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.
*sb0770*
SENATE BILL 770
F1, O4 5lr2070
CF HB 1105
By: Senator Gile
Introduced and read first time: January 27, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Applicants for Positions Involving Direct Contact With Minors – Required 2
Information, Review Process, and Reporting – Alterations 3
Public Schools and Youth Services – Crisis Support and Assistance and 4
Workgroup Study 5
FOR the purpose of requiring child care centers and youth–serving organizations to require 6
applicants for positions involving direct contact with minors to submit certain 7
information; requiring county boards of education, nonpublic schools, and 8
contracting agencies to require applicants for positions involving direct contact with 9
minors to submit certain information relating to certain boundary–violating 10
behavior; requiring child care centers and youth–serving organizations to follow 11
certain procedures when hiring applicants for positions involving direct contact with 12
minors; requiring each county board of education to report certain information to the 13
State Department of Education each year and requiring the Department to compile 14
the information and report to the General Assembly each year; and generally 15
relating to applicants for positions involving direct contact with minors. requiring 16
each local school system to provide crisis support and assistance to a certain public 17
school when a teacher or a certain other school employee is removed from the 18
classroom or school building under certain circumstances; requiring each county 19
board of education to establish a crisis response team and standardized crisis 20
response protocols for a certain purpose; requiring the State Department of 21
Education to convene a certain workgroup to examine the impact on the public school 22
system in the State of adding a certain requirement to the hiring process for certain 23
applicants and the impact on youth–serving organizations of adding certain hiring 24
and registration requirements; and generally relating to crisis support and 25 2 SENATE BILL 770
assistance for public schools and a workgroup to study hiring requirements for 1
youth–serving entities and organizations. 2
BY repealing and reenacting, with amendments, 3
Article – Education 4
Section 6–113.2 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2024 Supplement) 7
BY adding to 8
Article – Education 9
Section 6–113.3 4–147 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Education 14
Section 9.5–401(a) and (c) 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
Article – Education 20
4–147. 21
(A) A LOCAL SCHOOL SYSTEM SHALL PROVIDE CRISIS SUPPORT AND 22
ASSISTANCE TO A PUBL IC SCHOOL IN THE COU NTY WHEN A TEACHER O R OTHER 23
SCHOOL EMPLOYEE WITH DIRECT CONTACT WITH MINORS IS REMOVED FR OM THE 24
CLASSROOM OR SCHOOL BUILDING DUE TO ALLE GED CRIMINAL ACTIVIT Y OR FOR 25
STUDENT SAFETY . 26
(B) TO PROVIDE THE SUPPOR T AND ASSISTANCE FOR AN EVENT UNDER 27
SUBSECTION (A) OF THIS SECTION, EACH COUNTY BOARD SH ALL ESTABLISH: 28
(1) A CRISIS RESPONSE TEAM ; AND 29
(2) STANDARDIZED CRISIS R ESPONSE PROTOCOLS . 30
(C) (1) A CRISIS RESPONSE TEAM ESTABLISHE D UNDER SUBSECTION (B) 31
OF THIS SECTION SHAL L, AT MINIMUM, INCLUDE A TRAUMA –INFORMED COUNSELOR 32
AND LEGAL COUNSEL . 33
SENATE BILL 770 3
(2) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT A CRISI S 1
RESPONSE TEAM BE EST ABLISHED USING THE E XISTING RESOURCES OF THE LOCAL 2
SCHOOL SYSTEM . 3
(D) THE STANDARDIZED CRIS IS RESPONSE PROTOCOL S REQUIRED UNDER 4
SUBSECTION (B) OF THIS SECTION SHAL L INCLUDE: 5
(1) A COMMUNICATIONS PLAN THAT PROVIDES ACCURA TE 6
INFORMATION TO ALL S TAKEHOLDERS IN A SCH OOL’S COMMUNITY , INCLUDING 7
STUDENTS, SCHOOL PERSONNEL , PARENTS AND GUARDIAN S, AND ANY OTHERS , IN A 8
MANNER THAT IS : 9
(I) TIMELY; 10
(II) CLEAR AND INFORMATIVE ; 11
(III) COMPLIANT WITH LEGAL ADVICE; AND 12
(IV) TRAUMA–INFORMED; 13
(2) RESOURCES FOR PARENTS AND GUARDIANS THAT PROVIDE 14
GUIDANCE ON : 15
(I) AGE–APPROPRIATE METHODS TO DISCUSS DIFFICULT 16
TOPICS WITH CHILDREN , INCLUDING BOOKS AND WEBSITES; 17
(II) AGE–APPROPRIATE SYMPTOMS AND BEHAVIORS OF 18
CHILDREN AFFECTED BY TRAUMATIC EVENTS ; AND 19
(III) RELEVANT MEDICAL OR M ENTAL HEALTH PROFESSIONALS 20
AND SERVICES; 21
(3) THE PROVISION OF OR R EFERRAL TO TRAUMA –INFORMED 22
COUNSELING SERVICES FOR STUDENTS AND IMP ACTED FAMILIES ; 23
(4) RESOURCES FOR SCHOOL PERSONNEL THAT PROVI DE GUIDANCE 24
ON: 25
(I) LOCAL SCHOOL SYSTEM P ROCEDURES AND PR OTOCOLS; 26
