EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0495*
HOUSE BILL 495
F5 5lr1930
By: Delegates Kaufman, Bagnall, Cardin, Conaway, Edelson, Feldmark ,
A. Johnson, Lehman, Lopez, Patterson, Pena –Melnyk, Phillips, Queen,
Roberson, Rosenberg, Ruff, Schindler, Shetty, Simpson, Solomon, Spiegel,
Williams, Wims, Woods, and Woorman
Introduced and read first time: January 20, 2025
Assigned to: Ways and Means and Appropriations
A BILL ENTITLED
AN ACT concerning 1
Education – Antidiscrimination Policies – Policy and Notice Requirements 2
FOR the purpose of requiring certain schools that have an antidiscrimination policy to 3
ensure that the policy includes certain information and is available to certain 4
individuals in a certain manner; requiring a school to provide a certain training or 5
program regarding antidiscrimination policies to students and employees in a 6
certain manner; and generally relating to policy and notice requirements for school 7
antidiscrimination policies. 8
BY adding to 9
Article – Education 10
Section 26–706 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Education 16
26–706. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “ANTIDISCRIMINATION PO LICY” MEANS ANY POLICY , 20
PROCEDURE , PROTOCOL, OR GUIDELINE REGARDI NG EITHER OF THE FOL LOWING 21 2 HOUSE BILL 495
TOPICS REGULATING IN CIDENTS THAT OCCUR O N SCHOOL PREMISES , ON SCHOOL 1
TRANSPORTATION , OR AT A SCHOOL–SPONSORED , OFF–CAMPUS EVENT : 2
(I) BULLYING OR HARASSMENT B ASED ON RACE , ETHNICITY, 3
COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN , MARITAL STATUS , SEXUAL 4
ORIENTATION , GENDER IDENTITY , DISABILITY, OR ANY OTHER PROTECT ED STATUS; 5
OR 6
(II) SEXUAL VIOLENCE , DOMESTIC VIOLENCE , DATING 7
VIOLENCE, OR STALKING. 8
(3) “FREQUENTLY ENCOUNTERE D LANGUAGE ” MEANS A LANGUAGE 9
THAT IS THE PRIMARY LANGUAGE SPOKEN BY: 10
(I) AT LEAST 5% OF THE POPULATION OF OVERALL STUDENTS 11
AND EMPLOYEES IN A SCHOOL; OR 12
(II) AT LEAST 5% OF THE POPULATION OF THE COUNTY OR AT 13
LEAST 1,000 PEOPLE IN THE COUNTY IN WHI CH A SCHOOL IS LOCATED . 14
(4) “SCHOOL” MEANS: 15
(I) A PREKINDERGARTEN PROG RAM THAT RECEIVES STATE 16
FUNDING; 17
(II) A PUBLIC OR NONPUBLIC ELEMENTARY OR SECONDARY 18
SCHOOL; AND 19
(III) AN INSTITUTION OF POSTSECONDARY EDUCATION. 20
(B) A SCHOOL THAT HAS ADOP TED AN ANTIDISCRIMIN ATION POLICY SHALL 21
ENSURE THAT THE POLI CY INCLUDES THE FOLL OWING INFORMATION : 22
(1) REPORTING OPTIONS FOR AN ALLEGED VICTIM OF SEXUAL 23
VIOLENCE OR ANY SEX –BASED CRIMINAL OFFEN SE; 24
(2) A POINT OF CONTACT FOR THE SCHOOL WITH AN A CTIVELY 25
MONITORED E –MAIL ADDRESS AND TELEPHONE NUMBER ; 26
(3) A DESCRIPTION OF THE S CHOOL’S INVESTIGATION PROC ESS AND 27
DISCIPLINARY PROCEED INGS; 28
HOUSE BILL 495 3
(4) A DESCRIPTION OF THE C RIMINAL JUSTICE SYST EM’S 1
INVESTIGATION A ND ADJUDICATION PROC ESS; 2
(5) POTENTIAL REASONABLE ACCOMMODATIONS THAT THE SCHOOL 3
MAY PROVIDE TO AN AL LEGED VICTIM; 4
(6) THE TELEPHONE NUMBER AND WEBSITE ADDRESS FOR THE 5
LOCAL, STATE, OR NATIONAL HOTLINE PROVIDING INFORMATIO N TO VICTIMS OF 6
SEXUAL VIOLE NCE, THAT IS UPDATED PERI ODICALLY; AND 7
(7) THE NAME AND LOCATION OF THE NEAREST MEDIC AL FACILITY 8
