EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0197* HOUSE BILL 197 F1 5lr1205 SB 917/24 – EEE (PRE–FILED) CF SB 68 By: Delegate Pasteur Requested: October 15, 2024 Introduced and read first time: January 8, 2025 Assigned to: Ways and Means A BILL ENTITLED AN ACT concerning 1 Public Schools – Restorative Practices Schools – Comprehensive Plan 2 FOR the purpose of requiring the State Department of Education to develop a 3 comprehensive plan to implement requirements for the establishment of Restorative 4 Practices Schools; requiring a county board of education to use the comprehensive 5 plan if the county board chooses to establish a Restorative Practices School; and 6 generally relating to Restorative Practices Schools. 7 BY repealing and reenacting, with amendments, 8 Article – Education 9 Section 7–306 10 Annotated Code of Maryland 11 (2022 Replacement Volume and 2024 Supplement) 12 BY adding to 13 Article – Education 14 Section 7–306.1 15 Annotated Code of Maryland 16 (2022 Replacement Volume and 2024 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 Article – Education 20 7–306. 21 2 HOUSE BILL 197 (a) (1) In this section, “restorative [approaches”] PRACTICES” means a 1 COMMUNALLY AND CULTU RALLY RESPONSIVE , relationship–focused student discipline 2 model that: 3 (i) Is preventive and proactive; 4 (ii) Emphasizes building strong relationships and setting clear 5 behavioral expectations that contribute to the well–being of the school community; 6 (iii) In response to behavior that violates the clear behavioral 7 expectations that contribute to the well–being of the school community, focuses on 8 accountability for any harm done by the problem behavior; and 9 (iv) Addresses ways to repair the relationships affected by the 10 problem behavior with the voluntary participation of an individual who was harmed. 11 (2) “Restorative [approaches”] PRACTICES” may include: 12 (i) Conflict resolution; 13 (ii) Mediation; 14 (iii) Peer mediation; 15 (iv) Circle processes; 16 (v) Restorative conferences; 17 (vi) Social emotional learning; 18 (vii) Trauma–informed care; 19 (viii) Positive behavioral intervention supports; and 20 (ix) [Rehabilitation] PERSONAL ACCOUNTABILI TY. 21 (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 22 Board, a principal, vice principal, or other employee may not administer corporal 23 punishment to discipline a student in a public school in the State. 24 (c) The State Board shall: 25 (1) Establish guidelines that define a State code of discipline for all public 26 schools with standards of conduct and consequences for violations of the standards; 27 (2) On request, provide technical assistance and training to county boards 28 regarding the use of restorative [approaches] PRACTICES, INCLUDING TECHNICAL 29 HOUSE BILL 197 3 ASSISTANCE IN BECOMI NG A RESTORATIVE PRACTICES SCHOOL IN ACCORDANCE 1 WITH § 7–306.1 OF THIS SUBTITLE ; and 2 (3) Assist each county board with the implementation of the guidelines. 3 (d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 4 county board shall adopt regulations designed to create and maintain within the schools 5 under its jurisdiction the atmosphere of order and discipline necessary for effective 6 learning. 7 (2) The regulations adopted by a county board under this subsection: 8 (i) Shall provide for educational and behavioral interventions, 9 restorative [approaches] PRACTICES, counseling, and student and parent conferencing; 10 (ii) Shall provide alternative programs, which may include in–school 11 suspension, suspension, expulsion, or other disciplinary measures that are deemed 12 appropriate; and 13 (iii) Shall state that the primary purpose of any disciplinary measure 14 is rehabilitative, restorative, and educational. 15 (e) (1) On or before October 1 each year, the Department shall submit to the 16 Governor and, in accordance with § 2–1257 of the State Government Article, the General 17 Assembly, a student discipline data report that includes a description of the uses of 18 restorative [approaches] PRACTICES in the State and a review of disciplinary practices 19 and policies in the State. 