EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0890*
HOUSE BILL 890
F1 4lr3011
By: Delegates Kaufman, Amprey, Edelson, Pasteur, Rosenberg, Shetty, Solomon,
Terrasa, Vogel, Wells, and Wims
Introduced and read first time: February 2, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Discipline–Related Data – Collection and Publication 2
FOR the purpose of requiring the State Department of Education to disaggregate certain 3
discipline–related data in an electronic spreadsheet format for the Department’s 4
website, make the data available to the public, and report certain discipline–related 5
information each year; requiring the Department to maintain a certain risk ratio 6
used to identify a school’s disproportional disciplinary practices and report 7
disproportionality data for high–suspending schools; and generally relating to school 8
discipline–related data collection and publication. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 7–306 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
7–306. 18
(a) (1) In this section, “restorative approaches” means a relationship–focused 19
student discipline model that: 20
(i) Is preventive and proactive; 21
(ii) Emphasizes building strong relationships and setting clear 22
behavioral expectations that contribute to the well–being of the school community; 23 2 HOUSE BILL 890
(iii) In response to behavior that violates the clear behavioral 1
expectations that contribute to the well–being of the school community, focuses on 2
accountability for any harm done by the problem behavior; and 3
(iv) Addresses ways to repair the relationships affected by the 4
problem behavior with the voluntary participation of an individual who was harmed. 5
(2) “Restorative approaches” may include: 6
(i) Conflict resolution; 7
(ii) Mediation; 8
(iii) Peer mediation; 9
(iv) Circle processes; 10
(v) Restorative conferences; 11
(vi) Social emotional learning; 12
(vii) Trauma–informed care; 13
(viii) Positive behavioral intervention supports; and 14
(ix) Rehabilitation. 15
(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 16
Board, a principal, vice principal, or other employee may not administer corporal 17
punishment to discipline a student in a public school in the State. 18
(c) The State Board shall: 19
(1) Establish guidelines that define a State code of discipline for all public 20
schools with standards of conduct and consequences for violations of the standards; 21
(2) On request, provide technical assistance and training to county boards 22
regarding the use of restorative approaches; and 23
(3) Assist each county board with the implementation of the guidelines. 24
(d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 25
county board shall adopt regulations designed to create and maintain within the schools 26
under its jurisdiction the atmosphere of order and discipline necessary for effective 27
learning. 28
HOUSE BILL 890 3
(2) The regulations adopted by a county board under this subsection: 1
(i) Shall provide for educational and behavioral interventions, 2
restorative approaches, counseling, and student and parent conferencing; 3
(ii) Shall provide alternative programs, which may include in–school 4
suspension, suspension, expulsion, or other disciplinary measures that are deemed 5
appropriate; and 6
(iii) Shall state that the primary purpose of any disciplinary measure 7
is rehabilitative, restorative, and educational. 8
(e) (1) On or before October 1 each year, the Department shall submit to the 9
Governor and, in accordance with § 2–1257 of the State Government Article, the General 10
Assembly, a student discipline data report that includes a description of the uses of 11
restorative approaches in the State and a review of disciplinary practices and policies in 12
the State. 13
(2) The Department shall disaggregate the information in any student 14
discipline data report prepared by the Department by race, ethnicity, gender, disability 15
status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 16
status, English language proficiency, and type of discipline for: 17
(i) The State; 18
(ii) Each local school system; and 19
(iii) Each public school. 20
(3) Special education–related data in any report prepared under this 21
subsection shall be disaggregated by race, ethnicity, and gender. 22
(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSI BLE AND 23
DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 24
DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 25
LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 26
(2) FOR ALL DAT A MADE PUBLIC UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 28
DATA, DISAGGREGATED BY GRA DE LEVEL, RACE, ETHNICITY, DISABILITY STATUS , 29
INCLUDING A STUDENT ’S 504 PLAN OR INDIVIDUALIZ ED EDUCATION PROGRAM , 30
SOCIOECONOMIC STATUS , AND GENDER , RELATED TO ANY DISPR OPORTIONAL 31
DISCIPLINARY PRACTIC ES OF: 32
(I) A LOCAL SCHOOL SYSTEM ; OR 33
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(II) A PUBLIC SCHOOL . 1
(3) ON OR BEFORE AUGUST 1, 2025, AND EACH AUGUST 1 2
THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHERED UNDER 3
THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 4
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 5
(G) (1) IN THIS SUBSECTION , “HIGH–SUSPENDING” INCLUDES THE 6
FOLLOWING SCHOOLS TH AT SUSPEND STUDENTS IN EACH SUBGROUP 7
DISAGGREGATED BY RACE , ETHNICITY, DISABILITY STATUS , AND ENGLISH 8
LANGUAGE PROFICIENCY : 9
(I) AN ELEMENTARY SCHOOL THAT SUSPENDS 10% OR MORE 10
OF ITS STUDENTS IN E ACH SUBGROUP ; AND 11
(II) A SECONDARY SCHOOL THA T SUSPENDS 25% OR MORE OF 12
ITS STUDENTS IN EACH SUBGROUP. 13
(2) THE DEPARTMENT SHALL MAIN TAIN A RISK RATIO AN D STATE 14
COMPARISON THRESHOLD OF 2.0 TO BE USED FOR IDENT IFYING ACTION UNDER THE 15
FEDERAL REGULATIONS IMPLEMENTING THE FED ERAL INDIVIDUALS WITH 16
DISABILITIES EDUCATION ACT FOR SCHOOLS WITH HIGH DISPROPORTIONALITY . 17
(3) THE DEPARTMENT SHALL : 18
(I) REPORT THE DISPROPORT IONALITY DATA FOR AN Y 19
SCHOOL IDENTIFIED AS HIGH–SUSPENDING; AND 20
(II) INCLUDE ALTERNATIVE S CHOOLS AND PROGRAMS AND 21
PUBLIC SEPARATE DAY SCHOOLS IN ANY CALCU LATION OF DISPROPORT IONALITY 22
DATA UNDER THIS PARA GRAPH. 23
[(f)] (H) (1) In this subsection, “alternative school discipline practice” means 24
a discipline practice used in a public school that is not an in–school suspension or an 25
out–of–school suspension. 26
(2) The Department shall collect data on alternative school discipline 27
practices in public schools for each local school system, including: 28
(i) The types of alternative school discipline practices that are used 29
in a local school system; and 30
(ii) The type of misconduct for which an alternative discipline 31
practice is used. 32
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2