WHERE AN INDIVIDUAL MAY HAVE A RAPE KIT ADMINISTERED BY A PR OFESSIONAL 9
TRAINED IN SEXUAL AS SAULT FORENSIC MEDIC AL EXAMINATION AND E VIDENCE 10
COLLECTION, INCLUDING AVAILABLE TRANS PORTATION OPTIONS AN D FINANCIAL 11
RESOURCES. 12
(C) A SCHOOL’S ANTIDISCRIMINATION POLICY SHALL BE : 13
(1) WRITTEN IN PLAIN LANG UAGE THAT IS EASY TO UNDERSTAND 14
AND AGE APPROPRIATE ; 15
(2) PRINTED IN A COLOR , SIZE, AND FONT THAT ENHANC ES 16
READABILITY; 17
(3) AVAILABLE IN FREQUENT LY ENCOUNTERED LANGU AGES; 18
(4) AVAILABLE, BY REQUEST, THROUGH ORAL INTERPR ETATION IN 19
LESS FREQUENTLY ENCO UNTERED LANGUAGES , TO ENSURE TIMELY AND 20
MEANINGFUL ACCESS FO R INDIVIDUALS WITH L IMITED ENGLISH PROFICIENCY ; 21
AND 22
(5) COMPLIANT WITH THE FE DERAL AMERICANS WITH DISABILITIES 23
ACT. 24
(D) A SCHOOL THAT HAS ADOPTED AN ANTIDISCRIMINATION POLICY SHALL 25
MAKE THE ANTIDISCRIMINATION POLICY AVAILABLE TO STUDENT S, EMPLOYEES, 26
VOLUNTEERS , AND PARENTS OR GUARDIANS BY: 27
(1) (I) INCLUDING THE ANTIDISCRIMINATION POLICY IN ANY 28
HANDBOOK OR OTHER PU BLICATION DESCRIBING THE RULES , PROCEDURES , AND 29
STANDARDS OF CONDUCT FOR THE SCHOOL PROVIDED TO STUDENTS, EMPLOYEE S, 30
VOLUNTEER S, OR PARENT S OR GUARDIAN S EACH SCHOOL YEAR ; OR 31
4 HOUSE BILL 495
(II) PROVIDING A WRITTEN C OPY OF THE ANTIDISCRIMINATION 1
POLICY TO STUDENTS , EMPLOYEES, VOLUNTEERS , AND PARENTS OR GUARD IANS 2
EACH SCHOOL YEAR ; 3
(2) DISTRIBUTING COPIES O F THE ANTIDISCRIMINATION POLICY 4
ELECTRONICALLY BY E –MAIL TO ALL ENROLLED STUDENTS AT LEAST ON E TIME 5
EACH SCHOOL YEAR; 6
(3) POSTING A COPY OF THE ANTIDISCRIMINATION POLICY AT 7
APPROPRIATE LOCATION S ON THE SCHOOL’S CAMPUS AT ALL TIMES ; AND 8
(4) POSTING THE ANTIDISCRIMINATION POLICY IN A PROMINENT 9
LOCATION ON: 10
(I) THE SCHOOL’S WEBSITE THAT IS ACCE SSIBLE FROM THE 11
HOMEPAGE OF THE WEBSITE BY US E OF NOT MORE THAN T HREE LINKS; AND 12
(II) THE LOCAL SCHOOL SYST EM’S WEBSITE OR THE WEBSITE 13
OF THE GOVERNING BOD Y OF AN INSTITUTION OF POSTSECONDARY EDUCATION. 14
(E) (1) A SCHOOL SHALL PROVIDE MANDATORY TRAINING O R 15
PROGRAMMING TO STUDE NTS ON ENROLLMENT OR EMPLOYEES ON EMPLOYMENT 16
REGARDING THE SCHOOL ’S ANTIDISCRIMINATION POLICIES. 17
(2) A TRAINING OR PROGRAM CONDUCTED UNDER PARA GRAPH (1) 18
OF THIS SUBSECTION S HALL: 19
(I) FOR STUDENTS , BE CONDUCTED AT THE BEGINNING OF 20
EACH SCHOOL YEAR IN STUDENT CLAS SES, A SCHOOL ASSEMBLY , STUDENT 21
ORIENTATION EVENTS , OR AT SIMILAR EVENTS ; AND 22
(II) FOR EMPLOYEES , BE CONDUCTED WITHIN 4 WEEKS OF THE 23
FIRST DAY OF WORK AT A PAR ENT TEACHER ASSOCIAT ION OR ORGANIZATION 24
MEETING, AND PUBLIC MEETINGS OF THE SCHOOL ADMINI STRATIVE OFFICE , LOCAL 25
SCHOOL SYSTEM OFFICE , OR THE OFFICE OF THE GOVERNING BODY OF AN 26
INSTITUTION OF POSTS ECONDARY EDUCATION . 27
(3) IF A SCHOOL DOES NOT HAVE SUFFIC IENT RESOURCES TO 28
PROVIDE THE TRAINING OR PROGRAM REQUIRED IN PARAGRAPH (1) OF THIS 29
SUBSECTION, THE SCHOOL SHALL COORDINATE WITH A COMMUNITY ORG ANIZATION 30
WITH EXPERTISE RELATED TO THE ANTIDISCRIMINATION POLICY TO PROVIDE THE 31
TRAINING TO STUDENTS OR EMPLOYEE S AT NO COST. 32
HOUSE BILL 495 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. 2