EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0519*
SENATE BILL 519
F1 2lr2098
CF HB 495
By: Senator Washington
Introduced and read first time: January 28, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Education – Student–Organized Peaceful Demonstrations – Student Discipline 2
and Policy 3
FOR the purpose of prohibiting a public school from prohibiting a student from organizing 4
or participating in a student–organized peaceful demonstration, imposing certain 5
limits on a student’s right to free speech while participating in a student–organized 6
peaceful demonstration, or disciplining a student for organizing or participating in a 7
student–organized peaceful demonstration under certain circumstances; requiring 8
each county board of education to develop a written policy regarding 9
student–organized peaceful demonstrations; and generally relating to 10
student–organized peaceful demonstrations and student discipline. 11
BY adding to 12
Article – Education 13
Section 7–311 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
7–311. 20
(A) (1) IN THIS SECTION , “STUDENT–ORGANIZED PEACEFUL 21
DEMONSTRATION ” MEANS A NONVIOLENT D EMONSTRATION INTENDE D TO EXPRESS 22
THE VIEWPOINT OF A STUDENT . 23
(2) “STUDENT–ORGANIZED PEACEFUL D EMONSTRATION ” DOES NOT 24 2 SENATE BILL 519
INCLUDE A DEMONSTRAT ION THAT INCITES A S TUDENT TO: 1
(I) CREATE A CLEAR AND PR ESENT DANGER TO THE HEALTH, 2
SAFETY, OR WELFARE OF THE SC HOOL COMMUNITY ; OR 3
(II) COMMIT AN UNL AWFUL OR DANGEROUS A CT. 4
(B) THIS SECTION APPLIES TO A STUDENT –ORGANIZED PEACEFUL 5
DEMONSTRATION THAT O CCURS: 6
(1) ON SCHOOL PROPERTY ; 7
(2) AT A SCHOOL–SPONSORED ACTIVITY O R EVENT; OR 8
(3) ON A SCHOOL BUS. 9
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A PUBLIC 10
SCHOOL MAY NOT : 11
(I) PROHIBIT A STUDENT FR OM ORGANIZING OR 12
PARTICIPATING IN A S TUDENT–ORGANIZED PEACEFUL D EMONSTRATION ; OR 13
(II) IMPOSE LIMITS THAT SU BSTANTIALLY INHIBIT A STUDENT’S 14
RIGHT TO FREE SPEECH WHILE PARTICIPATING IN A STUDENT–ORGANIZED 15
PEACEFUL DEMONSTRATI ON. 16
(2) A SCHOOL MAY IMPOSE RE ASONABLE LIMITATIONS ON THE TIME 17
AND PLACE OF A STUDE NT–ORGANIZED PEACEFUL D EMONSTRATION IN ORDE R TO: 18
(I) PROTECT THE HEALTH , SAFETY, AND WELFARE OF 19
STUDENTS AND SCHOOL PERSONNEL; AND 20
(II) MINIMIZE DISRUPTION T O THE EDUCATIONAL 21
ENVIRONMENT . 22
(D) A PUBLIC SCHOOL MAY NO T DISCIPLINE A STUDE NT FOR ORGANIZING 23
OR PARTICIPATING IN A STUDENT–ORGANIZED PEACEFUL D EMONSTRATION IF : 24
(1) THE SCHOOL ADMINISTRA TION IS NOTIFIED OF A STUDENT’S 25
INTENT TO ENGAGE IN A STUDENT–ORGANIZED PEACEFUL D EMONSTRATION AT 26
LEAST 48 HOURS IN ADVANCE OF THE DEMONSTRATION ; AND 27
(2) THE STUDENT COMPLIES WITH THE WRITTEN POL ICY 28 SENATE BILL 519 3
ESTABLISHED UNDER SU BSECTION (F) OF THIS SECTION. 1
(E) IF A STUDENT DOES NO T COMPLY WITH THE RE QUIREMENTS OF 2
SUBSECTION (D) OF THIS SECTION , A SCHOOL MAY NOT IMP OSE A DISCIPLINARY 3
ACTION ON THE STUDEN T THAT IS GREATER TH AN THE CONSEQUENCE F OR AN 4
UNLAWFULLY ABSENT ST UDENT. 5
(F) (1) EACH COUNTY BOARD SHA LL DEVELOP A WRITTEN POLICY 6
REGARDING STUDENT –ORGANIZED PEACEFUL D EMONSTRATIONS . 7
(2) THE POLICY DEVELOPED UNDER PARAGRAPH (1) OF THIS 8
SUBSECTION: 9
(I) SHALL INCLUDE GUIDELI NES FOR: 10
1. THE TIME AND PLACE OF A STUDENT–ORGANIZED 11
PEACEFUL DEMONSTRATI ON; AND 12
2. THE MANNER OF EXPRESSION BY A S TUDENT 13
PARTICIPATING IN A S TUDENT–ORGANIZED PEACEFUL D EMONSTRATION ; 14
(II) SHALL DEFINE WHAT CON STITUTES: 15
1. REASONABLE REQUIREMEN TS LIMITING THE TIME 16
AND PLACE OF A STUDE NT–ORGANIZED PEACEFUL D EMONSTRATION ; AND 17
2. REASONABLE GUIDELINES FOR TH E TIME, PLACE, 18
AND MANNER OF EXPRES SION BY A STUDENT EN GAGING IN A STUDENT –ORGANIZED 19
PEACEFUL DEMONSTRATI ON; AND 20
(III) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT IONS (C) 21
AND (D) OF THIS SECTION, MAY INCLUDE LIMITATI ONS ON LANGUAGE T HAT HAS THE 22
INTENT TO HARASS , THREATEN, OR INTIMIDATE OTHER PEOPLE. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
1, 2022. 25