# Education (GED)

## Title 7. Public Schools

### Subtitle 2. Evaluation and Graduation of Students

#### Section 7-201

(a) The State Board shall develop and implement a program to be administered by the county boards in which each student who enters his first year in any primary grade in a public school is evaluated to identify any learning disability regardless of cause.

(b) The State Board shall provide guidance and coordinate the development and implementation of educational programs based on the needs of disabled students in the public schools.

#### Section 7-202

(a) The State Board shall require a minimum level of reading ability for each grade 2 through 12 that rises for each succeeding grade.

(b) If a county board, based on local assessment of student progress and in conjunction with the Maryland education accountability program, finds that a student in grade 3, 7, or 9 through 11 who is not moderately, severely, or profoundly intellectually limited has not met either a minimum grade level competency or the minimum reading level as required by the State Board for the previous grade, the student shall be:

  (1) Kept in the current grade; or

  (2) Enrolled in an appropriate reading assistance program as part of his instructional program.

(c) The provisions of this section may not be the sole reason for withholding grade advancement more than once in grades 2 through 7.

(d) The State Board shall adopt bylaws to implement this section.

#### Section 7-202.1

(a)

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

  (2) "Content standards" means the statements for the program of instruction that describe the knowledge and skills students are expected to attain for each content area and grade level.

  (3) "Curriculum resources" means guidance documents and frameworks used by a county board to develop curricula to implement content standards.

  (4) "Curriculum standards" means the statements that outline approaches to learning for each content area across grade levels.

(b) The Department shall, in consultation with experienced and highly effective teachers, including teachers on the career ladder under Title 6, Subtitle 10 of this article, develop content standards, curriculum standards, and curriculum resources for each subject at each grade level, that build on one another in logical sequence, in core subjects that may be used by local school systems and public school teachers.

(c)

  (1) The purpose of the curriculum standards and curriculum resources developed under this section is to provide county boards with technical assistance to inform high-quality instruction that will ultimately result in students meeting the college and career readiness standards in the manner described under Sec. 7-205.1 of this subtitle.

  (2) The curriculum resources developed under this section shall include, for each core subject at each grade level:

    (i) Course syllabi;

    (ii) Sample lessons for teachers to use as models;

    (iii) Examples of student work that meet standards for proficiency;

    (iv) Explanations of why student work examples meet proficiency standards so that teachers know what student knowledge is required; and

    (v) Curriculum units aligned with the course syllabi.

  (3) In developing the curriculum resources under this subsection, the Department:

    (i) May use as a model a course or unit developed by a teacher in or out of the State; but

    (ii) Shall review each model course and unit for quality, using accepted benchmarks such as approval by EdReports or Tier 1 and Tier 2 evidence-based standards established by the federal Every Student Succeeds Act.

  (4) The Department shall compile curriculum units in such a manner that:

    (i) Complete courses are formed; and

    (ii) When taken by a student in sequence, the student can achieve the college and career readiness standard adopted under Sec. 7-205.1 of this subtitle by the end of grade 10.

(d) The Department shall submit curriculum resources and curriculum standards developed under this section to the State Board for adoption.

(e) The State Board shall establish a system of assessments to ensure that students are acquiring the knowledge contained in the curriculum standards in English, Mathematics, Science, and History or Social Studies.

(f)

  (1) Using the assessments established under subsection (e) of this section, the Department shall identify low-performing schools.

  (2) An Expert Review Team established under Sec. 5-411 of this article, under the supervision of the Department, shall visit schools identified under paragraph (1) of this subsection according to the criteria established under Sec. 5-411 of this article.

  (3) If the Department, based on a recommendation of an Expert Review Team, determines that a school's low performance on assessments is, largely, due to curricular problems, the school shall adopt the curriculum resources developed under this section.

  (4) Except as provided in paragraph (3) of this subsection, this section does not require a public school or county board to adopt the Department's curriculum standards and curriculum resources and may not be construed to restrict a county board's authority to adopt curricula under Sec. 4-111 of this article.

#### Section 7-203

(a)

  (1) The State Board, the State Superintendent, each county board, and each public school shall implement a program of education accountability for the operation and management of the public schools.

  (2) A Consolidated State Plan to improve student outcomes submitted by the Department to the United States Department of Education under the federal Elementary and Secondary Education Act shall comply with the requirements of this subtitle.

(b)

  (1) In this subsection, "grade band assessment" means one assessment of a middle school student's knowledge in a core academic subject area during grades 6 through 8.

  (2) The education accountability program shall include the following:

    (i) The State Board and the State Superintendent shall assist each county board to establish educational goals and objectives that conform with statewide educational objectives for subject areas including reading, writing, mathematics, science, and social studies;

    (ii) With the assistance of its county board, each public school shall survey current student achievement in reading, language, mathematics, science, social studies, and other areas to assess its needs;

    (iii)

      (1) The State Board and the State Superintendent shall implement assessment programs in reading, language, mathematics, science, and social studies that include written responses;

      (2) The assessment program required in this subsection shall:

      (A) Provide information needed to improve public schools by enhancing the learning gains of students and academic mastery of the skills and knowledge set forth in the State's adopted curricula or common core curricula;

      (B) Inform the public annually of the educational progress made at the school, local school system, and State levels; and

      (C) Provide timely feedback to schools and teachers for the purposes of adapting the instructional program and making placement decisions for students; and

      (3) The following assessments shall be implemented and administered annually:

      (A) At the middle school level, a statewide, comprehensive, grade band assessment program that measures the learning gains of each public school student towards achieving mastery of the standards set forth in the common core curricula or the State's adopted curricula for the core content areas of reading, language, mathematics, science, and social studies; and

      (B) At the high school level, a statewide, standardized, end-of-course assessment that is aligned with and that measures each public school student's skills and knowledge of the State's adopted curricula for the core content areas of reading, language, mathematics, science, and social studies;

    (iv) Each public school shall establish as the basis for its assessment of its needs, project goals and objectives that are in keeping with the goals and objectives established by its county board and the State Board;

    (v) With the assistance of its county board, the State Board, and the State Superintendent, each public school shall develop programs to meet its needs on the basis of the priorities it sets;

    (vi) Evaluation programs shall be developed at the same time to determine if the goals and objectives are being met; and

    (vii) A reevaluation of programs, goals, and objectives shall be undertaken regularly.

