MD
Maryland Senate Bill SB811

Maryland 2023 Regular Session

Maryland Senate Bill SB811 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0811*
66
77 SENATE BILL 811
88 F1 3lr1557
99
1010 By: Senator A. Washington
1111 Introduced and read first time: February 6, 2023
1212 Assigned to: Education, Energy, and the Environment
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 School Discipline – Behavioral Health and Safety – Data Collection and School 2
1919 Resource Officers 3
2020
2121 FOR the purpose of requiring the State Department of Education to disaggregate certain 4
2222 discipline–related data in an electronic spreadsheet format for the Department’s 5
2323 website, make the data available to the public, and report certain discipline–related 6
2424 information each year; requiring the Department to maintain a certain risk ratio 7
2525 used to identify a school’s disproportional disciplinary practices and report 8
2626 disproportionality data for high–suspending schools; requiring each county board of 9
2727 education to develop a behavioral health and safety plan for schools where a school 10
2828 resource officer is assigned or a school security employee is employed; requiring the 11
2929 behavioral health and safety plan to meet certain requirements; requiring each 12
3030 county board to update the behavioral health and safety plan each year; requiring a 13
3131 public school, beginning on a certain date, to implement a behavioral health and 14
3232 safety plan before hiring a school resource officer or school security employee; 15
3333 prohibiting a school administrator or official or a school safety coordinator from 16
3434 directing a school resource officer to enforce certain discipline–related policies, rules, 17
3535 regulations, or procedures; prohibiting a school resource officer from unilaterally 18
3636 enforcing certain discipline–related policies, rules, regulations, or procedures; and 19
3737 generally relating to school resource officers and discipline of students. 20
3838
3939 BY repealing and reenacting, with amendments, 21
4040 Article – Education 22
4141 Section 7–306 and 7–1508 23
4242 Annotated Code of Maryland 24
4343 (2022 Replacement Volume) 25
4444
4545 BY adding to 26
4646 Article – Education 27
4747 Section 7–311 28
4848 Annotated Code of Maryland 29 2 SENATE BILL 811
4949
5050
5151 (2022 Replacement Volume) 1
5252
5353 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
5454 That the Laws of Maryland read as follows: 3
5555
5656 Article – Education 4
5757
5858 7–306. 5
5959
6060 (a) (1) In this section, “restorative approaches” means a relationship–focused 6
6161 student discipline model that: 7
6262
6363 (i) Is preventive and proactive; 8
6464
6565 (ii) Emphasizes building strong relationships and setting clear 9
6666 behavioral expectations that contribute to the well–being of the school community; 10
6767
6868 (iii) In response to behavior that violates the clear behavioral 11
6969 expectations that contribute to the well–being of the school community, focuses on 12
7070 accountability for any harm done by the problem behavior; and 13
7171
7272 (iv) Addresses ways to repair the relationships affected by the 14
7373 problem behavior with the voluntary participation of an individual who was harmed. 15
7474
7575 (2) “Restorative approaches” may include: 16
7676
7777 (i) Conflict resolution; 17
7878
7979 (ii) Mediation; 18
8080
8181 (iii) Peer mediation; 19
8282
8383 (iv) Circle processes; 20
8484
8585 (v) Restorative conferences; 21
8686
8787 (vi) Social emotional learning; 22
8888
8989 (vii) Trauma–informed care; 23
9090
9191 (viii) Positive behavioral intervention supports; and 24
9292
9393 (ix) Rehabilitation. 25
9494
9595 (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 26
9696 Board, a principal, vice principal, or other employee may not administer corporal 27
9797 punishment to discipline a student in a public school in the State. 28 SENATE BILL 811 3
9898
9999
100100
101101 (c) The State Board shall: 1
102102
103103 (1) Establish guidelines that define a State code of discipline for all public 2
104104 schools with standards of conduct and consequences for violations of the standards; 3
105105
106106 (2) On request, provide technical assistance and training to county boards 4
107107 regarding the use of restorative approaches; and 5
108108
109109 (3) Assist each county board with the implementation of the guidelines. 6
110110
111111 (d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 7
112112 county board shall adopt regulations designed to create and maintain within the schools 8
113113 under its jurisdiction the atmosphere of order and discipline necessary for effective 9
114114 learning. 10
115115
116116 (2) The regulations adopted by a county board under this subsection: 11
117117
118118 (i) Shall provide for educational and behavioral interventions, 12
119119 restorative approaches, counseling, and student and parent conferencing; 13
