With the assistance of the county health department, each county board shall provide:
Adequate school health services;
Instruction in health education, including the importance of physical activity in maintaining good health; and
A healthful school environment.
The Department and the Maryland Department of Health jointly shall:
Develop public standards and guidelines for school health programs; and
Offer assistance to the county boards and county health departments in their implementation.
Each county board shall designate a school health services program coordinator.
A county board may authorize the county health department to designate the school health services program coordinator.
The school health services program coordinator shall:
Implement State and local health policies in the public schools;
Ensure that public schools adhere to local health services guidelines; and
Communicate State and local health policies to the parents and guardians of public school students.
Except as provided in subparagraph (ii) of this paragraph, the county board shall grant the school health services program coordinator the authority to carry out the provisions of this subsection.
The county board shall consult with a county superintendent before any change in the hiring or termination of personnel in connection with a school health services program.
The Department shall conduct at least two meetings annually with all school health services program coordinators in the State.
On or before December 1, 2015, and every 5 years thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a summary of the information reported to the State Superintendent during the COMAR certification process.
The Department in consultation with the Maryland Department of Health shall adopt regulations requiring a physical examination for children entering the Maryland Public School System for the first time.
The regulations shall require each child entering the Maryland Public School System for the first time to have a physical examination completed within:
The 9–month period before entering the public school system; or
The 6–month period after entering the public school system.
The physical examination required under subsection (b) of this section shall be completed by:
A licensed physician;
A licensed physician assistant who has an active collaboration agreement; or
A certified nurse practitioner.
For each school year each public school shall report to the county board or county health department the number of children entering the public school system for the first time who have not had a physical examination because of:
The lack of access to health care;
Insufficient financial resources; or
Any other reason, including a religious reason, as the public school deems appropriate.
The county board or county health department shall report the information obtained under paragraph (1) of this subsection to the Maryland Department of Health.
In cooperation with the State Board and the Maryland State Medical Society, the Maryland Department of Health shall adopt rules and regulations regarding blood tests for lead poisoning required of children entering schools.
In cooperation with the State Board and the Statewide Advisory Commission on Immunizations, the Maryland Department of Health shall adopt rules and regulations regarding immunizations required of children entering schools.
These rules and regulations shall:
Be adopted in compliance with the Administrative Procedure Act;
Provide that any child may have the immunization administered by his personal physician; and
By September 2003, in areas designated as at risk for lead poisoning, as determined under § 18–106 of the Health – General Article, when a child enters a public prekindergarten program, kindergarten program, or first grade, require the parent or legal guardian of the child to provide documentation from a health care provider, on a form developed by the Maryland Department of Health, certifying that the child has undergone blood testing for lead poisoning administered in accordance with the guidelines of the Centers for Disease Control and Prevention in the screening of young children for lead poisoning: Guidance for State and Local Public Health Officials (November 1997) and any subsequent guidelines; and
By September 2003, require a program or school to report the name, last known address, and telephone number of each child for whom certified documentation of a lead test is not provided under item 1 of this item, as determined by regulation, to the local health department in the jurisdiction where the child resides.
Any requirement for the administration of pertussis vaccine shall be consistent with § 18–332(b) of the Health – General Article.
Unless the Secretary of Health declares an emergency or an epidemic of disease, a child whose parent or guardian objects to immunization on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices may not be required to present a physician’s certification of immunization in order to be admitted to school.
The Secretary of Health shall adopt rules and regulations for religious exemptions under this subsection.
Each county board or county health department shall provide hearing and vision screenings for all students in the public schools.
Each county health department shall provide and fund hearing and vision screenings for all students:
In any private school that has received a certificate of approval under § 2–206 of this article; and
In any nonpublic educational facility in this State approved as a special education facility by the Department.
Unless evidence is presented that a student has been tested by an optometrist or ophthalmologist within the past year, the screenings required under subsection (a) of this section shall be given in the year that a student enters a school system, enters the first grade, and enters the eighth or ninth grade.
Further screening shall be done in accordance with:
The bylaws adopted by the State Board; or
Policies adopted by a county board or a county health department.
The results of the hearing and vision screenings required by this section shall be:
Made a part of the permanent record file of each student;
Given to the parents or guardians of each student, with educational materials that include the following:
A disclaimer that a vision screening is not a substitute for a comprehensive eye exam performed by an optometrist or ophthalmologist;
An overview of visual impairments and an explanation of the potential educational impact of untreated visual impairments; and
A list of at–risk groups that are encouraged to have a comprehensive eye examination by an optometrist or ophthalmologist; and
Reported to the county board or the county health department.
Additional information shall be provided to the parents or guardians of a student who fails the vision screening that includes:
Notice that the results of the screening indicate that the student may have a vision disorder;
A recommendation to the parent or guardian that the student be tested by an optometrist or ophthalmologist;
A description of the warning signs, symptoms, risk factors, and behavioral problems associated with vision disorders or eye conditions;
A description of the difference between eye examinations and the vision screenings required under this section;
Information on how to enroll in the Maryland Medical Assistance Program; and
Information on locally available free or low–cost nonprofit programs that provide eye examinations and eyeglasses for children, if any.
On a form provided by the county board or the county health department, a parent or guardian shall report to the county board or the county health department on the recommended services received by a student who failed the screenings.
The county board or the county health department shall report to the Maryland Department of Health:
The results of the hearing and vision screenings; and
To the extent practicable, the number of students receiving the recommended services.
The Maryland Department of Health shall:
Review the reports submitted under this subsection; and
In counties where fewer than 50% of students who have failed the screenings are receiving the recommended services, coordinate with the county board or the county health department to implement measures to improve the number of students receiving the recommended services.
In cooperation with the Maryland Department of Health, the Department shall adopt standards, rules, and regulations to carry out the provisions of this section.
A student whose parent or guardian objects in writing to hearing and vision screening on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which he is an adherent or member may not be required to take these screenings.
An individual who has tuberculosis in a communicable stage may not work in any capacity in a public, private, or parochial school.
A school employee may be required to furnish a current certification to the school administration that the employee is free of tuberculosis in a communicable stage.
The health officer of a county or the Baltimore City Commissioner of Health may require an employee to furnish the certification when:
The employee is first employed; and
At any other time that the health officer or the Baltimore City Commissioner of Health deems necessary.
This certification shall be based on results of specific tests.
The types of tests and the intervals between these tests shall:
Be regulated by the health officer or Commissioner; and
Conform to the standards of the Maryland Department of Health.
