EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0811*
SENATE BILL 811
F1 3lr1557
By: Senator A. Washington
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
School Discipline – Behavioral Health and Safety – Data Collection and School 2
Resource Officers 3
FOR the purpose of requiring the State Department of Education to disaggregate certain 4
discipline–related data in an electronic spreadsheet format for the Department’s 5
website, make the data available to the public, and report certain discipline–related 6
information each year; requiring the Department to maintain a certain risk ratio 7
used to identify a school’s disproportional disciplinary practices and report 8
disproportionality data for high–suspending schools; requiring each county board of 9
education to develop a behavioral health and safety plan for schools where a school 10
resource officer is assigned or a school security employee is employed; requiring the 11
behavioral health and safety plan to meet certain requirements; requiring each 12
county board to update the behavioral health and safety plan each year; requiring a 13
public school, beginning on a certain date, to implement a behavioral health and 14
safety plan before hiring a school resource officer or school security employee; 15
prohibiting a school administrator or official or a school safety coordinator from 16
directing a school resource officer to enforce certain discipline–related policies, rules, 17
regulations, or procedures; prohibiting a school resource officer from unilaterally 18
enforcing certain discipline–related policies, rules, regulations, or procedures; and 19
generally relating to school resource officers and discipline of students. 20
BY repealing and reenacting, with amendments, 21
Article – Education 22
Section 7–306 and 7–1508 23
Annotated Code of Maryland 24
(2022 Replacement Volume) 25
BY adding to 26
Article – Education 27
Section 7–311 28
Annotated Code of Maryland 29 2 SENATE BILL 811
(2022 Replacement Volume) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Education 4
7–306. 5
(a) (1) In this section, “restorative approaches” means a relationship–focused 6
student discipline model that: 7
(i) Is preventive and proactive; 8
(ii) Emphasizes building strong relationships and setting clear 9
behavioral expectations that contribute to the well–being of the school community; 10
(iii) In response to behavior that violates the clear behavioral 11
expectations that contribute to the well–being of the school community, focuses on 12
accountability for any harm done by the problem behavior; and 13
(iv) Addresses ways to repair the relationships affected by the 14
problem behavior with the voluntary participation of an individual who was harmed. 15
(2) “Restorative approaches” may include: 16
(i) Conflict resolution; 17
(ii) Mediation; 18
(iii) Peer mediation; 19
(iv) Circle processes; 20
(v) Restorative conferences; 21
(vi) Social emotional learning; 22
(vii) Trauma–informed care; 23
(viii) Positive behavioral intervention supports; and 24
(ix) Rehabilitation. 25
(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 26
Board, a principal, vice principal, or other employee may not administer corporal 27
punishment to discipline a student in a public school in the State. 28 SENATE BILL 811 3
(c) The State Board shall: 1
(1) Establish guidelines that define a State code of discipline for all public 2
schools with standards of conduct and consequences for violations of the standards; 3
(2) On request, provide technical assistance and training to county boards 4
regarding the use of restorative approaches; and 5
(3) Assist each county board with the implementation of the guidelines. 6
(d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 7
county board shall adopt regulations designed to create and maintain within the schools 8
under its jurisdiction the atmosphere of order and discipline necessary for effective 9
learning. 10
(2) The regulations adopted by a county board under this subsection: 11
(i) Shall provide for educational and behavioral interventions, 12
restorative approaches, counseling, and student and parent conferencing; 13
