EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0488*
HOUSE BILL 488
F1 5lr1952
CF 5lr1953
By: Delegates Kaufman, Bagnall, Cardin, Feldmark, A. Johnson, Lehman,
Pena–Melnyk, Phillips, Pruski, Shetty, Simmons, Solomon, Spiegel, and
Wims
Introduced and read first time: January 20, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Discipline–Related Data – Collection and Publication 2
FOR the purpose of requiring the State Department of Education to disaggregate certain 3
discipline–related data in an electronic spreadsheet format for the Department’s 4
website, make the data available to the public, and report certain discipline–related 5
information each year; requiring the Department to maintain a certain risk ratio and 6
State comparison threshold used to identify a school’s disproportional disciplinary 7
practices and report disproportionality data for high–suspending schools; and 8
generally relating to school discipline–related data collection and publication. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 7–306 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
7–306. 18
(a) (1) In this section, “restorative [approaches”] PRACTICES” means a 19
COMMUNALLY AND CULTU RALLY RESPONSIVE , relationship–focused student discipline 20
model that: 21
(i) Is preventive and proactive; 22 2 HOUSE BILL 488
(ii) Emphasizes building strong relationships and setting clear 1
behavioral expectations that contribute to the well–being of the school community; 2
(iii) In response to behavior that violates the clear behavioral 3
expectations that contribute to the well–being of the school community, focuses on 4
accountability for any harm done by the problem behavior; and 5
(iv) Addresses ways to repair the relationships affected by the 6
problem behavior with the voluntary participation of an individual who was harmed. 7
(2) “Restorative [approaches”] PRACTICES” may include: 8
(i) Conflict resolution; 9
(ii) Mediation; 10
(iii) Peer mediation; 11
(iv) Circle processes; 12
(v) Restorative conferences; 13
(vi) Social emotional learning; 14
(vii) Trauma–informed care; 15
(viii) Positive behavioral intervention supports; and 16
(ix) [Rehabilitation] PERSONAL ACCOUNTABILI TY. 17
(b) Notwithstanding any bylaw, rule, or regulation made or approved by the State 18
Board, a principal, vice principal, or other employee may not administer corporal 19
punishment to discipline a student in a public school in the State. 20
(c) The State Board shall: 21
(1) Establish guidelines that define a State code of discipline for all public 22
schools with standards of conduct and consequences for violations of the standards; 23
(2) On request, provide technical assistance and training to county boards 24
regarding the use of restorative [approaches] PRACTICES; and 25
(3) Assist each county board with the implementation of the guidelines. 26
(d) (1) Subject to the provisions of subsections (b) and (c) of this section, each 27
county board shall adopt regulations designed to create and maintain within the schools 28 HOUSE BILL 488 3
under its jurisdiction the atmosphere of order and discipline necessary for effective 1
learning. 2
(2) The regulations adopted by a county board under this subsection: 3
(i) Shall provide for educational and behavioral interventions, 4
restorative [approaches] PRACTICES, counseling, and student and parent conferencing; 5
(ii) Shall provide alternative programs, which may include in–school 6
suspension, suspension, expulsion, or other disciplinary measures that are deemed 7
appropriate; and 8
(iii) Shall state that the primary purpose of any disciplinary measure 9
is rehabilitative, restorative, and educational. 10
(e) (1) On or before October 1 each year, the Department shall submit to the 11
Governor and, in accordance with § 2–1257 of the State Government Article, the General 12
Assembly, a student discipline data report that includes a description of the uses of 13
restorative [approaches] PRACTICES in the State and a review of disciplinary practices 14
and policies in the State. 15
(2) The Department shall disaggregate the information in any student 16
discipline data report prepared by the Department by race, ethnicity, gender, disability 17
status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic 18
status, English language proficiency, and type of discipline for: 19
(i) The State; 20
(ii) Each local school system; and 21
(iii) Each public school. 22
