In this subtitle the following words have the meanings indicated. “Learning loss” means a general or specific loss of knowledge or skills due to an extended gap or discontinuity in a student’s regular education program. “Prolonged state of emergency” means a state of emergency declared by the State Superintendent under § 7–14A–02 of this subtitle that prevents regular, in–person attendance at a public school for at least 14 consecutive school days. “Student eligible for aid” means a child who: Meets the certification of income eligibility under any of the following: Supplemental Nutrition Assistance Program; Temporary Assistance for Needy Families; Head Start; Even Start; Medicaid and the Maryland Children’s Health Program, up to 189% of the federal poverty level; or Free or reduced price meals for schools not participating in the U.S. Department of Agriculture community eligibility provision; Is in foster care; Is a migrant student; Is a homeless student; or Qualifies under an alternative form developed by the Department for the compensatory education formula under § 5–222 of this article. “Virtual education” means academic instruction: In which one or more technologies are used to deliver a significant portion of the teaching to students entirely or primarily online; and In which students and instructors participate remotely from separate locations.

On written request of a county superintendent or a determination by the State Superintendent that immediate action is necessary, the State Superintendent may declare a prolonged state of emergency that prevents regular, in–person attendance at a public school for at least 14 consecutive school days due to: A natural disaster; A civil disaster; A public health emergency; or A specific security threat identified by federal, State, or local law enforcement. In making a declaration of a prolonged state of emergency under this section, the State Superintendent shall: Consult the Governor, and if appropriate: The Maryland Department of Emergency Management; The Department of State Police; or The Maryland Department of Health; Issue the declaration in writing; Indicate in the declaration: The nature of the emergency; and The specific local school systems or individual schools threatened or affected, unless the emergency is statewide in nature; and Disseminate the declaration promptly by means calculated to publicize the contents of the declaration. If an emergency threatens or affects a particular school within a local school system, the State Superintendent may declare a prolonged state of emergency for that school. A prolonged state of emergency declared in accordance with this section may be terminated by: A joint resolution by the General Assembly; An affirmative vote by the State Board; or A decision by the State Superintendent. If a prolonged state of emergency is terminated by any method listed under paragraph (1) of this subsection, the State Superintendent shall issue a declaration disseminated promptly by means calculated to publicize the termination of the prolonged state of emergency. Nothing in this subtitle may be construed to limit or interfere with the responsibilities of the Secretary of Health under Title 18 of the Health – General Article in the event of a public health emergency.

If there is a prolonged state of emergency affecting the local school system, a county board may transition one or more public schools in the county to virtual education under an approved virtual education plan, subject to the limitations of this section. On or before June 1, 2024, a county board shall, in consultation with county administrators and school staff, adopt a virtual education plan for use during a prolonged state of emergency affecting the local school system. A county board shall use the county board’s continuity of learning plan in effect during the 2020–2021 school year to form a virtual education plan. A virtual education plan shall include the following components: A staffing and personnel assignment plan; A student instruction plan; A student assessment and learning support plan; A social and emotional learning plan; A community communications plan; A technology plan; A nutritional and health services plan; and A plan for return to in–person instruction. A county board shall update the virtual education plan every 2 years. If a prolonged state of emergency affecting the local school system requires the cessation of in–school attendance at a public school and the county board determines virtual education is required, a county board immediately shall implement the virtual education plan and transition the public school to virtual education. A county board may adjust the virtual education plan to fit the specific needs of the schools affected and the specific circumstances of the emergency. A county board shall submit an adjusted plan to the State Board as soon as practicable. Within 10 calendar days of receipt of a virtual education plan, the State Board shall: Accept the plan; or Return the plan to the county board for specific modification. If an adjusted virtual education plan is returned, the county board shall modify and resubmit the plan within 5 calendar days after the date the plan is returned. The county board shall publish the most recent version of the virtual education plan on the county board’s website.

The school personnel at each school shall develop a school behavioral health plan to assist students who are struggling when the school is operating under a virtual education plan that includes: Proper assignments for all behavioral and mental health staff; Methods for all students to access behavioral and mental health supports, including through telehealth if necessary; Procedures for referral of students who are struggling to access proper behavioral and mental health supports; and Increased attention and care for students struggling with the emotional, behavioral, or psychological stressors of virtual education. In establishing a behavioral health plan under this subsection, a school may use a multitiered system of supports model. While a school is operating under a virtual education plan, the principal shall require a staff member to conduct regular wellness check–ins with students at least once per week. The principal may assign a community school coordinator, staff member, or team of staff to conduct the wellness check–ins required under this subsection. If a regular wellness check–in reveals that a student is struggling with the educational, emotional, behavioral, or psychological stressors of virtual education, the principal shall require a staff member, in accordance with subparagraph (ii) of this paragraph, to: Check in with the student multiple times per week; and Develop an individual behavioral health plan consistent with the school behavioral health plan established under subsection (a) of this section. The principal shall arrange for a school psychologist, pupil personnel worker, school social worker, school counselor, or behavioral health specialist to perform the tasks required under subparagraph (i) of this paragraph.

A public school shall establish a system of learning supports while operating under a virtual education plan by: Establishing a virtual tutoring system; or Providing instructional time for virtual learning that is in addition to the daily and hourly attendance requirements under § 7–103 of this title; and Developing a plan to focus on students with the greatest need and the most learning loss, including: Students with disabilities; and Students in historically underserved groups, including: English language learners; and Students eligible for aid. In satisfying its duties under this subsection, a public school may not require staff members whose terms of employment are subject to a collective bargaining agreement to work in excess of negotiated terms on work hours. In compliance with public health guidance, a county board that has public schools operating under a virtual education plan shall establish learning centers in suitable unoccupied buildings, including State buildings that are not in use. If funding is available during the prolonged school closure, a county board shall establish additional learning centers prioritizing: Community schools eligible for concentration of poverty grants under § 5–223 of this article; and Areas with high levels of absenteeism during the prolonged school closure; or If the data under item 1 of this item is unavailable, areas with high levels of absenteeism during the previous school year.

On or before August 15, 2023, and each August 15 thereafter, only when applicable, each county board shall collect the following data from each school that engaged in virtual education in accordance with the county board’s virtual education plan during the previous school year: The learning models employed, including: Virtual education; In–person instruction; and Hybrid instruction; The proportion of school hours spent in each learning model; Student attendance; Student engagement; and Teacher attendance. Each applicable year, each county board shall publish on its website the data required under subsection (a) of this section disaggregated by race, ethnicity, gender, disability status, English proficiency status, and income.

The Department shall establish standards for training teachers on the preparation of plans for the provision of virtual education when a public school is operating under a virtual education plan. A county board shall provide periodic professional development and supports for teachers. The Department shall provide funding for the professional development and supports required under subsection (b) of this section. During periods of a prolonged state of emergency during which a school has elected to transition to virtual education, the Department shall provide mental health supports for school personnel.

The Department shall expand computer and Internet security infrastructure for virtual education, including staff to maintain security. Each local school system shall dedicate at least one staff member to oversee computer and Internet security infrastructure for virtual education.

The State Board shall adopt regulations to carry out the provisions of this subtitle, including establishing minimum criteria for the adoption and implementation of virtual education plans by a county board during a prolonged state of emergency affecting the local school system.