  (3)

    (i) The State Board shall determine whether the assessments required under paragraph (2)(iii)3 of this subsection adequately measure the skills and knowledge set forth in the State's adopted curricula for the core content areas of reading, language, mathematics, science, and social studies.

    (ii) If the State Board makes a determination under subparagraph (i) of this paragraph that an assessment does not adequately measure the skills and knowledge set forth in the State's adopted curricula for a core content area, the State Board shall develop a State-specific assessment in that core content area to be implemented in the 2018-2019 school year.

  (4) At the middle school level, the State Board shall develop, in collaboration with county boards, county curriculum specialists in social studies, middle school social studies teachers, and academics with expertise in social studies education, a social studies assessment that:

    (i) Consists, to the greatest extent possible, of criterion-referenced, performance-based tasks that require students to utilize critical and historical thinking skills and analyze primary sources;

    (ii) Shall be administered, to the greatest extent possible, within existing class periods; and

    (iii) Shall be implemented in the 2019-2020 school year.

  (5) At the high school level, when the Department's contract for the current high school social studies assessment expires, the State Board shall, in collaboration with county boards, county curriculum specialists in social studies, high school social studies teachers, and academics with expertise in social studies education, redesign the high school level social studies assessment to:

    (i) Consist, to the greatest extent possible, of criterion-referenced, performance-based tasks that require students to utilize critical and historical thinking skills and analyze primary sources;

    (ii) Be administered, to the greatest extent possible, within existing class periods; and

    (iii) Be implemented in the 2018-2019 school year, and each year thereafter.

(c)

  (1) National standardized testing may not be the only measure for evaluating educational accountability.

  (2)

    (i) An educational accountability program shall include at least three school quality indicators that measure the comparative opportunities provided to students or the level of student success in public schools.

    (ii)

      (1) One of the school quality indicators under subparagraph (i) of this paragraph shall be school climate surveys.

      (2) The school climate surveys shall include at least one question to educators regarding the receipt of critical instructional feedback.

    (iii) Other school quality indicators may include:

      (1) Class size;

      (2) Case load;

      (3) Opportunities for:

      (A) Advanced Placement courses and International Baccalaureate Programs;

      (B) Career and Technology Education Programs; and

      (C) Dual enrollment;

      (4) Chronic absenteeism;

      (5) Data on discipline and restorative practices;

      (6) School staffing measures; and

      (7) Completion of well-rounded curriculum measures that are indicative of on-track progress at key transition points within elementary and secondary education.

    (iv) Except for the completion of well-rounded curriculum measures, the school quality indicators used in subparagraph (i) of this paragraph may not be based on student testing.

    (v)

      (1) The State Board shall establish a composite score that provides for meaningful differentiation of schools under the school accountability system.

      (2) The composite score established under subsubparagraph 1 of this subparagraph shall:

      (A) Include both academic and school quality indicators;

      (B) Incorporate a methodology that compares schools that share similar demographic characteristics, including the proportion of economically disadvantaged students, as defined by the State in accordance with federal law; and

      (C) Be reported in a manner that states for each score the individual indicator score that is used to calculate the composite score for each school.

      (3) The combined total of the academic indicators may not exceed 70% of the composite score.

      (4) The composite score:

      (A) Shall be calculated numerically in a percentile form;

      (B) Shall be reported showing the individual indicators; and

      (C) May not be reported using a letter grade model.

      (5) No academic indicator may be weighted as less than 10% of the total amount of the composite score.

      (6) No school quality indicator described under this paragraph may be weighted as less than 10% of the total amount of the composite score.

      (7) No academic indicator of proficiency may be weighted as more than 20% of the composite score.

      (8) Subject to this subparagraph, the final weights of the academic and school quality indicators shall be determined by the State Board, with stakeholder input.

    (vi) When establishing or calculating the State accountability system, indicators established by the State Board may not incorporate, reference, or rely on any teacher evaluation.

(d) The Department shall assist each county board to establish an education accountability program by providing:

  (1) Guidelines for development and implementation of the program by the county boards; and

  (2) Assistance and coordination where it is needed and requested by the county boards.

(e)

  (1) The Department shall survey a statewide, representative sample of public schools and public school teachers annually to measure:

    (i) The amount of instructional time spent on social studies and science instruction in elementary schools;

    (ii) The availability and use of appropriate instructional resources and teaching technology in social studies and science classrooms;

    (iii) The availability and use of appropriate professional development for social studies and science teachers; and

    (iv) The number of secondary school social studies and science classes that are taught by teachers who are:

      (1) Certified in the subject being taught; and

      (2) Not certified in the subject being taught.

  (2) The Department shall:

    (i) Compile the results of the survey conducted under paragraph (1) of this subsection; and

    (ii) Publish the results on the Department's website.

(f) On or before March 1 each year, the State Superintendent shall send the Governor and, subject to Sec. 2-1257 of the State Government Article, the General Assembly a report that includes:

  (1) Documentation of the progress of the Department, the county boards, and each public school in this State towards their respective goals and objectives; and

  (2) Recommendations for legislation that the State Board and the State Superintendent consider necessary to improve the quality of education in this State.

(g) On the recommendation of the State Superintendent, the State Board shall include in its annual budget request the funds it considers necessary to carry out the provisions of this section.

(h)

  (1)

    (i) In this subsection, "assessment" means a federal, State, or locally mandated test that is intended to measure a student's academic readiness, learning progress, and skill acquisition.

    (ii) "Assessment" does not include:

      (1) A teacher-developed quiz or test; or

      (2) A sampling test that is not administered to all students.