(3) Special education–related data in any report prepared under this 23
subsection shall be disaggregated by race, ethnicity, and gender. 24
(F) (1) THE DEPARTMENT SHALL MAKE PUBLIC IN AN ACCESSIBLE AND 25
DISAGGREGATED ELECTR ONIC SPREADSHEET FOR MAT ALL DISCIPLINE –RELATED 26
DATA AS A DATA DOWNL OAD ON THE DEPARTMENT ’S WEBSITE AT THE STATE LEVEL, 27
LOCAL SCHOOL SYSTEM LEVEL, AND SCHOOL LEVEL . 28
(2) FOR ALL DATA MADE PUB LIC UNDER PARAGRAPH (1) OF THIS 29
SUBSECTION, THE DEPARTMENT SHALL INCL UDE ON THE DEPARTMENT ’S WEBSITE 30
DATA, DISAGGREGATED BY GRA DE LEVEL, RACE, ETHNICITY, DISABILITY STATUS , 31
INCLUDING WHETHER A STUDENT HAS A 504 PLAN OR INDIVIDUALIZ ED EDUCATION 32
PROGRAM, SOCIOECONOMIC STATUS , ENGLISH LANGUAGE PROF ICIENCY, AND 33
GENDER, RELATED TO ANY DISPR OPORTIONAL DISCIPLIN ARY PRACTICES OF : 34 4 HOUSE BILL 488
(I) A LOCAL SCHOOL SYSTEM ; OR 1
(II) A PUBLIC SCHOOL . 2
(3) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 3
THEREAFTER , THE DEPARTMENT SHALL REPO RT ON THE DATA GATHERED UNDER 4
THIS SUBSECTION TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 5
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 6
(G) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 7
MEANINGS INDICATED . 8
(II) “HIGH–SUSPENDING” INCLUDES THE FOLLOWI NG SCHOOLS 9
THAT SUSPEND STUDENT S IN EACH SUBGROUP D ISAGGREGATED BY RACE , 10
ETHNICITY, DISABILITY STATUS , INCLUDING SEPARATELY STUDENTS WITH A 504 11
PLAN OR INDIVIDUALIZ ED EDUCATION PROGRAM , AND ENGLISH LANGUAGE 12
PROFICIENCY: 13
1. AN ELEMENTARY SCHOOL THAT SU SPENDS 10% OR 14
MORE OF ITS STUDENTS IN EACH SUBGROUP ; AND 15
2. A SECONDARY SCHOOL THA T SUSPENDS 25% OR 16
MORE OF ITS STUDENTS IN EACH SUBGROUP . 17
(III) “RISK RATIO” MEANS THE RATIO OF STUDENTS IN A 18
SUBGROUP THAT ARE RE MOVED FROM A SCHOOL TO ALL OTHER STUDENTS 19
ENROLLED AT THE SAME SCHOOL . 20
(IV) “STATE COMPARISON THRE SHOLD” MEANS A RATIO OF THE 21
REMOVAL RATE OF STUD ENTS IN A SUBGROUP TO THE REMOVAL RATE : 22
1. OF ALL STUDENTS ENROL LED IN PUBLIC SCHOOLS IN 23
THE STATE; OR 24
2. ACROSS LIKE SCHOOL LE VELS. 25
(2) THE DEPARTMENT SHALL MAINTAIN A RISK RATI O AND STATE 26
COMPARISON THRESHOLD OF 2.0 TO IDENTIFY A SCHOOL’S DISCIPLINE PROCESS AS 27
HAVING A DISPROPORTIONATE IMPACT ON STUDENTS WITH MINORI TY STATUS, 28
DISABILITY STATUS , OR ENGLISH LANGUAGE PROFICIENCY STATUS. 29
(3) IF THE DEPARTMENT IDENTIFIES A SCHOOL AS BEING 30
HIGH–SUSPENDING OR HAVING A DISPROPORTIONATE IMPACT, THE LOCAL 31 HOUSE BILL 488 5
EDUCATION AGENCY SHA LL PREPARE AND SUBMIT A PLAN TO THE STATE BOARD 1
TO: 2
(I) REDUCE THE DISPROPORTIONATE IMPACT WITHIN 1 YEAR 3
AFTER THE DATE ON WH ICH THE SCHOOL IS ID ENTIFIED; AND 4
(II) ELIMINATE THE DISPROPORTIONATE IMPACT WITHIN 3 5
YEARS AFTER THE DATE ON WH ICH THE SCHOOL IS ID ENTIFIED. 6
(4) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , ON 7
OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , THE 8
DEPARTMENT SHALL PUBLISH ON ITS WEBSI TE THE DATA GATHERED UN DER THIS 9
SUBSECTION. 10
(II) THE DEPARTMENT MAY NOT BE REQUIRED TO REPORT T HE 11
DATA COLLECTED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ON ANY 12
SUBGROUP WITH A POPU LATION FEWER THAN 10 INDIVIDUALS IF DOING SO WOULD 13
VIOLATE THE STUDENT EDUCATION RECORDS PR IVACY PROVISIONS OF THE 14
FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT. 15
(5) (I) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 16
THEREAFTER , THE DEPARTMENT SHALL DEVELOP AND PUBLISH AN ACTION PLAN 17
RELATING TO THE DEPARTMENT ’S ANNUAL REPORTS UNDER PARAGRAPH (4) OF 18
THIS SUBSECTION . 19
(II) THE ACTION PLAN SHALL: 20
1. SUMMARIZE: 21
A. THE DISPROPORTIONALIT Y DATA FOR ANY SCHOOL 22
IDENTIFIED USING THE RISK RATIO AND STATE COMPARISON THRE SHOLD; AND 23
B. THE LEVELS OF SUSPENSION IDENTI FIED USING THE 24
“HIGH–SUSPENDING” MEASURE; AND 25
2. BE DESIGNED TO: 26
A. PROVIDE LOCAL EDUCATI ON AGENCIES WITH 27
SUPPORT AND RESOURCE S TO REDUCE DISPARIT IES IN DISCIPLINE TO BELOW THE 28
2.0 RISK RATIO AND STATE COMPARISON THRE SHOLD OR REDUCE EXCL USIONARY 29
DISCIPLINE OVERALL T O BELOW THE HIGH –SUSPENDING THRESHOLD ; AND 30
B. COMPLEMENT THE PLANS DEVELOPED BY THE LOC AL 31
EDUCATION AGENCY IN ACCORDANCE WITH PARAGRAPH (3) OF THIS SUBSECTION. 32 6 HOUSE BILL 488
[(f)] (H) (1) In this subsection, “alternative school discipline practice” means 1
a 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
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
1, 2025. 11