Maryland 2025 Regular Session

Maryland House Bill HB1385 Latest Draft

Bill / Introduced Version Filed 02/09/2025

                             
 
EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . 
        [Brackets] indicate matter deleted from existing law. 
          *hb1385*  
  
HOUSE BILL 1385 
F1   	5lr3013 
    	CF SB 948 
By: Delegates Miller, Baker, Hinebaugh, Hornberger, McComas, T. Morgan, 
Pippy, Reilly, Rose, Stonko, Tomlinson, Valentine, and Wivell 
Introduced and read first time: February 7, 2025 
Assigned to: Ways and Means 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Children – Parental Rights – Educational Rights 2 
 
FOR the purpose of requiring each county board of education, in consultation with certain 3 
individuals, to develop and implement a certain policy to promote parental 4 
involvement in students’ education; establishing a complaint and appeals process for 5 
violations of a certain policy; and generally relating to the policy promoting the 6 
involvement of parents in children’s education. 7 
 
BY adding to 8 
 Article – Education 9 
Section 7–136 10 
 Annotated Code of Maryland 11 
 (2022 Replacement Volume and 2024 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – Education 15 
 
7–136. 16 
 
 (A) (1) EACH COUNTY BOARD , IN CONSULTATION WITH PARENTS, 17 
TEACHERS, AND SCHOOL PERSONNEL , SHALL DEVELOP AND IM PLEMENT A POLICY 18 
TO PROMOTE THE INVOL VEMENT OF THE PARENT S IN THE EDUCATION O F STUDENTS 19 
IN THE COUNTY. 20 
 
 (2) THE POLICY DEVELOPED UNDER THIS SUBSECTIO N SHALL 21 
INCLUDE A PLAN FOR :  22 
  2 	HOUSE BILL 1385  
 
 
 (I) INCREASING PARENT PAR TICIPATION IN SCHOOL S; AND  1 
 
 (II) IMPROVING PARENT AND TEACHER COOPERATION IN 2 
AREAS RELATING TO HO MEWORK, ATTENDANCE , AND DISCIPLINE. 3 
 
 (3) THE POLICY DEVELOPED UNDER THIS SUBSECTIO N SHALL 4 
INCLUDE PROCEDURES F OR:  5 
 
 (I) PARENTS TO REVIEW AND EXAMINE ALL CURRICUL A AND 6 
INSTRUCTIONAL MATERI ALS BEING TAUGHT TO A STUDENT, INCLUDING PROVIDING 7 
A MEANS TO READ AND REVIEW OR CO PY AND RECORD, AT COST, ALL CURRICULA , 8 
INSTRUCTIONAL MATERI ALS, AND ANY TEACHER TRAI NING MATERIALS USED BY 9 
THE STUDENT ’S TEACHER BY ANY OF THE FOLLOWING METHOD S:  10 
 
 1. PUBLICATION ON A PUBL ICLY AVAILABLE WEBSI TE; 11 
OR 12 
 
 2. A WRITTEN COPY PROVIDE D TO PARENTS ON 13 
REQUEST; 14 
 
 (II) PARENTS TO BE INFORME D ON THE NATURE AND PURPOSE 15 
OF ALL SCHOOL CLUBS AND EXTRACURRICULAR ACTIVITIES;  16 
 
 (III) PARENTS TO OBJECT AND WITHDRAW THE PARENTS ’ 17 
STUDENT FROM ANY :  18 
 
 1. SCHOOL CLUB OR EXTRAC URRICULAR ACTIVITY ;  19 
 
 2. UNIT OF INSTRUCTION I N THE CLASSROOM ; OR 20 
 
 3. PRESENTATION OR SCHOO L ASSEMBLY; AND 21 
 
 (IV) OBTAINING PARENTAL CO NSENT BEFORE A STUDE NT USES 22 
GENDER PRONOUNS THAT DO NOT MATCH WITH TH E STUDENT’S BIOLOGICAL SEX .  23 
 
 (4) THE POLICY DEVELOPED UNDER TH IS SUBSECTION SHALL 24 
INCLUDE:  25 
 
 (I) NOTICE FROM A SCHOOL AT LEAST 5 DAYS IN ADVANCE OF , 26 
AND THE PROCESS FOR OBTAINING PARENTAL C ONSENT FOR , PLANNED 27 
INSTRUCTION ON OR AT TENDANCE AT A PRESEN TATION ABOUT STUDYIN G ANY 28 
TOPIC COVERED IN FAM ILY LIFE AND HUMAN S EXUALITY; 29 
   	HOUSE BILL 1385 	3 
 
 
 (II) A PROCESS FOR A PARENT TO WITHDRAW THE PARE NT’S 1 
STUDENT FROM SPECIFI C INSTRUCTION OR A P RESENTATION IN SCHOO L THAT THE 2 
PARENT BELIEVES MIGH T BE HARMFUL TO THE STUDENT; 3 
 