  (2)

    (i) On or before August 1, 2017, and each August 1 thereafter in an odd-numbered year, a county board and the exclusive employee representative for teachers for that local school system shall meet and confer regarding:

      (1) A rubric for evaluating local assessments;

      (2) The time required to administer each local assessment; and

      (3) The purpose of each local assessment.

    (ii)

      (1) Beginning on or after January 1, 2018, and each January 1 thereafter in an even-numbered year, a county board shall establish a District Committee on Assessments that includes administrators, parents, and teachers selected by the exclusive bargaining unit to advise and make recommendations in the following areas:

      (A) The time required to administer each assessment;

      (B) The duplicativeness of assessments;

      (C) The purpose of assessments;

      (D) The value of feedback provided to educators; and

      (E) The timeliness of results.

      (2) On or before June 1, 2019, and each June 1 thereafter in an odd-numbered year, the District Committee on Assessments shall submit the Committee's recommendations to the county board and exclusive employee representative for teachers for that local school system.

    (iii) Subject to subparagraph (iv) of this paragraph, on or before December 1, 2017, and each December 1 thereafter in an odd-numbered year, a county board and the exclusive employee representative for that local school system shall mutually agree to the amount of time in the aggregate that shall be devoted to federal, State, or locally mandated assessments, on a grade-by-grade basis, for the following year.

    (iv) Subject to subparagraph (v) of this paragraph, if a county board and the exclusive employee representative fail to mutually agree under subparagraph (iii) of this paragraph, the amount of time in the aggregate that shall be devoted to federal, State, or locally mandated assessments shall be no more than 2.2% of the minimum required annual instructional hours in accordance with Sec. 7-103 of this title.

    (v) If a county board and the exclusive employee representative fail to mutually agree under subparagraph (iii) of this paragraph, the amount of time in the aggregate that shall be devoted to federal, State, or locally mandated assessments in the eighth grade shall be no more than 2.3% of the minimum required annual instructional hours in accordance with Sec. 7-103 of this title.

  (3) A student may not be subject to the requirement under paragraph (2) of this subsection if the student participates in:

    (i) An advanced placement or international baccalaureate program; or

    (ii) The Scholastic Aptitude Test (SAT), if administered during the regular school day.

  (4) Time devoted to teacher-selected classroom quizzes, exams, portfolio reviews, or performance assessments may not be counted toward the requirement under paragraph (2) of this subsection.

  (5) This subsection may not be construed to include the requirements of:

    (i) A student's 504 plan;

    (ii) The federal Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400, et seq.; or

    (iii) Federal law relating to English language learners.

  (6) This subsection may not be construed to supersede the requirements of the federal Elementary and Secondary Education Act, 20 U.S.C. Sec. 6301, et seq.

#### Section 7-203.1

(a)

  (1) For fiscal years 2003 and 2004, the Department shall distribute grants to Tier I counties, as defined in Sec. 1-101 of the Economic Development Article, for the administration of the Preliminary Scholastic Aptitude Test to 10th grade students.

  (2) For fiscal year 2005 and each subsequent fiscal year, the Department shall distribute grants to each county for the administration of the Preliminary Scholastic Aptitude Test to 10th grade students.

(b) Subject to the availability of funding in the State budget, the amount of each county's grant shall be in an amount sufficient for the administration of the test to all 10th grade students in the county.

#### Section 7-203.2

(a)

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

  (2)

    (i) "Four-year adjusted cohort" means a group of students who are entering the ninth grade for the first time from a cohort that is subsequently adjusted by adding any students who transfer into the cohort later during the ninth grade and the next three years and subtracting any students who transfer out, emigrate to another country, or die during that same period.

    (ii) "Four-year adjusted cohort" also includes students retained in grade and only counted once as members of their original cohort.

  (3) "Graduation rate" means the percentage obtained from applying the graduation rate formula.

  (4)

    (i) "Graduation rate formula" means the number of students who graduate on time with a Maryland high school diploma divided by the number of students in the four-year adjusted cohort.

    (ii) "Graduation rate formula" does not include students who graduate on time with a GED or other certificate not aligned with State standards.

  (5)

    (i) "On time" means on or before the conclusion of a four-year adjusted cohort's fourth year of high school.

    (ii) "On time" includes a senior summer session in a jurisdiction that offers senior summer sessions.

  (6)

    (i) "Transfer out" means a student who the county board confirms, via written documentation, has enrolled in another high school or other educational program from which that student is expected to receive a Maryland high school diploma.

    (ii) "Transfer out" does not include a student enrolled in:

      (1) A GED program; or

      (2) An alternative education program that does not issue or provide credits toward a Maryland high school diploma.

(b) The purpose of this section is to:

  (1) Initiate a process by which the State may achieve the goal of collecting, maintaining, analyzing, and publicly reporting data relating to the graduation rates of students in public high schools as an essential step in addressing gaps in educational achievement among a diverse student population; and

  (2) Explicitly delineate the duties and responsibilities of the Department and the county boards in this regard.

(c)

  (1) Beginning on or before September 1, 2011, and each year thereafter, a county board shall:

    (i) Collect, maintain, and analyze graduation rates for public schools, local school systems, and the State; and

    (ii) Report the information required under item (i) of this paragraph to the public and the Department in the aggregate and disaggregated by:

      (1) Hispanic or Latino of any race;

      (2) For individuals who are nonHispanic or nonLatino only:

      (A) American Indian or Alaska Native;

      (B) Asian;

      (C) Black or African American;

      (D) Native Hawaiian or other Pacific Islander;

      (E) White; or

      (F) Two or more races;

      (3) Students who are limited English proficient;

      (4) Students who receive free and reduced price meals; and

      (5) Students who receive special education services.

  (2) Beginning on or before October 1, 2011, and each year thereafter, the Department shall:

    (i) Compile the information received under paragraph (1) of this subsection and calculate a graduation rate for the State; and

    (ii) Post the information obtained under this subsection for each county on its website in the aggregate and disaggregated by:

      (1) Hispanic or Latino of any race;

      (2) For individuals who are nonHispanic or nonLatino only:

      (A) American Indian or Alaska Native;

      (B) Asian;

      (C) Black or African American;

      (D) Native Hawaiian or other Pacific Islander;

      (E) White; or

      (F) Two or more races;

      (3) Students who are limited English proficient;

      (4) Students who receive free and reduced price meals; and

      (5) Students who receive special education services.

