Maryland 2022 2022 Regular Session

Maryland Senate Bill SB951 Chaptered / Bill

Filed 06/07/2022

                     LAWRENCE J. HOGAN, JR., Governor Ch. 557 
 
– 1 – 
Chapter 557 
(Senate Bill 951) 
 
AN ACT concerning 
 
Education – Student Athletes – Uniform Modifications for Modesty  
(Inclusive Athletic Attire Act) 
 
FOR the purpose of requiring county boards of education, the Maryland Public Secondary 
Schools Athletic Association, governing bodies of public institutions of higher 
education, and boards of community college trustees to allow student athletes to 
modify an athletic or team uniform to make the attire more modest to conform to the 
requirements or preferences of the student athlete’s religion or culture or the student 
athlete’s own preferences for modesty; and generally relating to modifying athletic 
or team uniforms of student athletes. 
 
BY adding to 
 Article – Education 
Section 7–129, 15–134, and 16–110 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Education 
 
7–129. 
 
 (A) IN THIS SECTION, “STUDENT ATHLETE ” MEANS A STUDENT ENRO LLED 
IN A HIGH SCHOOL WHO PARTICIPATES IN A HI GH SCHOOL ATHLETIC P ROGRAM 
THAT IS A MEMBER OF THE MARYLAND PUBLIC SECONDARY SCHOOLS ATHLETIC 
ASSOCIATION. 
 
 (B) (1) A COUNTY BOARD AND THE MARYLAND PUBLIC SECONDARY 
SCHOOLS ATHLETIC ASSOCIATION SHALL ALL OW A STUDENT ATHLETE TO MODIFY 
THE ATHLETIC OR TEAM UNIFORM OF THE STUDE NT ATHLETE IN A MANN ER THAT 
MAKES THE STUDENT AT HLETE’S ATTIRE MORE MODES T TO CONFORM TO THE: 
 
 (I) THE REQUIREMENTS OR PREF ERENCES OF THE STUDE NT 
ATHLETE’S RELIGION OR CULTUR E; OR 
 
 (II) THE STUDENT ATHLETE ’S OWN PREFERENCES FO R 
MODESTY.  
  Ch. 557 	2022 LAWS OF MARYLAND  
 
– 2 – 
 (2) A STUDENT ATHLETE MAY NOT BE REQUIRED TO R ECEIVE 
APPROVAL FROM A COAC H, A TEACHER, A SCHOOL ADMINISTRAT OR, OR THE 
COUNTY BOARD BEFORE MAKING THE UNIFORM M ODIFICATION.  
 
 (C) (1) A MODIFICATION TO AN A THLETIC OR TEAM UNIF ORM MAY 
INCLUDE THE WEARING OF: 
 
 (I) A HEAD COVERING WORN F OR RELIGIOUS REASONS , 
INCLUDING A MUSLIM HIJAB, JEWISH KIPPAH , OR SIKH DASTAR; 
 
 (II) AN UNDERSHIRT ; OR  
 
 (III) LEGGINGS.  
 
 (2) A MODIFICATION TO AN A THLETIC OR TEAM UNIF ORM MAY NOT :  
 
 (I) INTERFERE WITH THE MO VEMENT OF THE STUDEN T 
ATHLETE; OR  
 
 (II) POSE A SAFETY HAZARD TO THE STUDENT ATHLE TE, OTHER 
STUDENT ATHLETES , OR OTHERS.  
 
 (3) A STUDENT ATHLETE MAY MODIFY THE UNIFORM H EADGEAR IF 
THE MODIFIED HEADGEA R: 
 
 (I) IS BLACK, WHITE, THE PREDOMINANT COLOR OF THE 
UNIFORM, OR THE SAME COLOR AS THAT WORN BY ALL PLA YERS ON THE TEAM ; 
 
 (II) DOES NOT COVER ANY PA RT OF THE FACE , UNLESS 
REQUIRED FOR THE SAF ETY OF THE WEARER ; 
 
 (III) IS NOT DANGEROUS TO T HE STUDENT ATHLETE , OTHER 
STUDENT ATHL ETES, OR OTHERS; 
 
 (IV) DOES NOT HAVE OPENING OR CLOSING ELEMENTS AROUND 
THE FACE OR NECK ; AND 
 
 (V) DOES NOT HAVE PARTS P ROTRUDING FROM ITS S URFACE. 
 