(II) AGE–APPROPRIATE METHODS TO DISCUSS DIFFICULT 27
TOPICS WITH CHILDREN , INCLUDING BOOKS AND WEBSITES; 28
4 SENATE BILL 770
(III) AGE–APPROPRIATE SYMPTOMS AND BEHAVIORS OF 1
CHILDREN AFFECTED BY TRAUMATIC EVENTS AND WHEN AND TO WHOM TO REFER 2
CHILDREN EXHIBITING RELEVANT SYMPTOMS AN D BEHAVIORS; AND 3
(IV) RELEVANT MEDICAL OR M ENTAL HEALTH PROFESS IONALS 4
AND SERVICES; 5
(5) THE PLACEMENT OF IMPA CTED STUDENTS IN SPA CES IN THE 6
SCHOOL THAT MINIMIZE S TRAUMA; 7
(6) LEGAL GUIDANCE FROM T HE LOCAL SCHOOL SYST EM ATTORNEY ; 8
AND 9
(7) ANY OTHER INFORMATION DETERMINED RELEVANT BY THE 10
COUNTY BOARD . 11
(E) A LOCAL SCHOOL SYSTEM SHALL: 12
(1) PROVIDE TO EACH PRINC IPAL AND AT LEAST ON E OTHER 13
DESIGNATED ADMINISTR ATOR OF A SCHOOL IN THE COUNTY: 14
(I) A COPY OF AND TRAINING ON THE USE OF THE 15
STANDARDIZED CRISIS RESPONSE PROTOCOLS E STABLISHED UNDER SUB SECTION 16
(B) OF THIS SECTION; 17
(II) CLEAR GUIDANCE ON WHE N AND HOW TO ACTIVAT E THE 18
CRISIS RESPONSE TEAM ; AND 19
(III) ANY OTHER ASSISTANCE CONSISTENT WITH THE INTENT OF 20
THE REQUIREMENTS OF SUBS ECTION (A) OF THIS SECTION; 21
(2) ESTABLISH A METHOD FO R RECEIVING FEEDBACK FROM 22
PRINCIPALS AND OTHER LOCAL SCHOOL SYSTEM STAKEHOLDERS ON THE 23
EFFECTIVENESS OF THE STANDARDIZED CRISIS RESPONSE PROTOCOLS A ND CRISIS 24
RESPONSE TEAM ; AND 25
(3) CONTINUALLY UPDATE TH E STANDARDIZED CRISI S RESPONSE 26
PROTOCOLS BASED ON : 27
(I) FEEDBACK FROM SCHOOL PRINCIPALS AND 28
STAKEHOLDERS ; 29
(II) UPDATED BEST PRACTICE S; AND 30
SENATE BILL 770 5
(III) A REVIEW BY THE LOCAL SCHOOL SYSTEM AFTER THE 1
CONCLUSION OF AN EVE NT UNDER SUBSECTION (A) OF THIS SECTION REQU IRING 2
ACTIVATION OF THE ST ANDARDIZED CRISIS RE SPONSE PROTOCOLS AND CRISIS 3
RESPONSE TEAM . 4
6–113.2. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “BOUNDARY–VIOLATING BEHAVIOR ” MEANS AN ADULT BEHAVING 7
IN A MANNER THAT : 8
(I) COMPROMISES THE SAFET Y AND WELL–BEING OF A MINOR ; 9
(II) IS EXPLOITATIVE OR HA RMFUL TO A MINOR ; OR 10
(III) IS OTHERWISE INAPPROP RIATE, INCLUDING UNWANTED 11
PHYSICAL CONTACT , EMOTIONAL MANIPULATI ON OR ABUSE , OR SHARING 12
INAPPROPRIATE INFORM ATION. 13
(3) “CHILD CARE CENTER ” HAS THE MEANING STAT ED IN § 9.5–401 14
OF THIS ARTICLE. 15
[(2)] (4) “Child sexual abuse” has the meaning stated in § 6–113.1 of this 16
subtitle. 17
[(3)] (5) (i) “Contracting agency” means an entity that contracts with 18
a county board or nonpublic school to provide a service to a school or the students of a 19
school. 20
(ii) “Contracting agency” includes an entity that provides 21
transportation to and from a school using a vehicle other than a Type I or Type II school 22
vehicle, in accordance with § 7–801 of this article. 23
[(4)] (6) “Direct contact with minors” means the care, supervision, 24
guidance, or control of, or routine interaction with, a minor. 25
[(5)] (7) “Emergent employee” means an employee hired by a county 26
board or nonpublic school without completing the employment history review required 27
under this section. 28
[(6)] (8) “School” means a public or nonpublic school. 29
[(7)] (9) “Sexual misconduct” has the meaning stated in § 6–113.1 of this 30
subtitle. 31 6 SENATE BILL 770
(10) “YOUTH–SERVING ORGANIZATION ” MEANS AN ORGANIZATIO N, AN 1
INSTITUTION, AN AGENCY, A GOVERNMENT PROGRAM , A COMMUNITY GROUP , OR 2
ANY OTHER ENTITY THA T IS RESPONSIBLE FOR THE CARE, SUPERVISION, GUIDANCE, 3
EDUCATION, DEVELOPMENT , OR TRAINING OF M INORS, INCLUDING AFTER SCHO OL 4
PROGRAMS, MENTOR PROGRAMS , SUMMER CAMPS , AND RECREATIONAL SPO RTS 5
LEAGUES AND TEAMS . 6
(b) A county board, nonpublic school, CHILD CARE CENTER , YOUTH–SERVING 7
ORGANIZATION , or contracting agency shall require an applicant for a position involving 8
direct contact with minors to submit: 9
(1) The contact information of the following employers: 10
(i) The current employer; 11
(ii) All former school employers, including employers for which the 12
applicant was an emergent employee; and 13
(iii) All former employers of the applicant in which the applicant was 14
employed in a position involving direct contact with minors within the previous 10 years; 15
(2) A written consent form, signed by the applicant, authorizing an 16
employer listed under item (1) of this subsection to release all records relating to child 17
sexual abuse [or], sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR ; [and] 18
(3) A written statement of whether the applicant: 19
(i) Has been the subject of a child sexual abuse [or], sexual 20
misconduct, OR BOUNDARY –VIOLATING BEHAVIOR investigation by any employer, 21