(d)

  (1) The county boards and the Department may develop and implement additional indicators to collect, maintain, analyze, and publicly report data regarding alternative high school completions.

  (2) The Department shall ensure that the information collected under paragraph (1) of this subsection is comparable for public schools and local school systems in the State.

(e) The Department shall:

  (1) Implement training for administrators and other personnel responsible for collecting, maintaining, analyzing, and publicly reporting data regarding four-year adjusted cohorts and graduation rates;

  (2) Implement a standard process for verifying the accuracy of data including:

    (i) Statistical checks and analyses; and

    (ii) On-site audits of record-keeping procedures;

  (3) Implement a public awareness campaign including outreach to civic associations, community-based groups, and parent organizations and the solicitation of suggestions and community support regarding the need for collecting, maintaining, analyzing, and publicly reporting accurate data regarding four-year adjusted cohorts and graduation rates;

  (4) Provide technical support to the county boards with collecting, maintaining, analyzing, and publicly reporting graduation rate data; and

  (5) Serve as a central repository for this data.

#### Section 7-203.3

(a)

  (1) In this section, "assessment" means a locally, State, or federally mandated test that is intended to measure a student's academic readiness, learning progress, and skill acquisition.

  (2) "Assessment" does not include a teacher-developed quiz or test.

(b) This section does not apply to an assessment or test given to a student relating to:

  (1) A student's 504 plan;

  (2) The federal Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400; or

  (3) Federal law relating to English language learners.

(c)

  (1) Subject to paragraph (2) of this subsection, unless a multistate assessment consortium in which the State participates requires certificated education professionals to administer an assessment, the principal of a public school may select any employee to administer an assessment.

  (2) The local superintendent shall review and approve the principal's selection under paragraph (1) of this subsection before the assessment is administered.

(d) For each assessment administered in a local school system, each county board shall provide the following information:

  (1) The title of the assessment;

  (2) The purpose of the assessment;

  (3) Whether the assessment is mandated by a local, State, or federal entity;

  (4) The grade level or subject area, as appropriate, to which the test is administered;

  (5) The testing window of the assessment; and

  (6) Whether accommodations are available for students with special needs and what the accommodations are.

(e) On or before October 15 of each year, the information required under subsection (d) of this section shall be:

  (1) Updated;

  (2) Posted on the website of the county board; and

  (3) Included in the annual update of the county board's master plan required under Sec. 5-401 of this article.

#### Section 7-203.4

(a)

  (1) For each public school identified by the Department for comprehensive support and improvement, the county board shall develop and implement a Comprehensive Support and Improvement Plan to improve student outcomes at the school.

  (2) The plan developed under paragraph (1) of this subsection shall:

    (i) Be developed in consultation with principals, parents, local community leaders, local employer leaders, local government leaders, teachers, school staff, and the exclusive bargaining representative;

    (ii) Include the school quality indicators described under Sec. 7-203(c) of this subtitle;

    (iii) Include evidence-based interventions;

    (iv) Be based on school-level needs assessments; and

    (v) Identify resource inequities and budgetary needs.

  (3) The school, county board, and the Department shall approve the plan.

  (4) The Department shall monitor and annually review the plan.

(b)

  (1) For each public school identified by the Department for targeted support and improvement, the school shall develop and implement a Targeted Support and Improvement Plan to improve student outcomes at the school.

  (2) The plan developed under paragraph (1) of this subsection shall meet the requirements of subsection (a)(2) of this section.

  (3) The county board shall monitor and annually review the plan.

(c) Plans developed under subsections (a)(1) and (b)(1) of this section shall be implemented in compliance with existing collective bargaining agreements between the county board and the exclusive bargaining representative.

(d) The Department shall distribute federal funds for the implementation of plans developed under subsections (a)(1) and (b)(1) of this section based on a formula and driven by the identified needs of each school identified by the Department.

(e)

  (1) After a 2-year period from the date of a plan's implementation under subsections (a)(1) and (b)(1) of this section, if a county board determines that student outcomes have not improved at a public school, the county board shall consult with the school to develop additional strategies and interventions including funding, community supports, and grants provided in the Public School Opportunities Enhancement Program.

  (2) Notwithstanding any law, regulation, or executive order, a plan under this section may include a lengthening of the school year beyond 180 days or any other limitation.

  (3) Nothing in this subsection shall be construed to authorize the Department to require a county board to implement a specific intervention strategy.

(f)

  (1) After a 3-year period from the date of a plan's implementation under subsections (a)(1) and (b)(1) of this section, if the Department determines that student outcomes have not improved at a public school and intervention is necessary, the Department shall collaborate with the county board in determining the appropriate intervention strategy, subject to existing collective bargaining agreements between the county board and the exclusive bargaining representative.

  (2) An intervention strategy determined under paragraph (1) of this subsection may not include:

    (i) Creating a State-run school district;

    (ii) Creating a local school system in addition to the 24 school systems established in this article;

    (iii) Converting or creating a new public school without local board approval;

    (iv) Issuing scholarships to public school students to attend nonpublic schools through direct vouchers, tax credit programs, or education savings accounts; and

    (v) Contracting with a for-profit company.

  (3) A decision of the Department under this subsection is final.

#### Section 7-203.5

(a) Beginning with students in the 9th grade in the 2021-2022 school year, each school system shall implement a 9th grade tracker system to measure each student's progress toward graduating on time, including credit accumulation and the number of semester core course failures during the first year of high school for students completing the 9th grade year.

(b) Each county board periodically shall provide a report to the school where the student is enrolled for further academic intervention to allow the student to graduate on time.

