Maryland 2022 Regular Session

Maryland Senate Bill SB941 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0941
6	6
7	7	SENATE BILL 941
8	8	F1 2lr3044
9	9	CF 2lr3045
10	10	By: Senator Hough
11	11	Introduced and read first time: February 13, 2022
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Superintendent of Schools – Authority for Investigations – Local School 2
19	19	Systems 3
20	20
21	21	FOR the purpose of authorizing the State Superintendent of Schools to investigate a local 4
22	22	school system for certain violations of law under certain circumstances; authorizing 5
23	23	the State Superintendent to take certain actions relating to an investigation of a 6
24	24	local school system; and generally relating to the State Superintendent of Schools 7
25	25	and investigations of local school systems. 8
26	26
27	27	BY repealing and reenacting, without amendments, 9
28	28	Article – Education 10
29	29	Section 2–303(a) 11
30	30	Annotated Code of Maryland 12
31	31	(2018 Replacement Volume and 2021 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Education 15
35	35	Section 2–303(l) 16
36	36	Annotated Code of Maryland 17
37	37	(2018 Replacement Volume and 2021 Supplement) 18
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
40	40	That the Laws of Maryland read as follows: 20
41	41
42	42	Article – Education 21
43	43
44	44	2–303. 22
45	45
46	46	(a) In addition to the other powers granted and duties imposed under this article, 23
47	47	the State Superintendent has the powers and duties set forth in this section. 24
48	48	2 SENATE BILL 941
49	49
50	50
51	51	(L) (1) THE STATE SUPERINTENDENT MAY CONDUCT AN INVESTIGATION 1
52	52	OF A LOCAL SCHOOL SY STEM: 2
53	53
54	54	(I) IF THE STATE SUPERINTENDENT DETERMINES THAT A 3
55	55	LOCAL SCHOOL SYSTEM IS USING PHYSICAL RESTRAINT AND SECLUS ION ON AN 4
56	56	EXCESSIVE NUMBER OF STUDENTS IN SPECIAL EDUCATION PROGRAMS; OR 5
57	57
58	58	(II) IN RESPONSE TO A COMPLAINT SUBMI TTED TO THE 6
59	59	DEPARTMENT CONCERNING AN ALLEGED VIOLATION OF: 7
60	60
61	61	1. THE CIVIL RIGHTS OF A STUDENT OR SCHOOL 8
62	62	PERSONNEL ; OR 9
63	63
64	64	2. REQUIREMENTS IMPOSED ON THE LOCAL SCHOOL 10
65	65	SYSTEM BY: 11
66	66
67	67	A. STATE OR FEDERAL LAW OR REGULATION ; OR 12
68	68
69	69	B. A COURT ORDER . 13
70	70
71	71	(2) IF THE STATE SUPERINTENDENT OPENS AN INVESTIGATION 14
72	72	UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE STATE SUPERINTENDENT 15
73	73	SHALL: 16
74	74
75	75	(I) PROVIDE PUBLIC NOTICE TO THE APPLICABLE CO UNTY 17
76	76	BOARD REGARDING THE REASON FOR THE I NVESTIGATION ; 18
77	77
78	78	(II) REQUIRE THE COUNTY BOARD TO HOLD A PUBL IC HEARING 19
79	79	TO NOTIFY THE PUBLIC OF: 20
80	80
81	81	1. THE REASON FOR THE IN VESTIGATION; 21
82	82
83	83	2. EXPECTATIONS OF THE DEPARTMENT REGARDING 22
84	84	IMPROVEMENTS BY THE LOCAL SCHOOL SYSTEM ; AND 23
85	85
86	86	3. POTENTIAL INTERVENTIO NS AND SANCTIONS THA T 24
87	87	THE STATE SUPERINTENDENT MAY IMPOSE ON THE LO CAL SCHOOL SYSTEM IF THE 25
88	88	LOCAL SCHOOL SYSTEM FAILS TO CORRECT THE ISSUE TH AT IS THE REASON FOR 26
89	89	THE INVESTIGATION ; 27
90	90
91	91	(III) REQUIRE THE CHAIR OF THE COUNTY BOARD AND THE 28
92	92	COUNTY SUPERINTENDEN T TO APPEAR BEFORE T HE STATE SUPERINTENDENT OR 29
93	93	THE STATE SUPERINTENDENT ’S DESIGNEE TO IDENTIFY: 30 SENATE BILL 941 3
94	94
95	95
96	96
97	97	1. THE REASON OR REASONS FOR THE ALLEGED 1
98	98	VIOLATION; AND 2
99	99
100	100	2. PLANS TO CORRECT THE VIOLATION; AND 3
101	101
102	102	(IV) APPOINT AN INDIVIDUAL FROM THE DEPARTMENT TO 4
103	103	MONITOR THE LOCAL SCHOOL SYS TEM AND REPORT TO TH E STATE 5
104	104	SUPERINTENDENT ON ACT IONS TAKEN BY THE LO CAL SCHOOL SYSTEM TO REMEDY 6
105	105	THE VIOLATION THAT IS THE SUBJ ECT OF THE INVESTIGATION . 7
106	106
107	107	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 8
108	108	STATE SUPERINTENDENT SHALL PUBLISH THE FINDINGS OF THE INVESTIGATION 9
109	109	ON THE DEPARTMENT ’S WEBSITE. 10
110	110
111	111	(II) BEFORE PUBLICATION OF THE R EPORT REQUIRED UNDER 11
112	112	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE SUPERINTENDENT MAY : 12
113	113
114	114	1. CLOSE THE INVESTIGATION ; OR 13
115	115
116	116	2. DEFER FURTHER ACTION UNTIL A LATER DATE 14
117	117	DETERMINED BY THE STATE SUPERINTENDENT . 15
118	118
119	119	SECTION 2. AND BE IT FURTHER ENACTED, That this A ct shall take effect June 16
120	120	1, 2022. 17