Text of MD HB 649 (2026)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0649* HOUSE BILL 649 D5, F5 6lr0092 CF 6lr0091 By: Chair, Government, Labor, and Elections Committee (By Request – Departmental – Civil Rights Commission) Introduced and read first time: January 30, 2026 Assigned to: Government, Labor, and Elections A BILL ENTITLED AN ACT concerning 1 Advancing Equal Educational Opportunities for All Students in Maryland 2 FOR the purpose of authorizing the Commission on Civil Rights to enforce a prohibition 3 against discrimination and retaliation in educational institutions based on race, 4 color, national origin, ethnicity, ancestry, religion, sex, pregnancy, sexual 5 orientation, gender identity, disability, age, or marital status; establishing the 6 powers, duties, and limitations of the authority of the Commission on Civil Rights to 7 enforce the prohibition against educational discrimination; establishing a private 8 right of action to enforce the prohibition against educational discrimination; 9 requiring the Maryland Higher Education Commission and the Board of Regents of 10 the University System of Maryland to refer complaints about alleged educational 11 discrimination to the Commission on Civil Rights for investigation; requiring and 12 authorizing the Commission on Civil Rights to enforce a certain prohibition against 13 discrimination in education; altering the duties of the State Superintendent to 14 enforce a certain prohibition against discrimination in education to accommodate the 15 role of the Commission; providing for the powers, duties, and limitations of the 16 Commission and the State Superintendent in the concurrent enforcement of the 17 prohibition against discrimination; and generally relating to the Commission on 18 Civil Rights and the prohibition against discrimination in the educational context. 19 BY repealing and reenacting, with amendments, 20 Article – State Government 21 Section 20–101 22 Annotated Code of Maryland 23 (2021 Replacement Volume and 2025 Supplement) 24 BY adding to 25 Article – State Government 26 Section 20–7A–01 through 20–7A–05 to be under the new subtitle “Subtitle 7A. 27 Discrimination in Education”; and 20–1013.1 28 2 HOUSE BILL 649 Annotated Code of Maryland 1 (2021 Replacement Volume and 2025 Supplement) 2 BY repealing and reenacting, without amendments, 3 Article – State Government 4 Section 20–1004 5 Annotated Code of Maryland 6 (2021 Replacement Volume and 2025 Supplement) 7 BY adding to 8 Article – Education 9 Section 11–409, 12–124, and 26–706 10 Annotated Code of Maryland 11 (2022 Replacement Volume and 2025 Supplement) 12 BY repealing and reenacting, without amendments, 13 Article – Education 14 Section 26–702 and 26–704 15 Annotated Code of Maryland 16 (2022 Replacement Volume and 2025 Supplement) 17 BY repealing and reenacting, with amendments, 18 Article – Education 19 Section 26–705 20 Annotated Code of Maryland 21 (2022 Replacement Volume and 2025 Supplement) 22 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 That the Laws of Maryland read as follows: 24 Article – State Government 25 20–101. 26 (a) In Subtitles 1 through 11 of this title the following words have the meanings 27 indicated. 28 (b) “Commission” means the Commission on Civil Rights. 29 (c) “Complainant” means a person that files a complaint alleging a discriminatory 30 act under this title. 31 (d) “Discriminatory act” means an act prohibited under: 32 (1) Subtitle 3 of this title (Discrimination in Places of Public 33 Accommodation); 34 HOUSE BILL 649 3 (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 1 by Maryland Department of Labor); 2 (3) Subtitle 5 of this title (Discrimination in Leasing of Commercial 3 Property); 4 (4) Subtitle 6 of this title (Discrimination in Employment); 5 (5) Subtitle 7 of this title (Discrimination in Housing); [or] 6 (6) SUBTITLE 7A OF THIS TITLE (DISCRIMINATION IN EDUCATION); 7 OR 8 [(6)] (7) Subtitle 8 of this title (Aiding, Abetting, or Attempting 9 Discriminatory Act; Obstructing Compliance). 10 (e) “Gender identity” means the gender–related identity, appearance, expression, 11 or behavior of a person, regardless of the person’s assigned sex at birth, which may be 12 demonstrated by: 13 (1) consistent and uniform assertion of the person’s gender identity; or 14 (2) any other evidence that the gender identity is sincerely held as part of 15 the person’s core identity. 