(ii) Shall provide alternative programs, which may include in–school 14
suspension, suspension, expulsion, or other disciplinary measures that are deemed 15
appropriate; and 16
(iii) Shall state that the primary purpose of any disciplinary measure 17
is rehabilitative, restorative, and educational. 18
(e) (1) On or before October 1 each year, the Department shall submit to the 19
Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
Assembly, a student discipline data report that includes a description of the uses of 21
restorative approaches in the State and a review of disciplinary practices and policies in 22
the State. 23
(2) The Department shall disaggregate the information in any student 24
discipline data report prepared by the Department by race, ethnicity, gender, disability 25
status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 26
status, English language proficiency, and type of discipline for: 27
(i) The State; 28
(ii) Each local school system; and 29
(iii) Each public school. 30
(3) Special education–related data in any report prepared under this 31
subsection shall be disaggregated by race, ethnicity, and gender. 32 4 SENATE BILL 811
(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 1
DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 2
DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 3
LOCAL SCHOOL SYSTEM LEVEL , AND SCHOOL LEVEL . 4
(2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 6
DATA, DISAGGREGATED BY GRA DE LEVEL, RACE, ETHNICITY, DISABILITY STATUS , 7
INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION PROGRAM , 8
SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY DISPR OPORTIONAL 9
DISCIPLINARY PRACTIC ES OF: 10
(I) A LOCAL SCHOOL SYSTEM ; OR 11
(II) A PUBLIC SCHOOL . 12
(3) ON OR BEFORE AUGUST 1, 2024, AND EACH AUGUST 1 13
THEREAFTER, THE DEPARTMENT SHALL REPO RT ON THE DATA GATHE RED UNDER 14
THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 15
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 16
(G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 17
FOLLOWING SCH OOLS THAT SUSPEND ST UDENTS IN EACH SUBGR OUP 18
DISAGGREGATED BY RAC E, ETHNICITY, DISABILITY STATUS , AND ENGLISH 19
LANGUAGE PROFICIENCY : 20
(I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 21
OF ITS STUDENTS IN E ACH SUBGROUP ; AND 22
(II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 23
ITS STUDENTS IN EACH SUBGROUP. 24
(2) THE DEPARTMENT SHALL MAIN TAIN A RISK RATIO AN D STATE 25
COMPARISON THRESHOLD OF 2.0 TO BE USED FOR IDENT IFYING ACTION UNDER THE 26
FEDERAL REGULATIONS IMPLEMENTING THE FED ERAL INDIVIDUALS WITH 27
DISABILITIES EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONAL ITY. 28
(3) THE DEPARTMENT SHALL : 29
(I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 30
SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 31
(II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 32 SENATE BILL 811 5
PUBLIC SEPARATE D AY SCHOOLS IN ANY CA LCULATION OF DISPROP ORTIONALITY 1
DATA UNDER THIS PARA GRAPH. 2
[(f)] (H) (1) In this subsection, “alternative school discipline practice” means 3
a discipline practice used in a public school that is not an in–school suspension or an 4
out–of–school suspension. 5
(2) The Department shall collect data on alternative school discipline 6
practices in public schools for each local school system, including: 7
(i) The types of alternative school discipline practices that are used 8
in a local school system; and 9
(ii) The type of misconduct for which an alternative discipline 10
practice is used. 11
7–311. 12
(A) (1) ON OR BEFORE SEPTEMBER 1, 2024, EACH COUNTY BOARD SH ALL 13
DEVELOP A BEHAVIORAL HEALTH AND SAFETY PL AN TO BE USED BY EAC H PUBLIC 14
SCHOOL WHERE A SCHOOL RESOURCE OF FICER IS ASSIGNED OR A SCHOOL 15
SECURITY EMPLOYEE IS EMPLOYED. 16
(2) THE BEHAVIORAL HEALTH AND SAFETY PLAN SHAL L INCLUDE 17
METRICS TO MEASURE A ND STEPS FOR IMPROVE MENT IN: 18
(I) THE NUMBER OF STUDENT S WHO HAVE ACCESS TO 19
BEHAVIORAL AND ME NTAL HEALTH SUPPORTS ; 20
(II) REFERRALS TO MENTAL H EALTH SERVICES WHEN A 21
STUDENT IS EXPERIENC ING A CRISIS; 22
(III) THE USE OF RESTORATIV E APPROACHES IN ADDR ESSING 23
STUDENT MISCONDUCT ; 24
