# Education (GED)

## Title 26. Prohibitions and Penalties

### Subtitle 1. School Security

#### Section 26-101

(a) A person may not willfully disturb or otherwise willfully prevent the orderly conduct of the activities, administration, or classes of any institution of elementary, secondary, or higher education.

(b) A person may not molest or threaten with bodily harm any student, employee, administrator, agent, or any other individual who is lawfully:

  (1) On the grounds or in the immediate vicinity of any institution of elementary, secondary, or higher education;

  (2) On a school vehicle;

  (3) At an activity sponsored by a school that is held off school property; or

  (4) On property that is owned by a county board and is used for administrative or other purposes.

(c) A person may not threaten with bodily harm any employee of any institution of elementary, secondary, or higher education at home by any means, including in person, by telephone, or by electronic mail. This prohibition applies only to threats arising out of the scope of the employee's employment.

(d) In addition to the penalties provided in this section or in Sec. 6-409 of the Criminal Law Article, on application by the governing board of any institution of elementary, secondary, or higher education, the circuit court of the county in which the institution is located may issue an injunction restraining any specific activities that violate this section.

(e) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not exceeding 6 months, or both.

(f)

  (1) On or before December 1, 2022, and each December 1 thereafter, each county board of education, including the Baltimore City Board of School Commissioners, shall report to the Department on the number of school disruptions in the county in violation of this section for the immediately preceding school year.

  (2) A county board shall report the information required under paragraph (1) of this subsection in the following manner:

    (i) The disruptions shall be sorted into the following categories:

      (1) Attendance;

      (2) Arson, fire, or explosives;

      (3) Dangerous substances;

      (4) Sex offenses; and

      (5) Attack with a weapon, threats, or fighting; and

    (ii) Each incident of disruption shall be disaggregated by:

      (1) The race, ethnicity, disability status, and gender of the individual;

      (2) The actions taken against an individual by the local school or county board resulting from a violation, including suspensions of fewer than 10 days, suspensions of 10 days or more, and expulsions; and

      (3) Referrals for prosecution.

  (3) On or before February 1, 2023, and each February 1 thereafter, the Department shall submit to the Maryland Center for School Safety and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly a report on incidents of school disruptions in public schools in the State from a compilation of the reports submitted to the Department under paragraph (1) of this subsection and disaggregated in the manner required under paragraph (2) of this subsection.

  (4) Each county board shall include information on school disruptions from the 2018-2019 and 2019-2020 school years in its report to the Department for the report due on December 1, 2022.

#### Section 26-102

(a) In this section, "school resource officer" means a law enforcement officer as defined under Sec. 1-101(e) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under Sec. 3-101(b) of the Public Safety Article and the local education agency.

(b) The governing board, president, superintendent, principal, or school resource officer of any public institution of elementary, secondary, or higher education, or a person designated in writing by the board or any of these persons, may deny access to the buildings or grounds of the institution to any other person who:

  (1) Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who does not have lawful business to pursue at the institution;

  (2) Is a bona fide, currently registered student at the institution and has been suspended or expelled from the institution, for the duration of the suspension or expulsion; or

  (3) Acts in a manner that disrupts or disturbs the normal educational functions of the institution.

(c) Administrative personnel, authorized employees of any public institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this section may demand identification and evidence of qualification from any person who desires to use or enter the premises of the institution.

(d) The governing board of any public institution of elementary, secondary, or higher education may enter into an agreement with appropriate law enforcement agencies to carry out the responsibilities of this section when:

  (1) The institution is closed; or

  (2) None of the persons designated in subsection (b) of this section are present in the buildings or on the grounds of the institution.

(e) A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:

  (1) Trespasses on the grounds of any public institution of elementary, secondary, or higher education;

  (2) Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a person designated in subsection (b) of this section as being authorized to deny access to the buildings or grounds of the institution; or

  (3) Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flower on the grounds of any of these institutions.

#### Section 26-103

(a)

  (1) Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school.

  (2) A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any elementary or secondary school athletic contest may not refuse to comply with a request by a law enforcement officer to stop drinking and causing the public disturbance. If the person complies with the first request, he may not be charged under this section.