16 (f) “Military status” means the status of being: 17 (1) a member of the uniformed services; 18 (2) a member of a reserve component of the uniformed services; or 19 (3) a dependent, as defined in 50 U.S.C. § 3911(4). 20 (g) “Protective hairstyle” includes braids, twists, and locks. 21 (h) “Race” includes traits associated with race, including hair texture, afro 22 hairstyles, and protective hairstyles. 23 (i) (1) “Respondent” means a person accused in a complaint of a 24 discriminatory act. 25 (2) “Respondent” includes a person identified during an investigation of a 26 complaint and joined as an additional or substitute respondent. 27 (j) “Sexual orientation” means the identification of an individual as to male or 28 female homosexuality, heterosexuality, or bisexuality. 29 4 HOUSE BILL 649 SUBTITLE 7A. DISCRIMINATION IN EDUCATION. 1 20–7A–01. 2 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3 INDICATED. 4 (B) (1) “DISABILITY” MEANS: 5 (I) A PHYSICAL OR MENTAL IMPAIRMENT THAT 6 SUBSTANTIALLY LIMITS ONE OR MORE OF AN INDIVIDUAL’S MAJOR LIFE ACTIVITIES; 7 (II) A RECORD OF HAVING A PHYSICAL OR MENTAL IMPAIRMENT 8 THAT SUBSTANTIALLY LIMITS ONE OR MORE OF AN INDIVIDUAL’S MAJOR LIFE 9 ACTIVITIES; OR 10 (III) BEING REGARDED AS HAVING A PHYSICAL OR MENTAL 11 IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE OF AN INDIVIDUAL’S 12 MAJOR LIFE ACTIVITIES. 13 (2) “DISABILITY” INCLUDES ANY CONDITION THAT REQUIRES A 14 STUDENT TO HAVE AN INDIVIDUALIZED EDUCATION PROGRAM UNDER THE FEDERAL 15 INDIVIDUALS WITH DISABILITIES EDUCATION ACT, A § 504 PLAN UNDER THE 16 FEDERAL REHABILITATION ACT OF 1973, OR ANY OTHER SPECIAL EDUCATION OR 17 RELATED SERVICES. 18 (C) (1) “EDUCATIONAL INSTITUTION” MEANS A PUBLIC OR NONPUBLIC: 19 (I) PREKINDERGARTEN PROGRAM; 20 (II) ELEMENTARY SCHOOL; 21 (III) SECONDARY SCHOOL; 22 (IV) INSTITUTION OF POSTSECONDARY EDUCATION, AS DEFINED 23 IN § 10–101 OF THE EDUCATION ARTICLE; 24 (V) INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN § 25 10–101 OF THE EDUCATION ARTICLE; OR 26 (VI) OTHER EDUCATIONAL PROGRAM WITH AN ORGANIZED 27 COURSE OF STUDY THAT LEADS TO THE AWARD OF A CERTIFICATE, DIPLOMA, OR 28 DEGREE. 29 HOUSE BILL 649 5 (2) “EDUCATIONAL INSTITUTION” INCLUDES THE GOVERNING BODY 1 RESPONSIBLE FOR THE ADMINISTRATION OF ANY SCHOOL OR PROGRAM DESCRIBED 2 UNDER PARAGRAPH (1) OF THIS SUBSECTION. 3 (D) “MARITAL STATUS” MEANS THE STATE OF BEING SINGLE, MARRIED, 4 SEPARATED, DIVORCED, OR WIDOWED. 5 (E) “NATIONAL ORIGIN” INCLUDES ATTRIBUTES ASSOCIATED WITH 6 NATIONAL ORIGIN, INCLUDING ENGLISH LEARNER STATUS. 7 20–7A–02. 8 IT IS THE POLICY OF THE STATE THAT ALL INDIVIDUALS SHALL HAVE EQUAL 9 OPPORTUNITY FOR EDUCATION. 10 20–7A–03. 11 (A) THIS SUBTITLE DOES NOT APPLY TO: 12 (1) WITH RESPECT TO DISCRIMINATION ON THE BASIS OF SEX, AN 13 EDUCATIONAL INSTITUTION THAT LIMITS ADMISSION TO STUDENTS OF ONLY ONE 14 SEX; 15 (2) WITH RESPECT TO DISCRIMINATION ON THE BASIS OF RELIGION, 16 A NONPUBLIC EDUCATIONAL INSTITUTION THAT IS AFFILIATED WITH A RELIGIOUS 17 INSTITUTION THAT PERFORMS ANY ACTION LISTED UNDER § 26–702(2)(I) THROUGH 18 (V) OF THE EDUCATION ARTICLE; OR 19 (3) WITH RESPECT TO DISCRIMINATION ON THE BASIS OF A 20 DISABILITY, A NONPUBLIC EDUCATIONAL INSTITUTION THAT IS IN COMPLIANCE 21 WITH § 504 OF THE FEDERAL REHABILITATION ACT OF 1973 OR THE FEDERAL 22 AMERICANS WITH DISABILITIES ACT, AS APPLICABLE. 23 (B) THIS SUBTITLE: 24 (1) IS AN EXERCISE OF THE POLICE POWER OF THE STATE FOR THE 25 PROTECTION OF THE PEOPLE OF THE STATE; 26 (2) MAKES THE COMMISSION A STATE EDUCATIONAL AUTHORITY 27 UNDER THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT; AND 28 (3) SHALL, BEGINNING 30 DAYS AFTER THE COMMISSION ADOPTS 29 INITIAL REGULATIONS UNDER § 20–7A–05 OF THIS SUBTITLE, BE ADMINISTERED 30 6 HOUSE BILL 649 AND ENFORCED BY THE COMMISSION AND, AS PROVIDED IN THIS TITLE, ENFORCED 1 BY THE APPROPRIATE STATE COURT. 2 20–7A–04. 3 (A) AN EDUCATIONAL INSTITUTION MAY NOT EXCLUDE AN INDIVIDUAL 4 FROM PARTICIPATION IN, DENY A PERSON THE BENEFITS OF, OR SUBJECT AN 5 INDIVIDUAL TO DISCRIMINATION WITHIN, ANY PROGRAM OR ACTIVITY OF THE 6 EDUCATIONAL INSTITUTION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, 7 ETHNICITY, ANCESTRY, RELIGION, SEX, PREGNANCY, SEXUAL ORIENTATION, 8 GENDER IDENTITY, DISABILITY, AGE, OR MARITAL STATUS. 