 (III) PARENTAL ACCESS TO AL L WRITTEN AND ELECTR ONIC 4 
RECORDS CONCE RNING A STUDENT THAT ARE CONTROLLED OR IN POSSESSION OF 5 
THE SCHOOL, THE COUNTY BOARD , OR AN OUTSIDE ORGANI ZATION CONTRACTED TO 6 
PROVIDE SERVICES TO STUDENTS AT THE SCHO OL; AND 7 
 
 (IV) A PROHIBITION ON TEACH ERS AND OTHER SCHOOL 8 
PERSONNEL WITHHOLDIN G OR CONC EALING INFORMATION F ROM PARENTS , 9 
INCLUDING INFORMATIO N RELATING TO A STUD ENT’S: 10 
 
 1. CURRICULAR OR EXTRACU RRICULAR PROJECTS , 11 
ASSIGNMENTS , OR ACTIVITIES; OR 12 
 
 2. PHYSICAL, EMOTIONAL, OR MENTAL HEALTH . 13 
 
 (B) A PARENT MAY FILE A WR ITTEN COMPLAINT FOR A VIOLATION OF THE 14 
POLICY UNDER SUBSECT ION (A) OF THIS SECTION. 15 
 
 (C) ON RECEIPT OF A COMPL AINT UNDER SUBSECTIO N (B) OF THIS 16 
SECTION, A COUNTY SUPERINTEND ENT SHALL:  17 
 
 (1) INVESTIGATE THE COMPL AINT; AND 18 
 
 (2) WITHIN 14 DAYS AFTER RECEIVING THE COMPLAINT , PROVIDE A 19 
WRITTEN RESPONSE TO THE COMPLAINANT DESC RIBING THE ACTIONS B EING 20 
TAKEN BY THE LOCAL S CHOOL SYSTEM OR THE REMEDY BEING PROPOSE D. 21 
 
 (D) (1) (I) A PARENT MAY APPEAL TH E DECISION OF THE CO UNTY 22 
SUPERINTENDENT UNDER SUBSECTION (C) OF THIS SECTION TO T HE COUNTY 23 
BOARD WITHIN 30 DAYS AFTER RECEIVING THE COUNTY SUPERINTE NDENT’S 24 
RESPONSE. 25 
 
 (II) AN APPEAL UNDER SUBPA	RAGRAPH (I) OF THIS 26 
PARAGRAPH SHALL CONT AIN: 27 
 
 1. DETAILS OF THE ALLEGE D VIOLATION FROM THE 28 
COMPLAINT FILED WITH THE COUNTY SUPERINTE NDENT; 29 
 
 2. A COPY OF THE COUNTY S	UPERINTENDENT ’S 30 
RESPONSE; AND 31  4 	HOUSE BILL 1385  
 
 
 
 3. THE REASONS WHY THE P ARENT FINDS THE COUN TY 1 
SUPERINTENDENT ’S RESPONSE INSUFFICI ENT. 2 
 
 (2) A COUNTY BOARD SHALL A PPOINT A COMMITTEE T O ADDRESS 3 
APPEALS UNDER THIS S UBSECTION. 4 
 
 (3) WITHIN 30 DAYS AFTER RECEIPT O F AN APPEAL UNDER 5 
PARAGRAPH (1) OF THIS SUBSECTION , THE COMMITTEE SHALL PUBLISH A WRITTEN 6 
REPORT CONTAINING AN Y FINDINGS OF FACT A ND RECOMMENDED ACTIO NS FOR 7 
THE COUNTY BOARD . 8 
 
 (4) (I) FOR EACH APPEAL , THE COUNTY BOARD SHA LL VOTE TO 9 
ACCEPT OR REJECT THE RECOMMENDATIONS OF T HE COMMITTEE . 10 
 
 (II) THE DECISION OF THE C OUNTY BOARD REGARDIN G AN 11 
APPEAL IS FINAL. 12 
 
 (E) (1) A PARENT MAY BRING AN ACTION IN A COURT OF APPROPRIATE 13 
JURISDICTION AGAINST A COUNTY BOARD FOR A NY CONTINUING VIOLATIONS OF 14 
THE POLICY UNDER SUB SECTION (A) OF THIS SECTION. 15 
 
 (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, A COURT MAY 16 
GRANT APPROPRIATE RE LIEF. 17 
 
 (3) AN ACTION UNDER THIS SUBSECTION MAY BE BR OUGHT ONLY 18 
AFTER THE PARENT HAS EXHAUSTED ALL ADMINI STRATIVE REMEDIES AVAILA BLE 19 
UNDER SUBSECTIONS (B), (C), AND (D) OF THIS SECTION. 20 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 
1, 2025. 22