Maryland 2022 2022 Regular Session

Maryland Senate Bill SB887 Introduced / Bill

Filed 02/10/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0887*  
  
SENATE BILL 887 
F1   	2lr2781 
    	CF HB 472 
By: Senator Lee 
Introduced and read first time: February 7, 2022 
Assigned to: Education, Health, and Environmental Affairs 
 
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 
COMPLAINTS RELATED T O INCIDENTS OF SEXUAL MISCONDUCT AND TITLE IX OF 23 
THE EDUCATION AMENDMENTS OF 1972.  24 
  2 	SENATE BILL 887  
 
 
 (B) THE POLICIES AND PROC EDURES DEVELOPED UND ER SUBSECTION (A) 1 
OF THIS SECTION SHAL L REQUIRE:  2 
 
 (1) THE DEPARTMENT TO DEVELOP A DATABASE FOR 3 
ADMINISTRATORS TO UP LOAD SEXUAL MISCOND UCT COMPLAINTS ; AND 4 
 
 (2) A PUBLIC SCHOOL TO : 5 
 
 (I) NOTIFY THE PARENT OR GUARDIAN OF A STUDEN T WHO 6 
FILES A COMPLAINT RE LATED TO SEXUAL MISC ONDUCT; 7 
 
 (II) COLLECT DATA ON SEXUA L MISCONDUCT COMPLAI NTS AND 8 
REPORT THE DATA TO T HE DEPARTMENT EACH YEAR ; AND  9 
 
 (III) INFORM STUDENTS , FACULTY, AND STAFF OF: 10 
 
 1. WHO SERVES AS THE TITLE IX COORDINATOR FOR 11 
THE SCHOOL; AND 12 
 
 2. HOW TO FILE A SEXUAL MISCONDUCT COMPLAINT . 13 
 
 (C) A PERSON MAY:  14 
 
 (1) BRING A CIVIL ACTION AGAINST A LOCAL SCHO OL SYSTEM THAT 15 
FAILS TO COMPLY WITH THE POLICIES AND PRO CEDURES DEVELOPED UN DER THIS 16 
SECTION; AND 17 
 
 (2) RECOVER DAMAGES , REASONABLE COSTS , AND ATTORNEY ’S 18 
FEES.  19 
 
 (D) THE STATE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 20 
SECTION. 21 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22 
1, 2022. 23