9 (B) THE PROHIBITION AGAINST DISCRIMINATION UNDER SUBSECTION (A) 10 OF THIS SECTION INCLUDES ANY CONTRACTUAL OR OTHER ARRANGEMENT MADE BY 11 AN EDUCATIONAL INSTITUTION THAT: 12 (1) USES CRITERIA OR METHODS OF ADMINISTRATION THAT HAVE 13 THE EFFECT OF SUBJECTING AN INDIVIDUAL TO DISCRIMINATION BECAUSE OF THE 14 INDIVIDUAL’S RACE, COLOR, NATIONAL ORIGIN, ETHNICITY, ANCESTRY, RELIGION, 15 SEX, PREGNANCY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, AGE, OR 16 MARITAL STATUS; AND 17 (2) RESULTS IN DEFEATING OR SUBSTANTIALLY IMPAIRING 18 ACCOMPLISHMENT OF THE OBJECTIVES OF A PROGRAM OR AN ACTIVITY OF THE 19 EDUCATIONAL INSTITUTION WITH RESPECT TO INDIVIDUALS OF A PARTICULAR 20 RACE, COLOR, NATIONAL ORIGIN, ETHNICITY, ANCESTRY, RELIGION, SEX, 21 PREGNANCY STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, AGE, 22 OR MARITAL STATUS. 23 (C) AN EDUCATIONAL INSTITUTION MAY NOT INTIMIDATE, THREATEN, 24 COERCE, OR DISCRIMINATE AGAINST ANY INDIVIDUAL: 25 (1) FOR THE PURPOSE OF INTERFERING WITH ANY RIGHT OR 26 PRIVILEGE SECURED BY THIS SUBTITLE; OR 27 (2) BECAUSE THE INDIVIDUAL HAS MADE A COMPLAINT OR 28 TESTIFIED, ASSISTED, OR PARTICIPATED IN ANY MANNER IN AN INVESTIGATION, A 29 PROCEEDING, OR A HEARING THAT ARISES FROM ALLEGED BEHAVIOR PROHIBITED 30 UNDER THIS SUBTITLE. 31 20–7A–05. 32 HOUSE BILL 649 7 THE COMMISSION SHALL ADOPT REGULATIONS TO IMPLEMENT THIS 1 SUBTITLE. 2 20–1004. 3 (a) Any person claiming to be aggrieved by an alleged discriminatory act may file 4 a complaint with the Commission. 5 (b) The complaint shall: 6 (1) be in writing; 7 (2) state: 8 (i) the name and address of the person or State or local unit alleged 9 to have committed the discriminatory act; and 10 (ii) the particulars of the alleged discriminatory act; 11 (3) contain any other information required by the Commission; and 12 (4) be signed by the complainant under oath. 13 (c) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, a 14 complaint shall be filed within 6 months after the date on which the alleged discriminatory 15 act occurred. 16 (ii) A complaint filed with a federal or local human relations 17 commission within 6 months after the date on which the alleged discriminatory act occurred 18 shall be deemed to have complied with subparagraph (i) of this paragraph. 19 (2) (i) A complaint alleging an unlawful employment practice other 20 than harassment shall be filed within 300 days after the date on which the alleged 21 discriminatory act occurred. 22 (ii) A complaint filed with a federal human relations commission 23 within 6 months or a local human relations commission within 300 days shall be deemed 24 to have complied with subparagraph (i) of this paragraph. 25 (3) (i) A complaint alleging harassment against an employer shall be 26 filed within 2 years after the date on which the alleged harassment occurred. 27 (ii) A complaint filed with a federal human relations commission 28 within 6 months or a local human relations commission within 2 years after the date on 29 which the alleged harassment occurred shall be deemed to have complied with 30 subparagraph (i) of this paragraph. 31 8 HOUSE BILL 649 (d) The Commission, on its own motion, and by action of at least three 1 commissioners, may issue a complaint in its name in the same manner as if the complaint 2 had been filed by an individual, if: 3 (1) the Commission has received reliable information from an individual 4 that a person has been or is engaged in a discriminatory act; and 5 (2) after a preliminary investigation by the Commission’s staff authorized 6 by the chair or vice–chair, the Commission is satisfied that the information warrants the 7 filing of a complaint. 8 20–1013.1. 9 (A) IN THIS SECTION, “DISCRIMINATORY EDUCATIONAL PRACTICE” MEANS 10 AN ACT THAT IS PROHIBITED UNDER § 20–7A–04 OF THIS TITLE. 11 (B) IN ADDITION TO A COMPLAINT MADE WITH THE COMMISSION UNDER § 12 20–1004 OF THIS SUBTITLE, BEGINNING 30 DAYS AFTER THE COMMISSION ADOPTS 13 INITIAL REGULATIONS UNDER § 20–7A–05 OF THIS TITLE, AN INDIVIDUAL ALLEGING 14 A DISCRIMINATORY EDUCATIONAL PRACTICE MAY BRING A CIVIL ACTION. 15 (C) (1) BEGINNING 30 DAYS AFTER THE COMMISSION ADOPTS INITIAL 16 REGULATIONS UNDER § 20–7A–05 OF THIS TITLE, IF A COMPLAINT FOR A 17 DISCRIMINATORY EDUCATIONAL PRACTICE HAS BEEN BROUGHT BEFORE THE 18 COMMISSION UNDER § 20–1004 OF THIS SUBTITLE, THE COMMISSION MAY ELECT 19 TO BRING A CIVIL ACTION ON THE COMMISSION’S OWN BEHALF, IF: 20 (I) THE COMMISSION HAS FOUND PROBABLE CAUSE TO 21 BELIEVE THAT THE RESPONDENT HAS ENGAGED OR IS ENGAGING IN A 22 DISCRIMINATORY EDUCATIONAL PRACTICE; AND 23 (II) THERE IS A FAILURE TO REACH AN AGREEMENT TO REMEDY 24 AND ELIMINATE THE DISCRIMINATORY EDUCATIONAL PRACTICE. 