In this section, “industrial quality eye protective device” means a device that meets the standards of the American Standard Safety Code for Head, Eye, and Respiratory Protection, Z 2.1–1959, adopted by the American Standards Association, Incorporated.
Each student and teacher in a school or other educational institution shall be required to wear an industrial quality eye protective device at all times while working in:
A career and technology classroom or laboratory that involves the use of or exposure to:
Hot molten metal;
Milling, sawing, turning, shaping, cutting, or stamping of any solid material;
Heat treatment, tempering, or kiln firing of any metal or other material;
Gas or electric arc welding;
Repair or servicing of any vehicle; or
Any caustic or explosive material; or
A chemical or combined chemical–physical laboratory that involves any caustic or explosive chemical or hot liquid or solid.
The school may furnish industrial quality eye protective devices to its students and teachers and to any visitor to its classrooms or laboratories specified in subsection (b) of this section.
The school may buy these protective eye devices in large quantities and sell them at cost to its students and teachers.
The State Superintendent shall require each county superintendent to hold a fire drill in each public school in accordance with the State Fire Prevention Code established under § 6–206 of the Public Safety Article.
Each public school shall:
Keep records of these fire drills; and
Send a copy to the county superintendent.
Each nonpublic school in the State shall hold fire drills in accordance with the State Fire Prevention Code established under § 6–206 of the Public Safety Article.
Each nonpublic school shall:
Keep records of these fire drills; and
Send a copy of the records to the State Board.
Each public school shall have a program of physical education that is given in a planned and sequential manner to all students, kindergarten through grade 12, to develop their good health and physical fitness and improve their motor coordination and physical skills.
The Department shall:
Employ a full–time director of physical education;
Subject to paragraph (2) of this subsection, adopt regulations that require a public school building that is newly constructed or completely renovated and occupied on or after January 1, 2013, to include a gymnasium and adequate support space for physical education instruction; and
Adopt guidelines for facilities for physical education programs.
The regulations adopted under paragraph (1)(ii) of this subsection shall include a process by which a local school system that is conducting a complete renovation of a public school building may request a waiver, based on land or zoning constraints, from the requirement to include a gymnasium.
Each local school system may develop and implement an annual Wellness Policy Implementation and Monitoring Plan to be used to:
Establish baseline student data for the health–related components of physical fitness;
Assist students with the development of personal physical fitness plans;
Encourage appropriate interventions for students identified as having unhealthy levels of physical fitness;
Identify effective practices for improvement of student health–related physical fitness; and
Encourage partnerships with health agencies to address student health–related issues in the State.
The Department shall:
Develop a procedure to monitor and measure the implementation of a local school system’s Wellness Policy Implementation and Monitoring Plan;
Provide feedback and technical assistance to each local school system that implements a Wellness Policy Implementation and Monitoring Plan;
Identify and distribute to each local school system effective wellness policy practices for physical activity and physical education; and
Provide staff support to each local school system that implements a Wellness Policy Implementation and Monitoring Plan.
Each local school system that implements a Wellness Policy Implementation and Monitoring Plan under subsection (c) of this section shall submit to the Department:
The local school system’s Wellness Policy Implementation and Monitoring Plan, that shall include:
Policy goals;
Activities;
Expected outcomes; and
Measurements for physical activity and physical education; and
An annual report on the local school system’s progress toward achieving the policy goals of the implementation plan.
The Department shall establish an Advisory Council on Health and Physical Education.
The Advisory Council shall consist of the following members, selected by each organization from which the member is a representative:
A representative from the Department;
A representative from the Maryland Parent–Teacher Association;
A representative from the Maryland State Teachers Association;
A representative from the Public School Superintendents Association of Maryland;
Representatives from each local school system;
A representative from the Maryland Association of Boards of Education;
A representative from the Maryland Association of Counties;
A representative from the Governor’s Council on Physical Fitness and Sport;
A representative of the Professional Organization for Health, Physical Education, Recreation, and Dance;
A representative from an institution of higher education having a health and physical education teacher education program;
A representative from Special Olympics of Maryland;
A representative from the Maryland Department of Health;
A representative from the American Academy of Pediatrics; and
Representatives from the following health organizations:
The American Heart Association;
The American Cancer Society; and
The American Diabetes Association.
From among its members, the Council shall elect a chair, vice chair, and any other officers necessary to carry out the Advisory Council’s functions.
The Department shall provide staff and other necessary support to the Advisory Council using existing resources.
A member of the Advisory Council may not receive compensation for serving on the Advisory Council, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Advisory Council shall meet at least twice each year and may hold additional meetings at the discretion of the chair or at the request of a majority of the members.
The Advisory Council shall:
Develop and coordinate programs in collaboration with public schools to educate students regarding the importance of:
Physical activity and physical movement;
The relationship of physical activity to a healthy lifestyle and improved fitness;
The relationship between healthy eating, physical activity, and maintaining a healthy weight; and
The value of physical activity and its relationship to improved academic achievement and stress reduction;
Identify promising health and physical education practices in the State;
Build a network of health and physical education professionals to share information and strengthen partnerships;
Support successful health and physical education programs in the State and encourage the expansion of those programs; and
Consult with organizations represented on the Advisory Council as appropriate.
The Advisory Council may:
Seek, accept, and expend funds from any source, including donations, State appropriations, and federal grants; and
Seek, accept, and use services from individuals, corporations, and government entities.
Each public school shall have a program of safety education that is organized and administered under the bylaws, rules, and regulations of the State Board.
The State Board shall develop and implement a program of drug addiction and prevention education in the public schools.
Except as provided in subsection (c)(2) of this section, this program shall be started before the sixth grade in each public school by teachers who are trained in the field of drug education.
The State Board shall establish standards for determining how a teacher is considered to be “trained in the field of drug addiction and prevention education” for the purposes of this section.
The program shall include instruction related to heroin and opioid addiction and prevention, including information relating to the lethal effect of fentanyl.
The instruction required under paragraph (1) of this subsection shall be:
Delivered in grade bands as follows:
Third grade through fifth grade;
Sixth grade through eighth grade; and
Ninth grade through twelfth grade; and
A stand–alone unit in the program.
This program shall be coordinated with other State agencies that are responsible for drug abuse education and control.
The State Board shall encourage the county boards to incorporate age–appropriate lessons on dating violence, diabetes and its treatment and prevention, oral disease prevention, and dental health promotion into the county boards’ health education curriculum.