(b)

  (1) Any person under 18 years of age who violates the provisions of this section shall be issued a citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.

  (2) Any person 18 years old or older violating the provisions of this section shall be issued a citation and be subject to Sec. 10-119 of the Criminal Law Article.

#### Section 26-104

(a) In this section, "school bus driver" means the driver of a school vehicle as defined in Sec. 11-154 of the Transportation Article while employed by or under contract with a local school system.

(b) A person may not obstruct, hinder, or interfere with a school bus driver while the school bus driver is engaged in the performance of the school bus driver's official duties.

(c) Any person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 1 year, or both.

### Subtitle 2. Sales of Academic Papers

#### Section 26-201

(a) In this section, "academic paper" means any theme, essay, term paper, book report, report, thesis, dissertation, or other written assignment.

(b) A person may not sell or offer for sale any assistance in the preparation, research, or writing of an academic paper if he knows that the buyer intends to submit the academic paper substantially unchanged to an educational institution as the original work of someone other than the author, in fulfilling the requirements for a degree, diploma, certificate, or course of study.

(c) This section does not prevent:

  (1) An educational institution, or any of its faculty or staff, from offering courses, instruction, counseling, or tutoring in research or writing as part of a program authorized by the institution;

  (2) Any person from offering tutorial assistance that does not include the preparation, research, or writing of an academic paper intended for submission to an educational institution in fulfilling the requirements for a degree, diploma, certificate, or course of study; or

  (3) Any person from typing, transcribing, or reproducing a manuscript for a fee.

(d) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both.

### Subtitle 3. Forged or Counterfeited Transcripts, Diplomas, or Grade Reports

#### Section 26-301

(a)

  (1) A person may not falsely make, falsely alter, forge, counterfeit, or cause or procure to be falsely made, falsely altered, forged, or counterfeited, or willingly aid or assist in falsely making, falsely altering, forging, or counterfeiting a transcript, diploma, or grade report of an institution of postsecondary education.

  (2) A person may not knowingly buy, sell, distribute, use, offer, or present as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report of an institution of postsecondary education.

  (3) A person may not buy, sell, distribute, use, offer, or present as genuine a transcript, diploma, or grade report of an entity that represents itself as an institution of postsecondary education if the person knows or has reason to know the entity is not authorized to operate as an institution of postsecondary education in the State or in another state or country.

  (4) A person may not use, offer or present a transcript, diploma, or grade report of an institution of postsecondary education in a fraudulent manner.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding 6 months, or both.

### Subtitle 4. Personal Electronic Account Privacy Protection

#### Section 26-401

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Access information" means a user name, a password, log-in information, an account name, or any other security information that protects access to a personal electronic account.

  (3) "Institution of postsecondary education" has the meaning stated in Sec. 10-101(i) of this article.

  (4)

    (i) "Personal electronic account" means an account created via an electronic medium or a service that allows users to create, share, or view user-generated content, including uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, electronic mail, Internet website profiles or locations, or any other electronic information.

    (ii) "Personal electronic account" does not include an account that is opened on behalf of, or owned or provided by, an institution of postsecondary education.

  (5) "Student" includes an individual who is a participant, trainee, or student in an organized course of study or training offered by an institution of postsecondary education.

(b) Subject to subsection (c) of this section, an institution of postsecondary education may not:

  (1) Require, request, suggest, or cause a student, an applicant, or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual's personal electronic account;

  (2) Compel a student, an applicant, or a prospective student, as a condition of acceptance or participation in curricular or extracurricular activities, to:

    (i) Add to the list of contacts associated with a personal electronic account any individual, including a coach, a teacher, an administrator, another employee of the institution of postsecondary education, or a volunteer; or

    (ii) Change the privacy settings associated with a personal electronic account;

  (3) Take any action or threaten to take any action to discharge, discipline, prohibit from participating in curricular or extracurricular activities, or otherwise penalize a student as a result of the student's refusal to:

    (i) Grant access to, allow observation of, or disclose any information that allows access to or observation of a personal electronic account;

    (ii) Add any individual to the list of contacts associated with a personal electronic account; or

    (iii) Change the privacy settings associated with a personal electronic account; or

  (4) Fail or refuse to admit an applicant as a result of the applicant's refusal to:

    (i) Grant access to, allow observation of, or disclose any information that allows access to or observation of a personal electronic account;

    (ii) Add any individual to the list of contacts associated with a personal electronic account; or

    (iii) Change the privacy settings associated with a personal electronic account.

