Text of MD HB 558 (2024)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0558* HOUSE BILL 558 F1 4lr2364 HB 119/23 – W&M By: Delegate Atterbeary Introduced and read first time: January 24, 2024 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 policies, guidelines, and procedures for a 8 parent or guardian to opt out of certain topics for the parent’s or guardian’s student, 9 subject to certain requirements; requiring each county board to report each year to 10 the State Department of Education on actions taken by the county board to comply 11 with certain requirements; and generally relating to the establishment of a 12 comprehensive health education framework in public schools. 13 BY repealing and reenacting, with amendments, 14 Article – Education 15 Section 7–401 16 Annotated Code of Maryland 17 (2022 Replacement Volume and 2023 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Education 21 7–401. 22 (a) With the assistance of the county health department, each county board shall 23 provide: 24 (1) Adequate school health services; 25 2 HOUSE BILL 558 (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 and the Maryland Department of Health jointly shall: 4 (1) Develop public standards and guidelines for school health programs; 5 and 6 (2) Offer assistance to the county boards and county health departments 7 in their implementation. 8 (c) (1) THE DEPARTMENT, IN CONSULTATION WITH THE MARYLAND 9 DEPARTMENT OF HEALTH, SHALL DEVELOP A COMPREHENSIVE HEALTH 10 EDUCATION FRAMEWORK. 11 (2) THE DEPARTMENT SHALL UPDATE THE COMPREHENSIVE 12 HEALTH EDUCATION FRAMEWORK IN THE MANNER AND AT THE TIME THE STATE 13 BOARD DETERMINES IS NECESSARY. 14 (3) THE COMPREHENSIVE HEALTH EDUCATION FRAMEWORK SHALL, 15 AT A MINIMUM, INCLUDE THE FOLLOWING TOPICS: 16 (I) HEALTH PROMOTION; 17 (II) MENTAL AND EMOTIONAL HEALTH; 18 (III) SUBSTANCE ABUSE PREVENTION; 19 (IV) FAMILY LIFE AND HUMAN SEXUALITY; 20 (V) GENDER IDENTITY AND SEXUAL ORIENTATION; 21 (VI) SAFETY AND VIOLENCE PREVENTION; 22 (VII) HEALTHY EATING; AND 23 (VIII) DISEASE PREVENTION AND CONTROL. 24 (4) (I) EACH COUNTY BOARD SHALL CREATE AN 25 AGE–APPROPRIATE CURRICULUM THAT IS CONSISTENT WITH THE COMPREHENSIVE 26 HEALTH EDUCATION FRAMEWORK. 27 HOUSE BILL 558 3 (II) IN DEVELOPING A CURRICULUM UNDER THIS PARAGRAPH, 1 EACH COUNTY BOARD SHALL ESTABLISH A COMMITTEE COMPOSED OF EDUCATORS, 2 HEALTH EXPERTS, AND MEMBERS OF THE LOCAL COMMUNITY TO REVIEW AND 3 COMMENT ON WHETHER CURRICULUM MATERIALS ARE CONSISTENT WITH THE 4 COMPREHENSIVE HEALTH EDUCATION FRAMEWORK. 5 (5) (I) SUBJECT TO SUBPARAGRAPHS (II) AND (III) OF THIS 6 PARAGRAPH, EACH COUNTY BOARD SHALL ESTABLISH POLICIES, GUIDELINES, AND 7 PROCEDURES FOR A PARENT OR GUARDIAN TO OPT OUT OF THE FAMILY LIFE AND 8 HUMAN SEXUALITY OR THE GENDER IDENTITY AND SEXUAL ORIENTATION TOPICS 9 FOR THE PARENT’S OR GUARDIAN’S STUDENT IN EACH GRADE IN WHICH THOSE 10 TOPICS ARE TAUGHT. 11 (II) THE COUNTY BOARD MAY NOT AUTHORIZE A PARENT OR 12 GUARDIAN TO OPT THE PARENT OR GUARDIAN’S STUDENT OUT OF EDUCATION 13 RELATING TO HIV AND AIDS PREVENTION. 14 (III) EACH COUNTY BOARD SHALL IDENTIFY APPROPRIATE 15 ALTERNATIVE LEARNING OBJECTIVES AND MEASURABLE GOALS THAT MEET STATE 16 AND LOCAL HEALTH EDUCATION REQUIREMENTS FOR A STUDENT WHOSE PARENT 17 OR GUARDIAN HAS ELECTED TO OPT THE STUDENT OUT OF A PARTICULAR TOPIC 18 UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 19 (6) ON OR BEFORE JUNE 15, 2025, AND EACH JUNE 15 THEREAFTER, 20 EACH COUNTY BOARD SHALL SUBMIT A REPORT TO THE DEPARTMENT DESCRIBING 21 THE ACTIONS TAKEN BY THE COUNTY BOARD TO COMPLY WITH THE REQUIREMENTS 22 IN PARAGRAPHS (4) AND (5) OF THIS SUBSECTION. 23 (D) (1) (i) Each county board shall designate a school health services 24 program coordinator. 25 (ii) A county board may authorize the county health department to 26 designate the school health services program coordinator. 27 (2) The school health services program coordinator shall: 28 (i) Implement State and local health policies in the public schools; 29 (ii) Ensure that public schools adhere to local health services 30 guidelines; and 31 (iii) Communicate State and local health policies to the parents and 32 guardians of public school students. 33 4 HOUSE BILL 558 (3) (i) Except as provided in subparagraph (ii) of this paragraph, the 1 county board shall grant the school health services program coordinator the authority to 2 carry out the provisions of this subsection. 3 (ii) The county board shall consult with a county superintendent 4 before any change in the hiring or termination of personnel in connection with a school 5 health services program. 6 (4) The Department shall conduct at least two meetings annually with all 7 school health services program coordinators in the State. 8 [(d)] (E) On or before December 1, 2015, and every 5 years thereafter, the 9 Department shall report to the Governor and, subject to § 2–1257 of the State Government 10 Article, to the General Assembly a summary of the information reported to the State 11 Superintendent during the COMAR certification process. 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13 1, 2024. 14