Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb0197* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 197 | |
11 | 8 | F1 5lr1205 | |
12 | 9 | SB 917/24 – EEE (PRE–FILED) CF SB 68 | |
13 | - | By: Delegate Pasteur Delegates Pasteur, Atterbeary, Ebersole, Fair, Feldmark, | |
14 | - | Mireku–North, Palakovich Carr, Roberts, Wells, Wu, and Young | |
10 | + | By: Delegate Pasteur | |
15 | 11 | Requested: October 15, 2024 | |
16 | 12 | Introduced and read first time: January 8, 2025 | |
17 | 13 | Assigned to: Ways and Means | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | House action: Adopted | |
20 | - | Read second time: February 23, 2025 | |
21 | 14 | ||
22 | - | ||
15 | + | A BILL ENTITLED | |
23 | 16 | ||
24 | 17 | AN ACT concerning 1 | |
25 | 18 | ||
26 | 19 | Public Schools – Restorative Practices Schools – Comprehensive Plan 2 | |
27 | 20 | ||
28 | 21 | FOR the purpose of requiring the State Department of Education to develop a 3 | |
29 | 22 | comprehensive plan to implement requirements for the establishment of Restorative 4 | |
30 | 23 | Practices Schools; requiring a county board of education to use the comprehensive 5 | |
31 | 24 | plan if the county board chooses to establish a Restorative Practices School; and 6 | |
32 | 25 | generally relating to Restorative Practices Schools. 7 | |
33 | 26 | ||
34 | 27 | BY repealing and reenacting, with amendments, 8 | |
35 | 28 | Article – Education 9 | |
36 | 29 | Section 7–306 10 | |
37 | 30 | Annotated Code of Maryland 11 | |
38 | 31 | (2022 Replacement Volume and 2024 Supplement) 12 | |
39 | 32 | ||
40 | 33 | BY adding to 13 | |
41 | 34 | Article – Education 14 | |
42 | 35 | Section 7–306.1 15 | |
43 | 36 | Annotated Code of Maryland 16 | |
44 | 37 | (2022 Replacement Volume and 2024 Supplement) 17 | |
45 | 38 | ||
46 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
47 | 40 | That the Laws of Maryland read as follows: 19 | |
41 | + | ||
42 | + | Article – Education 20 | |
43 | + | ||
44 | + | 7–306. 21 | |
48 | 45 | 2 HOUSE BILL 197 | |
49 | 46 | ||
50 | 47 | ||
51 | - | Article – Education 1 | |
48 | + | (a) (1) In this section, “restorative [approaches”] PRACTICES” means a 1 | |
49 | + | COMMUNALLY AND CULTU RALLY RESPONSIVE , relationship–focused student discipline 2 | |
50 | + | model that: 3 | |
52 | 51 | ||
53 | - | ||
52 | + | (i) Is preventive and proactive; 4 | |
54 | 53 | ||
55 | - | (a) (1) In this section, “restorative [approaches”] PRACTICES” means a 3 | |
56 | - | COMMUNALLY AND CULTU RALLY RESPONSIV E, relationship–focused student discipline 4 | |
57 | - | model that: 5 | |
54 | + | (ii) Emphasizes building strong relationships and setting clear 5 | |
55 | + | behavioral expectations that contribute to the well–being of the school community; 6 | |
58 | 56 | ||
59 | - | (i) Is preventive and proactive; 6 | |
57 | + | (iii) In response to behavior that violates the clear behavioral 7 | |
58 | + | expectations that contribute to the well–being of the school community, focuses on 8 | |
59 | + | accountability for any harm done by the problem behavior; and 9 | |
60 | 60 | ||
61 | - | ( | |
62 | - | ||
61 | + | (iv) Addresses ways to repair the relationships affected by the 10 | |
