Maryland 2024 Regular Session

Maryland House Bill HB890 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 EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0890
6	6
7	7	HOUSE BILL 890
8	8	F1 4lr3011
9	9
10	10	By: Delegates Kaufman, Amprey, Edelson, Pasteur, Rosenberg, Shetty, Solomon,
11	11	Terrasa, Vogel, Wells, and Wims
12	12	Introduced and read first time: February 2, 2024
13	13	Assigned to: Ways and Means
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Public Schools – Discipline–Related Data – Collection and Publication 2
20	20
21	21	FOR the purpose of requiring the State Department of Education to disaggregate certain 3
22	22	discipline–related data in an electronic spreadsheet format for the Department’s 4
23	23	website, make the data available to the public, and report certain discipline–related 5
24	24	information each year; requiring the Department to maintain a certain risk ratio 6
25	25	used to identify a school’s disproportional disciplinary practices and report 7
26	26	disproportionality data for high–suspending schools; and generally relating to school 8
27	27	discipline–related data collection and publication. 9
28	28
29	29	BY repealing and reenacting, with amendments, 10
30	30	Article – Education 11
31	31	Section 7–306 12
32	32	Annotated Code of Maryland 13
33	33	(2022 Replacement Volume and 2023 Supplement) 14
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
36	36	That the Laws of Maryland read as follows: 16
37	37
38	38	Article – Education 17
39	39
40	40	7–306. 18
41	41
42	42	(a) (1) In this section, “restorative approaches” means a relationship–focused 19
43	43	student discipline model that: 20
44	44
45	45	(i) Is preventive and proactive; 21
46	46
47	47	(ii) Emphasizes building strong relationships and setting clear 22
48	48	behavioral expectations that contribute to the well–being of the school community; 23 2 HOUSE BILL 890
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50	50
51	51
52	52	(iii) In response to behavior that violates the clear behavioral 1
53	53	expectations that contribute to the well–being of the school community, focuses on 2
54	54	accountability for any harm done by the problem behavior; and 3
55	55
56	56	(iv) Addresses ways to repair the relationships affected by the 4
57	57	problem behavior with the voluntary participation of an individual who was harmed. 5
58	58
59	59	(2) “Restorative approaches” may include: 6
60	60
61	61	(i) Conflict resolution; 7
62	62
63	63	(ii) Mediation; 8
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65	65	(iii) Peer mediation; 9
66	66
67	67	(iv) Circle processes; 10
68	68
69	69	(v) Restorative conferences; 11
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71	71	(vi) Social emotional learning; 12
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73	73	(vii) Trauma–informed care; 13
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75	75	(viii) Positive behavioral intervention supports; and 14
76	76
77	77	(ix) Rehabilitation. 15
78	78
79	79	(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 16
80	80	Board, a principal, vice principal, or other employee may not administer corporal 17
81	81	punishment to discipline a student in a public school in the State. 18
82	82
83	83	(c) The State Board shall: 19
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85	85	(1) Establish guidelines that define a State code of discipline for all public 20
86	86	schools with standards of conduct and consequences for violations of the standards; 21
87	87
88	88	(2) On request, provide technical assistance and training to county boards 22
89	89	regarding the use of restorative approaches; and 23
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91	91	(3) Assist each county board with the implementation of the guidelines. 24
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93	93	(d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 25
94	94	county board shall adopt regulations designed to create and maintain within the schools 26
95	95	under its jurisdiction the atmosphere of order and discipline necessary for effective 27
96	96	learning. 28
97	97	HOUSE BILL 890 3
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100	100	(2) The regulations adopted by a county board under this subsection: 1
101	101
102	102	(i) Shall provide for educational and behavioral interventions, 2
103	103	restorative approaches, counseling, and student and parent conferencing; 3
104	104
105	105	(ii) Shall provide alternative programs, which may include in–school 4
106	106	suspension, suspension, expulsion, or other disciplinary measures that are deemed 5