25 (2) IF THE COMMISSION ELECTS TO BRING A CIVIL ACTION ON THE 26 COMMISSION’S OWN BEHALF, THE COMMISSION SHALL GIVE NOTICE OF THE 27 ELECTION TO ALL COMPLAINANTS AND RESPONDENTS. 28 (D) A CIVIL ACTION UNDER THIS SECTION SHALL BE FILED IN THE CIRCUIT 29 COURT FOR THE COUNTY WHERE THE ALLEGED DISCRIMINATORY EDUCATIONAL 30 PRACTICE OCCURRED. 31 HOUSE BILL 649 9 (E) THE FILING OF A CIVIL ACTION UNDER THIS SECTION AUTOMATICALLY 1 TERMINATES ANY PROCEEDING BEFORE THE COMMISSION BASED ON THE 2 UNDERLYING COMPLAINT. 3 (F) IF THE COURT FINDS THAT A DISCRIMINATORY EDUCATIONAL 4 PRACTICE OCCURRED, THE COURT MAY PROVIDE THE FOLLOWING REMEDIES: 5 (1) ENJOINING THE DEFENDANT FROM ENGAGING IN THE 6 DISCRIMINATORY EDUCATIONAL PRACTICE; 7 (2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF; 8 (3) AWARDING COMPENSATORY DAMAGES; 9 (4) ORDERING PUNITIVE DAMAGES, IF: 10 (I) THE DEFENDANT IS NOT A GOVERNMENTAL UNIT OR 11 POLITICAL SUBDIVISION; AND 12 (II) THE COURT FINDS THAT THE DEFENDANT HAS ENGAGED OR 13 IS ENGAGING IN A DISCRIMINATORY EDUCATIONAL PRACTICE WITH ACTUAL 14 MALICE; AND 15 (5) ORDERING ANY OTHER EQUITABLE RELIEF THAT THE COURT 16 CONSIDERS APPROPRIATE. 17 Article – Education 18 11–409. 19 IF THE COMMISSION RECEIVES A COMPLAINT THAT AN INDIVIDUAL WAS 20 EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR SUBJECTED TO 21 DISCRIMINATION IN AN INSTITUTION OF POSTSECONDARY EDUCATION BECAUSE OF 22 RACE, COLOR, NATIONAL ORIGIN, ETHNICITY, ANCESTRY, RELIGION, SEX, 23 PREGNANCY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, AGE, OR 24 MARITAL STATUS, THE COMMISSION SHALL REFER ANY INFORMATION RECEIVED 25 ABOUT THE ALLEGED DISCRIMINATION TO THE COMMISSION ON CIVIL RIGHTS FOR 26 INVESTIGATION. 27 12–124. 28 IF THE BOARD OF REGENTS RECEIVES A COMPLAINT THAT AN INDIVIDUAL 29 WAS EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR 30 SUBJECTED TO DISCRIMINATION IN A CONSTITUENT INSTITUTION BECAUSE OF 31 10 HOUSE BILL 649 RACE, COLOR, NATIONAL ORIGIN, ETHNICITY, ANCESTRY, RELIGION, SEX, 1 PREGNANCY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, AGE, OR 2 MARITAL STATUS, THE BOARD SHALL REFER ANY INFORMATION RECEIVED ABOUT 3 THE ALLEGED DISCRIMINATION TO THE COMMISSION ON CIVIL RIGHTS FOR 4 INVESTIGATION. 5 26–702. 6 This subtitle does not apply to: 7 (1) With respect to discrimination on the basis of sex, a prekindergarten 8 program or school that limits admission to students of only one sex; 9 (2) With respect to discrimination on the basis of religion, a nonpublic 10 prekindergarten program or nonpublic school that is affiliated with a religious institution: 11 (i) Providing instruction on the religious beliefs of the religion with 12 which the program or school is affiliated; 13 (ii) Declining to provide instruction in beliefs that are different from 14 the religion with which the program or school is affiliated; 15 (iii) Requiring student attendance at religious events inherent to the 16 religion with which the program or school is affiliated; 17 (iv) Limiting admissions to or having a preference in admissions for 18 a student of certain religious beliefs or a student who is a member or is part of a family that 19 is a member of the religious institution affiliated with the program or school, if the program 20 or school has had the limitation or preference continually since the date on which the 21 program or school was established; or 22 (v) Granting tuition discounts for a student of certain religious 23 beliefs or who is a member or is part of a family that is a member of the religious institution 24 affiliated with the program or school if the practice of granting the discounts was 25 established the later of before July 1, 2022, or since the date on which the program or school 26 was established; and 27 (3) With respect to discrimination on the basis of disability, a nonpublic 28 prekindergarten program or nonpublic school that is in compliance with § 504 of the federal 29 Rehabilitation Act of 1973 or the federal Americans with Disabilities Act, as applicable. 30 26–704. 