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