62 | + | problem behavior with the voluntary participation of an individual who was harmed. 11 | |
63 | 63 | ||
64 | - | (iii) In response to behavior that violates the clear behavioral 9 | |
65 | - | expectations that contribute to the well–being of the school community, focuses on 10 | |
66 | - | accountability for any harm done by the problem behavior; and 11 | |
64 | + | (2) “Restorative [approaches”] PRACTICES” may include: 12 | |
67 | 65 | ||
68 | - | (iv) Addresses ways to repair the relationships affected by the 12 | |
69 | - | problem behavior with the voluntary participation of an individual who was harmed. 13 | |
66 | + | (i) Conflict resolution; 13 | |
70 | 67 | ||
71 | - | ( | |
68 | + | (ii) Mediation; 14 | |
72 | 69 | ||
73 | - | ( | |
70 | + | (iii) Peer mediation; 15 | |
74 | 71 | ||
75 | - | ( | |
72 | + | (iv) Circle processes; 16 | |
76 | 73 | ||
77 | - | ( | |
74 | + | (v) Restorative conferences; 17 | |
78 | 75 | ||
79 | - | ( | |
76 | + | (vi) Social emotional learning; 18 | |
80 | 77 | ||
81 | - | ( | |
78 | + | (vii) Trauma–informed care; 19 | |
82 | 79 | ||
83 | - | ( | |
80 | + | (viii) Positive behavioral intervention supports; and 20 | |
84 | 81 | ||
85 | - | ( | |
82 | + | (ix) [Rehabilitation] PERSONAL ACCOUNTABILI TY. 21 | |
86 | 83 | ||
87 | - | (viii) Positive behavioral intervention supports; and 22 | |
84 | + | (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 22 | |
85 | + | Board, a principal, vice principal, or other employee may not administer corporal 23 | |
86 | + | punishment to discipline a student in a public school in the State. 24 | |
88 | 87 | ||
89 | - | ( | |
88 | + | (c) The State Board shall: 25 | |
90 | 89 | ||
91 | - | (b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 24 | |
92 | - | Board, a principal, vice principal, or other employee may not administer corporal 25 | |
93 | - | punishment to discipline a student in a public school in the State. 26 | |
90 | + | (1) Establish guidelines that define a State code of discipline for all public 26 | |
91 | + | schools with standards of conduct and consequences for violations of the standards; 27 | |
94 | 92 | ||
95 | - | ( | |
96 | - | HOUSE BILL 197 3 | |
93 | + | (2) On request, provide technical assistance and training to county boards 28 | |
94 | + | regarding the use of restorative [approaches] PRACTICES, INCLUDING TECHNICAL 29 HOUSE BILL 197 3 | |
97 | 95 | ||
98 | 96 | ||
99 | - | ||
100 | - | ||
97 | + | ASSISTANCE IN BECOMI NG A RESTORATIVE PRACTICES SCHOOL IN ACCORDANCE 1 | |
98 | + | WITH § 7–306.1 OF THIS SUBTITLE ; and 2 | |
101 | 99 | ||
102 | - | (2) On request, provide technical assistance and training to county boards 3 | |
103 | - | regarding the use of restorative [approaches] PRACTICES, INCLUDING TECHNICAL 4 | |
104 | - | ASSISTANCE IN BECOMI NG A RESTORATIVE PRACTICES SCHOOL IN ACCORDANCE 5 | |
105 | - | WITH § 7–306.1 OF THIS SUBTITLE ; and 6 | |
100 | + | (3) Assist each county board with the implementation of the guidelines. 3 | |
106 | 101 | ||
107 | - | (3) Assist each county board with the implementation of the guidelines. 7 | |
102 | + | (d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 4 | |