arbitrator, county board, State licensing agency, law enforcement agency, or child 22
protective services agency, unless the investigation resulted in a finding by: 23
1. The employer that allegations that the applicant engaged 24
in sexual misconduct OR BOUNDARY –VIOLATING BEHAVIOR lacked sufficient evidence 25
according to the policies of the county board [or], nonpublic school, CHILD CARE CENTER , 26
OR YOUTH–SERVING ORGANIZATION ; 27
2. An arbitrator or a county board to reject any disciplinary 28
action in response to allegations that the applicant engaged in sexual misconduct OR 29
BOUNDARY–VIOLATING BEHAVIOR ; 30
3. A State licensing agency that allegations that the 31
applicant engaged in sexual misconduct OR BOUNDARY –VIOLATING BEHAVIOR lacked 32
sufficient evidence according to: 33
SENATE BILL 770 7
A. State law; or 1
B. The policies of the county board [or], nonpublic school, 2
CHILD CARE CENTER , OR YOUTH–SERVING ORGANIZATION ; 3
4. A law enforcement agency that allegations that the 4
applicant engaged in child sexual abuse were unfounded; or 5
5. A child protective services agency that allegations that the 6
applicant engaged in child sexual abuse were ruled out; 7
(ii) Has ever been disciplined, discharged, nonrenewed, or asked to 8
resign from employment, or has ever resigned from or otherwise separated from any 9
employment while allegations of child sexual abuse [or], sexual misconduct, OR 10
BOUNDARY–VIOLATING BEHAVIOR were pending or were under investigation, or due to 11
an adjudication or findings of child sexual abuse [or], sexual misconduct, OR 12
BOUNDARY–VIOLATING BEHAVIOR ; or 13
(iii) Has ever had a license, professional license, or certificate 14
suspended, surrendered, or revoked while allegations of child sexual abuse [or], sexual 15
misconduct, OR BOUNDARY–VIOLATING BEHAVIOR were pending or under investigation, 16
or due to an adjudication or findings of child sexual abuse [or], sexual misconduct, OR 17
BOUNDARY–VIOLATING BEHAVIOR ; AND 18
(4) A CHILD PROTECTIVE SER VICES BACKGROUND CLE ARANCE 19
FORM, WHICH THE APPLICANT HAS NOTARI ZED AND SUBMITS ELEC TRONICALLY 20
THROUGH THE DEPARTMENT OF HUMAN SERVICES’ MYDHR WEB PORTAL . 21
(c) Except as provided in subsection (g) of this section, before hiring an applicant 22
for a position involving direct contact with minors, the county board, nonpublic school, 23
CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or contracting agency shall: 24
(1) Review an applicant’s employment history by contacting the employers 25
listed by the applicant under subsection (b)(1) of this section and requesting the following 26
information: 27
(i) The dates of employment of the applicant; and 28
(ii) Answers to the questions regarding child sexual abuse [or], 29
sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR required under subsection 30
(b)(3) of this section; [and] 31
(2) Request a report from the Department regarding the applicant’s 32
eligibility for employment or certification status to determine whether the applicant: 33
8 SENATE BILL 770
(i) Holds a valid and active certification appropriate for the position 1
and is otherwise eligible for employment; and 2
(ii) Has been the subject of professional discipline related to child 3
sexual abuse [or], sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR ; AND 4
(3) REQUEST A CHILD PROTE CTIVE SERVICES BACKG ROUND 5
CLEARANCE FROM THE DEPARTMENT OF HUMAN SERVICES TO DETERMINE IF THE 6
APPLICANT HAS BEEN I DENTIFIED AS RESPONS IBLE FOR THE ABUSE O R NEGLECT 7
OF A CHILD IN ANY RE CORD MAINTAINED BY T HE DEPARTMENT OF HUMAN 8
SERVICES, ANY LOCAL DEPARTMENT OF SOCIAL SERVICES , OR CHILD PROTECTIVE 9
SERVICES. 10
(d) (1) Not later than 20 days after receiving a request for information under 11
subsection (c) of this section, an employer shall send to the county board, nonpublic school, 12
CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or contracting agency the 13
information requested on the form prescribed by the Department. 14
(2) If the information from an employer includes an affirmative response 15
to the child sexual abuse [or], sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR 16
questions under subsection (b)(3) of this section, and the county board, nonpublic school, 17
CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or contracting agency makes 18
a determination to further consider the applicant for employment, the county board, 19
nonpublic school, CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or 20
