EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0836* HOUSE BILL 836 F1 2lr1746 CF SB 638 By: Delegate Lierman Introduced and read first time: February 3, 2022 Assigned to: Ways and Means A BILL ENTITLED AN ACT concerning 1 Public Schools – Student Athletics – Requirements and Reports 2 (Elijah Gorham Act) 3 FOR the purpose of requiring each county superintendent of schools to submit a certain 4 report on public high school sports teams in the county to the State Department of 5 Education on or before a certain date each year; altering the requirements for an 6 automated external defibrillator program in public middle and high schools; altering 7 the requirements for actions to be taken by county boards of education regarding 8 heat acclimatization for student athletes; and generally relating to student athletics 9 in public schools in the State. 10 BY adding to 11 Article – Education 12 Section 7–129 13 Annotated Code of Maryland 14 (2018 Replacement Volume and 2021 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Education 17 Section 7–425 and 7–434 18 Annotated Code of Maryland 19 (2018 Replacement Volume and 2021 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – Education 23 7–129. 24 2 HOUSE BILL 836 (A) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 1 THEREAFTER , EACH COUNTY SUPERINT ENDENT SHALL SUBMIT TO THE 2 DEPARTMENT A REPORT O N PUBLIC HIGH SCHOOL SPORTS TEAMS IN THE COUNTY. 3 (B) THE REPORT REQUIRED UNDE R THIS SECTION SHALL INCLUDE: 4 (1) THE NUMBER OF SPORTS TEAMS AFFILIATED WIT H EACH PUBLIC 5 HIGH SCHOOL IN THE C OUNTY; 6 (2) THE TYPE OF SPORT EAC H TEAM PLAYS; 7 (3) THE CERTIFICATIONS , IF ANY, HELD BY A COACH OF E ACH SPORTS 8 TEAM; 9 (4) THE TYPE OF AFFILIATI ON BETWEEN THE SPORT S TEAM AND A 10 HIGH SCHOOL , INCLUDING: 11 (I) THE NUMBER OF STUDENT ATHLETES ON EACH SPO RTS 12 TEAM; 13 (II) THE NAME OF THE HIGH SCHOOL EACH STUDENT ATHLETE 14 ATTENDS; 15 (III) WHETHER THE SPORTS TE AM USES THE FACILITIES AND 16 PROPERTY OF THE AFFI LIATED HIGH SCHOOL ; AND 17 (IV) WHETHER THE SPORTS TE AM USES THE AFFILIAT ED HIGH 18 SCHOOL’S LOGO AND NAME ; 19 (5) WHETHER THE SPORTS TE AM HAS A BOARD OF DI RECTORS AND , 20 IF SO, WHAT CERTIFICATIONS THE DIRECTORS HOLD ; AND 21 (6) ANY OTHER RELEVANT IN FORMATION AS DETERMI NED BY THE 22 DEPARTMENT . 23 7–425. 24 (A) IN THIS SECTION , “PRACTICE” HAS THE MEANING STAT ED IN § 25 7–434 OF THIS SUBTITLE . 26 [(a)] (B) (1) Each county board shall develop and implement an automated 27 external defibrillator program that meets the requirements of § 13–517 of this article for 28 each high school and middle school in the county. 29 HOUSE BILL 836 3 (2) The program required under paragraph (1) of this subsection shall 1 include provisions that: 2 (i) Ensure that an automated external defibrillator is provided on 3 site AND IS LOCATED IN CL OSE PROXIMITY TO EAC H SCHOOL–SPONSORED ATHLETIC 4 PRACTICE AND EVENT ; [and] 5 (ii) An individual trained in the operation and use of an automated 6 external defibrillator is present at all school–sponsored athletic PRACTICES AND events; 7 (III) REQUIRE THE DEVELOPME NT OF AN EMERGENCY P LAN AT 8 EACH SCHOOL ; AND 9 (IV) REQUIRE THE EMERGENCY PLAN DEVELOPED UNDER ITEM 10 (III) OF THIS PARAGRAPH TO BE DISTRIBUTED TO EA CH STUDEN T ATHLETE’S 11 PARENT OR GUARDIAN A T THE BEGINNING OF E ACH SCHOOL YEAR . 12 (3) EACH COUNTY BOARD SHA LL REPORT THE FOLLOW ING 13 INFORMATION TO THE DEPARTMENT EACH YEAR : 14 (I) THE NUMBER AND LOCATI ON OF EACH AUTOMATIC 15 EXTERNAL DEFIBRILLAT OR AT EACH SCHOOL IN THE COUNTY; AND 16 (II) A LIST OF EACH INDIVID UAL AT EACH SCHOOL I N THE 17 COUNTY WHO HAS COMPL ETED INITIAL AND REF RESHER TRAINING ON T HE 18 OPERATION AND USE OF AUTOMATED EXTERNAL D EFIBRILLATORS AND TH E DATE 19 EACH TRAINING WAS CO MPLETED. 