(c) On or before September 1, 2022, and each September 1 thereafter, each county board shall report to the Department the data collected under subsection (a) of this section on students in the 9th grade in the immediately preceding school year.

(d) On or before December 1, 2022, and each December 1 thereafter, the Department shall compile and submit a statewide report on information reported under subsection (c) of this section to the Accountability and Implementation Board and the Maryland Longitudinal Data System Center.

#### Section 7-204

(a)

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

  (2) "Criterion-referenced test" means a measuring instrument that meets common standards or criteria including validity, reliability, objectivity, efficiency, and usefulness.

  (3) "Measurement" means a procedure for determining quantity.

  (4) "Standardized test" means a measuring instrument that:

    (i) Is designed to measure important common outcomes of representative courses of study;

    (ii) Is administered according to specific detailed directions prescribed in a manual;

    (iii) Is scored by an objective procedure;

    (iv) Provides norms for comparison of individual scores with representative group scores; and

    (v) Provides information needed for judging the value of the test.

  (5) "Test" means a method, technique, or instrument that measures the amount, status, or level of progress achieved toward an instructional objective.

  (6) "Test objectivity" means a set of conditions leading to standard procedure and interpretation, and the elimination of all elements of personal bias.

  (7) "Test reliability" means the consistency with which a test can be trusted to give the same or similar scores or descriptions of behaviors at different times.

  (8) "Test validity" means the extent to which an appraisal technique actually measures the element it is designed to measure.

(b)

  (1) The State Board shall conduct a comprehensive, in-depth assessment of State mandated testing and measurement programs.

  (2) The assessment shall include for each State mandated testing or measurement program an evaluation of:

    (i) Costs of materials for administering the testing and measurement programs;

    (ii) The efficiency and effectiveness of the testing and measurement programs;

    (iii) Administrative procedures and costs associated with the testing and measurement programs;

    (iv) Allocation of time devoted to testing and measurement; and

    (v) Methods for scoring and utilization of test results.

  (3) The assessment shall include an analysis of the validity, reliability, and objectivity of all testing and measurement instruments including:

    (i) Standardized tests;

    (ii) Criterion-referenced tests; and

    (iii) The functional testing program established under Sec. 7-203 of this subtitle.

(c) For any test instrument authorized for use in a State mandated testing and measurement program, the Board shall recommend procedures and standards for determining test validity, test reliability, and test objectivity.

#### Section 7-205

(a) In this section, "homeless youth" has the meaning stated in the McKinney-Vento Homeless Assistance Act.

(b) The promotion of students in a public school and graduation from a public high school shall be in accordance with:

  (1) Except as provided in subsection (d) of this section, policies established by the county board; and

  (2) The rules and regulations of the State Board.

(c)

  (1) Each student who graduates from a public high school shall receive the same type of diploma or certificate, regardless of the high school attended or the course taken.

  (2) The diploma or certificate shall state that the student has completed a program of studies satisfactorily in accordance with the requirements of the State Board.

(d)

  (1) Subject to paragraph (2) of this subsection, a county board shall waive all high school graduation requirements, including required coursework, established by the county board that are in addition to the high school graduation requirements established by the State Board for a student in foster care or who is a homeless youth, if the student while in grade 11 or 12 transfers into the local school system from a different local school system in the State.

  (2) A county board may not waive the requirements under paragraph (1) of this subsection if the county board makes a finding that the student is reasonably able to complete the county high school graduation requirements in time to graduate from high school while the student remains eligible for foster care benefits.

#### Section 7-205.1

(a) In this section, "CCR standard" means the college and career readiness standards established under this section.

(b)

  (1) The State Board shall establish high school curriculum, college and career readiness standards, and graduation requirements for all public schools in accordance with this section.

  (2) The State Board shall coordinate and consult with the Maryland Higher Education Commission, the Governor's Workforce Development Board, the Maryland Association of Community Colleges, and the Accountability and Implementation Board in performing its duties under this subsection.

(c)

  (1)

    (i) It is the goal of the State that students enrolled in public school shall meet the CCR standard before the end of the 10th grade and no later than the time the student graduates from high school.

    (ii) It is the goal of the State that each student enrolled in public school, regardless of the student's race, ethnicity, gender, address, socioeconomic status, or the language spoken in the student's home, shall have equitable access to college and career readiness and shall meet the CCR standard at an equal rate.

  (2) A student shall meet the CCR standard when the student meets a standard in English language arts, mathematics, and, when practicable, science that enables the student to be successful in entry level credit bearing courses or postsecondary education training at a State community college.

  (3) The Blueprint for Maryland's Future and the CCR standard established under this section are not intended to alter the need for high quality programs and content in fine arts, civics, physical education, and other areas that are necessary to provide a holistic education and enable every student to be well-rounded and meet the CCR standard.

  (4) On or before January 1, 2022, the Department shall develop and begin to implement a communication strategy to inform parents, students, educators, and the wider public about the CCR standard developed under this section.

(d)

  (1) Beginning with the 2021-2022 school year, each student shall be assessed no later than the 10th grade by a method adopted by the State Board to determine whether the student meets the CCR standard required under subsection (c) of this section.

  (2)

    (i) Meeting the CCR standard shall initially require a student to achieve the equivalent of a score of 4 or 5 in the mathematics and English portions of the Partnership for Assessment of Readiness for College and Career grade 10 assessments or the Maryland Comprehensive Assessment Program grade 10 assessments or any successor assessments.

    (ii) After the empirical study required under paragraph (3) of this subsection is complete, the CCR standard shall reflect the results of that study.

  (3)

    (i) On or before July 1, 2022, the Department, in consultation with the Accountability and Implementation Board, shall contract with a public or private entity to conduct an empirical study of the CCR standard required under this subsection to determine whether that standard adequately meets the CCR standard required under subsection (c) of this section.

    (ii)

      (1) An entity with whom the Department contracts under this paragraph shall determine the levels and types of literacy in reading, writing, mathematics, and, when practicable, science, that are needed to succeed in entry-level courses and postsecondary training offered at community colleges in the State.