120120
121121 (ii) Shall provide alternative programs, which may include in–school 14
122122 suspension, suspension, expulsion, or other disciplinary measures that are deemed 15
123123 appropriate; and 16
124124
125125 (iii) Shall state that the primary purpose of any disciplinary measure 17
126126 is rehabilitative, restorative, and educational. 18
127127
128128 (e) (1) On or before October 1 each year, the Department shall submit to the 19
129129 Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
130130 Assembly, a student discipline data report that includes a description of the uses of 21
131131 restorative approaches in the State and a review of disciplinary practices and policies in 22
132132 the State. 23
133133
134134 (2) The Department shall disaggregate the information in any student 24
135135 discipline data report prepared by the Department by race, ethnicity, gender, disability 25
136136 status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 26
137137 status, English language proficiency, and type of discipline for: 27
138138
139139 (i) The State; 28
140140
141141 (ii) Each local school system; and 29
142142
143143 (iii) Each public school. 30
144144
145145 (3) Special education–related data in any report prepared under this 31
146146 subsection shall be disaggregated by race, ethnicity, and gender. 32 4 SENATE BILL 811
147147
148148
149149
150150 (F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 1
151151 DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 2
152152 DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 3
153153 LOCAL SCHOOL SYSTEM LEVEL , AND SCHOOL LEVEL . 4
154154
155155 (2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 5
156156 SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 6
157157 DATA, DISAGGREGATED BY GRA DE LEVEL, RACE, ETHNICITY, DISABILITY STATUS , 7
158158 INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION PROGRAM , 8
159159 SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY DISPR OPORTIONAL 9
160160 DISCIPLINARY PRACTIC ES OF: 10
161161
162162 (I) A LOCAL SCHOOL SYSTEM ; OR 11
163163
164164 (II) A PUBLIC SCHOOL . 12
165165
166166 (3) ON OR BEFORE AUGUST 1, 2024, AND EACH AUGUST 1 13
167167 THEREAFTER, THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 14
168168 THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 15
169169 STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 16
170170
171171 (G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 17
172172 FOLLOWING SCH OOLS THAT SUSPEND ST UDENTS IN EACH SUBGR OUP 18
173173 DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS , AND ENGLISH 19
174174 LANGUAGE PROFICIENCY : 20
175175
176176 (I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 21
177177 OF ITS STUDENTS IN E ACH SUBGROUP ; AND 22
178178
179179 (II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 23
180180 ITS STUDENTS IN EACH SUBGROUP. 24
181181
182182 (2) THE DEPARTMENT SHALL MAIN TAIN A RISK RATIO AN D STATE 25
183183 COMPARISON THRESHOLD OF 2.0 TO BE USED FOR IDENT IFYING ACTION UNDER THE 26
184184 FEDERAL REGULATIONS IMPLEMENTING THE FED ERAL INDIVIDUALS WITH 27
185185 DISABILITIES EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONAL ITY. 28
186186
187187 (3) THE DEPARTMENT SHALL : 29
188188
189189 (I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 30
190190 SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 31
191191
192192 (II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 32 SENATE BILL 811 5
193193
194194
195195 PUBLIC SEPARATE D AY SCHOOLS IN ANY CA LCULATION OF DISPROP ORTIONALITY 1
196196 DATA UNDER THIS PARA GRAPH. 2
197197
198198 [(f)] (H) (1) In this subsection, “alternative school discipline practice” means 3
199199 a discipline practice used in a public school that is not an in–school suspension or an 4
200200 out–of–school suspension. 5
201201
202202 (2) The Department shall collect data on alternative school discipline 6
203203 practices in public schools for each local school system, including: 7
204204
205205 (i) The types of alternative school discipline practices that are used 8
206206 in a local school system; and 9
207207
208208 (ii) The type of misconduct for which an alternative discipline 10
209209 practice is used. 11
210210
211211 7–311. 12
212212
213213 (A) (1) ON OR BEFORE SEPTEMBER 1, 2024, EACH COUNTY BOARD SH ALL 13
214214 DEVELOP A BEHAVIORAL HEALTH AND SAFETY PL AN TO BE USED BY EAC H PUBLIC 14
215215 SCHOOL WHERE A SCHOOL RESOURCE OF FICER IS ASSIGNED OR A SCHOOL 15
216216 SECURITY EMPLOYEE IS EMPLOYED. 16
217217
218218 (2) THE BEHAVIORAL HEALTH AND SAFETY PLAN SHAL L INCLUDE 17
219219 METRICS TO MEASURE A ND STEPS FOR IMPROVE MENT IN: 18
220220
221221 (I) THE NUMBER OF STUDENT S WHO HAVE ACCESS TO 19
222222 BEHAVIORAL AND ME NTAL HEALTH SUPPORTS ; 20
223223
224224 (II) REFERRALS TO MENTAL H EALTH SERVICES WHEN A 21
225225 STUDENT IS EXPERIENC ING A CRISIS; 22