(IV) THE USE OF TRAUMA –INFORMED APPROACHES TO 25
ADDRESS A STUDENT IN DISTRESS; 26
(V) THE NUMBER OF SCHOOL –BASED ARRESTS ; 27
(VI) THE NUMBER OF SUSPENS IONS; 28
(VII) REFERRALS TO THE DEPARTMENT OF JUVENILE 29
SERVICES; AND 30 6 SENATE BILL 811
(VIII) THE NUMBER OF EXPULSI ONS FOR NONVIOLENT B EHAVIOR. 1
(3) EACH YEAR, EACH COUNTY BOARD SHALL U PDATE THE 2
BEHAVIORAL HEALTH AN D SAFETY PLAN BASED ON CURRENT EVIDENCE –BASED 3
BEHAVIORAL HEALTH PR ACTICES. 4
(B) BEGINNING SEPTEMBER 1, 2024, A PUBLIC SCHOOL SHALL IMPLEMENT 5
A BEHAVIORAL HEALTH AND SAFETY PLAN BEFO RE HIRING A SCHOOL R ESOURCE 6
OFFICER OR SCHOOL SE CURITY EMPLOYEE . 7
7–1508. 8
(a) (1) Each local school system shall designate a school safety coordinator. 9
(2) A designated school safety coordinator shall: 10
(i) Be certified by the Center; and 11
(ii) Serve as a liaison between the local school system, the local law 12
enforcement agency, and the Center. 13
(B) (1) A SCHOOL ADMINISTRATOR OR OFFICIAL OR A SCH OOL SAFETY 14
COORDINATOR MAY NOT DIRECT A SCHOOL RESO URCE OFFICER TO ENFO RCE 15
DISCIPLINE–RELATED SCHOOL POLIC IES, RULES, REGULATIONS, OR PROCEDURES . 16
(2) A SCHOOL RESOURCE OFFI CER MAY NOT UNILATER ALLY 17
ENFORCE DISCIPLINE –RELATED SCHOOL POLIC IES, RULES, REGULATIONS , OR 18
PROCEDURES . 19
[(b)] (C) (1) (i) On or before September 1, 2018, the Center, in 20
consultation with local school systems, shall: 21
1. Develop a specialized curriculum for use in training of 22
school resource officers and school security employees; and 23
2. Submit the curriculum to the Maryland Police Training 24
and Standards Commission for approval. 25
(ii) The specialized curriculum developed under this subsection shall 26
include training in: 27
1. De–escalation; 28
2. Disability awareness; 29 SENATE BILL 811 7
3. Maintaining a positive school climate; 1
4. Constructive interactions with students; [and] 2
5. Implicit bias and disability and diversity awareness with 3
specific attention to racial and ethnic disparities; AND 4
6. PROHIBITED CONDUCT . 5
(iii) 1. The specialized curriculum developed under this 6
subsection may not go into effect until it is approved by the Maryland Police Training and 7
Standards Commission. 8
2. If the Maryland Police Training and Standards 9
Commission does not initially approve the specialized curriculum, the Center shall amend 10
the curriculum until it meets with the Commission’s approval. 11
(2) On or before March 1, 2019, the Center shall develop and submit to the 12
Maryland Police Training and Standards Commission for approval a model training 13
program that meets the requirements of the curriculum approved under paragraph (1) of 14
this subsection. 15
(3) Each local law enforcement agency shall: 16
(i) Enroll individuals assigned to be school resource officers in the 17
model training program developed by the Center under paragraph (2) of this subsection; or 18
(ii) 1. Submit to the Maryland Police Training and Standards 19
Commission for approval a training program that is consistent with the curriculum 20
developed under paragraph (1) of this subsection; and 21
2. Enroll individuals assigned to be school resource officers 22
in the training program developed under item 1 of this item. 23
(4) Beginning September 1, 2019, to be assigned as a school resource officer 24
an individual shall: 25
(i) Complete: 26
1. The model training program developed by the Center 27
under paragraph (2) of this subsection through instruction provided by the Center in 28
collaboration with the Maryland Police Training and Standards Commission; or 29
2. A local law enforcement agency’s training program 30
developed under paragraph (3)(ii) of this subsection; and 31
8 SENATE BILL 811
(ii) Be certified by the Maryland Police Training and Standards 1
Commission. 2
(5) Beginning September 1, 2019, to be employed as a school security 3
employee at a public school, an individual shall complete: 4
(i) The model training program developed by the Center under 5
paragraph (2) of this subsection through instruction provided by the Center in collaboration 6
with the Maryland Police Training and Standards Commission; or 7