 (D) (1) A STUDENT ATHLETE IS R ESPONSIBLE FOR ALL C OSTS 
ASSOCIATED WITH THE MODIFICATION OF THE STUDENT ATHLETE’S ATHLETIC OR 
TEAM UNIFORM UNDER T HIS SECTION.  
   LAWRENCE J. HOGAN, JR., Governor Ch. 557 
 
– 3 – 
 (2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT A 
PUBLIC SCHOOL FROM P ROVIDING THE UNIFORM MODIFICATION TO THE STUDENT. 
 
15–134. 
 
 (A) IN THIS SECTION, “STUDENT ATHLETE ” MEANS A STUDENT ENROLLED 
AT A PUBLIC INSTITUT ION OF HIGHER EDUCAT ION WHO PARTICIPATES IN AN 
INTERCOLLEGIATE ATHL ETIC PROGRAM AT THE INSTITUTION. 
 
 (B) (1) THE GOVERNING BODY OF A PUBLIC INSTITUTION OF HIGHER 
EDUCATION SHALL ALLO W A STUDENT ATHLETE TO MODIFY THE ATHLET IC OR TEAM 
UNIFORM OF THE STUDE NT ATHLETE IN A MANN ER THAT MAKES THE ST UDENT 
ATHLETE’S ATTIRE MORE MODEST TO CONFORM TO THE: 
 
 (I) THE REQUIREMENTS OR PREF ERENCES OF THE STUDE NT 
ATHLETE’S RELIGION OR CULTUR E; OR 
 
 (II) THE STUDENT ATHLETE ’S OWN PREFERENCES FOR 
MODESTY.  
 
 (2) A STUDENT ATHLETE MAY NOT BE REQUIRED TO R ECEIVE 
APPROVAL FROM A COAC H, AN ADMINISTRATOR , OR THE GOVERNING BOD Y OF THE 
PUBLIC INSTITUTION O F HIGHER EDUCATION B EFORE MAKING THE UNI FORM 
MODIFICATION .  
 
 (C) (1) A MODIFICATION TO AN A THLETIC OR TEAM UNIFORM MAY 
INCLUDE THE WEARING OF: 
 
 (I) A HEAD COVERING WORN F OR RELIGIOUS REASONS , 
INCLUDING A MUSLIM HIJAB, JEWISH KIPPAH , OR SIKH DASTAR; 
 
 (II) AN UNDERSHIRT ; OR  
 
 (III) LEGGINGS.  
 
 (2) A MODIFICATION TO AN A THLETIC OR TEAM UNIF ORM MAY NOT :  
 
 (I) INTERFERE WITH THE MO VEMENT OF THE STUDEN T 
ATHLETE; OR  
 
 (II) POSE A SAFETY HAZARD TO THE STUDENT ATHLE TE, OTHER 
STUDENT ATHLETES , OR OTHERS.  
  Ch. 557 	2022 LAWS OF MARYLAND  
 
– 4 – 
 (3) A STUDENT ATHLETE MAY MODIFY THE UNIFORM H EADGEAR IF 
THE MODIFIED HEADGEA R: 
 
 (I) IS BLACK, WHITE, THE PREDOMINANT COLO R OF THE 
UNIFORM, OR THE SAME COLOR AS THAT WORN BY ALL PLA YERS ON THE TEAM ; 
 
 (II) DOES NOT COVER ANY PA RT OF THE FACE , UNLESS 
REQUIRED FOR THE SAF ETY OF THE WEARER ; 
 
 (III) IS NOT DANGEROUS TO T HE STUDENT ATHL ETE, OTHER 
STUDENT ATHLETES , OR OTHERS; 
 
 (IV) DOES NOT HAVE OPENING OR CLOSING ELEMENTS AROUND 
THE FACE OR NECK ; AND 
 
 (V) DOES NOT HAVE PARTS P ROTRUDING FROM ITS S URFACE. 
 
 (D) (1) A STUDENT ATHLETE IS R ESPONSIBLE FOR ALL C OSTS 
ASSOCIATED WITH THE MODIFICATION OF THE ST UDENT ATHLETE ’S ATHLETIC OR 
TEAM UNIFORM UNDER T HIS SECTION.  
 