31 (a) This section applies to: 32 (1) A county board; 33 HOUSE BILL 649 11 (2) A public prekindergarten program; 1 (3) A public primary or secondary school; 2 (4) A nonpublic prekindergarten program that receives State funds; and 3 (5) A nonpublic primary or secondary school that receives State funds. 4 (b) An entity listed under subsection (a) of this section may not: 5 (1) Discriminate against a current student, a prospective student, or the 6 parent or guardian of a current or prospective student on the basis of race, ethnicity, color, 7 religion, sex, age, national origin, marital status, sexual orientation, gender identity, or 8 disability; 9 (2) Refuse enrollment of a prospective student, expel a current student, or 10 withhold privileges from a current student, a prospective student, or the parent or guardian 11 of a current or prospective student because of an individual’s race, ethnicity, color, religion, 12 sex, age, national origin, marital status, sexual orientation, gender identity, or disability; 13 or 14 (3) Discipline, invoke a penalty against, or take any other retaliatory action 15 against a student or parent or guardian of a student who files a complaint alleging that the 16 program or school discriminated against the student, regardless of the outcome of the 17 complaint. 18 (c) An entity listed under subsection (a) of this section shall print in its student 19 handbook the following statement: 20 “It is the policy of the State of Maryland that all public and publicly funded schools 21 and school programs operate in compliance with: 22 (1) Title VI of the federal Civil Rights Act of 1964; and 23 (2) Title 26, Subtitle 7 of the Education Article of the Maryland Code, 24 which states that public and publicly funded schools and programs may not: 25 (i) Discriminate against a current student, a prospective student, or 26 the parent or guardian of a current or prospective student on the basis of race, ethnicity, 27 color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 28 or disability; 29 (ii) Refuse enrollment of a prospective student, expel a current 30 student, or withhold privileges from a current student, a prospective student, or the parent 31 or guardian of a current or prospective student because of an individual’s race, ethnicity, 32 12 HOUSE BILL 649 color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 1 or disability; or 2 (iii) Discipline, invoke a penalty against, or take any other retaliatory 3 action against a student or parent or guardian of a student who files a complaint alleging 4 that the program or school discriminated against the student, regardless of the outcome of 5 the complaint.”. 6 26–705. 7 (a) (1) A person alleging discrimination in violation of § 26–704 of this subtitle 8 may file a complaint with [the]: 9 (I) THE State Superintendent IN ACCORDANCE WITH THIS 10 SECTION; OR 11 (II) THE COMMISSION ON CIVIL RIGHTS, BEGINNING 30 DAYS 12 AFTER THE COMMISSION ON CIVIL RIGHTS ADOPTS INITIAL REGULATIONS, IN 13 ACCORDANCE WITH § 26–706 OF THIS SUBTITLE. 14 (2) A complaint filed WITH THE STATE SUPERINTENDENT under 15 [paragraph (1) of] this subsection shall specify the relief or remedy requested. 16 (3) (I) A parent or guardian MAY FILE A COMPLAINT WITH THE 17 STATE SUPERINTENDENT UNDER THIS SUBSECTION ON BEHALF of [a]: 18 1. A minor [alleging discrimination may submit a complaint 19 under this subsection on behalf of the minor]; OR 20 2. A STUDENT WITH A DISABILITY WHO HAS REACHED 21 THE AGE OF 18 YEARS, WHO REMAINS ENROLLED IN A SECONDARY EDUCATION 22 PROGRAM, AND WHOSE RIGHTS REMAIN WITH A PARENT OR GUARDIAN UNDER THE 23 FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 24 (II) THE COMMISSION ON CIVIL RIGHTS MAY FILE A 25 COMPLAINT WITH THE STATE SUPERINTENDENT ALLEGING DISCRIMINATION IN 26 VIOLATION OF § 26–704 OF THIS SUBTITLE. 27 (4) THE STATE SUPERINTENDENT SHALL TREAT A REFERRAL FROM 28 THE COMMISSION ON CIVIL RIGHTS MADE IN ACCORDANCE WITH § 26–706 OF THIS 29 SUBTITLE IN THE SAME MANNER AS A COMPLAINT RECEIVED UNDER THIS 30 SUBSECTION. 31 HOUSE BILL 649 13 (b) (1) [On] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1 SUBSECTION, ON receipt of a complaint under subsection (a) of this section, the State 2 Superintendent shall provide notice of the complaint to: 3 [(1)] (I) The program or school that is the subject of the complaint; [and] 4 [(2)] (II) The county board for the county in which the public 5 prekindergarten program or public primary or secondary school is located; AND 6 (III) THE COMMISSION ON CIVIL RIGHTS. 