contracting agency shall request that the former employer provide additional information 21
about the information provided, including all records related to child sexual abuse [or], 22
sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR . 23
(3) An employer that receives a request for additional information under 24
paragraph (1) of this subsection shall provide the additional information within 60 days of 25
the date of the prospective employer’s request to: 26
(i) The requesting county board, nonpublic school, CHILD CARE 27
CENTER, YOUTH–SERVING ORGANIZATION , or contracting agency; and 28
(ii) The applicant who is under consideration for employment. 29
(e) (1) A county board [or], nonpublic school, CHILD CARE CENTER , OR 30
YOUTH–SERVING ORGANIZATI ON may hire an applicant as an emergent employee for a 31
period not to exceed 60 days pending the review of information and records required under 32
this section only if: 33
(i) The applicant has provided all the information and supporting 34
documentation required under this section; 35
SENATE BILL 770 9
(ii) An employer has no knowledge of information regarding the 1
applicant that would disqualify the applicant from employment; 2
(iii) The applicant swears or affirms that the applicant is not 3
disqualified from employment; and 4
(iv) The applicant is not authorized to work alone with minors unless 5
the applicant: 6
1. Works in the immediate vicinity of a permanent employee; 7
or 8
2. If the applicant is a school vehicle driver, is subject to 9
audio and video monitoring and recording, which is promptly reviewed by school 10
administrators. 11
(2) Based on the employment history review required under subsection (c) 12
of this section, at any time within 60 days after hiring an applicant as an emergent 13
employee, the county board [or], nonpublic school, CHILD CARE CENTER , OR 14
YOUTH–SERVING ORGANIZATION may: 15
(i) Rescind the offer of employment; or 16
(ii) Complete the emergent employee’s hiring process, in accordance 17
with the provisions of this title, with any executed contract reflecting the first day worked 18
as an emergent employee. 19
(3) Within 60 days after hiring an applicant as an emergent employee, a 20
county board’s decision to dismiss the emergent employee, for any reason other than child 21
sexual abuse [or], sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR , may be 22
appealed: 23
(i) In accordance with § 4–205 of this article; 24
(ii) In accordance with the collective bargaining agreement 25
applicable to the emergent employee; or 26
(iii) If applicable, in accordance with § 6–202 of this title. 27
(f) (1) A county board [or], nonpublic school, CHILD CARE CENTER , OR 28
YOUTH–SERVING ORGANIZATION is authorized to share an employment history review 29
required under subsection (c) of this section with other county boards [and], nonpublic 30
schools, CHILD CARE CENTERS , AND YOUTH–SERVING ORGANIZATION S. 31
(2) A contracting agency is authorized to share an employment history 32
review required under subsection (c) of this section with other contracting agencies. 33 10 SENATE BILL 770
(g) (1) A county board [or], nonpublic school, CHILD CARE CENTER , OR 1
YOUTH–SERVING ORGANIZATION may use an employment history review completed by 2
a current or former employer in the manner required under subsection (c) of this section if 3
the employer is a county board [or], nonpublic school, CHILD CARE CENTER , OR 4
YOUTH–SERVING ORGANIZATION and the applicant: 5
(i) Swears or affirms that the completed employment history review 6
includes all prior employment required to be reported under this section; and 7
(ii) Provides information about any employment subsequent to the 8
previous employment history review by the current or former county board [or], nonpublic 9
school, CHILD CARE CENTER , OR YOUTH–SERVING ORGANIZATION . 10
(2) A contracting agency may use an employment history review completed 11
by a current or former employer in the manner required under subsection (c) of this section 12
if the employer is a contracting agency and the applicant: 13
(i) Swears or affirms that the completed employment history review 14
includes all prior employment required to be reported under this section; and 15
(ii) Provides information about any employment subsequent to the 16
previous employment history review by the contracting agency. 17
(h) (1) (i) A county board, nonpublic school, CHILD CARE CENTER , 18
YOUTH–SERVING ORGANIZATION , or contracting agency shall conduct an employment 19