20 (2) The Department shall disaggregate the information in any student 21 discipline data report prepared by the Department by race, ethnicity, gender, disability 22 status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 23 status, English language proficiency, and type of discipline for: 24 (i) The State; 25 (ii) Each local school system; and 26 (iii) Each public school. 27 (3) Special education–related data in any report prepared under this 28 subsection shall be disaggregated by race, ethnicity, and gender. 29 (f) (1) In this subsection, “alternative school discipline practice” means a 30 discipline practice used in a public school that is not an in–school suspension or an 31 out–of–school suspension. 32 4 HOUSE BILL 197 (2) The Department shall collect data on alternative school discipline 1 practices in public schools for each local school system, including: 2 (i) The types of alternative school discipline practices that are used 3 in a local school system; and 4 (ii) The type of misconduct for which an alternative discipline 5 practice is used. 6 7–306.1. 7 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8 INDICATED. 9 (2) “RESTORATIVE PRACTICES ” HAS THE MEANING STAT ED IN § 10 7–306 OF THIS SUBTITLE. 11 (3) “RESTORATIVE PRACTICES SCHOOL” MEANS A PUBLIC SCHOO L 12 THAT INTEGRATES REST ORATIVE PRACTICES INTO DAILY PRACTICES AND 13 ACTIVITIES OF THE WH OLE SCHOOL. 14 (B) (1) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL DEVE LOP 15 A COMPREHENSIVE PLAN FOR THE ESTABLISHMEN T OF RESTORATIVE PRACTICES 16 SCHOOLS. 17 (2) IN DEVELOPING A COMPR EHENSIVE PL AN, THE DEPARTMENT 18 SHALL CONSULT WITH A ND SEEK INSIGHT FROM : 19 (I) EDUCATORS AND ADMINIS TRATORS WHO HAVE 20 EFFECTIVELY ESTABLIS HED AND OPERATED SCH OOLS THAT INTEGRATE 21 RESTORATIVE PRACTICE S INTO THE DAILY PRA CTICES AND ACTIVITIE S OF THE 22 WHOLE SCHOOL ; AND 23 (II) STATE AND NATIONAL OR GANIZATIONS THAT HAV E 24 STUDIED THE EFFECTIV E USE OF RESTORATIVE PRACTICES AND HAVE 25 ESTABLISHED THE MOST APPROPRIATE METHODS OF INTEGRATING RESTO RATIVE 26 PRACTICES IN THE SCH OOL SETTING. 27 (C) THE COMPREHENSIVE PLA N REQUIRED UNDER SUBSECTION (B) OF 28 THIS SECTION SHALL: 29 (1) PROVIDE A FRAMEWORK F OR LOCAL SCHOOL SYST EMS TO 30 IDENTIFY SCHOOL PERS ONNEL QUALIFIED TO PROVIDE INITIAL RESTORATIVE 31 PRACTICES TRAINING A S RESTORATIVE PRACTI CE COACHES TO OTHER SCHOOL 32 STAFF; 33 HOUSE BILL 197 5 (2) ESTABLISH MODEL TRAINING MATER IAL IN RESTORATIVE 1 PRACTICES FOR PERSON NEL IDENTIFIED UNDER ITEM (1) OF THIS SUBSECTION T O 2 USE IN TRAINING OTHE R SCHOOL STAFF IN A MANNER THAT RESULTS IN 3 RESTORATIVE PRACTICE S BEING INTEGRATED I NTO SCHOOLWIDE PRACT ICES AND 4 ACTIVITIES; 5 (3) ESTABLISH STANDARDS F OR WHEN A SCHOOL MAY BE 6 DESIGNATED A RESTORATIVE PRACTICES SCHOOL; AND 7 (4) DEVELOP THE INTENDED OUTCOMES AND PERFORM ANCE 8 METRICS THAT THE USE OF RESTORATIVE PRACT ICES ARE DESIGNED TO ACHIEVE, 9 INCLUDING IMPROVEMEN TS IN THE FOLLOWING AREAS : 10 (I) STUDENT CONDUCT THAT LEADS TO DISCIPLINAR Y 11 ACTIONS, INCLUDING STUDENT OF FICE REFERRALS , SUSPENSIONS, EXPULSIONS, 12 AND SCHOOL ARRESTS ; 13 (II) STUDENT ABSENTEEISM A ND TRUANCY; 14 (III) RATES OF TEACHER TURN OVER AND ABSENTEEISM ; 15 (IV) RELEVANT MENTAL HEALT H INDICATORS; AND 16 (V) SCHOOL CLIMATE INDICA TORS. 17 (D) IF A COUNTY BOARD CHO OSES TO ESTABLISH A RESTORATIVE 18 PRACTICES SCHOOL WITHIN THE LOC AL SCHOOL SYSTEM , THE COUNTY BOARD 19 SHALL USE THE COMPRE HENSIVE PLAN DEVELOP ED BY THE DEPARTMENT. 20 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 21 2026, the State Department of Education shall report to the Governor and, in accordance 22 with § 2–1257 of the State Government Article, the General Assembly on its comprehensive 23 plan for the establishment of Restorative Practices Schools required by § 7–306.1 of the 24 Education Article, as enacted by Section 1 of this Act. 25 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 1, 2025. Section 2 of this Act shall remain effective for a period of 2 years and, at the end of 27 June 30, 2027, Section 2 of this Act, with no further action required by the General 28 Assembly, shall be abrogated and of no further force and effect. 29