Maryland 2025 Regular Session

Maryland House Bill HB488 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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	5	hb0488
6	6
7	7	HOUSE BILL 488
8	8	F1 5lr1952
9	9	CF 5lr1953
10	10	By: Delegates Kaufman, Bagnall, Cardin, Feldmark, A. Johnson, Lehman,
11	11	Pena–Melnyk, Phillips, Pruski, Shetty, Simmons, Solomon, Spiegel, and
12	12	Wims
13	13	Introduced and read first time: January 20, 2025
14	14	Assigned to: Ways and Means
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Public Schools – Discipline–Related Data – Collection and Publication 2
21	21
22	22	FOR the purpose of requiring the State Department of Education to disaggregate certain 3
23	23	discipline–related data in an electronic spreadsheet format for the Department’s 4
24	24	website, make the data available to the public, and report certain discipline–related 5
25	25	information each year; requiring the Department to maintain a certain risk ratio and 6
26	26	State comparison threshold used to identify a school’s disproportional disciplinary 7
27	27	practices and report disproportionality data for high–suspending schools; and 8
28	28	generally relating to school discipline–related data collection and publication. 9
29	29
30	30	BY repealing and reenacting, with amendments, 10
31	31	Article – Education 11
32	32	Section 7–306 12
33	33	Annotated Code of Maryland 13
34	34	(2022 Replacement Volume and 2024 Supplement) 14
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
37	37	That the Laws of Maryland read as follows: 16
38	38
39	39	Article – Education 17
40	40
41	41	7–306. 18
42	42
43	43	(a) (1) In this section, “restorative [approaches”] PRACTICES” means a 19
44	44	COMMUNALLY AND CULTU RALLY RESPONSIVE , relationship–focused student discipline 20
45	45	model that: 21
46	46
47	47	(i) Is preventive and proactive; 22 2 HOUSE BILL 488
48	48
49	49
50	50
51	51	(ii) Emphasizes building strong relationships and setting clear 1
52	52	behavioral expectations that contribute to the well–being of the school community; 2
53	53
54	54	(iii) In response to behavior that violates the clear behavioral 3
55	55	expectations that contribute to the well–being of the school community, focuses on 4
56	56	accountability for any harm done by the problem behavior; and 5
57	57
58	58	(iv) Addresses ways to repair the relationships affected by the 6
59	59	problem behavior with the voluntary participation of an individual who was harmed. 7
60	60
61	61	(2) “Restorative [approaches”] PRACTICES” may include: 8
62	62
63	63	(i) Conflict resolution; 9
64	64
65	65	(ii) Mediation; 10
66	66
67	67	(iii) Peer mediation; 11
68	68
69	69	(iv) Circle processes; 12
70	70
71	71	(v) Restorative conferences; 13
72	72
73	73	(vi) Social emotional learning; 14
74	74
75	75	(vii) Trauma–informed care; 15
76	76
77	77	(viii) Positive behavioral intervention supports; and 16
78	78
79	79	(ix) [Rehabilitation] PERSONAL ACCOUNTABILI TY. 17
80	80
81	81	(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 18
82	82	Board, a principal, vice principal, or other employee may not administer corporal 19
83	83	punishment to discipline a student in a public school in the State. 20
84	84
85	85	(c) The State Board shall: 21
86	86
87	87	(1) Establish guidelines that define a State code of discipline for all public 22
88	88	schools with standards of conduct and consequences for violations of the standards; 23
89	89
90	90	(2) On request, provide technical assistance and training to county boards 24
91	91	regarding the use of restorative [approaches] PRACTICES; and 25
92	92
93	93	(3) Assist each county board with the implementation of the guidelines. 26
94	94
95	95	(d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 27