(c) This section may not be construed to:

  (1) Prohibit an institution of postsecondary education from requesting or requiring a student to disclose access information to allow the institution of postsecondary education to gain access to an electronic account:

    (i) Opened at the institution of postsecondary education's behest; or

    (ii) Provided by the institution of postsecondary education;

  (2) Prohibit or restrict an institution of postsecondary education from viewing, accessing, or utilizing information about a student, an applicant, or a prospective student that:

    (i) Can be obtained without access information;

    (ii) Is publicly accessible; or

    (iii) Is available to the institution of postsecondary education as the result of actions undertaken independently by the student;

  (3) Create a duty requiring an institution of postsecondary education to search or monitor the activity of a personal electronic account;

  (4) Make an institution of postsecondary education liable for failing to request or require a student, an applicant, or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual's personal electronic account;

  (5) Prohibit a student, an applicant, or a prospective student from allowing an athletic coach or administrator to view the student's, applicant's, or prospective student's publicly accessible communications; or

  (6) Apply to:

    (i) A suspected criminal activity investigation into the publicly accessible communications of a student, an applicant, or a prospective student that is performed by a public safety department or police agency of an institution of postsecondary education; or

    (ii) An investigation, an inquiry, or a determination relating to the publicly accessible communications of a student, an applicant, or a prospective student that is conducted in accordance with the health or public safety administration assessment policy or protocol of an institution of postsecondary education.

(d) Notwithstanding any other provision of this section, the governing board of an institution of postsecondary education may adopt a policy authorizing an employee of the institution of postsecondary education to request a student, in order to complete an academic or career-based activity, to create a generic personal electronic account.

(e)

  (1) Subject to paragraph (2) of this subsection, an individual who is the subject of a violation of any provision of this section may:

    (i) Bring a civil action to enjoin the violation or for damages;

    (ii) Add a claim for damages to an action seeking injunctive relief; and

    (iii) Recover not more than $1,000 in damages plus reasonable attorney's fees and court costs.

  (2) An individual may not bring an action for damages or add a claim for damages to an action seeking injunctive relief under this section until at least 60 days after making a written demand of the alleged violator for not more than $1,000 that:

    (i) Includes reasonable documentation of the violation; and

    (ii) Is served in the manner provided for service of process in a civil action under the Maryland Rules or by certified mail to the residence or principal office or place of business of the alleged violator.

  (3) An action under this subsection may be brought in the District Court for the county in which:

    (i) The alleged violation occurred; or

    (ii) The alleged violator resides or has a principal office or place of business.

(f) It is an affirmative defense to any claim under this section that the institution of postsecondary education acted to comply with the requirements of a federal or State law.

### Subtitle 5. Consideration of Criminal History in the Admissions Process

#### Section 26-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Admissions application" means an individual application to enroll as an undergraduate student at an institution of higher education.

(c) "Criminal history" means an arrest or a criminal conviction.

(d) "Third-party admissions application" means an admissions application not controlled by the institution.

#### Section 26-502

This subtitle applies to institutions of higher education that receive State funds.

#### Section 26-503

(a) Except as provided in subsection (b) of this section, an institution of higher education may not use an admissions application that contains questions about the criminal history of the applicant.

(b) An institution of higher education may use a third-party admissions application that contains questions about the criminal history of the applicant if the institution:

  (1) Does not use the third-party admissions application to disqualify an applicant based on the applicant's criminal history; and

  (2) Posts a notice on its website stating that a criminal history does not disqualify an applicant from admission.

#### Section 26-504

(a) Subject to Sec. 26-505 of this subtitle, an institution of higher education may make inquiries into and consider information about a student's criminal history for the purpose of:

  (1) Making decisions regarding access to campus residency; or

  (2) Offering supportive counseling or services to help rehabilitate and educate the student on barriers a criminal record may present.

