Text of MD HB 1386 (2024)

Education - School Employee Antibias Training - Requirements

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As introduced

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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1386* HOUSE BILL 1386 F1, F2 4lr1835 By: Delegate Atterbeary Introduced and read first time: February 9, 2024 Assigned to: Ways and Means A BILL ENTITLED AN ACT concerning 1 Education – Employee Training and Holocaust Education Study – Requirements 2 FOR the purpose of requiring each county board of education and certain nonpublic schools 3 to provide each employee with training on the prevention of antisemitism and 4 Islamophobia each year; requiring institutions of higher education to include specific 5 training on the prevention of antisemitism and Islamophobia in required cultural 6 diversity training; requiring the State Department of Education to contract with a 7 consultant to conduct an independent study and assessment of Holocaust education 8 in middle and high school instruction in the State; and generally relating to employee 9 training and Holocaust education study. 10 BY adding to 11 Article – Education 12 Section 6–129 13 Annotated Code of Maryland 14 (2022 Replacement Volume and 2023 Supplement) 15 BY repealing and reenacting, without amendments, 16 Article – Education 17 Section 11–406(a) 18 Annotated Code of Maryland 19 (2022 Replacement Volume and 2023 Supplement) 20 BY repealing and reenacting, with amendments, 21 Article – Education 22 Section 11–406(b) 23 Annotated Code of Maryland 24 (2022 Replacement Volume and 2023 Supplement) 25 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 That the Laws of Maryland read as follows: 27 2 HOUSE BILL 1386 Article – Education 1 6–129. 2 (A) IN THIS SECTION, “NONPUBLIC SCHOOL” MEANS A NONPUBLIC SCHOOL 3 THAT PARTICIPATES IN STATE–FUNDED EDUCATION PROGRAMS. 4 (B) (1) EACH COUNTY BOARD AND NONPUBLIC SCHOOL SHALL REQUIRE 5 EACH EMPLOYEE TO RECEIVE TRAINING ON THE PREVENTION OF ANTISEMITISM 6 AND ISLAMOPHOBIA EACH YEAR. 7 (2) THE TRAINING REQUIRED UNDER THIS SECTION: 8 (I) MAY INCLUDE IN–PERSON OR ONLINE COMPONENTS; AND 9 (II) SHALL BE PERIODICALLY REVIEWED AND UPDATED. 10 (C) A COUNTY BOARD OR NONPUBLIC SCHOOL MAY CONSULT WITH 11 APPROPRIATE ORGANIZATIONS AND LOCAL STAKEHOLDERS IN DEVELOPING AND 12 IMPLEMENTING THE TRAINING REQUIRED UNDER THIS SECTION. 13 11–406. 14 (a) In this section, “cultural diversity” means the inclusion of those racial and 15 ethnic groups and individuals that are or have been underrepresented in higher education. 16 (b) (1) (i) Each public institution of higher education in the State shall 17 develop and implement a plan for a program of cultural diversity. 18 (ii) If an institution of higher education already has a program of 19 cultural diversity, the institution of higher education shall develop and implement a plan 20 for improving the program. 21 (iii) A plan developed and implemented under this subsection shall 22 include an implementation strategy and a time line for meeting goals within the plan. 23 (2) A plan developed under paragraph (1) of this subsection shall include: 24 (i) A description of the way the institution addresses cultural 25 diversity among its student, faculty, and staff populations; 26 (ii) A description of how the institution plans to enhance cultural 27 diversity, if improvement is needed; 28 HOUSE BILL 1386 3 (iii) A process for reporting campus–based hate crimes, as defined 1 under Title 10, Subtitle 3 of the Criminal Law Article and consistent with federal 2 requirements under 20 U.S.C. 1092(f), known as the Jeanne Clery Disclosure of Campus 3 Security Policy and Campus Crime Statistics Act; and 4 (iv) A summary of any resources, including State grants, needed by 5 the institution to effectively recruit and retain a culturally diverse student body. 6 (3) (I) A plan developed under paragraph (1) of this subsection shall 7 enhance cultural diversity programming and sensitivity to cultural diversity through 8 instruction and training of the student body, faculty, and staff at the institution of higher 9 education. 