103 | + | county board shall adopt regulations designed to create and maintain within the schools 5 | |
104 | + | under its jurisdiction the atmosphere of order and discipline necessary for effective 6 | |
105 | + | learning. 7 | |
108 | 106 | ||
109 | - | (d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 8 | |
110 | - | county board shall adopt regulations designed to create and maintain within the schools 9 | |
111 | - | under its jurisdiction the atmosphere of order and discipline necessary for effective 10 | |
112 | - | learning. 11 | |
107 | + | (2) The regulations adopted by a county board under this subsection: 8 | |
113 | 108 | ||
114 | - | (2) The regulations adopted by a county board under this subsection: 12 | |
109 | + | (i) Shall provide for educational and behavioral interventions, 9 | |
110 | + | restorative [approaches] PRACTICES, counseling, and student and parent conferencing; 10 | |
115 | 111 | ||
116 | - | (i) Shall provide for educational and behavioral interventions, 13 | |
117 | - | restorative [approaches] PRACTICES, counseling, and student and parent conferencing; 14 | |
112 | + | (ii) Shall provide alternative programs, which may include in–school 11 | |
113 | + | suspension, suspension, expulsion, or other disciplinary measures that are deemed 12 | |
114 | + | appropriate; and 13 | |
118 | 115 | ||
119 | - | (ii) Shall provide alternative programs, which may include in–school 15 | |
120 | - | suspension, suspension, expulsion, or other disciplinary measures that are deemed 16 | |
121 | - | appropriate; and 17 | |
116 | + | (iii) Shall state that the primary purpose of any disciplinary measure 14 | |
117 | + | is rehabilitative, restorative, and educational. 15 | |
122 | 118 | ||
123 | - | (iii) Shall state that the primary purpose of any disciplinary measure 18 | |
124 | - | is rehabilitative, restorative, and educational. 19 | |
119 | + | (e) (1) On or before October 1 each year, the Department shall submit to the 16 | |
120 | + | Governor and, in accordance with § 2–1257 of the State Government Article, the General 17 | |
121 | + | Assembly, a student discipline data report that includes a description of the uses of 18 | |
122 | + | restorative [approaches] PRACTICES in the State and a review of disciplinary practices 19 | |
123 | + | and policies in the State. 20 | |
125 | 124 | ||
126 | - | (e) (1) On or before October 1 each year, the Department shall submit to the 20 | |
127 | - | Governor and, in accordance with § 2–1257 of the State Government Article, the General 21 | |
128 | - | Assembly, a student discipline data report that includes a description of the uses of 22 | |
129 | - | restorative [approaches] PRACTICES in the State and a review of disciplinary practices 23 | |
130 | - | and policies in the State. 24 | |
125 | + | (2) The Department shall disaggregate the information in any student 21 | |
126 | + | discipline data report prepared by the Department by race, ethnicity, gender, disability 22 | |
127 | + | status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 23 | |
128 | + | status, English language proficiency, and type of discipline for: 24 | |
131 | 129 | ||
132 | - | (2) The Department shall disaggregate the information in any student 25 | |