(b)

  (1) Subject to paragraph (2) of this subsection, in making inquiries or considering information under this section, an institution of higher education may not automatically or unreasonably restrict a student's access to campus residency based on that student's criminal history.

  (2) An institution of higher education may develop a process for determining or restricting access to campus residency for a student who has been convicted of:

    (i) A sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;

    (ii) A crime of violence under Title 14 of the Criminal Law Article; or

    (iii) A substantially similar crime in another state.

#### Section 26-505

(a) In deciding to deny or limit a student's access to campus residency under Sec. 26-504 of this subtitle, an institution of higher education shall develop a process for determining whether there is a relationship between a student's criminal history and campus residency.

(b) The process developed under this section shall be set forth in writing and shall include consideration of:

  (1) The age of the student at the time any aspect of the student's criminal history occurred;

  (2) The time that has elapsed since any aspect of the student's criminal history occurred;

  (3) The nature of the criminal history; and

  (4) Any evidence of rehabilitation or good conduct produced by the student.

#### Section 26-506

An institution of higher education that inquires into or considers information about a student's criminal history, in a manner consistent with this subtitle, shall consider the State's policy to promote the admission of students with criminal records, including formerly incarcerated individuals, to provide these students with the opportunity to obtain the knowledge and skills needed to contribute to the State's economy.

### Subtitle 6. Student Loan Servicers

#### Section 26-601

(a) In this subtitle the following words have the meanings indicated.

(b) "Consumer reporting agency" has the meaning stated in Sec. 14-1201 of the Commercial Law Article.

(c) "Nonconforming payment" means a payment made by a student loan borrower that is more or less than the required payment for a student education loan account.

(d) "Servicing" means:

  (1)

    (i) Receiving any scheduled periodic payments from a student loan borrower or notification of the payments; and

    (ii) Applying the payments to a student loan borrower's account according to the terms of a student education loan or a contract governing the services;

  (2) During a period when no payment is required on a student education loan:

    (i) Maintaining account records for the student education loan; and

    (ii) Communicating with the student loan borrower regarding the student education loan on behalf of the holder of the student education loan; or

  (3) Interacting with a student loan borrower, including interactions to help prevent default on obligations arising from a student education loan, to facilitate the activities described in item (1) or (2) of this subsection.

(e)

  (1) "Student education loan" means any loan that is:

    (i) Made, insured, or guaranteed under Title IV of the Higher Education Act of 1965, as amended; or

    (ii) Regardless of whether the loan is provided through the educational institution that the student loan borrower attends or directly to the student loan borrower from the lender, extended to an individual with the express expectation that the funds extended will be used in whole or in part to pay expenses that are included as part of the cost of attendance of a student as defined in 20 U.S.C. Sec. 1087.

  (2) "Student education loan" includes a loan that is extended in order to refinance or consolidate a consumer's existing student education loans.

  (3) "Student education loan" does not include, regardless of the purpose for the loan, a loan:

    (i) Under an open-end credit plan as defined in 12 C.F.R. Sec. 1026.2; or

    (ii) That is secured by real property.

(f) "Student loan borrower" means a resident of the State who:

  (1) Has received or agreed to pay a student education loan; or

  (2) Shares repayment responsibility with a resident described in item (1) of this subsection.

(g)

  (1) "Student loan servicer" means a person, regardless of location, responsible for servicing a student education loan to a student loan borrower.

  (2) "Student loan servicer" includes a trust entity performing or having the authority to control student loan servicing.

#### Section 26-602

(a) Except as otherwise required by federal law or a court order, a student loan servicer may not:

  (1) Employ, directly or indirectly, any scheme, device, or artifice to mislead a student loan borrower;

  (2) Engage in any unfair, abusive, or deceptive trade practice toward any person;

  (3) Misrepresent information or omit any material information in connection with the servicing of a student education loan, including:

    (i) Any fee owed by a student loan borrower;

    (ii) Any payment due by a student loan borrower;

    (iii) The appropriateness or availability of a student loan borrower's repayment options;

    (iv) The terms and conditions of the student education loan; and

    (v) The student loan borrower's obligations under the student education loan;

  (4) Obtain property by misrepresentation of fact or omission of material fact;