10 (II) THE REQUIRED INSTRUCTION AND TRAINING UNDER 11 SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE SPECIFIC TRAINING ON 12 THE PREVENTION OF ANTISEMITISM AND ISLAMOPHOBIA. 13 SECTION 2. AND BE IT FURTHER ENACTED, That: 14 (a) (1) The State Department of Education shall contract with a consultant to 15 conduct an independent study and assessment of Holocaust education in elementary and 16 secondary schools in the State, including an evaluation of: 17 (i) the strength and depth of the required instructional content in 18 the middle school and high school Social Studies State Frameworks; 19 (ii) the effectiveness of the implementation of the high school State 20 Frameworks for Modern World History and United States History; and 21 (iii) the status, availability, and effectiveness of professional 22 development for teachers providing instruction in Holocaust education. 23 (2) The consultant conducting the study under paragraph (1) of this 24 subsection shall make recommendations on improving Holocaust education in the State. 25 (b) The State Department of Education shall provide any information requested 26 by the consultant conducting the study and assessment under subsection (a) of this section 27 in a timely manner. 28 (c) On or before December 31, 2024, the State Department of Education shall 29 submit a report of its findings and recommendations to the Governor and, in accordance 30 with § 2–1257 of the State Government Article, the General Assembly, that summarizes 31 the results of the study and assessment conducted in accordance with subsection (a) of this 32 section. 33 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34 1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 35 4 HOUSE BILL 1386 June 30, 2025, Section 2 of this Act, with no further action required by the General 1 Assembly, shall be abrogated and of no further force and effect. 2

As enrolled or final

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WES MOORE, Governor Ch. 128 – 1 – Chapter 128 (House Bill 1386) AN ACT concerning Education – Employee School Employee Antibias Training and Holocaust Education Study – Requirements FOR the purpose of requiring each county board of education and certain nonpublic schools to provide each employee with training on the prevention of antisemitism and Islamophobia each year; requiring institutions of higher education to include specific training on the prevention of antisemitism and Islamophobia in required cultural diversity training; requiring the State Department of Education, in consultation with the Professional Standards and Teacher Education Board, to develop guidelines for an antibias training program for school employees; requiring each county board of education and certain nonpublic schools to offer training based on the guidelines; providing for the schedule and manner of the training; requiring the State Department of Education to contract with a consultant to conduct an independent study and assessment of Holocaust education in middle and high school instruction in the State; and generally relating to employee school employee antibias training and Holocaust education study. BY adding to Article – Education Section 6–129 Annotated Code of Maryland (2022 Replacement Volume and 2023 Supplement) BY repealing and reenacting, without amendments, Article – Education Section 11–406(a) Annotated Code of Maryland (2022 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Education Section 11–406(b) Annotated Code of Maryland (2022 Replacement Volume and 2023 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Education 6–129. Ch. 128 