Text of MD HB 1385 (2025)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1385* HOUSE BILL 1385 F1 5lr3013 CF SB 948 By: Delegates Miller, Baker, Hinebaugh, Hornberger, McComas, T. Morgan, Pippy, Reilly, Rose, Stonko, Tomlinson, Valentine, and Wivell Introduced and read first time: February 7, 2025 Assigned to: Ways and Means A BILL ENTITLED AN ACT concerning 1 Children – Parental Rights – Educational Rights 2 FOR the purpose of requiring each county board of education, in consultation with certain 3 individuals, to develop and implement a certain policy to promote parental 4 involvement in students’ education; establishing a complaint and appeals process for 5 violations of a certain policy; and generally relating to the policy promoting the 6 involvement of parents in children’s education. 7 BY adding to 8 Article – Education 9 Section 7–136 10 Annotated Code of Maryland 11 (2022 Replacement Volume and 2024 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Education 15 7–136. 16 (A) (1) EACH COUNTY BOARD, IN CONSULTATION WITH PARENTS, 17 TEACHERS, AND SCHOOL PERSONNEL, SHALL DEVELOP AND IMPLEMENT A POLICY 18 TO PROMOTE THE INVOLVEMENT OF THE PARENTS IN THE EDUCATION OF STUDENTS 19 IN THE COUNTY. 20 (2) THE POLICY DEVELOPED UNDER THIS SUBSECTION SHALL 21 INCLUDE A PLAN FOR: 22 2 HOUSE BILL 1385 (I) INCREASING PARENT PARTICIPATION IN SCHOOLS; AND 1 (II) IMPROVING PARENT AND TEACHER COOPERATION IN 2 AREAS RELATING TO HOMEWORK, ATTENDANCE, AND DISCIPLINE. 3 (3) THE POLICY DEVELOPED UNDER THIS SUBSECTION SHALL 4 INCLUDE PROCEDURES FOR: 5 (I) PARENTS TO REVIEW AND EXAMINE ALL CURRICULA AND 6 INSTRUCTIONAL MATERIALS BEING TAUGHT TO A STUDENT, INCLUDING PROVIDING 7 A MEANS TO READ AND REVIEW OR COPY AND RECORD, AT COST, ALL CURRICULA, 8 INSTRUCTIONAL MATERIALS, AND ANY TEACHER TRAINING MATERIALS USED BY 9 THE STUDENT’S TEACHER BY ANY OF THE FOLLOWING METHODS: 10 1. PUBLICATION ON A PUBLICLY AVAILABLE WEBSITE; 11 OR 12 2. A WRITTEN COPY PROVIDED TO PARENTS ON 13 REQUEST; 14 (II) PARENTS TO BE INFORMED ON THE NATURE AND PURPOSE 15 OF ALL SCHOOL CLUBS AND EXTRACURRICULAR ACTIVITIES; 16 (III) PARENTS TO OBJECT AND WITHDRAW THE PARENTS’ 17 STUDENT FROM ANY: 18 1. SCHOOL CLUB OR EXTRACURRICULAR ACTIVITY; 19 2. UNIT OF INSTRUCTION IN THE CLASSROOM; OR 20 3. PRESENTATION OR SCHOOL ASSEMBLY; AND 21 (IV) OBTAINING PARENTAL CONSENT BEFORE A STUDENT USES 22 GENDER PRONOUNS THAT DO NOT MATCH WITH THE STUDENT’S BIOLOGICAL SEX. 23 (4) THE POLICY DEVELOPED UNDER THIS SUBSECTION SHALL 24 INCLUDE: 25 (I) NOTICE FROM A SCHOOL AT LEAST 5 DAYS IN ADVANCE OF, 26 AND THE PROCESS FOR OBTAINING PARENTAL CONSENT FOR, PLANNED 27 INSTRUCTION ON OR ATTENDANCE AT A PRESENTATION ABOUT STUDYING ANY 28 TOPIC COVERED IN FAMILY LIFE AND HUMAN SEXUALITY; 29 HOUSE