7 (2) UNLESS A COMPLAINANT OBJECTS, THE STATE 8 SUPERINTENDENT SHALL PROVIDE THE COMMISSION ON CIVIL RIGHTS WITH ALL 9 INFORMATION REGARDING A COMPLAINT ALLEGING DISCRIMINATION IF THE 10 COMMISSION REQUESTS THE INFORMATION. 11 (3) THE STATE SUPERINTENDENT MAY, AT THE DISCRETION OF THE 12 STATE SUPERINTENDENT, REFER A COMPLAINT BROUGHT UNDER SUBSECTION (A) 13 OF THIS SECTION TO THE COMMISSION ON CIVIL RIGHTS TO BE HEARD IN 14 ACCORDANCE WITH § 26–706 OF THIS SUBTITLE. 15 (c) Within 30 days [of] AFTER receiving a notice under subsection [(b)] (B)(1) of 16 this section, the program or school and, if appropriate, county board shall submit a response 17 to the State Superintendent. 18 (d) (1) (i) The State Superintendent shall attempt to mediate an 19 agreement between the complainant and respondent to remedy and eliminate the 20 discrimination. 21 (II) THE COMMISSION ON CIVIL RIGHTS MAY ASSIST WITH 22 MEDIATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, INCLUDING 23 BY: 24 1. IF A COMPLAINT WAS SUBMITTED BY THE 25 COMMISSION ON CIVIL RIGHTS, REPRESENTING THE POLICY OF THE STATE 26 AGAINST DISCRIMINATION IN EDUCATION AS PART OF THE MEDIATION PROCESS 27 BEFORE THE STATE SUPERINTENDENT; AND 28 2. MAKING RECOMMENDATIONS FOR REMEDYING AND 29 ELIMINATING DISCRIMINATORY PRACTICES. 30 [(ii)] (III) If mediation under subparagraph (i) of this paragraph 31 results in an agreement between the parties, the State Superintendent shall issue to both 32 parties a written statement of the mediation findings and agreement, including the 33 timeline within which any agreed actions must be taken. 34 14 HOUSE BILL 649 (2) (i) If a mediation agreement is not reached under paragraph (1) of 1 this subsection within 60 days after the complaint is filed, the State Superintendent shall 2 issue a decision on the complaint to both parties. 3 (ii) A decision issued under subparagraph (i) of this paragraph shall: 4 1. Be in writing; 5 2. Contain any findings of fact determined by the State 6 Superintendent; and 7 3. Specify any actions necessary to remedy or eliminate the 8 discrimination, including the timeline within which the actions must be taken. 9 (III) THE COMMISSION ON CIVIL RIGHTS MAY ASSIST WITH A 10 DECISION ISSUED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH BY MAKING 11 RECOMMENDATIONS ON REMEDYING AND ELIMINATING DISCRIMINATORY 12 PRACTICES. 13 [(iii)] (IV) If the State Superintendent finds that a county board, 14 program, or school violated § 26–704 of this subtitle, a decision issued under subparagraph 15 (i) of this paragraph may require the Comptroller to withhold funding from the program or 16 school in an amount determined by the State Superintendent in accordance with § 2–303(b) 17 of this article. 18 (e) (1) A complainant alleging that a county board, program, or school did not 19 remedy or eliminate the discrimination as agreed or required under subsection (d) of this 20 section may reopen a complaint made under this section without: 21 (i) Filing a new complaint under subsection (a) of this section; or 22 (ii) Engaging in mediation under subsection (d)(1) of this section. 23 (2) If the State Superintendent finds that a county board, program, or 24 school did not remedy or eliminate the discrimination as agreed or required under 25 subsection (d) of this section, the State Superintendent shall issue an updated written 26 decision to both parties requiring the Comptroller to withhold funding from the program or 27 school in an amount determined by the State Superintendent in accordance with § 2–303(b) 28 of this article. 29 (f) A complainant [or], A respondent, OR THE COMMISSION ON CIVIL RIGHTS, 30 IF THE COMMISSION ON CIVIL RIGHTS SUBMITTED THE COMPLAINT, may appeal to 31 the Office of Administrative Hearings: 32 HOUSE BILL 649 15 (1) Within 10 days after receiving a decision issued by the State 1 Superintendent under subsection (d)(2) of this section; or 2 (2) If the State Superintendent does not issue a decision as required under 3 subsection (d)(2) of this section, within 10 days after the date by which the decision should 4 have been issued. 5 (g) (1) An appeal hearing shall be held in the county where the alleged 6 discriminatory act occurred. 