Maryland 2025 Regular Session

Maryland House Bill HB495 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 EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0495
6	6
7	7	HOUSE BILL 495
8	8	F5 5lr1930
9	9
10	10	By: Delegates Kaufman, Bagnall, Cardin, Conaway, Edelson, Feldmark ,
11	11	A. Johnson, Lehman, Lopez, Patterson, Pena –Melnyk, Phillips, Queen,
12	12	Roberson, Rosenberg, Ruff, Schindler, Shetty, Simpson, Solomon, Spiegel,
13	13	Williams, Wims, Woods, and Woorman
14	14	Introduced and read first time: January 20, 2025
15	15	Assigned to: Ways and Means and Appropriations
16	16
17	17	A BILL ENTITLED
18	18
19	19	AN ACT concerning 1
20	20
21	21	Education – Antidiscrimination Policies – Policy and Notice Requirements 2
22	22
23	23	FOR the purpose of requiring certain schools that have an antidiscrimination policy to 3
24	24	ensure that the policy includes certain information and is available to certain 4
25	25	individuals in a certain manner; requiring a school to provide a certain training or 5
26	26	program regarding antidiscrimination policies to students and employees in a 6
27	27	certain manner; and generally relating to policy and notice requirements for school 7
28	28	antidiscrimination policies. 8
29	29
30	30	BY adding to 9
31	31	Article – Education 10
32	32	Section 26–706 11
33	33	Annotated Code of Maryland 12
34	34	(2022 Replacement Volume and 2024 Supplement) 13
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
37	37	That the Laws of Maryland read as follows: 15
38	38
39	39	Article – Education 16
40	40
41	41	26–706. 17
42	42
43	43	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
44	44	INDICATED. 19
45	45
46	46	(2) “ANTIDISCRIMINATION PO LICY” MEANS ANY POLICY , 20
47	47	PROCEDURE , PROTOCOL, OR GUIDELINE REGARDI NG EITHER OF THE FOL LOWING 21 2 HOUSE BILL 495
48	48
49	49
50	50	TOPICS REGULATING IN CIDENTS THAT OCCUR O N SCHOOL PREMISES , ON SCHOOL 1
51	51	TRANSPORTATION , OR AT A SCHOOL–SPONSORED , OFF–CAMPUS EVENT : 2
52	52
53	53	(I) BULLYING OR HARASSMENT B ASED ON RACE , ETHNICITY, 3
54	54	COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN , MARITAL STATUS , SEXUAL 4
55	55	ORIENTATION , GENDER IDENTITY , DISABILITY, OR ANY OTHER PROTECT ED STATUS; 5
56	56	OR 6
57	57
58	58	(II) SEXUAL VIOLENCE , DOMESTIC VIOLENCE , DATING 7
59	59	VIOLENCE, OR STALKING. 8
60	60
61	61	(3) “FREQUENTLY ENCOUNTERE D LANGUAGE ” MEANS A LANGUAGE 9
62	62	THAT IS THE PRIMARY LANGUAGE SPOKEN BY: 10
63	63
64	64	(I) AT LEAST 5% OF THE POPULATION OF OVERALL STUDENTS 11
65	65	AND EMPLOYEES IN A SCHOOL; OR 12
66	66
67	67	(II) AT LEAST 5% OF THE POPULATION OF THE COUNTY OR AT 13
