUAL WHO FILES A SEXUAL MISCONDUCT COMPLAINT AND HOW TO ACCESS 7 | |
109 | - | THE SUPPORT MEASURES . 8 | |
110 | - | ||
111 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9 | |
112 | - | 1, 2022. 10 | |
113 | - | ||
114 | - | ||
115 | - | ||
116 | - | ||
117 | - | Approved: | |
118 | - | ________________________________________________________________________________ | |
119 | - | Governor. | |
120 | - | ________________________________________________________________________________ | |
121 | - | Speaker of the House of Delegates. | |
122 | - | ________________________________________________________________________________ | |
123 | - | President of the Senate. |