  (5) On or after February 1, 2020, allocate a nonconforming payment in a manner other than as directed by the student loan borrower if, in writing or electronically, the student loan borrower:

    (i) Makes a one-time direction for the allocation of future payments;

    (ii) Directs an allocation of a payment at the time the payment is made;

    (iii) Directs an allocation in response to an inquiry by the student loan servicer; or

    (iv) Changes an existing direction for the allocation of future payments;

  (6) Knowingly or recklessly misapply, or refuse to correct a misapplication of a payment from a student loan borrower;

  (7) Knowingly or recklessly provide inaccurate information to a consumer reporting agency, or refuse to correct inaccurate information provided to a consumer reporting agency;

  (8) If a student loan servicer regularly reports information to a consumer reporting agency, fail to report the favorable history of a student loan borrower to a nationally recognized consumer reporting agency at least once a year;

  (9) Subject to subsection (b) of this section, refuse to communicate with an authorized representative of a student loan borrower who provides a written authorization signed by the student loan borrower;

  (10) Negligently make a false statement or omit a material fact in connection with any information report filed with, or any investigation conducted by, a state or local government agency; or

  (11) Violate any federal law concerning student education loan servicing.

(b) A student loan servicer may adopt procedures to verify that an authorized representative of a student loan borrower is, in fact, authorized to act on behalf of the student loan borrower.

(c)

  (1) A student loan servicer shall acknowledge receipt of a written inquiry or complaint from a student loan borrower or the authorized representative of a student loan borrower within 10 days after receiving the inquiry or complaint.

  (2) Unless a response to the written inquiry is included in the acknowledgment required under paragraph (1) of this subsection, a student loan servicer shall provide information responding to a written inquiry or complaint received under paragraph (1) of this subsection within 30 days after receiving the inquiry or complaint.

  (3) If a written inquiry or complaint received under paragraph (1) of this subsection relates to a student loan borrower's account balance, the information provided under paragraph (2) of this subsection shall:

    (i) State that the student loan servicer has corrected the account balance; or

    (ii) Explain why the student loan servicer believes that the student loan borrower's account is correct.

(d) If a student loan borrower requests a document concerning the account of the student loan borrower that is in the possession or control of a student loan servicer, the student loan servicer shall provide the document within 30 days after receiving the request.

#### Section 26-603

A violation of this subtitle is:

(1) An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.

#### Section 26-604

(a) The Commissioner of Financial Regulation may enforce the provisions of this subtitle by exercising any of the powers provided under Sec.Sec. 2-113 through 2-116 of the Financial Institutions Article.

(b)

  (1) The Commissioner of Financial Regulation may seek an injunction to prohibit a person who has engaged in or is engaging in a violation of this subtitle from engaging in or continuing to engage in the violation.

  (2) The court may enter any order or judgment necessary to:

    (i) Prevent the use by a person of a prohibited practice;

    (ii) Restore to a person any money or real or personal property acquired from the person by means of a prohibited practice; or

    (iii) Appoint a receiver in a case of a willful violation of this subtitle.

  (3) In any action brought by the Commissioner of Financial Regulation under this subsection, the Commissioner is entitled to recover the costs of the action for the use of the State.

(c) The Commissioner of Financial Regulation may enforce the provisions of this subtitle by requiring a violator to take affirmative action to correct the violation, including the restitution of money or property to a person aggrieved by the violation.

(d) The Commissioner of Financial Regulation may:

  (1) Investigate violations of this subtitle; and

  (2) Aid any other unit of State government that has regulatory jurisdiction over the business activities of the violator.

(e) The Commissioner of Financial Regulation may cooperate in the investigation and prosecution of any violation of this subtitle with the Office of the Attorney General, the State's Attorney, or any other unit of law enforcement.

### Subtitle 7. Discrimination in Education

#### Section 26-701

In this subtitle, "race" has the meaning stated in Sec. 20-101 of the State Government Article.