7 (2) If, after reviewing all of the evidence, the administrative law judge finds 8 that the respondent has engaged in discrimination, the administrative law judge shall: 9 (i) Issue a decision and order stating the judge’s findings of fact and 10 conclusions of law; and 11 (ii) Issue and cause to be served on the respondent an order 12 requiring the respondent to: 13 1. Cease and desist from engaging in the discrimination; and 14 2. Take affirmative action to effectuate the purposes of this 15 subtitle. 16 (h) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 17 SUBSECTION AND SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, THE State 18 Board, in consultation with the State Superintendent, shall adopt regulations to establish 19 procedures for complaint processing, mediation, and enforcement and otherwise carry out 20 the requirements of this section. 21 (2) THE STATE BOARD AND THE STATE SUPERINTENDENT SHALL 22 DEFER TO THE COMMISSION ON CIVIL RIGHTS ON: 23 (I) INTERPRETATIONS OF WHETHER AN ACT CONSTITUTES 24 DISCRIMINATION; AND 25 (II) THE AUTHORITY OF THE COMMISSION ON CIVIL RIGHTS 26 UNDER § 26–706 OF THIS SUBTITLE. 27 (3) THE STATE BOARD, IN CONSULTATION WITH THE STATE 28 SUPERINTENDENT, AND THE COMMISSION ON CIVIL RIGHTS SHALL JOINTLY SET 29 GUIDELINES FOR DETERMINING WHEN ALLEGATIONS OF DISCRIMINATORY 30 PRACTICES ARE SUFFICIENT TO WARRANT MEDIATION UNDER THIS SECTION. 31 26–706. 32 16 HOUSE BILL 649 (A) THE COMMISSION ON CIVIL RIGHTS HAS CONCURRENT JURISDICTION 1 WITH THE STATE SUPERINTENDENT OVER ENFORCEMENT OF THE PROHIBITIONS 2 ON DISCRIMINATION UNDER § 26–704 OF THIS SUBTITLE. 3 (B) (1) A PERSON ALLEGING DISCRIMINATION IN VIOLATION OF § 26–704 4 OF THIS SUBTITLE MAY FILE A COMPLAINT WITH: 5 (I) THE COMMISSION ON CIVIL RIGHTS, BEGINNING 30 DAYS 6 AFTER THE ADOPTION OF INITIAL REGULATIONS UNDER SUBSECTION (I) OF THIS 7 SECTION, IN ACCORDANCE WITH THIS SECTION; OR 8 (II) THE STATE SUPERINTENDENT IN ACCORDANCE WITH § 9 26–705 OF THIS SUBTITLE. 10 (2) A COMPLAINT FILED WITH THE COMMISSION ON CIVIL RIGHTS 11 UNDER THIS SUBSECTION SHALL SPECIFY THE RELIEF OR REMEDY REQUESTED. 12 (3) A PARENT OR GUARDIAN MAY FILE A COMPLAINT WITH THE 13 COMMISSION ON CIVIL RIGHTS UNDER THIS SUBSECTION ON BEHALF OF: 14 (I) A MINOR; OR 15 (II) A STUDENT WITH A DISABILITY WHO HAS REACHED THE AGE 16 OF 18 YEARS, WHO REMAINS ENROLLED IN A SECONDARY EDUCATION PROGRAM, 17 AND WHOSE RIGHTS REMAIN WITH A PARENT OR GUARDIAN UNDER THE FEDERAL 18 INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 19 (4) THE COMMISSION SHALL TREAT A REFERRAL FROM THE STATE 20 SUPERINTENDENT MADE IN ACCORDANCE WITH § 26–705 OF THIS SUBTITLE IN THE 21 SAME MANNER AS A COMPLAINT RECEIVED UNDER THIS SUBSECTION. 22 (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 23 ON RECEIPT OF A COMPLAINT UNDER SUBSECTION (B) OF THIS SECTION, THE 24 COMMISSION ON CIVIL RIGHTS SHALL PROVIDE NOTICE OF THE COMPLAINT TO: 25 (I) THE PROGRAM OR SCHOOL THAT IS THE SUBJECT OF THE 26 COMPLAINT; 27 (II) THE COUNTY BOARD FOR THE COUNTY IN WHICH THE 28 PUBLIC PREKINDERGARTEN PROGRAM OR PUBLIC PRIMARY OR SECONDARY 29 SCHOOL IS LOCATED; AND 30 HOUSE BILL 649 17 (III) THE STATE SUPERINTENDENT. 1 (2) UNLESS A COMPLAINANT OBJECTS, THE COMMISSION ON CIVIL 2 RIGHTS SHALL PROVIDE THE STATE SUPERINTENDENT WITH ALL INFORMATION 3 REGARDING A COMPLAINT ALLEGING DISCRIMINATION IF THE STATE 4 SUPERINTENDENT REQUESTS THE INFORMATION. 5 (3) THE COMMISSION ON CIVIL RIGHTS MAY, AT THE DISCRETION OF 6 THE COMMISSION ON CIVIL RIGHTS, REFER A COMPLAINT BROUGHT UNDER 7 SUBSECTION (B) OF THIS SECTION TO THE STATE SUPERINTENDENT TO BE HEARD 8 IN ACCORDANCE WITH § 26–705 OF THIS SUBTITLE. 9 (D) WITHIN 30 DAYS AFTER RECEIVING A NOTICE UNDER SUBSECTION 10 (C)(1) OF THIS SECTION, THE PROGRAM OR SCHOOL AND, IF APPROPRIATE, COUNTY 11 BOARD SHALL SUBMIT A RESPONSE TO THE COMMISSION ON CIVIL RIGHTS. 12 (E) (1) (I) THE COMMISSION ON CIVIL RIGHTS SHALL ATTEMPT TO 13 MEDIATE AN AGREEMENT BETWEEN THE COMPLAINANT AND THE RESPONDENT TO 14 REMEDY AND ELIMINATE THE DISCRIMINATION. 15 (II) THE STATE SUPERINTENDENT MAY ASSIST WITH 16 MEDIATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, INCLUDING 17 BY MAKING RECOMMENDATIONS FOR REMEDYING AND ELIMINATING 18 DISCRIMINATORY PRACTICES. 19 (III) IF MEDIATION UNDER SUBPARAGRAPH (I) OF THIS 20 PARAGRAPH RESULTS IN AN AGREEMENT BETWEEN THE PARTIES, THE COMMISSION 21 ON CIVIL RIGHTS SHALL ISSUE TO BOTH PARTIES A WRITTEN STATEMENT OF THE 22 MEDIATION FINDINGS AND AGREEMENT, INCLUDING THE TIMELINE WITHIN WHICH 23 ANY AGREED ACTIONS MUST BE TAKEN. 