Maryland 2025 Regular Session

Maryland House Bill HB197 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb0197*
96
107 HOUSE BILL 197
118 F1 5lr1205
129 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
1511 Requested: October 15, 2024
1612 Introduced and read first time: January 8, 2025
1713 Assigned to: Ways and Means
18-Committee Report: Favorable with amendments
19-House action: Adopted
20-Read second time: February 23, 2025
2114
22-CHAPTER ______
15+A BILL ENTITLED
2316
2417 AN ACT concerning 1
2518
2619 Public Schools – Restorative Practices Schools – Comprehensive Plan 2
2720
2821 FOR the purpose of requiring the State Department of Education to develop a 3
2922 comprehensive plan to implement requirements for the establishment of Restorative 4
3023 Practices Schools; requiring a county board of education to use the comprehensive 5
3124 plan if the county board chooses to establish a Restorative Practices School; and 6
3225 generally relating to Restorative Practices Schools. 7
3326
3427 BY repealing and reenacting, with amendments, 8
3528 Article – Education 9
3629 Section 7–306 10
3730 Annotated Code of Maryland 11
3831 (2022 Replacement Volume and 2024 Supplement) 12
3932
4033 BY adding to 13
4134 Article – Education 14
4235 Section 7–306.1 15
4336 Annotated Code of Maryland 16
4437 (2022 Replacement Volume and 2024 Supplement) 17
4538
4639 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
4740 That the Laws of Maryland read as follows: 19
41+
42+Article – Education 20
43+
44+7–306. 21
4845 2 HOUSE BILL 197
4946
5047
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
5251
53-7–306. 2
52+ (i) Is preventive and proactive; 4
5453
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
5856
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
6060
61- (ii) Emphasizes building strong relationships and setting clear 7
62-behavioral expectations that contribute to the well–being of the school community; 8
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
6363
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
6765
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
7067
71- (2) “Restorative [approaches”] PRACTICES” may include: 14
68+ (ii) Mediation; 14
7269
73- (i) Conflict resolution; 15
70+ (iii) Peer mediation; 15
7471
75- (ii) Mediation; 16
72+ (iv) Circle processes; 16
7673
77- (iii) Peer mediation; 17
74+ (v) Restorative conferences; 17
7875
79- (iv) Circle processes; 18
76+ (vi) Social emotional learning; 18
8077
81- (v) Restorative conferences; 19
78+ (vii) Trauma–informed care; 19
8279
83- (vi) Social emotional learning; 20
80+ (viii) Positive behavioral intervention supports; and 20
8481
85- (vii) Trauma–informed care; 21
82+ (ix) [Rehabilitation] PERSONAL ACCOUNTABILI TY. 21
8683
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
8887
89- (ix) [Rehabilitation] PERSONAL ACCOUNTABILI TY. 23
88+ (c) The State Board shall: 25
9089
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
9492
95- (c) The State Board shall: 27
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
9795
9896
99- (1) Establish guidelines that define a State code of discipline for all public 1
100-schools with standards of conduct and consequences for violations of the standards; 2
97+ASSISTANCE IN BECOMI NG A RESTORATIVE PRACTICES SCHOOL IN ACCORDANCE 1
98+WITH § 7–306.1 OF THIS SUBTITLE ; and 2
10199
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
106101
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
108106
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
113108
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
115111
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
118115
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
122118
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
125124
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
131129
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
136131
137- (i) The State; 29
132+ (ii) Each local school system; and 26
138133
139- (ii) Each local school system; and 30
134+ (iii) Each public school. 27
140135
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
142138
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