226226
227227 (III) THE USE OF RESTORATIV E APPROACHES IN ADDR ESSING 23
228228 STUDENT MISCONDUCT ; 24
229229
230230 (IV) THE USE OF TRAUMA –INFORMED APPROACHES TO 25
231231 ADDRESS A STUDENT IN DISTRESS; 26
232232
233233 (V) THE NUMBER OF SCHOOL –BASED ARRESTS ; 27
234234
235235 (VI) THE NUMBER OF SUSPENS IONS; 28
236236
237237 (VII) REFERRALS TO THE DEPARTMENT OF JUVENILE 29
238238 SERVICES; AND 30 6 SENATE BILL 811
239239
240240
241241
242242 (VIII) THE NUMBER OF EXPULSI ONS FOR NONVIOLENT B EHAVIOR. 1
243243
244244 (3) EACH YEAR, EACH COUNTY BOARD SHALL U PDATE THE 2
245245 BEHAVIORAL HEALTH AN D SAFETY PLAN BASED ON CURRENT EVIDENCE –BASED 3
246246 BEHAVIORAL HEALTH PR ACTICES. 4
247247
248248 (B) BEGINNING SEPTEMBER 1, 2024, A PUBLIC SCHOOL SHALL IMPLEMENT 5
249249 A BEHAVIORAL HEALTH AND SAFETY PLAN BEFO RE HIRING A SCHOOL R ESOURCE 6
250250 OFFICER OR SCHOOL SE CURITY EMPLOYEE . 7
251251
252252 7–1508. 8
253253
254254 (a) (1) Each local school system shall designate a school safety coordinator. 9
255255
256256 (2) A designated school safety coordinator shall: 10
257257
258258 (i) Be certified by the Center; and 11
259259
260260 (ii) Serve as a liaison between the local school system, the local law 12
261261 enforcement agency, and the Center. 13
262262
263263 (B) (1) A SCHOOL ADMINISTRATOR OR OFFICIAL OR A SCH OOL SAFETY 14
264264 COORDINATOR MAY NOT DIRECT A SCHOOL RESO URCE OFFICER TO ENFO RCE 15
265265 DISCIPLINE–RELATED SCHOOL POLIC IES, RULES, REGULATIONS, OR PROCEDURES . 16
266266
267267 (2) A SCHOOL RESOURCE OFFI CER MAY NOT UNILATER ALLY 17
268268 ENFORCE DISCIPLINE –RELATED SCHOOL POLIC IES, RULES, REGULATIONS , OR 18
269269 PROCEDURES . 19
270270
271271 [(b)] (C) (1) (i) On or before September 1, 2018, the Center, in 20
272272 consultation with local school systems, shall: 21
273273
274274 1. Develop a specialized curriculum for use in training of 22
275275 school resource officers and school security employees; and 23
276276
277277 2. Submit the curriculum to the Maryland Police Training 24
278278 and Standards Commission for approval. 25
279279
280280 (ii) The specialized curriculum developed under this subsection shall 26
281281 include training in: 27
282282
283283 1. De–escalation; 28
284284
285285 2. Disability awareness; 29 SENATE BILL 811 7
286286
287287
288288
289289 3. Maintaining a positive school climate; 1
290290
291291 4. Constructive interactions with students; [and] 2
292292
293293 5. Implicit bias and disability and diversity awareness with 3
294294 specific attention to racial and ethnic disparities; AND 4
295295
296296 6. PROHIBITED CONDUCT . 5
297297
298298 (iii) 1. The specialized curriculum developed under this 6
299299 subsection may not go into effect until it is approved by the Maryland Police Training and 7
300300 Standards Commission. 8
301301
302302 2. If the Maryland Police Training and Standards 9
303303 Commission does not initially approve the specialized curriculum, the Center shall amend 10
304304 the curriculum until it meets with the Commission’s approval. 11
305305
306306 (2) On or before March 1, 2019, the Center shall develop and submit to the 12
307307 Maryland Police Training and Standards Commission for approval a model training 13
308308 program that meets the requirements of the curriculum approved under paragraph (1) of 14
309309 this subsection. 15
310310
311311 (3) Each local law enforcement agency shall: 16
312312
313313 (i) Enroll individuals assigned to be school resource officers in the 17
314314 model training program developed by the Center under paragraph (2) of this subsection; or 18
315315
316316 (ii) 1. Submit to the Maryland Police Training and Standards 19
317317 Commission for approval a training program that is consistent with the curriculum 20
318318 developed under paragraph (1) of this subsection; and 21
319319
320320 2. Enroll individuals assigned to be school resource officers 22
321321 in the training program developed under item 1 of this item. 23
322322
323323 (4) Beginning September 1, 2019, to be assigned as a school resource officer 24
324324 an individual shall: 25
325325
326326 (i) Complete: 26
327327
328328 1. The model training program developed by the Center 27
329329 under paragraph (2) of this subsection through instruction provided by the Center in 28
330330 collaboration with the Maryland Police Training and Standards Commission; or 29
331331
332332 2. A local law enforcement agency’s training program 30
333333 developed under paragraph (3)(ii) of this subsection; and 31
334334 8 SENATE BILL 811
335335
336336
337337 (ii) Be certified by the Maryland Police Training and Standards 1
338338 Commission. 2
339339
340340 (5) Beginning September 1, 2019, to be employed as a school security 3
341341 employee at a public school, an individual shall complete: 4
342342
343343 (i) The model training program developed by the Center under 5