history review of an applicant for a substitute position involving direct contact with minors 20
as required under subsection (c) of this section before the initial hiring of the substitute 21
employee or placement on the approved substitute employee list of the county board, 22
nonpublic school, CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or 23
contracting agency. 24
(ii) An employment history review of a substitute employee shall 25
remain valid as long as the substitute employee continues to be employed by the same 26
county board or remains on the approved substitute employee list of the nonpublic school, 27
CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or contracting agency. 28
(2) If a substitute employee is seeking to be added to the substitute 29
employee list of another county board, nonpublic school, CHILD CARE CENTER , 30
YOUTH–SERVING ORGANIZATION , or contracting agency, a new employment history 31
review in accordance with subsection (c) of this section is required. 32
(3) The appearance of a substitute employee on the substitute employee 33
list of one county board, nonpublic school, CHILD CARE CENTER , YOUTH–SERVING 34
ORGANIZATION , or contracting agency does not relieve another county board, nonpublic 35 SENATE BILL 770 11
school, CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or contracting agency 1
of the duty of compliance with this section. 2
(4) An employment history review conducted on the initial hiring of a 3
substitute employee by a contracting agency, an intermediate unit, or any other entity that 4
provides substitute staffing services to a county board [or a], nonpublic school, CHILD 5
CARE CENTER , OR YOUTH–SERVING ORGANIZATION shall satisfy the requirements of 6
this section for all school entities using the services of that contracting agency, intermediate 7
unit, or other entity. 8
(5) A contracting agency, an intermediate unit, or any other entity 9
providing substitute staffing services to a school entity shall comply with the provisions of 10
this section. 11
(i) (1) (i) A contracting agency shall conduct an employment history 12
review of an applicant for employment with the contracting agency as required under 13
subsection (c) of this section: 14
1. At the time of the initial hiring of the employee; or 15
2. Before the employee is assigned to work for a school entity 16
in a position involving direct contact with minors. 17
(ii) The employment history review under subparagraph (i) of this 18
paragraph shall remain valid as long as the employee continues to be employed by the 19
hiring contracting agency. 20
(iii) A contracting agency shall: 21
1. Maintain a record of each employee’s employment history 22
review required under this subsection; and 23
2. On request of the school entity to which an employee is 24
assigned, provide access to the contracting agency’s records of that employee. 25
(2) (i) Before assigning an employee to perform work for a school entity 26
in a position involving direct contact with minors, a contracting agency shall provide notice 27
to the school entity of any affirmative responses to the child sexual abuse [or], sexual 28
misconduct, OR BOUNDARY –VIOLATING BEHAVIOR questions required under subsection 29
(b)(3) of this section. 30
(ii) A contracting agency may not assign an employee to perform 31
work for a school entity in a position involving direct contact with minors if the school entity 32
objects to the assignment after receiving the notice required under subparagraph (i) of this 33
paragraph. 34
12 SENATE BILL 770
(j) (1) Information and records about an applicant received by a county board, 1
nonpublic school, CHILD CARE CENTER , YOUTH–SERVING ORGANIZATION , or 2
contracting agency under this section are not a public record for the purposes of the 3
Maryland Public Information Act. 4
(2) A county board, nonpublic school, CHILD CARE CENTER , 5
YOUTH–SERVING ORGANIZATION , or contracting agency that receives information and 6
records from an employer about an applicant under this section may: 7
(i) Use the information and records for the purpose of evaluating the 8
applicant’s fitness to be hired or for continued employment; and 9
(ii) Report the information to the Department, a State licensing 10
agency, a law enforcement agency, a child protective services agency, another school entity, 11
or any other prospective employer, as appropriate. 12
(k) (1) A county board, nonpublic school, CHILD CARE CENTER , 13
YOUTH–SERVING ORGANIZATION , or contracting agency may not enter into a collective 14
bargaining agreement, an employment contract, an agreement for resignation or 15