107	107	appropriate; and 6
108	108
109	109	(iii) Shall state that the primary purpose of any disciplinary measure 7
110	110	is rehabilitative, restorative, and educational. 8
111	111
112	112	(e) (1) On or before October 1 each year, the Department shall submit to the 9
113	113	Governor and, in accordance with § 2–1257 of the State Government Article, the General 10
114	114	Assembly, a student discipline data report that includes a description of the uses of 11
115	115	restorative approaches in the State and a review of disciplinary practices and policies in 12
116	116	the State. 13
117	117
118	118	(2) The Department shall disaggregate the information in any student 14
119	119	discipline data report prepared by the Department by race, ethnicity, gender, disability 15
120	120	status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 16
121	121	status, English language proficiency, and type of discipline for: 17
122	122
123	123	(i) The State; 18
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125	125	(ii) Each local school system; and 19
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127	127	(iii) Each public school. 20
128	128
129	129	(3) Special education–related data in any report prepared under this 21
130	130	subsection shall be disaggregated by race, ethnicity, and gender. 22
131	131
132	132	(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 23
133	133	DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 24
134	134	DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 25
135	135	LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 26
136	136
137	137	(2) FOR ALL DAT A MADE PUBLIC UNDER PARAGRAPH (1) OF THIS 27
138	138	SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 28
139	139	DATA, DISAGGREGATED BY GRA DE LEVEL, RACE, ETHNICITY, DISABILITY STATUS , 29
140	140	INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION PROGRAM , 30
141	141	SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY DISPR OPORTIONAL 31
142	142	DISCIPLINARY PRACTIC ES OF: 32
143	143
144	144	(I) A LOCAL SCHOOL SYSTEM ; OR 33
145	145	4 HOUSE BILL 890
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148	148	(II) A PUBLIC SCHOOL . 1
149	149
150	150	(3) ON OR BEFORE AUGUST 1, 2025, AND EACH AUGUST 1 2
151	151	THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHERED UNDER 3
152	152	THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 4
153	153	STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 5
154	154
155	155	(G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 6
156	156	FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 7
157	157	DISAGGREGATED BY RACE , ETHNICITY, DISABILITY STATUS , AND ENGLISH 8
158	158	LANGUAGE PROFICIENCY : 9
159	159
160	160	(I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 10
161	161	OF ITS STUDENTS IN E ACH SUBGROUP ; AND 11
162	162
163	163	(II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 12
164	164	ITS STUDENTS IN EACH SUBGROUP. 13
165	165
166	166	(2) THE DEPARTMENT SHALL MAIN TAIN A RISK RATIO AN D STATE 14
167	167	COMPARISON THRESHOLD OF 2.0 TO BE USED FOR IDENT IFYING ACTION UNDER THE 15
168	168	FEDERAL REGULATIONS IMPLEMENTING THE FED ERAL INDIVIDUALS WITH 16
169	169	DISABILITIES EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONALITY . 17
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171	171	(3) THE DEPARTMENT SHALL : 18
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173	173	(I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 19
174	174	SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 20
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176	176	(II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 21
177	177	PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 22
178	178	DATA UNDER THIS PARA GRAPH. 23
179	179
180	180	[(f)] (H) (1) In this subsection, “alternative school discipline practice” means 24
181	181	a discipline practice used in a public school that is not an in–school suspension or an 25
182	182	out–of–school suspension. 26
183	183
184	184	(2) The Department shall collect data on alternative school discipline 27
185	185	practices in public schools for each local school system, including: 28
186	186
187	187	(i) The types of alternative school discipline practices that are used 29
188	188	in a local school system; and 30
189	189
190	190	(ii) The type of misconduct for which an alternative discipline 31
191	191	practice is used. 32
192	192	HOUSE BILL 890 5
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195	195	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
196	196	1, 2024. 2
197	197