 (2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT A 
PUBLIC INSTITUTION O F HIGHER EDUCATION F ROM PROVIDING THE UN IFORM 
MODIFICATION TO THE STUDENT. 
 
16–110. 
 
 (A) IN THIS SECTION, “STUDENT ATHLETE ” MEANS A STUDENT ENRO LLED 
AT A COMMUNITY COLLE GE WHO PARTICIPATES IN AN INTERCOLLEGIAT E ATHLETIC 
PROGRAM AT THE COMMU NITY COLLEGE . 
 
 (B) (1) THE BOARD OF COMMUNIT Y COLLEGE TRUSTEES A T A 
COMMUNITY COLLEGE SH ALL ALLOW A STUDENT ATHLETE TO MODIFY THE 
ATHLETIC OR TEAM UNI FORM OF THE STUDENT ATHLETE IN A MANNER THAT MAKES 
THE STUDENT ATHLETE ’S ATTIRE MORE MODEST TO CONFORM TO THE: 
 
 (I) THE REQUIREMENTS OR PREF ERENCES OF THE STUDE NT 
ATHLETE’S RELIGION OR CULTUR E; OR 
 
 (II) THE STUDENT ATHLETE ’S OWN PREFERENCES FO R 
MODESTY.  
   LAWRENCE J. HOGAN, JR., Governor Ch. 557 
 
– 5 – 
 (2) A STUDENT ATHLETE MAY NOT BE REQUIRED TO R ECEIVE 
APPROVAL FROM A COAC H, AN ADMINISTRATOR , OR THE BOARD OF COMM UNITY 
COLLEGE TRUSTEES BEF ORE MAKING THE UNIFO RM MODIFICATION .  
 
 (C) (1) A MODIFICATION TO AN ATHLETIC OR TEAM UNIFORM MAY 
INCLUDE THE WEARING OF: 
 
 (I) A HEAD COVERING WORN F OR RELIGIOUS REASONS , 
INCLUDING A MUSLIM HIJAB, JEWISH KIPPAH , OR SIKH DASTAR; 
 
 (II) AN UNDERSHIRT ; OR  
 
 (III) LEGGINGS.  
 
 (2) A MODIFICATION TO AN A THLETIC OR T EAM UNIFORM MAY NOT :  
 
 (I) INTERFERE WITH THE MO VEMENT OF THE STUDEN T 
ATHLETE; OR  
 
 (II) POSE A SAFETY HAZARD TO THE STUDENT ATHLE TE, OTHER 
STUDENT ATHLETES , OR OTHERS.  
 
 (3) A STUDENT ATHLETE MAY MODIFY THE UNIFORM H EADGEAR IF 
THE MODIFIED HEADGEA R: 
 
 (I) IS BLACK, WHITE, THE PREDOMINANT COLO R OF THE 
UNIFORM, OR THE SAME COLOR AS THAT WORN BY ALL PLA YERS ON THE TEAM ; 
 
 (II) DOES NOT COVER ANY PA RT OF THE FACE , UNLESS 
REQUIRED FOR THE SAF ETY OF THE WEARER ; 
 
 (III) IS NOT DANGEROUS TO T HE STUDE NT ATHLETE, OTHER 
STUDENT ATHLETES , OR OTHERS; 
 
 (IV) DOES NOT HAVE OPENING OR CLOSING ELEMENTS AROUND 
THE FACE OR NECK ; AND 
 
 (V) DOES NOT HAVE PARTS P ROTRUDING FROM ITS S URFACE. 
 
 (D) (1) A STUDENT ATHLETE IS R ESPONSIBLE FOR ALL C OSTS 
ASSOCIATED WITH THE MODIFICATION OF THE STUDENT ATHLETE ’S ATHLETIC OR 
TEAM UNIFORM UNDER T HIS SECTION.  
  Ch. 557 	2022 LAWS OF MARYLAND  
 
– 6 – 
 (2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT A 
COMMUNITY COLLEGE FR OM PROVIDING THE UNI FORM MO DIFICATION TO THE 
STUDENT. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2022. 
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.