145142 4 HOUSE BILL 197
146143
147144
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
151147
152- (2) The Department shall collect data on alternative school discipline 4
153-practices in public schools for each local school system, including: 5
148+ (i) The types of alternative school discipline practices that are used 3
149+in a local school system; and 4
154150
155- (i) The types of alternative school discipline practices that are used 6
156-in a local school system; and 7
151+ (ii) The type of misconduct for which an alternative discipline 5
152+practice is used. 6
157153
158- (ii) The type of misconduct for which an alternative discipline 8
159-practice is used. 9
154+7–306.1. 7
160155
161-7–306.1. 10
156+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
157+INDICATED. 9
162158
163- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
164-INDICATED. 12
159+ (2) “RESTORATIVE PRACTICES ” HAS THE MEANING STAT ED IN § 10
160+7–306 OF THIS SUBTITLE. 11
165161
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
168165
169- (3) “RESTORATIVE PRACTICES SCHOOL” MEANS A PUBLIC SCHOO L 15
170-THAT INTEGRATES REST ORATIVE PRACTICES IN TO DAILY PRACTICES A ND 16
171-ACTIVITIES OF THE WH OLE SCHOOL. 17
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
172169
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
176172
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
179177
180- (I) EDUCATORS AND ADMINIS TRATORS WHO HAVE 23
181-EFFECTIVELY ESTABLIS HED AND OPERATED SCH OOLS THAT INTEGRATE 24
182-RESTORATIVE PRACTICE S INTO THE DAILY PRA CTICES AND ACTIVITIE S OF THE 25
183-WHOLE SCHOOL ; AND 26
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
184182
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
189185
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
193190
194191
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
199192
200- (2) ESTABLISH MODEL TRAIN ING MATERIAL IN REST ORATIVE 5
201-PRACTICES FOR PERSON NEL IDENTIFIED UNDER ITEM (1) OF THIS SUBSECTION TO 6
202-USE IN TRAINING OTHE R SCHOOL STAFF IN A MANNER THAT RESULTS IN 7
203-RESTORATIVE PRACTICE S BEING INTEGRATED I NTO SCHOOLWIDE PRACT ICES AND 8
204-ACTIVITIES; 9
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
205198
206- (3) ESTABLISH STANDARDS F OR WHEN A SCHOOL MAY BE 10
207-DESIGNATED A RESTORATIVE PRACTICES SCHOOL; AND 11
199+ (3) ESTABLISH STANDARDS F OR WHEN A SCHOOL MAY BE 6
200+DESIGNATED A RESTORATIVE PRACTICES SCHOOL; AND 7
208201
209- (4) DEVELOP THE INTENDED OUTCOMES AND PERFORM ANCE 12
210-METRICS THAT THE USE OF RESTORATIVE PRACT ICES ARE DESIGNED TO ACHIEVE, 13
211-INCLUDING IMPROVEMEN TS IN THE FOLLOWING ARE AS: 14
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
212205
213- (I) STUDENT CONDUCT THAT LEADS TO DISCIPLINAR Y 15
214-ACTIONS, INCLUDING STUDENT OF FICE REFERRALS, SUSPENSIONS, EXPULSIONS, 16
215-AND SCHOOL ARRESTS ; 17
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
216209
217- (II) STUDENT ABSENTEEISM A ND TRUANCY; 18
210+ (II) STUDENT ABSENTEEISM A ND TRUANCY; 14
218211
219- (III) RATES OF TEACHER TURN OVER AND ABSENTEEISM ; 19
212+ (III) RATES OF TEACHER TURN OVER AND ABSENTEEISM ; 15
220213
221- (IV) RELEVANT MENTAL HEALT H INDICATORS; AND 20
214+ (IV) RELEVANT MENTAL HEALT H INDICATORS; AND 16
222215
223- (V) SCHOOL CLIMATE INDICA TORS. 21
216+ (V) SCHOOL CLIMATE INDICA TORS. 17
224217
225- (D) IF A COUNTY BOAR D CHOOSES TO ESTABLI SH A RESTORATIVE 22
226-PRACTICES SCHOOL WITHIN THE LOC AL SCHOOL SYSTEM , THE COUNTY BOARD 23
227-SHALL USE THE COMPRE HENSIVE PLAN DEVELOP ED BY THE DEPARTMENT . 24
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
228221
229- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 25
230-2026, the State Department of Education shall report to the Governor and, in accordance 26
231-with § 2–1257 of the State Government Article, the General Assembly on its comprehensive 27
232-plan for the establishment of Restorative Practices Schools required by § 7–306.1 of the 28
233-Education Article, as enacted by Section 1 of this Act. 29
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
234227
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+
239233