# Education (GED)

## Title 6. Teachers and Other Personnel

### Subtitle 9. Public School Employee Whistleblower Protection Act

#### Section 6-901

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

(b)

  (1) "Public school employee" means any individual who is employed by a public school employer or an individual of equivalent status in Baltimore City.

  (2) "Public school employee" does not include a State employee.

(c) "Public school employer" means a county board of education or the Baltimore City Board of School Commissioners.

(d) "Supervisor" means any individual within an employer's organization who has the authority to direct and control the work performance of an employee, or who has managerial authority to take corrective action regarding the violation of a law, rule, or regulation of which the employee complains.

#### Section 6-902

Subject to Sec. 6-903 of this subtitle, a public school employer may not take or refuse to take any personnel action as reprisal against a public school employee because the employee:

(1) Discloses or threatens to disclose to a supervisor an activity, a policy, or a practice of the employer that is in violation of a law, rule, or regulation;

(2) Provides information to or testifies before any public body conducting an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by the employer; or

(3) Objects to or refuses to participate in any activity, policy, or practice in violation of a law, rule, or regulation.

#### Section 6-903

The protection provided against a violation of Sec. 6-902 of this subtitle shall apply only if:

(1) The public school employee has a reasonable, good faith belief that the public school employer has, or still is, engaged in an activity, a policy, or a practice that is in violation of a law, rule, or regulation;

(2) The public school employee discloses information that the employee reasonably believes evidences:

  (i) An abuse of authority, gross mismanagement, or gross waste of money;

  (ii) A substantial and specific danger to public health or safety; or

  (iii) A violation of law; and

(3) The public school employee has reported the activity, policy, or practice to a supervisor or an administrator of the public school employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice.

#### Section 6-904

(a)

  (1) Any public school employee who is subject to a personnel action in violation of Sec. 6-902 of this subtitle may file an administrative complaint with a public school employer.

  (2) A public school employer shall:

    (i) Provide an administrative remedial process for a public school employee who files an administrative complaint under paragraph (1) of this subsection; and

    (ii) Complete the administrative remedial process under item (i) of this paragraph within 30 days after a public school employee files an initial administrative complaint.

(b)

  (1) Before instituting a civil action, a public school employee who is subject to a personnel action in violation of Sec. 6-902 of this subtitle shall notify the local superintendent in writing of the employee's intention to institute a civil action.

  (2) Subject to paragraph (1) of this subsection, any public school employee who is subject to a personnel action in violation of Sec. 6-902 of this subtitle may institute a civil action in the county where:

    (i) The alleged violation occurred;

    (ii) The employee resides; or

    (iii) The public school employer maintains its principal offices in the State.

  (3) The action shall be brought within 9 months after the alleged violation of Sec. 6-902 of this subtitle occurred, or within 9 months after the public school employee first became aware of the alleged violation of Sec. 6-902 of this subtitle.

#### Section 6-905

In any action brought under this subtitle, a court may:

(1) Issue an injunction to restrain continued violation of this subtitle;

(2) Reinstate the public school employee to the same or an equivalent position held before the violation of Sec. 6-902 of this subtitle;

(3) Remove any adverse personnel record entries based on or related to the violation of Sec. 6-902 of this subtitle;

(4) Reinstate full fringe benefits and seniority rights;

(5) Require compensation for lost wages, benefits, and other remuneration; and

(6) Assess reasonable attorney's fees and other litigation expenses against:

  (i) The public school employer, if the public school employee prevails; or

  (ii) The public school employee, if the court determines that the action was brought by the public school employee in bad faith and without basis in law or fact.

#### Section 6-906

In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the public school employee's exercise of any rights protected under this subtitle.

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