On or before December 1, 2015, and every 5 years thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a summary of the information reported to the State Superintendent during the COMAR certification process.
If a student seeks information to overcome any form of drug abuse, as defined in § 8-101 of the Health - General Article, from a teacher, counselor, principal, or other professional educator employed by an educational institution that has received a certificate of approval under § 2-206 of this article, a statement, whether oral or written, made by the student or an observation or conclusion derived from the statement is not admissible against the student in any proceeding.
A rule, regulation, or order may not require disclosure of any report, statement, observation, conclusion, or other information that has been assembled or obtained by an educator through this contact.
By the fall of 1978, the State Board shall develop and implement a program of health education that deals specifically with the abuse of alcohol.
This program may be included in the drug education program under § 7-411 of this subtitle.
This program shall be coordinated with other State agencies that are responsible for alcohol abuse education and control.
Each county board may offer instruction in the safe operation of a motor vehicle to high school students who are 15 years old or older.
The instruction shall be given as provided by Title 16, Subtitle 5 of the Transportation Article.
Each county board shall determine whether the course is an elective or a required course.
The State Board shall determine what credit, if any, is allowed to successful students of the course.
The principal of each school that offers the driver education course shall arrange the time set aside for actual driving instruction so that it does not interfere with other school work.
Each motor vehicle used for instruction shall bear the identification required by the Motor Vehicle Administration.
If practicable, the actual driving instruction shall be conducted on private or public property that is removed from State roads.
In this section the following words have the meanings indicated.
“Fund” means the Driver Education in Public High Schools Fund.
“Program” means the Driver Education in Public High Schools Grant Program.
There is a Driver Education in Public High Schools Grant Program in the Department.
The purpose of the Program is to provide grants to public high schools and nonprofit organizations to assist public high schools in offering driver education courses for students consistent with the requirements of § 7–414 of this subtitle.
The Department shall:
Administer the Program;
Establish application procedures for the Program; and
Award grants from the Program.
Subject to the availability of money in the Fund, a public school or nonprofit organization may apply for a grant under the Program for expenses paid or incurred, or that will be paid or incurred, to offer a driver education course for students consistent with the requirements of § 7–414 of this subtitle.
When making grants, the Department shall prioritize:
Public high schools at which at least 40% of the registered students are eligible for the federal free or reduced price meal program; and
Nonprofit organizations working to offer a driver education course in a school at which at least 40% of the registered students are eligible for the federal free or reduced price meal program.
There is a Driver Education in Public High Schools Fund.
The Department shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money received by the Fund from fines for vehicle security lapses under § 17–106 of the Transportation Article; and
Any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
Providing grants under the Program; and
Administrative costs of the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the General Fund of the State.
The Department shall adopt regulations to carry out this section.
There is a School Health Program.
The general purpose of the Program is to implement a program in two areas of this State in which portions of the population currently are underserved.
The Program is designed to:
Improve the health of school age children in this State; and
Provide reports on the performance of the Program.
Each of the two areas of this State shall be served by separate and equal component parts. One part of the Program will be operated in Baltimore City and the other in Caroline County.
The specific purposes and objectives of the Program operated in Baltimore City are:
To encourage and promote appropriate and cost effective use of health care services;
To reduce unnecessary use of hospital emergency room services;
To demonstrate the efficacy of involving parents, students, and community organizations in school health programs, particularly with regard to recruiting and retaining students in school health programs; and
To assess whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care.
The specific purposes and objectives of the Program operated in Caroline County are:
To concentrate on the early identification, health counseling, and referral for mental health problems to prevent suicides;
To assess whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care; and
To provide the following health and referral services for students:
First aid;
Physical exams and sports physicals;
Care for minor and chronic illnesses;
Immunizations;
Preventive health education services;
Referrals for counseling at the County Health Department; and
Social services referrals.
Funds for this Program shall be used to acquire:
For the Baltimore City Program, the services of one full–time nurse practitioner, physician assistant, or other appropriate health care provider; and
For the Caroline County Program, the services of one full–time nurse practitioner, physician assistant, or other appropriate health care provider.
The local subdivisions shall be reimbursed for the purchase of necessary supplies for the Program.
The Maryland Department of Health or the Baltimore City Health Department shall designate a part–time health research design analyst:
To work with the local subdivisions to collect and analyze data during the Program period; and
Subject to § 2–1257 of the State Government Article, to prepare the reports to the General Assembly and the Secretary of Health on July 1, 1992, July 1, 1997, and July 1, 2001, on the status and success of the Program.
The Program staff shall develop or appropriately adapt an existing parental consent form for the provision of health services.
In Baltimore City, the nurse practitioner, physician assistant, or other appropriate health care provider shall be assigned to Walbrook Senior High School, P.S. 411.
The range of services provided by the nurse practitioner, physician assistant, or other appropriate health care provider with appropriate physician collaboration should, to the extent feasible, include:
Total health assessment including history, physical examination, and neurological evaluation for all entering students and handicapped students, provided however, that existing health records of the student shall be used if available;
Referral to and follow–up with identified primary care sources for each student in the targeted population;
Follow–up on treated sports injuries;
Management of selected minor illnesses and injuries in the school according to treatment protocols which will be developed; and
Establishment of working relationships with all teachers, especially health education teachers.
The nurse practitioner, physician assistant, or other appropriate health care provider shall, to the extent practicable:
Participate actively in the School Screening Committee;
Be responsible for the basic medical evaluation and certification for student placement;
Concentrate on early identification, health counseling, and referral for:
Venereal disease;
Drug abuse;
Alcoholism;
Handicapping conditions; and
Mental health problems;
Evaluate the relationship between use of the school health clinic services and use of hospital emergency room services;
Establish working relationships with parents, students, and community organizations to demonstrate the efficacy of involving parents, students, and community organizations in school health clinics to enhance recruitment and retention of students;
Evaluate, to the extent possible, the effect of participation in the program on the physical and mental well–being and school performance of the students;
Assess, to the extent possible, whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care;
Be responsible to the Bureau of School Health of the Baltimore City Health Department; and work closely with the school principal and staff;
Continue to function within the Baltimore City Health Department when the schools are not in session, by managing his or her caseload of school–age children in the community, including follow–through on referrals made during the school year, and the assessment of selected children in summer programs for certification of school placement; and
Be a part of the well–child clinic delivery system provided by the Baltimore City Health Department.
Physician consultation and collaboration in medical management of care shall be available at all times on–site or by telephone.