#### Section 26-702

This subtitle does not apply to:

(1) With respect to discrimination on the basis of sex, a prekindergarten program or school that limits admission to students of only one sex;

(2) With respect to discrimination on the basis of religion, a nonpublic prekindergarten program or nonpublic school that is affiliated with a religious institution:

  (i) Providing instruction on the religious beliefs of the religion with which the program or school is affiliated;

  (ii) Declining to provide instruction in beliefs that are different from the religion with which the program or school is affiliated;

  (iii) Requiring student attendance at religious events inherent to the religion with which the program or school is affiliated;

  (iv) Limiting admissions to or having a preference in admissions for a student of certain religious beliefs or a student who is a member or is part of a family that is a member of the religious institution affiliated with the program or school, if the program or school has had the limitation or preference continually since the date on which the program or school was established; or

  (v) Granting tuition discounts for a student of certain religious beliefs or who is a member or is part of a family that is a member of the religious institution affiliated with the program or school if the practice of granting the discounts was established the later of before July 1, 2022, or since the date on which the program or school was established; and

(3) With respect to discrimination on the basis of disability, a nonpublic prekindergarten program or nonpublic school that is in compliance with Sec. 504 of the federal Rehabilitation Act of 1973 or the federal Americans with Disabilities Act, as applicable.

#### Section 26-703

This subtitle does not require a nonpublic prekindergarten program or nonpublic school that is religiously affiliated to enroll, retain, or extend privileges to a student or prospective student who does not meet the usual and regular qualifications, requirements, and standards of the program or school or to adopt any rule, regulation, or policy that conflicts with the program or school's religious or moral teachings, provided that the denial, rule, regulation, or policy is not based on discrimination on the grounds of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.

#### Section 26-704

(a) This section applies to:

  (1) A county board;

  (2) A public prekindergarten program;

  (3) A public primary or secondary school;

  (4) A nonpublic prekindergarten program that receives State funds; and

  (5) A nonpublic primary or secondary school that receives State funds.

(b) An entity listed under subsection (a) of this section may not:

  (1) Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;

  (2) Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or

  (3) Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.

(c) An entity listed under subsection (a) of this section shall print in its student handbook the following statement:

"It is the policy of the State of Maryland that all public and publicly funded schools and school programs operate in compliance with: 

  (1) Title VI of the federal Civil Rights Act of 1964; and

  (2) Title 26, Subtitle 7 of the Education Article of the Maryland Code, which states that public and publicly funded schools and programs may not:

    (i) Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;

    (ii) Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or

    (iii) Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.".

#### Section 26-705

(a)

  (1) A person alleging discrimination in violation of Sec. 26-704 of this subtitle may file a complaint with the State Superintendent.

  (2) A complaint filed under paragraph (1) of this subsection shall specify the relief or remedy requested.

  (3) A parent or guardian of a minor alleging discrimination may submit a complaint under this subsection on behalf of the minor.

(b) On receipt of a complaint under subsection (a) of this section, the State Superintendent shall provide notice of the complaint to:

  (1) The program or school that is the subject of the complaint; and

  (2) The county board for the county in which the public prekindergarten program or public primary or secondary school is located.

(c) Within 30 days of receiving a notice under subsection (b) of this section, the program or school and, if appropriate, county board shall submit a response to the State Superintendent.

(d)

  (1)

    (i) The State Superintendent shall attempt to mediate an agreement between the complainant and respondent to remedy and eliminate the discrimination.

    (ii) If mediation under subparagraph (i) of this paragraph results in an agreement between the parties, the State Superintendent shall issue to both parties a written statement of the mediation findings and agreement, including the timeline within which any agreed actions must be taken.

  (2)

    (i) If a mediation agreement is not reached under paragraph (1) of this subsection within 60 days after the complaint is filed, the State Superintendent shall issue a decision on the complaint to both parties.

    (ii) A decision issued under subparagraph (i) of this paragraph shall:

      (1) Be in writing;

      (2) Contain any findings of fact determined by the State Superintendent; and

      (3) Specify any actions necessary to remedy or eliminate the discrimination, including the timeline within which the actions must be taken.

    (iii) If the State Superintendent finds that a county board, program, or school violated Sec. 26-704 of this subtitle, a decision issued under subparagraph (i) of this paragraph may require the Comptroller to withhold funding from the program or school in an amount determined by the State Superintendent in accordance with Sec. 2-303(b) of this article.