133 | - | discipline data report prepared by the Department by race, ethnicity, gender, disability 26 | |
134 | - | status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 27 | |
135 | - | status, English language proficiency, and type of discipline for: 28 | |
130 | + | (i) The State; 25 | |
136 | 131 | ||
137 | - | ( | |
132 | + | (ii) Each local school system; and 26 | |
138 | 133 | ||
139 | - | ( | |
134 | + | (iii) Each public school. 27 | |
140 | 135 | ||
141 | - | (iii) Each public school. 31 | |
136 | + | (3) Special education–related data in any report prepared under this 28 | |
137 | + | subsection shall be disaggregated by race, ethnicity, and gender. 29 | |
142 | 138 | ||
143 | - | (3) Special education–related data in any report prepared under this 32 | |
144 | - | subsection shall be disaggregated by race, ethnicity, and gender. 33 | |
139 | + | (f) (1) In this subsection, “alternative school discipline practice” means a 30 | |
140 | + | discipline practice used in a public school that is not an in–school suspension or an 31 | |
141 | + | out–of–school suspension. 32 | |
145 | 142 | 4 HOUSE BILL 197 | |
146 | 143 | ||
147 | 144 | ||
148 | - | (f) (1) In this subsection, “alternative school discipline practice” means a 1 | |
149 | - | discipline practice used in a public school that is not an in–school suspension or an 2 | |
150 | - | out–of–school suspension. 3 | |
145 | + | (2) The Department shall collect data on alternative school discipline 1 | |
146 | + | practices in public schools for each local school system, including: 2 | |
151 | 147 | ||
152 | - | ( | |
153 | - | ||
148 | + | (i) The types of alternative school discipline practices that are used 3 | |
149 | + | in a local school system; and 4 | |
154 | 150 | ||
155 | - | ( | |
156 | - | ||
151 | + | (ii) The type of misconduct for which an alternative discipline 5 | |
152 | + | practice is used. 6 | |
157 | 153 | ||
158 | - | (ii) The type of misconduct for which an alternative discipline 8 | |
159 | - | practice is used. 9 | |
154 | + | 7–306.1. 7 | |
160 | 155 | ||
161 | - | 7–306.1. 10 | |
156 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8 | |
157 | + | INDICATED. 9 | |
162 | 158 | ||
163 | - | ( | |
164 | - | ||
159 | + | (2) “RESTORATIVE PRACTICES ” HAS THE MEANING STAT ED IN § 10 | |
160 | + | 7–306 OF THIS SUBTITLE. 11 | |
165 | 161 | ||
166 | - | (2) “RESTORATIVE PRACTICES ” HAS THE MEANING STAT ED IN § 13 | |
167 | - | 7–306 OF THIS SUBTITLE. 14 | |
162 | + | (3) “RESTORATIVE PRACTICES SCHOOL” MEANS A PUBLIC SCHOO L 12 | |
163 | + | THAT INTEGRATES REST ORATIVE PRACTICES INTO DAILY PRACTICES AND 13 | |
164 | + | ACTIVITIES OF THE WH OLE SCHOOL. 14 | |
168 | 165 | ||
169 | - | ( | |
170 | - | ||
171 | - | ||
166 | + | (B) (1) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL DEVE LOP 15 | |
167 | + | A COMPREHENSIVE PLAN FOR THE ESTABLISHMEN T OF RESTORATIVE PRACTICES 16 | |
168 | + | SCHOOLS. 17 | |
172 | 169 | ||
173 | - | (B) (1) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL DEVE LOP 18 | |
174 | - | A COMPREHENSIVE PLAN FOR THE ESTABLISHMEN T OF RESTORATIVE PRACTICES 19 | |
175 | - | SCHOOLS. 20 | |