Other consultant services in the school health program, in the maternal child health program, or in the community health nursing program will be available as needed by the nurse practitioner, physician assistant, or other appropriate health care provider.
In Caroline County the nurse practitioner, physician assistant, or other appropriate health care provider will be assigned, to the extent practicable, to elementary and middle schools.
The services provided by the nurse practitioner, physician assistant, or other appropriate health care provider shall, to the extent practicable, include:
Assessment of the health status of all targeted students in the selected elementary and middle schools including history, physical examination, neuro-developmental evaluation, and all required early and periodic screening, diagnosis, and treatment programs;
Provision of health care including well-child care and treatment of common injuries and illnesses; and
Integration of health care with existing health care providers and health education programs directed at students, teachers, and parents.
The nurse practitioner, physician assistant, or other appropriate health care provider shall:
Collaborate with board certified or board eligible pediatricians in the health management of the school children;
Concentrate on the early identification, health counseling, and referral for mental health problems, with an emphasis on suicide prevention; and
Assess, to the extent possible, whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care.
A county board shall keep a copy of each inspection report concerning the asbestos inspection of each public school in the county.
Each public school shall keep for review during regular school hours upon request by any member of the public a copy of the inspection report concerning the asbestos inspection at the public school.
The Department, in coordination with the Maryland Department of Health, shall establish procedures for the administration of the Centers for Disease Control and Prevention Youth Risk Behavior Survey/Youth Tobacco Survey to public middle school and high school students in the State.
The Department, in coordination with the Maryland Department of Health:
May omit up to a maximum of one–third of the survey questions if the Department considers the content of the questions inappropriate; and
Shall include in the survey at least five questions from the Centers for Disease Control and Prevention Youth Risk Behavior Survey on adverse childhood experiences or positive childhood experiences.
The Department, in coordination with the Maryland Department of Health, shall require a local school system to utilize passive parental consent before administering the survey.
The local school system shall provide each parent with:
A statement that:
Notifies the parent that:
The survey is confidential;
The answers will be kept private;
The student’s name will not be required on the survey response sheet; and
The survey is designed to identify risk behaviors that may include safety behaviors such as use of helmets and seat belts, depression and mental health, use of tobacco, alcohol, or other drugs, nutrition and physical activity, and sexual behavior; and
Explains how a parent can obtain a copy of the survey questions that will be administered and more information regarding the survey, including the mailing address, telephone number, and website address of the Centers for Disease Control and Prevention; and
Subject to subsection (d) of this section, a denial of permission form that may be returned by the parent to the school.
For the academic year during which the survey will be conducted, the denial of permission form shall be a part of the request for emergency contact information that is distributed by the public school to each student or parent or guardian of the student.
The denial of permission form shall be distributed only to a student or the parent or guardian of a student who may be subject to the survey administered under this section.
In this section the following words have the meanings indicated.
“Health practitioner” means a physician or other individual authorized by law to prescribe prescription drugs or devices.
“Medication” means an asthma inhaler or other emergency drug that is dispensed for a student only on the prescription of a health practitioner and pertains to the student’s asthma or other airway-constricting disease.
“Self-administer” means the application or consumption of medication in a manner directed by the health practitioner without additional assistance or direction.
Subject to the provisions of this subsection, each public school system shall adopt a written policy authorizing a student to possess and self-administer medication while:
In school;
At school-sponsored activities; or
On a school bus or other school property.
A student who self-administers medication must have a prior written order from the student’s health care provider and, if the student is a minor, the prior written approval of the student’s parent or guardian.
The health care provider’s order must be maintained in the student’s educational record at the school.
A student’s parent or guardian must obtain written verification from the student’s health care provider confirming that the student has the knowledge and skills to safely possess and self-administer the medication.
The written statements required under this subsection shall be provided to the school at least annually.
The school nurse shall assess the student’s ability to demonstrate the skill level necessary to ensure proper and effective use of the medication in school.
A student may be subject to disciplinary action if the student does not use the medication in a safe and proper manner.
The Department shall provide each public school system with written State guidelines to implement this section.
Each public school that receives notice of a contaminated drinking water supply from the school’s supplier of water, in accordance with § 9-410 of the Environment Article or otherwise, shall send notice of the drinking water contamination to the parent or legal guardian of each student attending the school.
The notice shall:
Be sent by the school within 10 business days after receipt of the notice of contamination from the school’s water supplier;
Be in writing;
Identify the contaminants and their levels in the school’s water supply; and
Describe the school’s plan for dealing with the water contamination problem until the school’s water is determined by the appropriate authority to be safe for consumption.
This section only applies to vending machines in public schools that sell food items of minimal nutritional value, as defined by the Department.
By August 1, 2006, vending machines in public schools shall have and use a timing device to automatically prohibit or allow access to vending machines in accordance with the nutrition policies established by the county board.
This section applies only in Baltimore County.
Except as provided in subsection (c) of this section, an Executive Branch agency may ban or regulate the sale of coffee in conjunction with a career exploration and development activity in a public high school.
An Executive Branch agency may not ban or regulate the sale of coffee in conjunction with a career exploration and development activity in a public high school that sold coffee on or before June 30, 2018.
In this section the following words have the meanings indicated.
“Bullying, harassment, or intimidation” means intentional conduct, including verbal, physical, or written conduct, or an intentional electronic communication, that:
Creates a hostile educational environment by substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student’s physical or psychological well–being and is:
Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;
Sexual in nature, including descriptions or depictions of a student with the student’s intimate parts exposed or while engaged in an act of sexual contact; or
Threatening or seriously intimidating; and
Occurs on school property, at a school activity or event, or on a school bus; or
Substantially disrupts the orderly operation of a school.
“Electronic communication” means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager.
“Intimate parts” means the naked genitals, pubic area, buttocks, or female nipple.
“Sexual contact” means sexual intercourse, including genital–genital, oral–genital, anal–genital, or oral–anal, whether between persons of the same or opposite sex.
The Department shall require a county board to report incidents of bullying, harassment, or intimidation against students attending a public school under the jurisdiction of the county board.
An incident of bullying, harassment, or intimidation may be reported by:
A student;
The parent, guardian, or close adult relative of a student; or
A school staff member.
The Department shall create a standard victim of bullying, harassment, or intimidation report form.