(ii) A local law enforcement agency’s training program developed 8
under paragraph (3)(ii) of this subsection. 9
[(c)] (D) The Center shall collect data regarding the school resource officers in 10
each local school system, including: 11
(1) The number of full–time and part–time school resource officers 12
assigned to each elementary school, middle school, and high school; and 13
(2) Any other local school system employees or local law enforcement 14
officers who are fulfilling the role of a school resource officer. 15
[(d)] (E) (1) On or before December 15, 2018, the Center, in collaboration 16
with local law enforcement agencies and local school systems, shall analyze the initial data 17
collected under subsection [(c)] (D) of this section and develop guidelines to assist local 18
school systems in: 19
(i) Identifying the appropriate number and assignment of school 20
resource officers, including supplemental coverage by local law enforcement agencies; and 21
(ii) Collaborating and communicating with local law enforcement 22
agencies. 23
(2) On or before July 1, 2019, each local school system, in consultation with 24
local law enforcement agencies, shall: 25
(i) Develop a plan to implement the guidelines developed by the 26
Center; and 27
(ii) Submit the plan to the Center for review and comment. 28
[(e)] (F) (1) Before the 2018–2019 school year begins, each local school 29
system shall file a report with the Center identifying: 30
(i) The public high schools in the local school system’s jurisdiction 31
that have a school resource officer assigned to the school; and 32
SENATE BILL 811 9
(ii) If a public high school in the local school system’s jurisdiction is 1
not assigned a school resource officer, the adequate local law enforcement coverage that 2
will be provided to the public high school. 3
(2) Beginning with the 2019–2020 school year, and each school year 4
thereafter, before the school year begins, each local school system shall, in accordance with 5
the plan developed under subsection [(d)(2)] (E)(2) of this section, file a report identifying: 6
(i) The public schools in the local school system’s jurisdiction that 7
have a school resource officer assigned to the school; and 8
(ii) If a public school in the local school system’s jurisdiction is not 9
assigned a school resource officer, the adequate local law enforcement coverage that will be 10
provided to the public school. 11
(3) On or before October 1, 2018, and each October 1 thereafter, the Center 12
shall submit a summary of the reports required under this subsection to the Governor and, 13
in accordance with § 2–1257 of the State Government Article, the General Assembly. 14
[(f)] (G) Each local school system shall post on the school system’s website 15
information on the role and authority of school resource officers assigned to public schools 16
within the school system. 17
[(g)] (H) (1) For fiscal year 2020 and each fiscal year thereafter, the Governor 18
shall include in the annual budget bill an appropriation of $10,000,000 to the Fund for the 19
purpose of providing grants to local school systems and local law enforcement agencies to 20
assist in meeting the requirements of subsection (e) of this section. 21
(2) Grants provided under this subsection shall be made to each local 22
school system based on the number of schools in each school system in proportion to the 23
total number of public schools in the State in the prior year. 24
[(h)] (I) (1) The Center shall collect data on incidents of use of force between: 25
(i) Any school resource officer and a student while a school resource 26
officer is carrying out the officer’s duties; and 27
(ii) Any school security employee and a student while the school 28
security employee is carrying out the employee’s duties. 29
(2) On or before December 1, 2020, and each December 1 thereafter, the 30
Center shall submit a report on the data collected under paragraph (1) of this subsection 31
for each jurisdiction, in accordance with federal and State law, to the Governor and, in 32
accordance with § 2–1257 of the State Government Article, the General Assembly. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect July 34
1, 2023. 35