(e)

  (1) A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required under subsection (d) of this section may reopen a complaint made under this section without:

    (i) Filing a new complaint under subsection (a) of this section; or

    (ii) Engaging in mediation under subsection (d)(1) of this section.

  (2) If the State Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required under subsection (d) of this section, the State Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the program or school in an amount determined by the State Superintendent in accordance with Sec. 2-303(b) of this article.

(f) A complainant or respondent may appeal to the Office of Administrative Hearings:

  (1) Within 10 days after receiving a decision issued by the State Superintendent under subsection (d)(2) of this section; or

  (2) If the State Superintendent does not issue a decision as required under subsection (d)(2) of this section, within 10 days after the date by which the decision should have been issued.

(g)

  (1) An appeal hearing shall be held in the county where the alleged discriminatory act occurred.

  (2) If, after reviewing all of the evidence, the administrative law judge finds that the respondent has engaged in discrimination, the administrative law judge shall:

    (i) Issue a decision and order stating the judge's findings of fact and conclusions of law; and

    (ii) Issue and cause to be served on the respondent an order requiring the respondent to:

      (1) Cease and desist from engaging in the discrimination; and

      (2) Take affirmative action to effectuate the purposes of this subtitle.

(h) The State Board, in consultation with the State Superintendent, shall adopt regulations to establish procedures for complaint processing, mediation, and enforcement and otherwise carry out the requirements of this section.

### Subtitle 8. Sports Wagering Contracts

#### Section 26-801

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Agent of a regulated gaming entity" includes a marketing firm or other similar entity contracted to perform gaming-related services for a regulated gaming entity.

  (3) "Institution of higher education" has the meaning stated in Sec. 10-101 of this article.

  (4) "Mobile sports wagering licensee" has the meaning stated in Sec. 9-1E-01 of the State Government Article.

  (5) "Online sports wagering" has the meaning stated in Sec. 9-1E-01 of the State Government Article.

  (6) "Online sports wagering operator" has the meaning stated in Sec. 9-1E-01 of the State Government Article.

  (7) "Regulated gaming entity" means:

    (i) A mobile sports wagering licensee;

    (ii) An online sports wagering operator; or

    (iii) A sports wagering licensee.

  (8) "Sports wagering" has the meaning stated in Sec. 9-1E-01 of the State Government Article.

  (9) "Sports wagering licensee" has the meaning stated in Sec. 9-1E-01 of the State Government Article.

(b) An institution of higher education may not enter into a contract with a regulated gaming entity or an agent of a regulated gaming entity if, under the terms of the contract, the institution of higher education receives a commission, a bonus, or any other incentive payment based on the success of securing student participation in sports wagering or online sports wagering.

(c) An institution of higher education may not enter into a contract with a sports marketing entity that enters into a contract with a regulated gaming entity or an agent of a regulated gaming entity if, under the terms of the contract, either the sports marketing entity or the institution of higher education receives a commission, bonus, or any other incentive payment based on the success of securing student participation in sports wagering or online sports wagering.

(d)

  (1) Except as provided in subsections (b) and (c) of this section, this section does not preclude contract formation between an institution of higher education and a regulated gaming entity, an agent of a regulated gaming entity, or a sports marketing entity.

  (2) Notwithstanding any other provision of law, a contract formed in accordance with this subsection by a public institution of higher education is subject to public inspection in accordance with the Maryland Public Information Act.

### Subtitle 9. Consideration of Preferences in the Admissions Process

#### Section 26-901

(a)

  (1) In this section the following words have the meanings indicated. 

  (2) "Donor preference" means a preference given to an applicant to an institution of higher education by the institution based on the applicant's familial relationship to a person who provides financial support to the institution.

  (3) "Legacy preference" means a preference given to an applicant to an institution of higher education by the institution based on the applicant's familial relationship to an alum of the institution.

(b) This section applies to an institution of higher education in the State that receives State funds.

(c)

  (1) An institution of higher education may not consider a legacy preference or donor preference as an eligible criterion for admission standards to the institution.

  (2) An institution of higher education may ask applicants to provide information about familial relationships to alums of the institution for the purpose of collecting data.

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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)