170 | + | (2) IN DEVELOPING A COMPR EHENSIVE PL AN, THE DEPARTMENT 18 | |
171 | + | SHALL CONSULT WITH A ND SEEK INSIGHT FROM : 19 | |
176 | 172 | ||
177 | - | (2) IN DEVELOPING A COMPR EHENSIVE PLAN , THE DEPARTMENT 21 | |
178 | - | SHALL CONSULT WITH A ND SEEK INSIGHT FROM : 22 | |
173 | + | (I) EDUCATORS AND ADMINIS TRATORS WHO HAVE 20 | |
174 | + | EFFECTIVELY ESTABLIS HED AND OPERATED SCH OOLS THAT INTEGRATE 21 | |
175 | + | RESTORATIVE PRACTICE S INTO THE DAILY PRA CTICES AND ACTIVITIE S OF THE 22 | |
176 | + | WHOLE SCHOOL ; AND 23 | |
179 | 177 | ||
180 | - | ( | |
181 | - | ||
182 | - | ||
183 | - | ||
178 | + | (II) STATE AND NATIONAL OR GANIZATIONS THAT HAV E 24 | |
179 | + | STUDIED THE EFFECTIV E USE OF RESTORATIVE PRACTICES AND HAVE 25 | |
180 | + | ESTABLISHED THE MOST APPROPRIATE METHODS OF INTEGRATING RESTO RATIVE 26 | |
181 | + | PRACTICES IN THE SCH OOL SETTING. 27 | |
184 | 182 | ||
185 | - | (II) STATE AND NATIONAL OR GANIZATIONS THAT HAV E 27 | |
186 | - | STUDIED THE EFFECTIV E USE OF RESTORATIVE PRACTICES AND HAVE 28 | |
187 | - | ESTABLISHED THE MOST APPROPRIATE METHODS OF INTEGRATING RESTO RATIVE 29 | |
188 | - | PRACTICES IN THE SCH OOL SETTING. 30 | |
183 | + | (C) THE COMPREHENSIVE PLA N REQUIRED UNDER SUBSECTION (B) OF 28 | |
184 | + | THIS SECTION SHALL: 29 | |
189 | 185 | ||
190 | - | (C) THE COMPREHENSIVE PLA N REQUIRED UNDER SUB SECTION (B) OF 31 | |
191 | - | THIS SECTION SHALL: 32 | |
192 | - | HOUSE BILL 197 5 | |
186 | + | (1) PROVIDE A FRAMEWORK F OR LOCAL SCHOOL SYST EMS TO 30 | |
187 | + | IDENTIFY SCHOOL PERS ONNEL QUALIFIED TO PROVIDE INITIAL RESTORATIVE 31 | |
188 | + | PRACTICES TRAINING A S RESTORATIVE PRACTI CE COACHES TO OTHER SCHOOL 32 | |
189 | + | STAFF; 33 HOUSE BILL 197 5 | |
193 | 190 | ||
194 | 191 | ||
195 | - | (1) PROVIDE A FRAMEWORK F OR LOCAL SCHOOL SYST EMS TO 1 | |
196 | - | IDENTIFY SCHOOL PERSONN EL QUALIFIED TO PROVIDE INITIAL RESTORATIVE 2 | |
197 | - | PRACTICES TRAINING A S RESTORATIVE PRACTI CE COACHES TO OTHER SCHOOL 3 | |
198 | - | STAFF; 4 | |
199 | 192 | ||
200 | - | (2) ESTABLISH MODEL | |
201 | - | PRACTICES FOR PERSON NEL IDENTIFIED UNDER ITEM (1) OF THIS SUBSECTION | |
202 | - | USE IN TRAINING OTHE R SCHOOL STAFF IN A MANNER THAT RESULTS IN | |
203 | - | RESTORATIVE PRACTICE S BEING INTEGRATED I NTO SCHOOLWIDE PRACT ICES AND | |
204 | - | ACTIVITIES; | |
193 | + | (2) ESTABLISH MODEL TRAINING MATER IAL IN RESTORATIVE 1 | |
194 | + | PRACTICES FOR PERSON NEL IDENTIFIED UNDER ITEM (1) OF THIS SUBSECTION T O 2 | |
195 | + | USE IN TRAINING OTHE R SCHOOL STAFF IN A MANNER THAT RESULTS IN 3 | |
196 | + | RESTORATIVE PRACTICE S BEING INTEGRATED I NTO SCHOOLWIDE PRACT ICES AND 4 | |
197 | + | ACTIVITIES; 5 | |
205 | 198 | ||
206 | - | (3) ESTABLISH STANDARDS F OR WHEN A SCHOOL MAY BE | |
207 | - | DESIGNATED A RESTORATIVE PRACTICES SCHOOL; AND | |
199 | + | (3) ESTABLISH STANDARDS F OR WHEN A SCHOOL MAY BE 6 | |
200 | + | DESIGNATED A RESTORATIVE PRACTICES SCHOOL; AND 7 | |
208 | 201 | ||
209 | - | (4) DEVELOP THE INTENDED OUTCOMES AND PERFORM ANCE | |
210 | - | METRICS THAT THE USE OF RESTORATIVE PRACT ICES ARE DESIGNED TO ACHIEVE, | |
211 | - | INCLUDING IMPROVEMEN TS IN THE FOLLOWING | |