termination, a severance agreement, or any other contract or agreement that: 16
(i) Has the effect of suppressing information relating to an 17
investigation or disciplinary action in response to a report of suspected child sexual abuse 18
[or], sexual misconduct, OR BOUNDARY –VIOLATING BEHAVIOR by a current or former 19
employee; 20
(ii) Affects the ability of the county board, nonpublic school, CHILD 21
CARE CENTER , YOUTH–SERVING ORGANIZATION , or contracting agency to report 22
suspected child sexual abuse [or], sexual misconduct, OR BOUNDARY–VIOLATING 23
BEHAVIOR to the appropriate authorities; or 24
(iii) Requires the county board, nonpublic school, CHILD CARE 25
CENTER, YOUTH–SERVING ORGANIZATION , or contracting agency to expunge 26
information about allegations or findings of suspected child sexual abuse [or], sexual 27
misconduct, OR BOUNDARY –VIOLATING BEHAVIOR from any document maintained by 28
the employer unless the investigation resulted in a finding by: 29
1. The employer that allegations that the applicant engaged 30
in sexual misconduct OR BOUNDARY–VIOLATING BEHAVIOR lacked sufficient evidence 31
according to the policies of the county board [or], nonpublic school, CHILD CARE CENTER , 32
OR YOUTH–SERVING ORGANIZATION ; 33
2. An arbitrator or a county board to reject any disciplinary 34
action in response to allegations that the applicant engaged in sexual misconduct OR 35
BOUNDARY–VIOLATING BEHAVIOR ; 36 SENATE BILL 770 13
3. A State licensing agency that allegations that the 1
applicant engaged in sexual misconduct OR BOUNDARY –VIOLATING BEHAVIOR lacked 2
sufficient evidence according to: 3
A. State law; or 4
B. The policies of the county board [or], nonpublic school, 5
CHILD CARE CENTER , OR YOUTH–SERVING ORGANIZATION ; 6
4. A law enforcement agency that allegations that the 7
applicant engaged in child sexual abuse were unfounded; or 8
5. A child protective services agency that allegations that the 9
applicant engaged in child sexual abuse were ruled out. 10
(2) A provision of an employment contract, an agreement for resignation or 11
termination, or a severance agreement that is executed, amended, or entered into on or 12
after July 1, 2019, and that is contrary to this section is void and unenforceable. 13
(l) If there is a lapse in the operation of or the Department suspends the use of a 14
system or database that the Department uses to check an applicant’s eligibility for 15
employment or certification status, the Department shall notify the county boards, 16
nonpublic schools, CHILD CARE CENTERS , YOUTH–SERVING ORGANIZATION S, and any 17
contracting agencies within 48 hours of the lapse or the suspension of the use of the system 18
or database. 19
(m) (1) A person acting in good faith may not be held liable for disclosing any 20
information or records related to child sexual abuse [or], sexual misconduct, OR 21
BOUNDARY–VIOLATING BEHAVIOR about a current or former employee’s professional 22
conduct or reason for termination of employment to a county board, a nonpublic school, A 23
CHILD CARE CENTER , A YOUTH–SERVING ORGANIZATION , a contracting agency, the 24
Department, or any other potential employer in accordance with this section unless the 25
person: 26
(i) Acted with actual malice toward the employee or former 27
employee; or 28
(ii) Intentionally or recklessly disclosed false information about the 29
employee or former employee. 30
(2) The immunity from liability under paragraph (1) of this subsection 31
shall be in addition to, and not a limitation of, any other immunity provided by law or any 32
absolute or conditional privilege applicable to the disclosure of information or records or 33
the applicant’s consent to the disclosure. 34
14 SENATE BILL 770
(n) (1) An applicant who provides false information or willfully fails to disclose 1
material information required under this section shall be subject to professional discipline, 2
including termination or denial of employment, and may be subject to professional 3
discipline in accordance with the regulations of the Department. 4
(2) (i) Subject to subparagraph (ii) of this paragraph, the willful failure 5
of an employer or former employer to respond to or provide the information and records 6
requested by a county board, nonpublic school, CHILD CARE CENTER , YOUTH–SERVING 7
ORGANIZATION , or contracting agency under this section may result in civil penalties or 8
professional discipline, if appropriate. 9
(ii) An employer or a former employer may not be held liable for 10