24 (2) (I) IF A MEDIATION AGREEMENT IS NOT REACHED UNDER 25 PARAGRAPH (1) OF THIS SUBSECTION WITHIN 60 DAYS AFTER THE COMPLAINT IS 26 FILED, THE COMMISSION ON CIVIL RIGHTS SHALL ISSUE A DECISION ON THE 27 COMPLAINT TO BOTH PARTIES. 28 (II) A DECISION ISSUED UNDER SUBPARAGRAPH (I) OF THIS 29 PARAGRAPH SHALL: 30 1. BE IN WRITING; 31 2. CONTAIN ANY FINDINGS OF FACT DETERMINED BY 32 THE STATE SUPERINTENDENT; AND 33 18 HOUSE BILL 649 3. SPECIFY ANY ACTIONS NECESSARY TO REMEDY OR 1 ELIMINATE THE DISCRIMINATION, INCLUDING THE TIMELINE WITHIN WHICH THE 2 ACTIONS MUST BE TAKEN. 3 (III) THE STATE SUPERINTENDENT MAY ASSIST WITH A 4 DECISION ISSUED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH BY MAKING 5 RECOMMENDATIONS ON REMEDYING AND ELIMINATING DISCRIMINATORY 6 PRACTICES. 7 (IV) IF THE COMMISSION ON CIVIL RIGHTS FINDS THAT A 8 COUNTY BOARD, PROGRAM, OR SCHOOL VIOLATED § 26–704 OF THIS SUBTITLE, A 9 DECISION ISSUED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY REQUEST 10 THE STATE SUPERINTENDENT TO REQUIRE THE COMPTROLLER TO WITHHOLD 11 FUNDING FROM THE PROGRAM OR SCHOOL IN AN AMOUNT DETERMINED BY THE 12 STATE SUPERINTENDENT IN ACCORDANCE WITH § 2–303(B) OF THIS ARTICLE. 13 (F) (1) A COMPLAINANT ALLEGING THAT A COUNTY BOARD, PROGRAM, 14 OR SCHOOL DID NOT REMEDY OR ELIMINATE THE DISCRIMINATION AS AGREED OR 15 REQUIRED UNDER SUBSECTION (E) OF THIS SECTION MAY REOPEN A COMPLAINT 16 MADE UNDER THIS SECTION WITHOUT: 17 (I) FILING A NEW COMPLAINT UNDER SUBSECTION (B) OF THIS 18 SECTION; OR 19 (II) ENGAGING IN MEDIATION UNDER SUBSECTION (E)(1) OF 20 THIS SECTION. 21 (2) (I) IF THE COMMISSION ON CIVIL RIGHTS FINDS THAT A 22 COUNTY BOARD, PROGRAM, OR SCHOOL DID NOT REMEDY OR ELIMINATE THE 23 DISCRIMINATION AS AGREED OR REQUIRED UNDER SUBSECTION (E) OF THIS 24 SECTION, THE COMMISSION ON CIVIL RIGHTS SHALL: 25 1. NOTIFY THE STATE SUPERINTENDENT; AND 26 2. ISSUE AN UPDATED WRITTEN DECISION TO BOTH 27 PARTIES REQUIRING THAT FUNDING BE WITHHELD FROM THE PROGRAM OR 28 SCHOOL IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH. 29 (II) ON RECEIPT OF NOTICE FROM THE COMMISSION ON CIVIL 30 RIGHTS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE STATE 31 SUPERINTENDENT SHALL REQUIRE THE COMPTROLLER TO WITHHOLD FUNDING 32 HOUSE BILL 649 19 FROM THE PROGRAM OR SCHOOL IN AN AMOUNT DETERMINED BY THE STATE 1 SUPERINTENDENT IN ACCORDANCE WITH § 2–303(B) OF THIS ARTICLE. 2 (G) A COMPLAINANT OR RESPONDENT MAY APPEAL TO THE OFFICE OF 3 ADMINISTRATIVE HEARINGS: 4 (1) WITHIN 10 DAYS AFTER RECEIVING A DECISION ISSUED BY THE 5 COMMISSION ON CIVIL RIGHTS UNDER SUBSECTION (E)(2) OF THIS SECTION; OR 6 (2) IF THE COMMISSION ON CIVIL RIGHTS DOES NOT ISSUE A 7 DECISION AS REQUIRED UNDER SUBSECTION (E)(2) OF THIS SECTION, WITHIN 10 8 DAYS AFTER THE DATE BY WHICH THE DECISION SHOULD HAVE BEEN ISSUED. 9 (H) (1) AN APPEAL HEARING SHALL BE HELD IN THE COUNTY WHERE THE 10 ALLEGED DISCRIMINATORY ACT OCCURRED. 11 (2) IF, AFTER REVIEWING ALL OF THE EVIDENCE, THE 12 ADMINISTRATIVE LAW JUDGE FINDS THAT THE RESPONDENT HAS ENGAGED IN 13 DISCRIMINATION, THE ADMINISTRATIVE LAW JUDGE SHALL: 14 (I) ISSUE A DECISION AND ORDER STATING THE JUDGE’S 15 FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND 16 (II) ISSUE AND CAUSE TO BE SERVED ON THE RESPONDENT AN 17 ORDER REQUIRING THE RESPONDENT TO: 18 1. CEASE AND DESIST FROM ENGAGING IN THE 19 DISCRIMINATION; AND 20 2. TAKE AFFIRMATIVE ACTION TO EFFECTUATE THE 21 PURPOSES OF THIS SUBTITLE. 22 (I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 23 THE COMMISSION ON CIVIL RIGHTS SHALL ADOPT REGULATIONS TO ESTABLISH 24 PROCEDURES FOR COMPLAINT PROCESSING, MEDIATION, AND ENFORCEMENT AND 25 OTHERWISE CARRY OUT THE REQUIREMENTS OF THIS SECTION. 26 (2) THE COMMISSION ON CIVIL RIGHTS SHALL DEFER TO THE STATE 27 BOARD AND THE STATE SUPERINTENDENT ON: 28 (I) MATTERS RELATING TO THE EDUCATION OF STUDENTS; 29 AND 30 20 HOUSE BILL 649 (II) THE AUTHORITY OF THE STATE SUPERINTENDENT UNDER 1 § 26–705 OF THIS SUBTITLE. 2 (3) THE COMMISSION ON CIVIL RIGHTS AND THE STATE BOARD 3 SHALL JOINTLY SET GUIDELINES FOR DETERMINING WHEN ALLEGATIONS OF 4 DISCRIMINATORY PRACTICES ARE SUFFICIENT TO WARRANT MEDIATION UNDER 5 THIS SECTION. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2026. 8