BILL 1385 3 (II) A PROCESS FOR A PARENT TO WITHDRAW THE PARENT’S 1 STUDENT FROM SPECIFIC INSTRUCTION OR A PRESENTATION IN SCHOOL THAT THE 2 PARENT BELIEVES MIGHT BE HARMFUL TO THE STUDENT; 3 (III) PARENTAL ACCESS TO ALL WRITTEN AND ELECTRONIC 4 RECORDS CONCERNING A STUDENT THAT ARE CONTROLLED OR IN POSSESSION OF 5 THE SCHOOL, THE COUNTY BOARD, OR AN OUTSIDE ORGANIZATION CONTRACTED TO 6 PROVIDE SERVICES TO STUDENTS AT THE SCHOOL; AND 7 (IV) A PROHIBITION ON TEACHERS AND OTHER SCHOOL 8 PERSONNEL WITHHOLDING OR CONCEALING INFORMATION FROM PARENTS, 9 INCLUDING INFORMATION RELATING TO A STUDENT’S: 10 1. CURRICULAR OR EXTRACURRICULAR PROJECTS, 11 ASSIGNMENTS, OR ACTIVITIES; OR 12 2. PHYSICAL, EMOTIONAL, OR MENTAL HEALTH. 13 (B) A PARENT MAY FILE A WRITTEN COMPLAINT FOR A VIOLATION OF THE 14 POLICY UNDER SUBSECTION (A) OF THIS SECTION. 15 (C) ON RECEIPT OF A COMPLAINT UNDER SUBSECTION (B) OF THIS 16 SECTION, A COUNTY SUPERINTENDENT SHALL: 17 (1) INVESTIGATE THE COMPLAINT; AND 18 (2) WITHIN 14 DAYS AFTER RECEIVING THE COMPLAINT, PROVIDE A 19 WRITTEN RESPONSE TO THE COMPLAINANT DESCRIBING THE ACTIONS BEING 20 TAKEN BY THE LOCAL SCHOOL SYSTEM OR THE REMEDY BEING PROPOSED. 21 (D) (1) (I) A PARENT MAY APPEAL THE DECISION OF THE COUNTY 22 SUPERINTENDENT UNDER SUBSECTION (C) OF THIS SECTION TO THE COUNTY 23 BOARD WITHIN 30 DAYS AFTER RECEIVING THE COUNTY SUPERINTENDENT’S 24 RESPONSE. 25 (II) AN APPEAL UNDER SUBPARAGRAPH (I) OF THIS 26 PARAGRAPH SHALL CONTAIN: 27 1. DETAILS OF THE ALLEGED VIOLATION FROM THE 28 COMPLAINT FILED WITH THE COUNTY SUPERINTENDENT; 29 2. A COPY OF THE COUNTY SUPERINTENDENT’S 30 RESPONSE; AND 31 4 HOUSE BILL 1385 3. THE REASONS WHY THE PARENT FINDS THE COUNTY 1 SUPERINTENDENT’S RESPONSE INSUFFICIENT. 2 (2) A COUNTY BOARD SHALL APPOINT A COMMITTEE TO ADDRESS 3 APPEALS UNDER THIS SUBSECTION. 4 (3) WITHIN 30 DAYS AFTER RECEIPT OF AN APPEAL UNDER 5 PARAGRAPH (1) OF THIS SUBSECTION, THE COMMITTEE SHALL PUBLISH A WRITTEN 6 REPORT CONTAINING ANY FINDINGS OF FACT AND RECOMMENDED ACTIONS FOR 7 THE COUNTY BOARD. 8 (4) (I) FOR EACH APPEAL, THE COUNTY BOARD SHALL VOTE TO 9 ACCEPT OR REJECT THE RECOMMENDATIONS OF THE COMMITTEE. 10 (II) THE DECISION OF THE COUNTY BOARD REGARDING AN 11 APPEAL IS FINAL. 12 (E) (1) A PARENT MAY BRING AN ACTION IN A COURT OF APPROPRIATE 13 JURISDICTION AGAINST A COUNTY BOARD FOR ANY CONTINUING VIOLATIONS OF 14 THE POLICY UNDER SUBSECTION (A) OF THIS SECTION. 15 (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTION, A COURT MAY 16 GRANT APPROPRIATE RELIEF. 17 (3) AN ACTION UNDER THIS SUBSECTION MAY BE BROUGHT ONLY 18 AFTER THE PARENT HAS EXHAUSTED ALL ADMINISTRATIVE REMEDIES AVAILABLE 19 UNDER SUBSECTIONS (B), (C), AND (D) OF THIS SECTION. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 1, 2025. 22