EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0941*
SENATE BILL 941
F1 2lr3044
CF 2lr3045
By: Senator Hough
Introduced and read first time: February 13, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
State Superintendent of Schools – Authority for Investigations – Local School 2
Systems 3
FOR the purpose of authorizing the State Superintendent of Schools to investigate a local 4
school system for certain violations of law under certain circumstances; authorizing 5
the State Superintendent to take certain actions relating to an investigation of a 6
local school system; and generally relating to the State Superintendent of Schools 7
and investigations of local school systems. 8
BY repealing and reenacting, without amendments, 9
Article – Education 10
Section 2–303(a) 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Education 15
Section 2–303(l) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Education 21
2–303. 22
(a) In addition to the other powers granted and duties imposed under this article, 23
the State Superintendent has the powers and duties set forth in this section. 24
2 SENATE BILL 941
(L) (1) THE STATE SUPERINTENDENT MAY CONDUCT AN INVESTIGATION 1
OF A LOCAL SCHOOL SY STEM: 2
(I) IF THE STATE SUPERINTENDENT DETERMINES THAT A 3
LOCAL SCHOOL SYSTEM IS USING PHYSICAL RESTRAINT AND SECLUS ION ON AN 4
EXCESSIVE NUMBER OF STUDENTS IN SPECIAL EDUCATION PROGRAMS; OR 5
(II) IN RESPONSE TO A COMPLAINT SUBMI TTED TO THE 6
DEPARTMENT CONCERNING AN ALLEGED VIOLATION OF: 7
1. THE CIVIL RIGHTS OF A STUDENT OR SCHOOL 8
PERSONNEL ; OR 9
2. REQUIREMENTS IMPOSED ON THE LOCAL SCHOOL 10
SYSTEM BY: 11
A. STATE OR FEDERAL LAW OR REGULATION ; OR 12
B. A COURT ORDER . 13
(2) IF THE STATE SUPERINTENDENT OPENS AN INVESTIGATION 14
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE STATE SUPERINTENDENT 15
SHALL: 16
(I) PROVIDE PUBLIC NOTICE TO THE APPLICABLE CO UNTY 17
BOARD REGARDING THE REASON FOR THE I NVESTIGATION ; 18
(II) REQUIRE THE COUNTY BOARD TO HOLD A PUBL IC HEARING 19
TO NOTIFY THE PUBLIC OF: 20
1. THE REASON FOR THE IN VESTIGATION; 21
2. EXPECTATIONS OF THE DEPARTMENT REGARDING 22
IMPROVEMENTS BY THE LOCAL SCHOOL SYSTEM ; AND 23
3. POTENTIAL INTERVENTIO NS AND SANCTIONS THA T 24
THE STATE SUPERINTENDENT MAY IMPOSE ON THE LO CAL SCHOOL SYSTEM IF THE 25
LOCAL SCHOOL SYSTEM FAILS TO CORRECT THE ISSUE TH AT IS THE REASON FOR 26
THE INVESTIGATION ; 27
(III) REQUIRE THE CHAIR OF THE COUNTY BOARD AND THE 28
COUNTY SUPERINTENDEN T TO APPEAR BEFORE T HE STATE SUPERINTENDENT OR 29
THE STATE SUPERINTENDENT ’S DESIGNEE TO IDENTIFY: 30 SENATE BILL 941 3
1. THE REASON OR REASONS FOR THE ALLEGED 1
VIOLATION; AND 2
2. PLANS TO CORRECT THE VIOLATION; AND 3
(IV) APPOINT AN INDIVIDUAL FROM THE DEPARTMENT TO 4
MONITOR THE LOCAL SCHOOL SYS TEM AND REPORT TO TH E STATE 5
SUPERINTENDENT ON ACT IONS TAKEN BY THE LO CAL SCHOOL SYSTEM TO REMEDY 6
THE VIOLATION THAT IS THE SUBJ ECT OF THE INVESTIGATION . 7
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 8
STATE SUPERINTENDENT SHALL PUBLISH THE FINDINGS OF THE INVESTIGATION 9
ON THE DEPARTMENT ’S WEBSITE. 10
(II) BEFORE PUBLICATION OF THE R EPORT REQUIRED UNDER 11
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE SUPERINTENDENT MAY : 12
1. CLOSE THE INVESTIGATION ; OR 13
2. DEFER FURTHER ACTION UNTIL A LATER DATE 14
DETERMINED BY THE STATE SUPERINTENDENT . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this A ct shall take effect June 16
1, 2022. 17