20 [(b)] (C) The Department, in consultation with the Maryland Department of 21 Health, the Maryland State School Health Council, and the Maryland Institute for 22 Emergency Medical Services Systems, shall adopt regulations that: 23 (1) Establish guidelines for periodic inspections and annual maintenance 24 of the automated external defibrillators; and 25 (2) Assist county boards in carrying out the provisions of this section. 26 7–434. 27 (a) (1) In this section the following words have the meanings indicated. 28 (2) “Heat acclimatization” means enhancing an individual’s exercise heat 29 tolerance and ability to exercise safely and effectively in warm to hot conditions. 30 (3) “Practice” means a period of time a student athlete engages in physical 31 4 HOUSE BILL 836 activity during a coach–supervised, school–approved sports– or conditioning–related 1 activity, including warm–up, stretching, weight training, and cool–down periods. 2 (4) “Preseason practice” means the initial 14 days of practice for a student 3 athlete. 4 (5) “Recovery period” means the time between the end of one practice or 5 walk–through and the beginning of the next practice or walk–through. 6 (6) “Student athlete” means a student who participates in an athletic 7 program for high school students in a State secondary school that is a member of the 8 Maryland Public Secondary Schools Athletic Association. 9 (7) (i) “Walk–through” means a teaching opportunity when an athlete 10 is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or 11 shin guards, or using other sports–related equipment. 12 (ii) “Walk–through” does not include any part of a practice period. 13 (b) (1) The Department, in collaboration with the Maryland Department of 14 Health, each county board, the Maryland Public Secondary Schools Athletic Association, 15 the Maryland Athletic Trainers’ Association, and representatives of licensed health care 16 providers who treat student athletes, shall develop a model policy for preseason–practice 17 heat acclimatization guidelines for student athletes. 18 (2) Each local board shall adopt preseason–practice heat acclimatization 19 guidelines for student athletes. 20 (c) The preseason–practice heat acclimatization guidelines shall include 21 requirements for the duration of a practice time, a walk–through, and a recovery period 22 during preseason practice. 23 (D) EACH COUNTY BOARD SHA LL: 24 (1) ENSURE THAT A STOCK T ANK OR INFLATABLE PO OL IS AVAILABLE 25 TO STUDENT ATHLETES AT ALL SCHOOL –SPONSORED ATHLETIC P RACTICES AND 26 EVENTS; 27 (2) ENSURE THAT AN INDIVI DUAL TRAINED IN HEAT 28 ACCLIMATIZATION SAFE TY IS PRESENT AT ALL SCHOOL –SPONSORED ATHLETIC 29 PRACTICES AND EVENTS ; 30 (3) REPORT TO THE DEPARTMENT THE NAMES OF EACH INDIVIDUAL 31 AT EACH SCHOOL IN TH E COUNTY WHO COMPLET ED INITIAL AND ANY R EFRESHER 32 TRAINING IN THE HEAT ACCLIMATIZATION SAFE TY STANDARDS AND PRO CEDURES 33 IN ACCORDANCE WITH I TEM (2) OF THIS SUBSECTION A ND THE DATE EACH TRA INING 34 HOUSE BILL 836 5 WAS COMPLETED ; 1 (4) DEVELOP AN EMERGENCY PLAN CONSISTENT WITH THE MODEL 2 POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR 3 STUDENT–ATHLETES ESTABLISHED UNDER SUB SECTION (B)(1) OF THIS SECTION ; 4 AND 5 (5) DISTRIBUTE THE EMERGE NCY PLAN DEVELOPED U NDER ITEM (4) 6 OF THIS SUBSECTION T O THE PARENT OR GUAR DIAN OF EACH STUDENT ATHLETE AT 7 THE BEGINNING OF EAC H SCHOOL YEAR . 8 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9 1, 2022. 10