failure to respond to a request for information about an applicant under this section if: 11
1. The laws of the state in which the employer or former 12
employer is located prohibit the release of the information or records requested; or 13
2. The disclosure of the information and records requested is 14
restricted by the terms of a contract entered into on or before June 30, 2019. 15
(3) (i) Notwithstanding any other provision of law, the Department 16
may initiate disciplinary action before a hearing officer in accordance with the 17
Department’s regulations against an applicant, an employee, a contracting agency, or a 18
school administrator for willful violations of this section. 19
(ii) The Department may adopt regulations establishing procedures 20
for disciplinary proceedings and the assessment of penalties in accordance with this section. 21
(o) Nothing in this section shall be construed: 22
(1) To prevent a county board, nonpublic school, CHILD CARE CENTER , 23
YOUTH–SERVING ORGANIZATION , or contracting agency from: 24
(i) Conducting further investigations of prospective employees; 25
(ii) Requesting applicants to provide additional background 26
information or authorizations beyond the information or authorizations required under this 27
section; or 28
(iii) Requesting that an employer or a former employer provide more 29
information than is required under this section; 30
(2) To relieve a county board, a nonpublic school, A CHILD CARE CENTER , 31
A YOUTH–SERVING ORGANIZATION , a contracting agency, or any other mandated 32
reporter of the legal responsibility to report suspected incidents of child sexual abuse or 33 SENATE BILL 770 15
sexual misconduct in accordance with State law or the reporting requirements of the 1
Department; or 2
(3) To prohibit the right of an exclusive representative under a collective 3
bargaining agreement to grieve and arbitrate the validity of an employee’s termination or 4
discipline for just cause or for the causes set forth in this section. 5
6–113.3. 6
(A) ON OR BEFORE SEPTEMBER 1, 2025, AND EACH SEPTEMBER 1 7
THEREAFTER , EACH COUNTY BOARD SH ALL REPORT TO THE DEPARTMENT : 8
(1) THE TRAINING PROGRAM AND INSTRUCTION DEVE LOPED AND 9
IMPLEMENTED UNDER § 6–113.1 OF THIS SUBTITLE; 10
(2) THE POLICIES AND PROC EDURES FOR SCREENING APPLICANTS 11
FOR POSITIONS INVOLV ING DIRECT CONTACT W ITH MINORS UNDER § 6–113.2 OF 12
THIS SUBTITLE; AND 13
(3) THE EMPLOYEE CODE OF CONDUCT FOR THE COUN TY BOARD AND 14
EACH NONPUBLIC SCHOO L AND CONTRACTING AG ENCY IN THE COUNTY . 15
(B) ON OR BEFORE DECEMBER 1, 2025, AND EACH DECEMBER 1 16
THEREAFTER , THE DEPARTMENT SHALL COMP ILE AND REPORT THE I NFORMATION 17
RECEIVED UNDER SUBSE CTION (A) OF THIS SECTION TO T HE GENERAL ASSEMBLY, 18
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 19
9.5–401. 20
(a) In this subtitle the following words have the meanings indicated. 21
(c) (1) “Child care center” means an agency, institution, or establishment that, 22
for part or all of a day, or on a 24–hour basis on a regular schedule, and at least twice a 23
week, offers or provides child care to children who do not have the same parentage except 24
as otherwise provided for in law or regulation. 25
(2) “Child care center” shall include a nonpublic nursery school in which 26
an instructional program is offered or provided for children who are under the age of 5 27
years. 28
(3) “Child care center” does not include: 29
(i) A nonpublic kindergarten in which an instructional program is 30
offered or provided for children who are at least 5 years old; 31
16 SENATE BILL 770
(ii) A nonpublic elementary school in which an instructional 1
program is offered or provided for children who are in grades 1 through 8; 2
(iii) A child care home, a child care institution, or other child care 3
facility that offers or provides a residential placement for a child and is established, 4
licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of 5
the Health – General Article; or 6
(iv) A family child care home or large family child care home that is 7
required to be registered or is registered under this title. 8
SECTION 2. AND BE IT FURTHER ENACTED, That: 9
(a) The State Department of Education shall convene a diverse stakeholder 10
workgroup to examine the impact on: 11
(1) the public school systems in the State of adding a requirement to the 12
hiring process for applicants for a position involving direct contact with minors to include 13
information regarding the applicant’s history of boundary–violating behavior; and 14