Each victim of bullying, harassment, or intimidation report form shall:
Identify the victim and the alleged perpetrator, if known;
Indicate the age of the victim and alleged perpetrator;
Describe the incident, including alleged statements made by the alleged perpetrator;
Identify any actual or perceived personal characteristics described in subsection (a)(2)(i)1 of this section that are believed to have been a motivating factor in the incident;
Indicate the location of the incident;
Identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;
Indicate the number of days a student is absent from school, if any, as a result of the incident;
Identify any request for psychological services initiated by the victim or the victim’s family due to psychological injuries suffered; and
Include instructions on how to fill out the form and the mailing address to where the form shall be sent.
A county board shall distribute copies of the victim of bullying, harassment, or intimidation report form to each public school under the county board’s jurisdiction.
A county board may establish an anonymous two–way electronic tip program to allow the reporting of an act of bullying, harassment, or intimidation of a student.
The purpose of the anonymous two–way electronic tip program is for a student, a parent, guardian, or close adult relative of a student, or a school staff member to report acts of bullying, harassment, or intimidation.
Each county board that establishes an anonymous two–way electronic tip program shall publicize the anonymous two–way electronic tip program in student handbooks, school system websites, and other locations that the county board determines are necessary or appropriate.
On receipt of a report of an act of bullying, harassment, or intimidation from an anonymous two–way electronic tip, the recipient of the report or the recipient’s designee shall:
Complete a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section; and
Provide a transcript of the conversation to a designated person in the school.
The Governor may include funding in the State budget to provide grants to county boards to establish an anonymous two–way electronic tip program.
Subject to the requirements of this subsection, each county board shall submit summaries of report forms filed with the county board to the State Board on or before January 31 each year.
A county board shall delete any information that identifies an individual.
A county board shall include in its report incidents of bullying, harassment, or intimidation that, after a thorough and impartial investigation, are determined to have been motivated in whole or in substantial part by personal characteristics described in subsection (a)(2)(i)1 of this section of members of a particular group, if:
There has been a substantial increase in incidents of bullying, harassment, or intimidation for students in that group over the previous school year;
There has been a substantial decrease in incidents of bullying, harassment, or intimidation for students in that group over the previous school year; or
There is a disproportionate incident rate of bullying, harassment, or intimidation for students in that group.
On or before July 1, 2027, the Department shall establish standards for the conditions described under subparagraph (i) of this paragraph.
Subject to paragraph (2) of this subsection, on or before January 31 each year, each county board shall make available on request information described under subsection (e)(3) of this section.
A county board may not publish any information that could be used to identify an individual student.
The information contained in a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section or received from an anonymous two–way electronic tip in accordance with subsection (d) of this section:
Is confidential and may not be redisclosed except as otherwise provided under the Family Educational Rights and Privacy Act or this section; and
May not be made a part of a student’s permanent educational record.
The Department shall submit a report on or before March 31 each year to the Senate Education, Energy, and the Environment Committee and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, consisting of a summary of the information included in the victim of bullying, harassment, or intimidation report forms filed with the county boards the previous year.
The report submitted by the Department shall include, to the extent feasible:
A description of the act constituting the bullying, harassment, or intimidation;
The age of the victim and alleged perpetrator;
The allegation of the alleged perpetrator’s motive;
A description of the investigation of the complaint and any corrective action taken by the appropriate school authorities;
The number of days a student is absent from school, if any, as a result of the incident; and
The number of false allegations reported.
In this section, “bullying, harassment, or intimidation” has the meaning stated in § 7–424 of this subtitle.
By March 31, 2009, the State Board, after consultation with and input from local school systems, shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.
The model policy developed under paragraph (1) of this subsection shall include:
A statement prohibiting bullying, harassment, and intimidation in schools;
A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;
A definition of bullying, harassment, or intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;
Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation;
Standard consequences and remedial actions for persons found to have made false accusations;
Model procedures for reporting acts of bullying, harassment, and intimidation;
Model procedures for providing notice of an act of bullying, harassment, or intimidation to:
A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and
A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;
Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;
Information about the types of support services available to the student bully, victim, and any bystanders;
Information regarding the availability and use of the bullying, harassment, or intimidation form under § 7–424 of this subtitle; and
Information regarding the availability and use of an anonymous two–way electronic tip program established under § 7–424 of this subtitle.
By September 1, 2016, and every 5 years thereafter, the State Board, after consultation with local school systems, shall update the model policy required under paragraph (1) of this subsection.
Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school based on the model policy.
The policy shall address the components of the model policy specified in subsection (b)(2) of this section.
A county board shall develop the policy in consultation with representatives of the following groups:
Parents or guardians of students;
School employees and administrators;
School volunteers;
Students; and
Members of the community.
By January 1, 2017, and every 5 years thereafter, each county board shall update its policy based on the State Board’s update of the model policy under subsection (b)(3) of this section.
Each county board shall publicize its policy in student handbooks, school system websites, and any other location or venue the county board determines is necessary or appropriate.
Each county board policy shall include information on the procedure for reporting incidents of bullying, harassment, or intimidation, including:
A chain of command in the reporting process; and
The name and contact information for an employee of the Department, designated by the Department, who is familiar with the reporting and investigation procedures in the applicable school system.
By July 1, 2009, each county board shall submit its policy to the State Superintendent.
By January 1, 2017, and every 5 years thereafter, each county board shall submit its updated policy to the State Superintendent.
Each county board shall develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation in schools:
An educational bullying, harassment, and intimidation prevention program for students, staff, volunteers, and parents; and
A teacher and administrator development program that trains teachers and administrators to implement the policy.
A school employee who reports an act of bullying, harassment, or intimidation under this section in accordance with the county board’s policy established under subsection (c) of this section is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation under this section.
The provisions of this section may not be construed to limit the legal rights of a victim of bullying, harassment, or intimidation.
In this section, “school security officer” includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
“School security officer” does not include a teacher.
By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Services, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.
The model policy developed under subsection (b) of this section shall include:
A statement prohibiting gang activity in schools;
A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;
A definition of gang and gang activity;
Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;
Standard consequences and remedial actions for individuals found to have made false accusations;
Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;
Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;
Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and
Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.
The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.
Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:
Parents or guardians of students;
School employees and administrators;
School volunteers;
Students;
Local law enforcement;
Gang prevention and intervention programs;
The Office of the Public Defender;
The Maryland State’s Attorneys Association; and
Members of the community.
Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.
Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.
Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:
An educational gang awareness program for students, staff, volunteers, and parents; and
A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.
A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.
The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.
Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.