344344 paragraph (2) of this subsection through instruction provided by the Center in collaboration 6
345345 with the Maryland Police Training and Standards Commission; or 7
346346
347347 (ii) A local law enforcement agency’s training program developed 8
348348 under paragraph (3)(ii) of this subsection. 9
349349
350350 [(c)] (D) The Center shall collect data regarding the school resource officers in 10
351351 each local school system, including: 11
352352
353353 (1) The number of full–time and part–time school resource officers 12
354354 assigned to each elementary school, middle school, and high school; and 13
355355
356356 (2) Any other local school system employees or local law enforcement 14
357357 officers who are fulfilling the role of a school resource officer. 15
358358
359359 [(d)] (E) (1) On or before December 15, 2018, the Center, in collaboration 16
360360 with local law enforcement agencies and local school systems, shall analyze the initial data 17
361361 collected under subsection [(c)] (D) of this section and develop guidelines to assist local 18
362362 school systems in: 19
363363
364364 (i) Identifying the appropriate number and assignment of school 20
365365 resource officers, including supplemental coverage by local law enforcement agencies; and 21
366366
367367 (ii) Collaborating and communicating with local law enforcement 22
368368 agencies. 23
369369
370370 (2) On or before July 1, 2019, each local school system, in consultation with 24
371371 local law enforcement agencies, shall: 25
372372
373373 (i) Develop a plan to implement the guidelines developed by the 26
374374 Center; and 27
375375
376376 (ii) Submit the plan to the Center for review and comment. 28
377377
378378 [(e)] (F) (1) Before the 2018–2019 school year begins, each local school 29
379379 system shall file a report with the Center identifying: 30
380380
381381 (i) The public high schools in the local school system’s jurisdiction 31
382382 that have a school resource officer assigned to the school; and 32
383383 SENATE BILL 811 9
384384
385385
386386 (ii) If a public high school in the local school system’s jurisdiction is 1
387387 not assigned a school resource officer, the adequate local law enforcement coverage that 2
388388 will be provided to the public high school. 3
389389
390390 (2) Beginning with the 2019–2020 school year, and each school year 4
391391 thereafter, before the school year begins, each local school system shall, in accordance with 5
392392 the plan developed under subsection [(d)(2)] (E)(2) of this section, file a report identifying: 6
393393
394394 (i) The public schools in the local school system’s jurisdiction that 7
395395 have a school resource officer assigned to the school; and 8
396396
397397 (ii) If a public school in the local school system’s jurisdiction is not 9
398398 assigned a school resource officer, the adequate local law enforcement coverage that will be 10
399399 provided to the public school. 11
400400
401401 (3) On or before October 1, 2018, and each October 1 thereafter, the Center 12
402402 shall submit a summary of the reports required under this subsection to the Governor and, 13
403403 in accordance with § 2–1257 of the State Government Article, the General Assembly. 14
404404
405405 [(f)] (G) Each local school system shall post on the school system’s website 15
406406 information on the role and authority of school resource officers assigned to public schools 16
407407 within the school system. 17
408408
409409 [(g)] (H) (1) For fiscal year 2020 and each fiscal year thereafter, the Governor 18
410410 shall include in the annual budget bill an appropriation of $10,000,000 to the Fund for the 19
411411 purpose of providing grants to local school systems and local law enforcement agencies to 20
412412 assist in meeting the requirements of subsection (e) of this section. 21
413413
414414 (2) Grants provided under this subsection shall be made to each local 22
415415 school system based on the number of schools in each school system in proportion to the 23
416416 total number of public schools in the State in the prior year. 24
417417
418418 [(h)] (I) (1) The Center shall collect data on incidents of use of force between: 25
419419
420420 (i) Any school resource officer and a student while a school resource 26
421421 officer is carrying out the officer’s duties; and 27
422422
423423 (ii) Any school security employee and a student while the school 28
424424 security employee is carrying out the employee’s duties. 29
425425
426426 (2) On or before December 1, 2020, and each December 1 thereafter, the 30
427427 Center shall submit a report on the data collected under paragraph (1) of this subsection 31
428428 for each jurisdiction, in accordance with federal and State law, to the Governor and, in 32
429429 accordance with § 2–1257 of the State Government Article, the General Assembly. 33
430430
431431 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect July 34
432432 1, 2023. 35