202 | + | (4) DEVELOP THE INTENDED OUTCOMES AND PERFORM ANCE 8 | |
203 | + | METRICS THAT THE USE OF RESTORATIVE PRACT ICES ARE DESIGNED TO ACHIEVE, 9 | |
204 | + | INCLUDING IMPROVEMEN TS IN THE FOLLOWING AREAS : 10 | |
212 | 205 | ||
213 | - | (I) STUDENT CONDUCT THAT LEADS TO DISCIPLINAR Y | |
214 | - | ACTIONS, INCLUDING STUDENT OF FICE REFERRALS, SUSPENSIONS, EXPULSIONS, | |
215 | - | AND SCHOOL ARRESTS ; | |
206 | + | (I) STUDENT CONDUCT THAT LEADS TO DISCIPLINAR Y 11 | |
207 | + | ACTIONS, INCLUDING STUDENT OF FICE REFERRALS , SUSPENSIONS, EXPULSIONS, 12 | |
208 | + | AND SCHOOL ARRESTS ; 13 | |
216 | 209 | ||
217 | - | (II) STUDENT ABSENTEEISM A ND TRUANCY; | |
210 | + | (II) STUDENT ABSENTEEISM A ND TRUANCY; 14 | |
218 | 211 | ||
219 | - | (III) RATES OF TEACHER TURN OVER AND ABSENTEEISM ; | |
212 | + | (III) RATES OF TEACHER TURN OVER AND ABSENTEEISM ; 15 | |
220 | 213 | ||
221 | - | (IV) RELEVANT MENTAL HEALT H INDICATORS; AND | |
214 | + | (IV) RELEVANT MENTAL HEALT H INDICATORS; AND 16 | |
222 | 215 | ||
223 | - | (V) SCHOOL CLIMATE INDICA TORS. | |
216 | + | (V) SCHOOL CLIMATE INDICA TORS. 17 | |
224 | 217 | ||
225 | - | (D) IF A COUNTY | |
226 | - | PRACTICES SCHOOL WITHIN THE LOC AL SCHOOL SYSTEM , THE COUNTY BOARD | |
227 | - | SHALL USE THE COMPRE HENSIVE PLAN DEVELOP ED BY THE DEPARTMENT | |
218 | + | (D) IF A COUNTY BOARD CHO OSES TO ESTABLISH A RESTORATIVE 18 | |
219 | + | PRACTICES SCHOOL WITHIN THE LOC AL SCHOOL SYSTEM , THE COUNTY BOARD 19 | |
220 | + | SHALL USE THE COMPRE HENSIVE PLAN DEVELOP ED BY THE DEPARTMENT. 20 | |
228 | 221 | ||
229 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, | |
230 | - | 2026, the State Department of Education shall report to the Governor and, in accordance | |
231 | - | with § 2–1257 of the State Government Article, the General Assembly on its comprehensive | |
232 | - | plan for the establishment of Restorative Practices Schools required by § 7–306.1 of the | |
233 | - | Education Article, as enacted by Section 1 of this Act. | |
222 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 21 | |
223 | + | 2026, the State Department of Education shall report to the Governor and, in accordance 22 | |
224 | + | with § 2–1257 of the State Government Article, the General Assembly on its comprehensive 23 | |
225 | + | plan for the establishment of Restorative Practices Schools required by § 7–306.1 of the 24 | |
226 | + | Education Article, as enacted by Section 1 of this Act. 25 | |
234 | 227 | ||
235 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30 | |
236 | - | 1, 2025. Section 2 of this Act shall remain effective for a period of 2 years and, at the end of 31 | |
237 | - | June 30, 2027, Section 2 of this Act, with no further action required by the General 32 | |
238 | - | Assembly, shall be abrogated and of no further force and effect. 33 | |
228 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 | |
229 | + | 1, 2025. Section 2 of this Act shall remain effective for a period of 2 years and, at the end of 27 | |
230 | + | June 30, 2027, Section 2 of this Act, with no further action required by the General 28 | |
231 | + | Assembly, shall be abrogated and of no further force and effect. 29 | |
232 | + | ||
239 | 233 |