The following individuals shall participate in the meetings described in paragraph (1) of this subsection:
School principals;
School security officers;
Guidance counselors;
Local law enforcement officers;
Representatives from the county State’s Attorney’s Office;
Representatives from the Office of the Public Defender;
Gang prevention and intervention program representatives; and
Any other individuals that the county superintendent considers appropriate.
Each county superintendent shall enter into a memorandum of understanding with the county State’s Attorney’s Office to foster coordination of gang prevention, intervention, and suppression efforts.
On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.
In this section the following words have the meanings indicated.
“Bullying, harassment, or intimidation” has the meaning stated in § 7–424 of this subtitle.
“Nonpublic school” means a nonpublic school that participates in State–funded education programs.
By March 31, 2012, each nonpublic school shall adopt a policy prohibiting bullying, harassment, and intimidation.
The policy adopted under subsection (b) of this section shall include:
A statement prohibiting bullying, harassment, and intimidation in the school;
A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;
A definition of bullying, harassment, and intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;
Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation, including:
Specific penalties for persons who repeatedly commit acts of bullying, harassment, or intimidation; and
A requirement that persons who commit acts of bullying, harassment, or intimidation receive educational and therapeutic services concerning bullying prevention;
Standard consequences and remedial actions for persons found to have made false accusations;
Standard procedures for reporting acts of bullying, harassment, or intimidation, including a chain of command in the reporting process;
Standard procedures for providing notice of an act of bullying, harassment, or intimidation to:
A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and
A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;
Standard procedures for the prompt investigation of acts of bullying, harassment, or intimidation;
Standard procedures for protecting victims of bullying, harassment, or intimidation from additional acts of bullying, harassment, or intimidation, and from retaliation; and
Information about the types of support services available to a student bully or victim and any bystanders.
A nonpublic school is encouraged to develop the policy adopted under subsection (b) of this section in consultation with the following groups:
Parents or guardians of students;
School employees and administrators;
School volunteers; and
Students.
A nonpublic school is encouraged to publicize the policy adopted under subsection (b) of this section in student handbooks, on the school’s website, and any other location or venue the school determines is necessary or appropriate.
A nonpublic school is encouraged to develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation:
An educational bullying, harassment, and intimidation prevention program for students, staff, volunteers, and parents; and
A teacher and administrator development program that trains teachers and administrators to implement the policy adopted under subsection (b) of this section.
An employee of a nonpublic school who reports an act of bullying, harassment, or intimidation in accordance with the nonpublic school’s policy adopted under subsection (b) of this section is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation in accordance with the policy.
The provisions of this section may not be construed to:
Limit the legal rights of a victim of bullying, harassment, or intimidation; or
Require a statewide policy in nonpublic schools relating to bullying, harassment, and intimidation.
Each county board shall develop and implement an automated external defibrillator program that meets the requirements of § 13–517 of this article for each high school and middle school in the county.
The Department, in consultation with the Maryland Department of Health, the Maryland State School Health Council, and the Maryland Institute for Emergency Medical Services Systems, shall adopt regulations that:
Establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators; and
Assist county boards in carrying out the provisions of this section.
Each middle school and high school shall develop a venue–specific emergency action plan for the operation and use of automatic external defibrillators that meets the requirements of § 7–450 of this subtitle.
The Department and the Maryland Department of Health shall jointly establish guidelines for public schools regarding providing emergency medical care to students with special health needs.
The guidelines shall include:
Procedures for the emergency administration of medication and the proper follow–up emergency procedures;
A description of parental or caregiver responsibilities, including:
School notification of a child’s special health care needs or diagnosis;
Providing appropriate medication and delivery devices and medical condition indication devices including Medic Alert bracelets or necklaces;
Parental consent for the administration of medications; and
Providing an emergency card for medical emergencies with current contact names and telephone numbers;
A description of school responsibilities, including:
Training for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel;
Providing and distributing the required notices and forms for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate material; and
Providing outreach and education for parents and other caregivers regarding providing emergency medical care to students with special health needs;
A description of student responsibilities that are age and condition appropriate; and
Any other issue that is relevant to the emergency medical care of students with special health needs.
The Department and the Maryland Department of Health shall:
Provide technical assistance to schools to:
Implement the guidelines established under this section; and
Train school personnel at the local level; and
Develop a process to monitor the implementation of the guidelines established under this section.
In this section the following words have the meanings indicated.
“Anaphylactic allergy” means a food allergy that causes a severe, systematic reaction resulting in circulatory collapse or shock that may be fatal.
“Employee” means an individual who is employed by a local board of education, including part–time employees, certified and noncertified substitute teachers employed by the local board of education for at least 7 days each school year, maintenance workers, and administrative staff.
“Major food allergen” means:
Milk;
Eggs;
Fish;
Crustacean shellfish;
Tree nuts;
Wheat;
Peanuts;
Soybeans; and
Sesame.
“Self–administer” means the application or consumption of medications in a manner prescribed by a health practitioner who is licensed, certified, or otherwise authorized under the Health Occupations Article to prescribe medications and medication delivery devices by the individual for whom the medication was prescribed without additional assistance or direction.
Before the start of the 2024–2025 school year, each county board shall adopt and implement guidelines in accordance with the Maryland State school health service guidelines to reduce the risk of exposure to anaphylactic major food allergens in classrooms and common areas.
At a minimum, the guidelines under paragraph (1) of this subsection shall:
If appropriate, in accordance with the collective bargaining agreement, describe the roles and responsibilities of parents, administrators, health care staff, educators, food service employees, and operations staff;
Emphasize communication and collaboration between school staff, students, and parents, including:
Notification of a student’s anaphylactic allergy to educators and other school staff who come into contact with the student; and
Notification to parents and students about measures the school is taking to avoid exposure to food allergens;
Provide information to parents about 504 plans and their applicability to students with anaphylactic allergies;
Designate school areas that are food–free;
Designate tables in the cafeteria to be used by students with anaphylactic allergies that are free of foods containing the major food allergens of the student users;
Provide guidelines for who may use or accompany students using tables free of major food allergens;
Promote handwashing and other methods for the safe handling of food;
Provide guidelines for the handling of food on school–provided transportation;
Provide guidelines designed to ensure that students with anaphylactic allergies are able to participate in school events, after–school activities, and field trips;
Provide guidance for food distribution by outside public or private individuals, groups, and entities holding functions on school grounds; and
Establish strategies to reduce bullying and harassment of students with anaphylactic allergies.