      (2) In performing the study required under this subparagraph, the entity shall:

      (A) Examine top-performing educational systems throughout the world, comparing these systems to the education offered in the State; and

      (B) Consider potential sources of bias in any proposed assessment and strive to eliminate any potential bias in a proposed CCR modification.

    (iii) An entity responsible for conducting the study under this paragraph may not be reimbursed for international travel but may be reimbursed for reasonable domestic travel.

    (iv) On or before September 1, 2023, the entity shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly, and the Accountability and Implementation Board on the results of its study and recommendations to modify the CCR standard to align with the literacy standards necessary to be successful in State community colleges and, to the extent applicable, comparable postsecondary institutions in top performing systems.

  (4) After the study conducted under paragraph (3) of this subsection is complete, and periodically thereafter, the State Board shall:

    (i) Adopt a new CCR standard as required by paragraph (2) of this subsection;

    (ii) Determine whether the assessments required under paragraph (1) of this subsection are sufficient to determine whether high school students meet the CCR standard, including whether the assessments contain any potential bias; and

    (iii) If the assessments are not sufficient, adjust the assessments accordingly.

(e)

  (1)

    (i) Each county board, in collaboration with the community colleges, shall develop and implement by the 2023-2024 school year a program of study for students who have not met the CCR standard by the end of the 10th grade.

    (ii) Courses developed under this paragraph shall include applied experiential courses that are highly engaging and focus on the completion of projects and solution of problems as core course components.

  (2) Courses under this subsection shall be delivered:

    (i) In the 11th and 12th grades to students who have not achieved the CCR standard by the end of the 10th grade; and

    (ii) Subject to the requirements under paragraph (4) of this subsection, before the 10th grade for a student who is not on track to meet the CCR standard by the end of the 10th grade.

  (3)

    (i) The implementation of the courses required under this subsection:

      (1) Shall include an assessment or reassessment of the student after completion of the course;

      (2) May not preclude or replace enrollment in a course otherwise required for graduation from high school; and

      (3) Subject to subparagraph (ii) of this paragraph, beginning with the 2022-2023 school year, may not preclude enrollment in the initial stages of one or more post-CCR pathways established under subsection (g) of this section, including the opportunity to make progress towards a CTE credential.

    (ii) When the Accountability and Implementation Board determines that the Blueprint for Maryland's Future has been fully implemented, post-CCR pathways shall be available only to students who have met the CCR standard, except under limited circumstances determined by the Board.

  (4)

    (i) A middle school or high school student who is not progressing in a manner that would predictably result in the student meeting the CCR standard by the end of the 10th grade shall be enrolled in an extended curriculum with alternative approaches that are tailored to the student's specific circumstances and needs.

    (ii) The extended curriculum may include culturally responsive lessons, adjustment in pedagogy, with an emphasis on project-based and problem-based applied learning, and varied instructional timing.

    (iii) A student may be placed in the extended curriculum for specific subjects.

    (iv) A student who is close to meeting the CCR standard by the end of the 10th grade may be enrolled in an extended summer curriculum.

    (v) A student who is placed in the extended curriculum and makes more progress than expected may be returned to other courses.

(f)

  (1) Each student who has not met the CCR standard by the end of the 10th grade shall receive an individualized plan designed to prepare the student for success in meeting the CCR standard.

  (2) A teacher working with a student under this subsection shall:

    (i) Assemble a team of other teachers to monitor the student's progress;

    (ii) Meet with the student's parents or guardians to help plan for the student's success; and

    (iii) Work with public and private agencies to provide the student and the student's family with support necessary to foster the student's success.

(g)

  (1) Subject to paragraph (4) of this subsection, beginning in the 2023-2024 school year, each county board shall provide all students who meet the CCR standard required under subsection (c) of this section with access to the following post college and career readiness (post-CCR) pathways, at no cost to the student or the student's parents, including the cost of any fees:

    (i) A competitive entry college preparatory program, chosen by the county board, consisting of:

      (1) The International Baccalaureate Diploma Program;

      (2) The Cambridge AICE Diploma Program; or

      (3) A comparable program consisting of Advanced Placement courses specified by the College Board;

    (ii) A program that allows a student, through an early college program or dual enrollment at a student's high school and an institution of higher education to earn:

      (1) An associate degree; or

      (2) At least 60 credits toward a bachelor's degree; and

    (iii) A robust set of career and technology education programs that are adopted by the CTE Committee and that allow students to complete:

      (1) A credit or noncredit certificate or license program, course, or sequence of courses, including a program, course, or courses taken through dual enrollment under Sec. 15-127 of this article, at a secondary or postsecondary institution, through an Advanced Placement course at a secondary institution, or through an apprenticeship sponsor that leads to an industry recognized occupational-credential or postsecondary certificate;

      (2) A registered apprenticeship program approved by the Division of Workforce Development and Adult Learning within the Maryland Department of Labor; or

      (3) A youth apprenticeship program, under Title 18, Subtitle 18 of this article.

  (2) Each public high school shall provide access to the programs described under paragraph (1) of this subsection through that public school or through another public school in the county.

  (3)

    (i) Each student who meets the CCR standard required under subsection (c) of this section shall be enrolled in at least one post-CCR pathway described in paragraph (1) of this subsection.

    (ii) Each student who enrolls in a post-CCR pathway shall remain enrolled in the student's public high school.

    (iii) Each public high school shall provide to every student, regardless of whether the student is enrolled in a post-CCR pathway, the full range of services to which the student is entitled, including:

      (1) Personal, career, and academic advising; and

      (2) Counseling, in accordance with Sec. 7-126 of this title, to help the student choose one or more post-CCR pathways, or courses within a post-CCR pathway, that fits with the student's educational and career goals.

    (iv) Priority for counseling and advising services described under subparagraph (iii) of this paragraph shall be given to students who have not met the CCR standard by the end of 10th grade.

    (v) Any high school graduation requirements that a student does not meet by the time the student has completed the assessment required under subsection (d) of this section shall be provided within the post-CCR pathway the student chooses.