68	68	LEAST 1,000 PEOPLE IN THE COUNTY IN WHI CH A SCHOOL IS LOCATED . 14
69	69
70	70	(4) “SCHOOL” MEANS: 15
71	71
72	72	(I) A PREKINDERGARTEN PROG RAM THAT RECEIVES STATE 16
73	73	FUNDING; 17
74	74
75	75	(II) A PUBLIC OR NONPUBLIC ELEMENTARY OR SECONDARY 18
76	76	SCHOOL; AND 19
77	77
78	78	(III) AN INSTITUTION OF POSTSECONDARY EDUCATION. 20
79	79
80	80	(B) A SCHOOL THAT HAS ADOP TED AN ANTIDISCRIMIN ATION POLICY SHALL 21
81	81	ENSURE THAT THE POLI CY INCLUDES THE FOLL OWING INFORMATION : 22
82	82
83	83	(1) REPORTING OPTIONS FOR AN ALLEGED VICTIM OF SEXUAL 23
84	84	VIOLENCE OR ANY SEX –BASED CRIMINAL OFFEN SE; 24
85	85
86	86	(2) A POINT OF CONTACT FOR THE SCHOOL WITH AN A CTIVELY 25
87	87	MONITORED E –MAIL ADDRESS AND TELEPHONE NUMBER ; 26
88	88
89	89	(3) A DESCRIPTION OF THE S CHOOL’S INVESTIGATION PROC ESS AND 27
90	90	DISCIPLINARY PROCEED INGS; 28
91	91	HOUSE BILL 495 3
92	92
93	93
94	94	(4) A DESCRIPTION OF THE C RIMINAL JUSTICE SYST EM’S 1
95	95	INVESTIGATION A ND ADJUDICATION PROC ESS; 2
96	96
97	97	(5) POTENTIAL REASONABLE ACCOMMODATIONS THAT THE SCHOOL 3
98	98	MAY PROVIDE TO AN AL LEGED VICTIM; 4
99	99
100	100	(6) THE TELEPHONE NUMBER AND WEBSITE ADDRESS FOR THE 5
101	101	LOCAL, STATE, OR NATIONAL HOTLINE PROVIDING INFORMATIO N TO VICTIMS OF 6
102	102	SEXUAL VIOLE NCE, THAT IS UPDATED PERI ODICALLY; AND 7
103	103
104	104	(7) THE NAME AND LOCATION OF THE NEAREST MEDIC AL FACILITY 8
105	105	WHERE AN INDIVIDUAL MAY HAVE A RAPE KIT ADMINISTERED BY A PR OFESSIONAL 9
106	106	TRAINED IN SEXUAL AS SAULT FORENSIC MEDIC AL EXAMINATION AND E VIDENCE 10
107	107	COLLECTION, INCLUDING AVAILABLE TRANS PORTATION OPTIONS AN D FINANCIAL 11
108	108	RESOURCES. 12
109	109
110	110	(C) A SCHOOL’S ANTIDISCRIMINATION POLICY SHALL BE : 13
111	111
112	112	(1) WRITTEN IN PLAIN LANG UAGE THAT IS EASY TO UNDERSTAND 14
113	113	AND AGE APPROPRIATE ; 15
114	114
115	115	(2) PRINTED IN A COLOR , SIZE, AND FONT THAT ENHANC ES 16
116	116	READABILITY; 17
117	117
118	118	(3) AVAILABLE IN FREQUENT LY ENCOUNTERED LANGU AGES; 18
119	119
120	120	(4) AVAILABLE, BY REQUEST, THROUGH ORAL INTERPR ETATION IN 19
121	121	LESS FREQUENTLY ENCO UNTERED LANGUAGES , TO ENSURE TIMELY AND 20
122	122	MEANINGFUL ACCESS FO R INDIVIDUALS WITH L IMITED ENGLISH PROFICIENCY ; 21
123	123	AND 22
124	124
125	125	(5) COMPLIANT WITH THE FE DERAL AMERICANS WITH DISABILITIES 23
126	126	ACT. 24
127	127
128	128	(D) A SCHOOL THAT HAS ADOPTED AN ANTIDISCRIMINATION POLICY SHALL 25
129	129	MAKE THE ANTIDISCRIMINATION POLICY AVAILABLE TO STUDENT S, EMPLOYEES, 26
130	130	VOLUNTEERS , AND PARENTS OR GUARDIANS BY: 27
131	131