Each county board shall publish the guidelines adopted under this subsection on its website and by any other method determined appropriate by the board.
Subject to paragraph (3) of this subsection, each public school shall develop a system to disclose, within a reasonable time in advance of service, the foods served in the school and the major food allergens contained in the food.
A disclosure made under this subsection may be by:
Direct electronic or physical messages sent to the school community; or
Posting on the Internet.
Before January 1, 2026, a public school may not be required to dispose of a food product made or purchased before January 1, 2023, that was labeled in accordance with federal law before the effective date of the requirement that sesame be listed on the food product label under the federal Food Allergy Safety, Treatment, Education, and Research Act of 2021.
If a public school is using a food product that was made or purchased before January 1, 2023, the school shall disclose that the food may contain sesame.
In consultation with a school health professional, the principal of a public school that has a child attending the school who has been identified to the school as having an anaphylactic allergy shall:
Monitor and implement, as necessary, the strategies developed in accordance with the Maryland State school health service guidelines to reduce the risk of exposure to anaphylactic causative agents in classrooms and common areas;
Monitor and implement the guidelines established by the county board under subsection (b) of this section; and
Establish procedures for self–administration of medication by the child if the child is determined to be capable of and responsible for self–administration by the principal, parent or guardian of the child, and physician of the child.
A school may revoke the authority of a child to self–administer medication if the child endangers himself or herself or another child through misuse of the medication.
Except for any willful or grossly negligent act, an employee who responds in good faith to the anaphylactic reaction of a child in accordance with this section is immune from civil liability for any act or omission in the course of responding to the reaction.
If a child has authority to self–administer medication in accordance with subsection (d)(3) of this section, a local county board may require the parent or guardian of the child to sign a statement acknowledging that the school or its employee incurs no liability as a result of injury arising from self–administration by the child.
In this section the following words have the meanings indicated.
“Anaphylaxis” means a sudden, severe, and potentially life–threatening allergic reaction that occurs when an individual is exposed to an allergen.
“Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
Each county board shall establish a policy for public schools within its jurisdiction to authorize the school nurse and other school personnel to administer emergency use epinephrine, if available, to a student who is determined to be or perceived to be in anaphylaxis, regardless of whether the student:
Has been identified as having an anaphylactic allergy, as defined in § 7–426.1 of this subtitle; or
Has a prescription for epinephrine as prescribed by an authorized licensed health care practitioner under the Health Occupations Article.
The policy established under subsection (b) of this section shall include:
Training for school personnel on how to recognize the symptoms of anaphylaxis;
Procedures for the emergency administration of emergency use epinephrine;
The proper follow–up emergency procedures;
A provision authorizing a school nurse to obtain and store at a public school emergency use epinephrine to be used in an emergency situation; and
A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.
Except for any willful or grossly negligent act, a school nurse or other school personnel who respond in good faith to the anaphylactic reaction of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the reaction.
Each public school shall submit, on the form that the Department requires, a report to the Department on each incident at the school or at a related school event that required the use of emergency use epinephrine.
The Department shall develop and disseminate a standard form to report each incident requiring the use of emergency use epinephrine at a public school.
In this section the following words have the meanings indicated.
“Anaphylaxis” means a sudden, severe, and potentially life–threatening allergic reaction that occurs when an individual is exposed to an allergen.
“Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
“School personnel” means individuals who are employed by a nonpublic school, including part–time employees, teachers and substitute teachers employed by the school for at least 7 days each school year, a school nurse, registered nurse case manager, delegating nurse, and administrative staff.
Each nonpublic school in the State may establish a policy authorizing school personnel to administer emergency use epinephrine, if available, to a student who is determined to be or perceived to be in anaphylaxis, regardless of whether the student:
Has been identified as having an anaphylactic allergy, as defined in § 7–426.1 of this subtitle; or
Has a prescription for epinephrine as prescribed by an authorized licensed health care practitioner under the Health Occupations Article.
The policy established under subsection (b) of this section shall include:
Training for school personnel on how to recognize the signs and symptoms of anaphylaxis by a licensed health care practitioner who is authorized to administer emergency use epinephrine and who has been trained in an established protocol on how to recognize the signs and symptoms of anaphylaxis;
Procedures for the emergency administration of emergency use epinephrine;
The proper follow–up emergency procedures;
A provision authorizing a school nurse or other licensed health care practitioner to obtain, and school personnel to store, at a nonpublic school emergency use epinephrine to be used in an emergency situation;
A requirement that the nonpublic school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year; and
An ongoing process for oversight and monitoring by a licensed health care practitioner of the implementation of the policy established under subsection (b) of this section.
Except for any willful or grossly negligent act, school personnel who respond in good faith to the anaphylactic reaction of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the reaction.
The Department and the Maryland Department of Health jointly shall establish guidelines for public schools regarding the administration of health care services to students with diabetes.
The guidelines shall include:
Procedures for treating and administering medication to control diabetic symptoms;
Procedures for monitoring blood glucose and ketone levels;
A description of parental or caregiver responsibilities in relation to the care of their child with diabetes, including:
Notifying a school of a child’s diabetes diagnosis;
Providing appropriate medication, delivery devices, and medical condition indication devices, including Medic Alert bracelets or necklaces;
Providing parental consent for the administration of medications; and
Providing an emergency card for medical emergencies with up–to–date contact names and telephone numbers;
A description of school responsibilities in relation to the care of a student with diabetes, including:
Instruction by the school nurse for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel, as determined by the school nurse, including instruction on:
Recognizing the symptoms of hypoglycemia and hyperglycemia and the appropriate actions to take to control the symptoms;
Administering glucagon in an emergency in accordance with health care provider orders; and
Implementing a student’s medical plan and a student’s 504 plan;
Providing and distributing the required documents for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate documents to the appropriate individuals or entities; and
Ensuring that appropriate school personnel are available to administer insulin during the school day and during other school–sponsored events and activities;
A description of student responsibilities in relation to the student’s diabetes care that are age and clinically appropriate;
Establishing procedures for students who have been determined by the school nurse to be capable of and responsible for self–management of their diabetes in accordance with health care provider orders; and
Any other issue that is relevant to the administration of health care services to students with diabetes.
The Department and the Maryland Department of Health shall:
Provide technical assistance to schools to:
Implement the guidelines established under this section; and
Instruct school personnel at the local level regarding the guidelines established under this section; and
Develop a process to monitor the implementation of the guidelines established under this section.