(2) youth–serving organizations in the State of adding requirements for 15
hiring personnel and organization registration with an appropriate government agency. 16
(b) (1) The State Superintendent of Schools shall select the members of the 17
workgroup. 18
(2) The workgroup shall, at minimum, include representation from: 19
(i) the Maryland State’s Attorneys’ Association; 20
(ii) the Maryland Chapter of the Academy of Pediatrics; 21
(iii) the Maryland State Child Care Association; 22
(iv) the Maryland State Family Child Care Association; 23
(v) the State Council on Child Abuse and Neglect; 24
(vi) the Maryland Association of Counties; 25
(vii) the Maryland Municipal League; 26
(viii) the Maryland Department of Health; and 27
(ix) a child advocacy center. 28
SENATE BILL 770 17
(c) (1) In this subsection, “boundary–violating behavior” means an adult 1
behaving in a manner that: 2
(i) compromises the safety and well–being of a minor; 3
(ii) is exploitative or harmful to a minor; or 4
(iii) is otherwise inappropriate, including unwanted physical contact, 5
emotional manipulation or abuse, or sharing inappropriate information. 6
(2) The workgroup shall review the definition of boundary–violating 7
behavior to determine whether it is sufficiently precise, specific, and unambiguous to be 8
clearly understood by employers to describe a specific set of behaviors and actions that are 9
harmful to minors and distinct from existing criminal behaviors. 10
(3) If the workgroup does not find that the definition of boundary–violating 11
behavior set forth in paragraph (1) of this subsection is sufficiently precise, specific, and 12
unambiguous, the workgroup shall recommend a definition of boundary–violating behavior 13
that meets the criteria in paragraph (1) of this subsection, if possible. 14
(4) The workgroup shall examine the impact on the public school system in 15
Maryland of implementing a change to the hiring process requiring an applicant for a 16
position involving direct contact with minors to include information regarding the 17
applicant’s history of boundary–violating behavior, as defined under paragraph (1) or (3) of 18
this subsection, in the following areas for cost, administrative burden, and timeliness: 19
(i) hiring process; 20
(ii) licensing; 21
(iii) training and professional development; and 22
(iv) enforcement. 23
(d) (1) In this subsection, “youth–serving organization” means an 24
organization, an institution, an agency, a government program, a community group, or any 25
other entity that is responsible for the care, supervision, guidance, education, development, 26
or training of minors, including after school programs, mentor programs, summer camps, 27
and recreational sports leagues and teams. 28
(2) The workgroup shall review the definition of youth –serving 29
organization to determine whether it is sufficiently precise, specific, and unambiguous to 30
be clearly understood by an organization that would be subject to potential hiring and 31
registration requirements that the organization is subject to those requirements. 32
(3) If the workgroup does not find that the definition of youth–serving 33
organization set forth in paragraph (1) of this subsection is sufficiently precise, specific, and 34 18 SENATE BILL 770
unambiguous, the workgroup shall recommend a definition of youth–serving organization 1
that meets the criteria in paragraph (1) of this subsection, if possible. 2
(4) The workgroup shall examine the impact on youth –serving 3
organizations in the State by implementing a change to the hiring process requiring an 4
applicant for a position involving direct contact with minors to include information 5
regarding the applicant’s history of boundary–violating behavior, as defined under 6
subsection (c)(1) or (3) of this section, in the following areas for cost, administrative burden, 7
and timeliness: 8
(i) hiring process; 9
(ii) licensing, if applicable; 10
(iii) training; and 11
(iv) enforcement. 12
(5) The workgroup shall discuss and recommend an appropriate State 13
government agency to administer a registration process and provide oversight for any 14
hiring requirements for youth–serving organizations. 15
(e) On or before December 1, 2025, the State Department of Education shall 16
submit a report on the findings and recommendations of the workgroup established under 17
this section to the General Assembly, in accordance with § 2–1257 of the State Government 18
Article. 19
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
July 1, 2025. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.