96	96	county board shall adopt regulations designed to create and maintain within the schools 28 HOUSE BILL 488 3
97	97
98	98
99	99	under its jurisdiction the atmosphere of order and discipline necessary for effective 1
100	100	learning. 2
101	101
102	102	(2) The regulations adopted by a county board under this subsection: 3
103	103
104	104	(i) Shall provide for educational and behavioral interventions, 4
105	105	restorative [approaches] PRACTICES, counseling, and student and parent conferencing; 5
106	106
107	107	(ii) Shall provide alternative programs, which may include in–school 6
108	108	suspension, suspension, expulsion, or other disciplinary measures that are deemed 7
109	109	appropriate; and 8
110	110
111	111	(iii) Shall state that the primary purpose of any disciplinary measure 9
112	112	is rehabilitative, restorative, and educational. 10
113	113
114	114	(e) (1) On or before October 1 each year, the Department shall submit to the 11
115	115	Governor and, in accordance with § 2–1257 of the State Government Article, the General 12
116	116	Assembly, a student discipline data report that includes a description of the uses of 13
117	117	restorative [approaches] PRACTICES in the State and a review of disciplinary practices 14
118	118	and policies in the State. 15
119	119
120	120	(2) The Department shall disaggregate the information in any student 16
121	121	discipline data report prepared by the Department by race, ethnicity, gender, disability 17
122	122	status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 18
123	123	status, English language proficiency, and type of discipline for: 19
124	124
125	125	(i) The State; 20
126	126
127	127	(ii) Each local school system; and 21
128	128
129	129	(iii) Each public school. 22
130	130
131	131	(3) Special education–related data in any report prepared under this 23
132	132	subsection shall be disaggregated by race, ethnicity, and gender. 24
133	133
134	134	(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSIBLE AND 25
135	135	DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 26
136	136	DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 27
137	137	LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 28
138	138
139	139	(2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 29
140	140	SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 30
141	141	DATA, DISAGGREGATED BY GRA DE LEVEL, RACE, ETHNICITY, DISABILITY STATUS , 31
142	142	INCLUDING WHETHER A STUDENT HAS A 504 PLAN OR INDIVIDUALIZ ED EDUCATION 32
143	143	PROGRAM, SOCIOECONOMIC STATUS , ENGLISH LANGUAGE PROF ICIENCY, AND 33
144	144	GENDER, RELATED TO ANY DISPR OPORTIONAL DISCIPLIN ARY PRACTICES OF : 34 4 HOUSE BILL 488
145	145
146	146
147	147
148	148	(I) A LOCAL SCHOOL SYSTEM ; OR 1
149	149
150	150	(II) A PUBLIC SCHOOL . 2
151	151
152	152	(3) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 3
153	153	THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHERED UNDER 4
154	154	THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 5
155	155	STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 6
156	156
157	157	(G) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 7
158	158	MEANINGS INDICATED . 8
159	159
160	160	(II) “HIGH–SUSPENDING” INCLUDES THE FOLLOWI NG SCHOOLS 9
161	161	THAT SUSPEND STUDENT S IN EACH SUBGROUP D ISAGGREGATED BY RACE , 10
162	162	ETHNICITY, DISABILITY STATUS , INCLUDING SEPARATELY STUDENTS WITH A 504 11
163	163	PLAN OR INDIVIDUALIZ ED EDUCATION PROGRAM , AND ENGLISH LANGUAGE 12
164	164	PROFICIENCY: 13
165	165
166	166	1. AN ELEMENTARY SCHOOL THAT SU SPENDS 10% OR 14
167	167	MORE OF ITS STUDENTS IN EACH SUBGROUP ; AND 15
168	168
169	169	2. A SECONDARY SCHOOL THA T SUSPENDS 25% OR 16
170	170	MORE OF ITS STUDENTS IN EACH SUBGROUP . 17
171	171
172	172	(III) “RISK RATIO” MEANS THE RATIO OF STUDENTS IN A 18