  (4) To phase in expansion of dual enrollment to maximize the number of students who can earn the maximum number of dual enrollment credits consistent with the phased increases in school funding, for fiscal years 2025 through 2030, the State Board and the Accountability and Implementation Board, in consultation with each local school system, may limit the number and types of courses that a student dually enrolled at the student's public high school and at an institution of higher education may enroll in during the school year at the institution of higher education as part of the post-CCR pathway in accordance with paragraph (1) of this subsection and Sec. 15-127 of this article.

  (5)

    (i) The State Board shall adopt regulations to carry out this subsection.

    (ii) The regulations shall include standards that:

      (1) Guarantee, to the extent practicable, statewide uniformity in the quality of the post-CCR pathways;

      (2) Meet the requirements of paragraph (1) of this subsection; and

      (3) Require high school graduation credit to be awarded for any programs administered in accordance with this subsection.

(h)

  (1)

    (i) Beginning with the 9th grade class of 2014, and subject to paragraph (2) of this subsection and subsection (j) of this section, each student shall enroll in a mathematics course in each year that the student attends high school.

    (ii) The requirements of this subsection may be achieved under post-CCR pathways.

  (2) The Department shall adopt regulations that establish the mathematics and math-related courses that fulfill the requirements of this subsection, which may include math-related career and technical program courses.

(i) It is the goal of the State that:

  (1) Subject to item (2) of this subsection, all students achieve mathematics competency in Algebra II; and

  (2) After the completion of the study required under subsection (d) of this section, all students achieve mathematics competency in the standard the State Board adopts in response to the study.

(j) A student who is enrolled in a credit-bearing mathematics transition course under subsection (e) of this section:

  (1) Subject to item (2) of this subsection, shall be considered to meet the requirements of subsection (h) of this section; and

  (2) May not be considered to meet the requirements of subsection (h) of this section if other credit-bearing courses required for graduation have not been met.

(k) The State Board may only require a passing score on a standardized assessment to evaluate a student for graduation from high school after the assessment has been field-tested and piloted for at least 1 year.

(l)

  (1) The Department shall adopt regulations to require the award of credit toward high school graduation requirements for the time students spend participating in post-CCR pathways under subsection (h) of this section.

  (2) The Department's regulations shall include high school credit towards the high school graduation requirements for any college courses that are approved by the Department.

#### Section 7-205.2

(a)

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

  (2) "Automated external defibrillator" has the meaning stated in Sec. 13-517 of this article.

  (3) "Psychomotor skills" means the use of hands-on practicing to support cognitive learning.

(b) Beginning with students entering grade 9 in the 2015-2016 school year, a student shall complete, as part of the health or physical education curriculum, instruction in cardiopulmonary resuscitation that includes hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator.

(c) Beginning in the 2015-2016 school year, each county board shall provide, as part of the health or physical education curriculum, instruction in cardiopulmonary resuscitation that includes hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator in every public school that enrolls students in any of the grades 9 through 12 in the county.

(d) The instruction required under subsections (b) and (c) of this section shall:

  (1) Use an instructional program that is:

    (i) Developed by the American Heart Association or the American Red Cross; or

    (ii) Approved by the Department and the county board and is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator; and

  (2) Incorporate the psychomotor skills necessary to perform cardiopulmonary resuscitation and to use an automated external defibrillator.

(e)

  (1) If the instruction required under subsections (b) and (c) of this section is offered for certification, the course must be conducted by an individual who is certified by the American Heart Association, the American Red Cross, or a similar nationally recognized entity as an instructor of cardiopulmonary resuscitation and the use of an automated external defibrillator.

  (2) If the instruction required under subsections (b) and (c) of this section is not offered for certification, a teacher who is not a certified instructor of cardiopulmonary resuscitation and the use of an automated external defibrillator may facilitate, provide, or oversee the instruction.

(f) The Department shall develop a process to monitor the implementation of the requirements established under this section.

#### Section 7-205.4

Notwithstanding any other provision of law, a county board may award credit to a high school student toward a high school diploma or a postsecondary credential, or both, for the work-based training and classroom instruction completed under a registered apprenticeship program.

#### Section 7-206.1

(a) An individual honorably discharged from military service may apply to obtain a high school diploma if the individual withdrew from a regular full-time public or private high school accredited by the State Board to enlist in the armed forces during:

  (1) World War II;

  (2) The Korean Conflict; or

  (3) The Vietnam Conflict.

(b) To obtain a high school diploma under subsection (a) of this section, the individual shall apply to the county board in the county where the individual resides or where the school from which the individual withdrew was located.

(c) Each county board shall adopt rules and regulations to establish procedures for awarding diplomas under this section.

#### Section 7-207

(a)

  (1) There is a program of State Merit Scholastic Awards.

  (2) The awards shall be issued annually by the Governor.

(b)

  (1) On or before April 1 of each year, the principal of each senior high school shall present to the Governor a list of nominees for a State Merit Scholastic Award.

  (2) The list shall consist of the names of the top 5 percent of the students in the graduating class.

(c) Each nominee shall be recommended for scholastic achievement.

(d) The Governor shall issue to each student nominated for the award an appropriate certificate that recognizes the excellence of scholastic achievement of the student.

#### Section 7-208

(a)

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

  (2) "Eligible student" means a student who attends a public high school that participates in the Maryland Seal of Biliteracy Program.

  (3)

    (i) "Foreign language" means a language other than English.

    (ii) "Foreign language" includes American Sign Language and any Native American language.

  (4) "Program" means the Maryland Seal of Biliteracy Program.

(b) There is a Maryland Seal of Biliteracy Program that recognizes public high school graduates in the State who have attained proficiency in speaking, reading, and writing in one or more languages in addition to English.

(c) The purpose of the Program is to promote linguistic proficiency and cultural literacy in one or more languages in addition to English and to provide recognition of the attainment of those skills by affixing a Seal of Biliteracy to the student's diploma or transcript at graduation, at no cost to the student.