2024 LAWS OF MARYLAND – 2 – (A) IN THIS SECTION, “NONPUBLIC SCHOOL” MEANS A NONPUBLIC SCHOOL THAT PARTICIPATES IN STATE–FUNDED EDUCATION PROGRAMS. (B) (1) EACH COUNTY BOARD AND NONPUBLIC SCHOOL SHALL REQUIRE EACH EMPLOYEE TO RECEIVE TRAINING ON THE PREVENTION OF ANTISEMITISM AND ISLAMOPHOBIA EACH YEAR. (2) THE TRAINING REQUIRED UNDER THIS SECTION: (I) MAY INCLUDE IN–PERSON OR ONLINE COMPONENTS; AND (II) SHALL BE PERIODICALLY REVIEWED AND UPDATED. (C) A COUNTY BOARD OR NONPUBLIC SCHOOL MAY CONSULT WITH APPROPRIATE ORGANIZATIONS AND LOCAL STAKEHOLDERS IN DEVELOPING AND IMPLEMENTING THE TRAINING REQUIRED UNDER THIS SECTION. (A) (1) THE DEPARTMENT, IN CONSULTATION WITH THE PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD, SHALL DEVELOP GUIDELINES FOR AN ANTIBIAS TRAINING PROGRAM FOR SCHOOL EMPLOYEES. (2) THE GUIDELINES DEVELOPED UNDER THIS SUBSECTION SHALL: (I) BE INCLUSIVE; (II) INCORPORATE LESSONS IN CULTURAL AWARENESS; (III) AIM TO REDUCE IMPLICIT BIAS; (IV) BE CULTURALLY RESPONSIVE TO THE NEEDS OF EDUCATORS AND STUDENTS; (V) RAISE AWARENESS OF BIASES, PREJUDICES, INTOLERANCES, AND DISCRIMINATION FACED BY AFRICAN AMERICANS, NATIVE AMERICANS, ASIAN AMERICANS AND PACIFIC ISLANDERS, HISPANIC AMERICANS, AND OTHER HISTORICALLY MARGINALIZED RACIAL AND ETHNIC MINORITIES; (VI) COMBAT PREJUDICES FACED BY HISTORICALLY MARGINALIZED RELIGIOUS MINORITIES, INCLUDING ANTISEMITISM AND ISLAMOPHOBIA; WES MOORE, Governor Ch. 128 – 3 – (VII) SEEK TO ACHIEVE SCHOOLS THAT ARE MORE INCLUSIVE AND TOLERANT OF STUDENTS, FACULTY, AND STAFF REGARDLESS OF AN INDIVIDUAL’S RACE, NATIONAL ORIGIN, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, RELIGION, ANCESTRY, PHYSICAL ATTRIBUTES, SOCIOECONOMIC STATUS, FAMILIAL STATUS, OR DISABILITY; AND (VIII) BE EVIDENCE–BASED. (3) IN DEVELOPING THE GUIDELINES, THE DEPARTMENT SHALL INCORPORATE LESSONS LEARNED FROM REAL LIFE INCIDENTS OF DISCRIMINATORY BULLYING, HARASSMENT, OR INTIMIDATION REPORTED IN ACCORDANCE WITH § 7–424 OF THIS ARTICLE. (4) THE DEPARTMENT PERIODICALLY SHALL UPDATE THE GUIDELINES REQUIRED UNDER THIS SUBSECTION. (B) (1) EACH COUNTY BOARD SHALL, IN CONSULTATION WITH TEACHERS AND OTHER PUBLIC SCHOOL EMPLOYEES, DEVELOP AN ANTIBIAS TRAINING BASED ON THE GUIDELINES DEVELOPED UNDER SUBSECTION (A) OF THIS SECTION. (2) IF THE COUNTY BOARD HAS AN ANTIBIAS TRAINING IN PLACE BEFORE THE DEPARTMENT ISSUES ITS GUIDELINES, THE COUNTY BOARD SHALL, IN CONSULTATION WITH TEACHERS AND OTHER PUBLIC SCHOOL EMPLOYEES, UPDATE ITS TRAINING TO INCORPORATE THE PRACTICES IDENTIFIED IN THE GUIDELINES. (C) (1) EVERY OTHER YEAR, EACH COUNTY BOARD SHALL TRAIN EACH PUBLIC SCHOOL EMPLOYEE WHOSE JOB DUTIES INCLUDE FREQUENT INTERACTION WITH STUDENTS USING ITS ANTIBIAS TRAINING. (2) ANTIBIAS TRAINING SHALL BE JOB–EMBEDDED, PAID PROFESSIONAL DEVELOPMENT TRAINING THAT IS PROVIDED DURING NONTEACHING TIME. (3) TO THE EXTENT PRACTICABLE, THE TRAINING SHALL: (I) BE OFFERED IN A PEER–TO–PEER SETTING; (II) TAKE A HALF DAY OR LESS TO COMPLETE; AND (III) INCORPORATE LESSONS LEARNED FROM INCIDENTS OF BULLYING, HARASSMENT, OR INTIMIDATION IN THE COUNTY, REPORTED IN ACCORDANCE WITH § 7–424 OF THIS ARTICLE. Ch. 128 2024 LAWS OF MARYLAND – 4 – (D) (1) IT IS THE POLICY OF THE STATE THAT A NONPUBLIC SCHOOL THAT PARTICIPATES IN STATE–FUNDED EDUCATION PROGRAMS SHOULD DEVELOP ANTIBIAS TRAINING IN ACCORDANCE WITH THIS SUBSECTION. (2) EACH NONPUBLIC SCHOOL THAT PARTICIPATES IN STATE–FUNDED EDUCATION PROGRAMS MAY, IN CONSULTATION WITH TEACHERS AND OTHER SCHOOL EMPLOYEES, DEVELOP AN ANTIBIAS TRAINING BASED ON THE GUIDELINES DEVELOPED UNDER SUBSECTION (A) OF THIS SECTION. (3) IF THE NONPUBLIC SCHOOL HAS AN ANTIBIAS TRAINING IN PLACE BEFORE THE DEPARTMENT ISSUES ITS GUIDELINES, THE NONPUBLIC SCHOOL MAY, IN CONSULTATION WITH TEACHERS AND OTHER SCHOOL EMPLOYEES, UPDATE ITS TRAINING TO INCORPORATE THE PRACTICES IDENTIFIED IN THE GUIDELINES. (4) EVERY OTHER YEAR, EACH NONPUBLIC SCHOOL THAT DEVELOPS AN ANTIBIAS TRAINING SHALL TRAIN EACH NONPUBLIC SCHOOL EMPLOYEE WHOSE JOB DUTIES INCLUDE FREQUENT INTERACTION WITH STUDENTS USING ITS ANTIBIAS TRAINING. (5) TO THE EXTENT PRACTICABLE, THE TRAINING SHALL: (I) BE OFFERED IN A PEER–TO–PEER SETTING; (II) TAKE A HALF DAY OR LESS TO COMPLETE; AND (III) INCORPORATE LESSONS LEARNED FROM INCIDENTS OF BULLYING, HARASSMENT, OR INTIMIDATION IN THE COUNTY, REPORTED IN ACCORDANCE WITH § 7–424.3 OF THIS ARTICLE. 