132	132	(1) (I) INCLUDING THE ANTIDISCRIMINATION POLICY IN ANY 28
133	133	HANDBOOK OR OTHER PU BLICATION DESCRIBING THE RULES , PROCEDURES , AND 29
134	134	STANDARDS OF CONDUCT FOR THE SCHOOL PROVIDED TO STUDENTS, EMPLOYEE S, 30
135	135	VOLUNTEER S, OR PARENT S OR GUARDIAN S EACH SCHOOL YEAR ; OR 31
136	136	4 HOUSE BILL 495
137	137
138	138
139	139	(II) PROVIDING A WRITTEN C OPY OF THE ANTIDISCRIMINATION 1
140	140	POLICY TO STUDENTS , EMPLOYEES, VOLUNTEERS , AND PARENTS OR GUARD IANS 2
141	141	EACH SCHOOL YEAR ; 3
142	142
143	143	(2) DISTRIBUTING COPIES O F THE ANTIDISCRIMINATION POLICY 4
144	144	ELECTRONICALLY BY E –MAIL TO ALL ENROLLED STUDENTS AT LEAST ON E TIME 5
145	145	EACH SCHOOL YEAR; 6
146	146
147	147	(3) POSTING A COPY OF THE ANTIDISCRIMINATION POLICY AT 7
148	148	APPROPRIATE LOCATION S ON THE SCHOOL’S CAMPUS AT ALL TIMES ; AND 8
149	149
150	150	(4) POSTING THE ANTIDISCRIMINATION POLICY IN A PROMINENT 9
151	151	LOCATION ON: 10
152	152
153	153	(I) THE SCHOOL’S WEBSITE THAT IS ACCE SSIBLE FROM THE 11
154	154	HOMEPAGE OF THE WEBSITE BY US E OF NOT MORE THAN T HREE LINKS; AND 12
155	155
156	156	(II) THE LOCAL SCHOOL SYST EM’S WEBSITE OR THE WEBSITE 13
157	157	OF THE GOVERNING BOD Y OF AN INSTITUTION OF POSTSECONDARY EDUCATION. 14
158	158
159	159	(E) (1) A SCHOOL SHALL PROVIDE MANDATORY TRAINING O R 15
160	160	PROGRAMMING TO STUDE NTS ON ENROLLMENT OR EMPLOYEES ON EMPLOYMENT 16
161	161	REGARDING THE SCHOOL ’S ANTIDISCRIMINATION POLICIES. 17
162	162
163	163	(2) A TRAINING OR PROGRAM CONDUCTED UNDER PARA GRAPH (1) 18
164	164	OF THIS SUBSECTION S HALL: 19
165	165
166	166	(I) FOR STUDENTS , BE CONDUCTED AT THE BEGINNING OF 20
167	167	EACH SCHOOL YEAR IN STUDENT CLAS SES, A SCHOOL ASSEMBLY , STUDENT 21
168	168	ORIENTATION EVENTS , OR AT SIMILAR EVENTS ; AND 22
169	169
170	170	(II) FOR EMPLOYEES , BE CONDUCTED WITHIN 4 WEEKS OF THE 23
171	171	FIRST DAY OF WORK AT A PAR ENT TEACHER ASSOCIAT ION OR ORGANIZATION 24
172	172	MEETING, AND PUBLIC MEETINGS OF THE SCHOOL ADMINI STRATIVE OFFICE , LOCAL 25
173	173	SCHOOL SYSTEM OFFICE , OR THE OFFICE OF THE GOVERNING BODY OF AN 26
174	174	INSTITUTION OF POSTS ECONDARY EDUCATION . 27
175	175
176	176	(3) IF A SCHOOL DOES NOT HAVE SUFFIC IENT RESOURCES TO 28
177	177	PROVIDE THE TRAINING OR PROGRAM REQUIRED IN PARAGRAPH (1) OF THIS 29
178	178	SUBSECTION, THE SCHOOL SHALL COORDINATE WITH A COMMUNITY ORG ANIZATION 30
179	179	WITH EXPERTISE RELATED TO THE ANTIDISCRIMINATION POLICY TO PROVIDE THE 31
180	180	TRAINING TO STUDENTS OR EMPLOYEE S AT NO COST. 32
181	181	HOUSE BILL 495 5
182	182
183	183
184	184	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
185	185	1, 2025. 2