173	173	SUBGROUP THAT ARE RE MOVED FROM A SCHOOL TO ALL OTHER STUDENTS 19
174	174	ENROLLED AT THE SAME SCHOOL . 20
175	175
176	176	(IV) “STATE COMPARISON THRE SHOLD” MEANS A RATIO OF THE 21
177	177	REMOVAL RATE OF STUD ENTS IN A SUBGROUP TO THE REMOVAL RATE : 22
178	178
179	179	1. OF ALL STUDENTS ENROL LED IN PUBLIC SCHOOLS IN 23
180	180	THE STATE; OR 24
181	181
182	182	2. ACROSS LIKE SCHOOL LE VELS. 25
183	183
184	184	(2) THE DEPARTMENT SHALL MAINTAIN A RISK RATI O AND STATE 26
185	185	COMPARISON THRESHOLD OF 2.0 TO IDENTIFY A SCHOOL’S DISCIPLINE PROCESS AS 27
186	186	HAVING A DISPROPORTIONATE IMPACT ON STUDENTS WITH MINORI TY STATUS, 28
187	187	DISABILITY STATUS , OR ENGLISH LANGUAGE PROFICIENCY STATUS. 29
188	188
189	189	(3) IF THE DEPARTMENT IDENTIFIES A SCHOOL AS BEING 30
190	190	HIGH–SUSPENDING OR HAVING A DISPROPORTIONATE IMPACT, THE LOCAL 31 HOUSE BILL 488 5
191	191
192	192
193	193	EDUCATION AGENCY SHA LL PREPARE AND SUBMIT A PLAN TO THE STATE BOARD 1
194	194	TO: 2
195	195
196	196	(I) REDUCE THE DISPROPORTIONATE IMPACT WITHIN 1 YEAR 3
197	197	AFTER THE DATE ON WH ICH THE SCHOOL IS ID ENTIFIED; AND 4
198	198
199	199	(II) ELIMINATE THE DISPROPORTIONATE IMPACT WITHIN 3 5
200	200	YEARS AFTER THE DATE ON WH ICH THE SCHOOL IS ID ENTIFIED. 6
201	201
202	202	(4) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , ON 7
203	203	OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , THE 8
204	204	DEPARTMENT SHALL PUBLISH ON ITS WEBSI TE THE DATA GATHERED UN DER THIS 9
205	205	SUBSECTION. 10
206	206
207	207	(II) THE DEPARTMENT MAY NOT BE REQUIRED TO REPORT T HE 11
208	208	DATA COLLECTED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ON ANY 12
209	209	SUBGROUP WITH A POPU LATION FEWER THAN 10 INDIVIDUALS IF DOING SO WOULD 13
210	210	VIOLATE THE STUDENT EDUCATION RECORDS PR IVACY PROVISIONS OF THE 14
211	211	FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT. 15
212	212
213	213	(5) (I) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 16
214	214	THEREAFTER , THE DEPARTMENT SHALL DEVELOP AND PUBLISH AN ACTION PLAN 17
215	215	RELATING TO THE DEPARTMENT ’S ANNUAL REPORTS UNDER PARAGRAPH (4) OF 18
216	216	THIS SUBSECTION . 19
217	217
218	218	(II) THE ACTION PLAN SHALL: 20
219	219
220	220	1. SUMMARIZE: 21
221	221
222	222	A. THE DISPROPORTIONALIT Y DATA FOR ANY SCHOOL 22
223	223	IDENTIFIED USING THE RISK RATIO AND STATE COMPARISON THRE SHOLD; AND 23
224	224
225	225	B. THE LEVELS OF SUSPENSION IDENTI FIED USING THE 24
226	226	“HIGH–SUSPENDING” MEASURE; AND 25
227	227
228	228	2. BE DESIGNED TO: 26
229	229
230	230	A. PROVIDE LOCAL EDUCATI ON AGENCIES WITH 27
231	231	SUPPORT AND RESOURCE S TO REDUCE DISPARIT IES IN DISCIPLINE TO BELOW THE 28
232	232	2.0 RISK RATIO AND STATE COMPARISON THRE SHOLD OR REDUCE EXCL USIONARY 29
233	233	DISCIPLINE OVERALL T O BELOW THE HIGH –SUSPENDING THRESHOLD ; AND 30
234	234
235	235	B. COMPLEMENT THE PLANS DEVELOPED BY THE LOC AL 31
236	236	EDUCATION AGENCY IN ACCORDANCE WITH PARAGRAPH (3) OF THIS SUBSECTION. 32 6 HOUSE BILL 488
237	237
238	238
239	239
240	240	[(f)] (H) (1) In this subsection, “alternative school discipline practice” means 1
241	241	a discipline practice used in a public school that is not an in–school suspension or an 2
242	242	out–of–school suspension. 3
243	243
244	244	(2) The Department shall collect data on alternative school discipline 4
245	245	practices in public schools for each local school system, including: 5
246	246
247	247	(i) The types of alternative school discipline practices that are used 6
248	248	in a local school system; and 7
249	249
250	250	(ii) The type of misconduct for which an alternative discipline 8
251	251	practice is used. 9
252	252
253	253	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
254	254	1, 2025. 11
255	255