11–406. (a) In this section, “cultural diversity” means the inclusion of those racial and ethnic groups and individuals that are or have been underrepresented in higher education. (b) (1) (i) Each public institution of higher education in the State shall develop and implement a plan for a program of cultural diversity. (ii) If an institution of higher education already has a program of cultural diversity, the institution of higher education shall develop and implement a plan for improving the program. (iii) A plan developed and implemented under this subsection shall include an implementation strategy and a time line for meeting goals within the plan. WES MOORE, Governor Ch. 128 – 5 – (2) A plan developed under paragraph (1) of this subsection shall include: (i) A description of the way the institution addresses cultural diversity among its student, faculty, and staff populations; (ii) A description of how the institution plans to enhance cultural diversity, if improvement is needed; (iii) A process for reporting campus–based hate crimes, as defined under Title 10, Subtitle 3 of the Criminal Law Article and consistent with federal requirements under 20 U.S.C. 1092(f), known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and (iv) A summary of any resources, including State grants, needed by the institution to effectively recruit and retain a culturally diverse student body. (3) (I) A plan developed under paragraph (1) of this subsection shall enhance cultural diversity programming and sensitivity to cultural diversity through instruction and training of the student body, faculty, and staff at the institution of higher education. (II) THE REQUIRED INSTRUCTION AND TRAINING UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE SPECIFIC TRAINING ON THE PREVENTION OF ANTISEMITISM AND ISLAMOPHOBIA. SECTION 2. AND BE IT FURTHER ENACTED, That: (a) (1) The State Department of Education shall contract with a consultant to conduct an independent study and assessment of Holocaust education in elementary and secondary schools in the State, including an evaluation of: (i) the strength and depth of the required instructional content in the middle school and high school Social Studies State Frameworks; (ii) the effectiveness of the implementation of the high school State Frameworks for Modern World History and United States History; and (iii) the status, availability, and effectiveness of professional development for teachers providing instruction in Holocaust education. (2) The consultant conducting the study under paragraph (1) of this subsection shall make recommendations on improving Holocaust education in the State. (b) The State Department of Education shall provide any information requested by the consultant conducting the study and assessment under subsection (a) of this section in a timely manner. Ch. 128 2024 LAWS OF MARYLAND – 6 – (c) On or before December 31, 2024, the State Department of Education shall submit a report of its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, that summarizes the results of the study and assessment conducted in accordance with subsection (a) of this section. SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of June 30, 2025, Section 2 of this Act, with no further action required by the General Assembly, shall be abrogated and of no further force and effect. Approved by the Governor, April 25, 2024.