(d)

  (1) Participation in the Program by a local school system is voluntary.

  (2) If a local school system chooses to participate in the Program, an individual school may not opt out of participation in the Program.

(e)

  (1) Beginning with the graduating class of 2017, each eligible student who meets the criteria and requirements established by the State Board in accordance with subsection (f)(1) of this section shall receive a Seal of Biliteracy.

  (2) A Seal of Biliteracy shall be affixed to the student's diploma or transcript at graduation.

(f) On or before October 1, 2016, the State Board shall:

  (1) Establish criteria and requirements a student must meet to receive a Seal of Biliteracy; and

  (2) Provide information to each local school system regarding how to participate in and how to implement the Program.

(g) A local school system participating in the Program shall:

  (1) Maintain records necessary for determining a student's eligibility for a Seal of Biliteracy; and

  (2) Affix a Seal of Biliteracy to the diploma or transcript of every eligible student meeting the criteria and requirements established by the State Board in accordance with subsection (f)(1) of this section.

(h) The State Board shall adopt regulations to carry out this section.

#### Section 7-210

(a) Beginning in the 2022-2023 school year, a racially and culturally unbiased statewide kindergarten assessment that is administered with the purpose of measuring school readiness to be used for diagnostic purposes, curriculum development, and early detection of learning challenges shall be given to all incoming kindergarten students in the State and:

  (1) May include an evaluation of:

    (i) Language and literacy skills;

    (ii) Academic knowledge in mathematics, science, and social studies;

    (iii) Physical development; and

    (iv) Social development; and

  (2) Shall be completed on or before October 10 with the aggregate results returned within 45 days after administration of the assessment.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a statewide kindergarten assessment may not be administered to an enrolled prekindergarten student.

  (2) A statewide kindergarten assessment or early learning assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school-based professional who intends to use the results in order to identify a disability.

(c) Subject to subsection (d) of this section, a county board:

  (1) Is encouraged to administer a portion of the assessment to students in the county during the summer months before kindergarten begins; and

  (2) May administer the remaining portion of the assessment during the school year.

(d) Before administering the early learning assessment, a county board shall consult with kindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.

(e) The assessment in this section shall be the sole diagnostic assessment for measuring school readiness.

(f) The Department shall adopt regulations to implement the requirements of this section.

#### Section 7-211

A local school system may not charge a student a fee for enrollment in a summer school course if:

(1) The student attends a school in the local school system;

(2) Credit for the course is required for graduation from a high school in the local school system; and

(3) The student previously took the course, but did not successfully complete or receive credit for the course.

#### Section 7-212

(a)

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

  (2) "FAFSA" means the Free Application for Federal Student Aid.

  (3) "MSFAA" means the Maryland State Financial Aid Application.

(b)

  (1) Each county board shall encourage and assist as many high school seniors as possible in completing and submitting a FAFSA, or a MSFAA if ineligible to complete a FAFSA, by the deadline for eligibility for State financial aid set by the Maryland Higher Education Commission.

  (2) A county board shall develop an outreach plan to achieve the objective under paragraph (1) of this subsection.

  (3) Each outreach plan shall include:

    (i) Completion of a data sharing agreement with the Commission to receive FAFSA Filing Status Information under the federal FAFSA Completion Initiative;

    (ii) At least three evening or weekend financial aid nights at each school that provide information and assistance to students and their parents or guardians in completing the FAFSA, or the MSFAA if ineligible to complete the FAFSA;

    (iii) A description of partnerships, if any, with:

      (1) A community college or 4-year institution of higher education servicing that jurisdiction; or

      (2) Nonprofit organizations with the purpose of assisting students with accessing postsecondary education or college access organizations;

    (iv) A description of the county's student awareness campaign about completing the FAFSA, or the MSFAA if ineligible to complete the FAFSA, and the postsecondary education financial aid planning process, including when during the high school years students will begin receiving information; and

    (v) Plans to ensure that students and their families from the following populations intentionally receive the necessary information, assistance, and support:

      (1) Traditionally underserved students, including low-income, minority, and nonnative English speakers;

      (2) Unaccompanied and homeless youth; and

      (3) Foster children.

  (4) Each county board shall:

    (i) Update its outreach plan each year to address gaps and disparities among schools and student populations; and

    (ii) On or before October 1, 2022, and each October 1 thereafter, send a copy of its outreach plan required under this subsection to the Department, the Maryland Higher Education Commission, the Financial Assistance Advisory Council, and the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with Sec. 2-1257 of the State Government Article.

(c)

  (1) On or before December 15 each year, beginning in 2023 and ending in 2028, the Maryland Longitudinal Data System Center shall submit a report to the Senate Education, Energy, and the Environment Committee, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with Sec. 2-1257 of the State Government Article, on:

    (i) The number of students who completed and submitted the FAFSA in the immediately preceding school year;

    (ii) The number of students who did not complete and submit the FAFSA in the immediately preceding school year; and

    (iii) The number of students who completed the FAFSA by the deadline for eligibility for State financial aid.

  (2) The Maryland Longitudinal Data System shall disaggregate the information reported under paragraph (1) of this subsection by county and other student subgroups.

  (3) The Commission shall provide the Maryland Longitudinal Data System Center with access to student FAFSA data:

    (i) In the federal Student Aid Internet Gateway; and

    (ii) Collected by the Office of Student Financial Aid.

(d)

  (1) On or before April 1, 2022, the Financial Assistance Advisory Council in the Maryland Higher Education Commission shall submit a report to the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with Sec. 2-1257 of the State Government Article, on ways to assist county boards with connecting students to financial aid opportunities, including:

    (i) Identifying best practices; and

    (ii) Compiling relevant materials and toolkits.

  (2) On or before December 1, 2022, and each December 1 thereafter, the Financial Assistance Advisory Council in the Maryland Higher Education Commission shall review the plans submitted under subsection (b)(4) of this section and the data reported under subsection (c)(1) of this section to make recommendations on updates to county board outreach plans.

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