Text of MD HB 119 (2023)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0119* HOUSE BILL 119 F1 3lr0901 (PRE–FILED) By: Delegate Atterbeary Requested: November 18, 2022 Introduced and read first time: January 11, 2023 Assigned to: Ways and Means A BILL ENTITLED AN ACT concerning 1 Primary and Secondary Education – Comprehensive Health Education 2 Framework – Established 3 FOR the purpose of requiring the State Department of Education, in collaboration with the 4 Maryland Department of Health, to develop a comprehensive health education 5 framework; requiring each county board of education to create an age–appropriate 6 curriculum that is consistent with the comprehensive health education framework; 7 requiring each county board to establish a method by which a parent or guardian 8 may opt out of certain topics, subject to certain requirements; requiring each county 9 board to report each year to the State Department of Education on certain actions; 10 and generally relating to the establishment of a comprehensive health education 11 framework in public schools. 12 BY repealing and reenacting, with amendments, 13 Article – Education 14 Section 7–401 15 Annotated Code of Maryland 16 (2022 Replacement Volume) 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 7–401. 21 (a) With the assistance of the county health department, each county board shall 22 provide: 23 (1) Adequate school health services; 24 2 HOUSE BILL 119 (2) Instruction in health education, including the importance of physical 1 activity in maintaining good health; and 2 (3) A healthful school environment. 3 (b) The Department [of Education] and the Maryland Department of Health 4 jointly shall: 5 (1) Develop public standards and guidelines for school health programs; 6 and 7 (2) Offer assistance to the county boards and county health departments 8 in their implementation. 9 (c) (1) THE DEPARTMENT, IN CONSULTATION WITH THE MARYLAND 10 DEPARTMENT OF HEALTH, SHALL DEVELOP A COMPREHENSIVE HEALTH 11 EDUCATION FRAMEWORK. 12 (2) THE DEPARTMENT SHALL UPDATE THE COMPREHENSIVE 13 HEALTH EDUCATION FRAMEWORK IN THE MANNER AND AT THE TIME THE STATE 14 SUPERINTENDENT DETERMINES IS NECESSARY. 15 (3) THE COMPREHENSIVE HEALTH EDUCATION FRAMEWORK SHALL, 16 AT A MINIMUM, INCLUDE THE FOLLOWING TOPICS: 17 (I) HEALTH PROMOTION; 18 (II) MENTAL AND EMOTIONAL HEALTH; 19 (III) SUBSTANCE ABUSE PREVENTION; 20 (IV) FAMILY LIFE AND HUMAN SEXUALITY; 21 (V) GENDER IDENTITY AND SEXUAL ORIENTATION; 22 (VI) SAFETY AND VIOLENCE PREVENTION; 23 (VII) HEALTHY EATING; AND 24 (VIII) DISEASE PREVENTION AND CONTROL. 25 (4) (I) EACH COUNTY BOARD SHALL CREATE AN 26 AGE–APPROPRIATE CURRICULUM THAT IS CONSISTENT WITH THE COMPREHENSIVE 27 HOUSE BILL 119 3 HEALTH EDUCATION FRAMEWORK. 1 (II) IN DEVELOPING A CURRICULUM UNDER THIS PARAGRAPH, 2 EACH COUNTY BOARD SHALL ESTABLISH A COMMITTEE COMPOSED OF EDUCATORS, 3 HEALTH EXPERTS, AND MEMBERS OF THE LOCAL COMMUNITY TO REVIEW AND 4 COMMENT ON WHETHER CURRICULUM MATERIALS ARE CONSISTENT WITH THE 5 COMPREHENSIVE HEALTH EDUCATION FRAMEWORK. 6 (5) (I) SUBJECT TO SUBPARAGRAPHS (II) AND (III) OF THIS 7 PARAGRAPH, EACH COUNTY BOARD SHALL ESTABLISH POLICIES, GUIDELINES, AND 8 PROCEDURES FOR A PARENT OR GUARDIAN TO OPT OUT OF THE FAMILY LIFE AND 9 HUMAN SEXUALITY OR THE GENDER IDENTITY AND SEXUAL ORIENTATION TOPICS 10 FOR THE PARENT OR GUARDIAN’S STUDENT IN EACH GRADE IN WHICH THOSE 11 TOPICS ARE TAUGHT. 12 (II) THE COUNTY BOARD MAY NOT AUTHORIZE A PARENT OR 13 GUARDIAN TO OPT THE PARENT OR GUARDIAN’S STUDENT OUT OF EDUCATION 14 RELATING TO HIV AND AIDS PREVENTION. 15 (III) EACH COUNTY BOARD SHALL IDENTIFY APPROPRIATE 16 ALTERNATIVE LEARNING OBJECTIVES AND MEASURABLE GOALS THAT MEET STATE 17 AND LOCAL HEALTH EDUCATION REQUIREMENTS FOR A STUDENT WHOSE PARENT 18 OR GUARDIAN HAS ELECTED TO OPT THE STUDENT OUT OF A PARTICULAR TOPIC 19 UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 20 (6) ON OR BEFORE JUNE 15, 2024, AND EACH JUNE 15 THEREAFTER, 21 EACH COUNTY BOARD SHALL SUBMIT A REPORT TO THE DEPARTMENT DESCRIBING 22 THE ACTIONS TAKEN BY THE COUNTY BOARD TO COMPLY WITH THE REQUIREMENTS 23 IN PARAGRAPHS (4) AND (5) OF THIS SUBSECTION. 24 (D) (1) (i) Each county board shall designate a school health services 25 program coordinator. 26 (ii) A county board may authorize the county health department to 27 designate the school health services program coordinator. 28 (2) The school health services program coordinator shall: 29 (i) Implement State and local health policies in the public schools; 30 (ii) Ensure that public schools adhere to local health services 31 guidelines; and 32 (iii) Communicate State and local health policies to the parents and 33 4 HOUSE BILL 119 guardians of public school students. 1 (3) (i) Except as provided in subparagraph (ii) of this paragraph, the 2 county board shall grant the school health services program coordinator the authority to 3 carry out the provisions of this subsection. 4 (ii) The county board shall consult with a county superintendent 5 before any change in the hiring or termination of personnel in connection with a school 6 health services program. 7 (4) The Department of Education shall conduct at least two meetings 8 annually with all school health services program coordinators in the State. 9 [(d)] (E) On or before December 1, 2015, and every 5 years thereafter, the 10 Department shall report to the Governor and, subject to § 2–1257 of the State Government 11 Article, to the General Assembly a summary of the information reported to the State 12 Superintendent during the COMAR certification process. 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 1, 2023. 15