An individual who has received instruction to provide diabetes care services to students in accordance with the guidelines adopted under this section is not civilly liable for any act or omission in the course of providing diabetes care services to a student if:
The individual is acting in good faith while providing diabetes care services to a student who is in need of diabetes care services or to a student who the individual believes in good faith to be in need of diabetes care services;
The diabetes care services are provided in a reasonably prudent manner; and
The diabetes care services are provided to the student without fee or other compensation.
Paragraph (1) of this subsection does not affect, and may not be construed to affect, any immunities from civil liability or defenses established by any other provision of law to which an individual may be entitled.
Each county board shall establish a policy in accordance with school health guidelines and State laws and regulations for public schools within its jurisdiction to authorize the school nurse, school health services personnel, and other school personnel to administer naloxone or other overdose–reversing medication to a student or other person located on school property who is reasonably believed to be experiencing an opioid overdose.
The policy established under subsection (a) of this section shall include:
A provision requiring all public schools to obtain and store at the public school naloxone or other overdose–reversing medication to be used in an emergency situation; and
A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.
Except for any willful or grossly negligent act, any of the following individuals who respond in good faith to the overdose emergency of a student in accordance with this section may not be held personally liable for any act or omission in the course of responding to the emergency:
A school nurse;
Other school health services personnel who are licensed or certified to practice a health occupation under the Health Occupations Article; or
Other school personnel.
The county board or the local health department shall, by local agreement:
Hire a sufficient number of either county or regional community action officials; or
Develop and implement a program that provides the community relations and education functions required to be conducted by community action officials in paragraph (2) of this subsection.
A county or regional community action official shall:
Coordinate school–based community forums, in cooperation with local law enforcement officials; and
Conduct public relations efforts that include the following:
Parent contact;
Electronic media; and
Public service announcements.
For fiscal year 2019, the Governor shall include an appropriation of at least $3,000,000 in general funds in the State budget for the Department for the purpose of awarding grants to county boards to implement the policy and conduct the training required under this section.
The Department shall disburse the grants authorized under paragraph (1) of this subsection based on the enrollment count of students in public schools in the State for the prior fiscal year.
On or before October 1 each year, each public school shall submit, on the form that the Department requires, a report to the Department on each incident at the school that required the use of naloxone or other overdose–reversing medication.
The Department shall develop and disseminate a standard form to report each incident requiring the use of naloxone or other overdose–reversing medication at a public school.
On or before December 1, 2018, December 1, 2019, and December 1, 2020, the Department shall report the information provided under paragraph (1) of this subsection to the General Assembly in accordance with § 2–1257 of the State Government Article.
In this section the following words have the meanings indicated.
“Asthma” means a chronic lung disease that inflames and narrows air passages, causing recurring periods of wheezing, chest tightness, shortness of breath, and coughing.
“Bronchodilator” means medication that relaxes bronchial muscles, resulting in the expansion of bronchial air passages to provide fast treatment of asthma–related symptoms and symptoms of respiratory distress.
“School personnel” means individuals who are employed by a public school, or, in the case of some school health staff, by a local health department.
“School personnel” includes part–time employees, teachers, substitute teachers employed by the school for at least 7 days each school year, registered nurse case managers, delegating nurses, and administrative staff.
Except as provided in paragraph (2) of this subsection, the Maryland Department of Health, in consultation with county boards, shall establish a policy for public schools to authorize the school nurse and designated school personnel to administer a bronchodilator to a student who is determined by an individual who has undergone the training provided under subsection (c) of this section to be, or is perceived to be, experiencing asthma–related symptoms or is perceived to be in respiratory distress, regardless of whether the student:
Has been diagnosed with asthma or reactive airway disease; or
Has been prescribed a bronchodilator by an authorized licensed health care practitioner under the Health Occupations Article.
Neither a school nurse nor any other designated school personnel may administer a bronchodilator to a prekindergarten student unless the student has been diagnosed with asthma or a reactive airway disease and has a prescription for a bronchodilator as prescribed by the student’s health care practitioner.
The Department, in consultation with the Maryland Department of Health, the American Lung Association, and the Asthma and Allergy Foundation of America, shall identify or develop training to:
Identify the symptoms of asthma and respiratory distress;
Identify the symptoms of anaphylaxis; and
Distinguish between anaphylaxis and asthma or respiratory distress.
The training identified or developed under paragraph (1) of this subsection shall be provided to school nurses and voluntary school personnel who are designated by a school nurse and, in the clinical judgment of the school nurse, are appropriate recipients of the training.
The training provided under this subsection shall be a paid professional development training.
The policy established under subsection (b) of this section shall include:
The training required under subsection (c) of this section;
Procedures for the emergency administration of a bronchodilator by a school nurse or designated school personnel;
Procedures for recognizing the need to administer a bronchodilator and for administering a bronchodilator based on the severity of the symptoms being experienced by a student;
The proper follow–up emergency procedures;
A provision requiring that bronchodilators and modes of delivery, including inhalers with spacers, be stored in public schools to be used in an emergency situation;
A provision authorizing a county board to obtain a standing order for the administration of bronchodilators; and
A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.
An authorized licensed health care practitioner may provide bronchodilators to a school nurse or designated school personnel for use in accordance with this section.
Bronchodilators and modes of administration, including inhalers with spacers, used by a school nurse or designated school personnel must be from a licensed pharmacy or manufacturer.
A county board or public school may accept donated bronchodilators and modes of administration, including inhalers with spacers, from a licensed pharmacy or manufacturer.
A county board may apply for grants to obtain funding for the purchase of bronchodilators and modes of administration, including inhalers with spacers.
Except for any willful or grossly negligent act, a school nurse or any other school personnel who respond in good faith to the asthma attack or respiratory distress of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the child in distress.
Except for any willful or grossly negligent act, a health care provider who prescribes or dispenses a bronchodilator used to treat a child in accordance with paragraph (1) of this subsection may not be held personally liable for any act or omission that occurs in the course of responding to the child in distress.
For each incident at the school or at a related school event that requires the use of a stock bronchodilator in accordance with this section, each public school shall:
Notify the student’s parent or legal guardian of the incident; and
Make a record of the incident, on the form that the Department requires, and file the form in the student’s school medical record.
Each public school shall submit to the Department a report, on the form and schedule required by the Department, on the number of incidents at the school or at a related school event that required the use of a stock bronchodilator in accordance with this section.
The Department shall develop and disseminate standard forms to record each incident and report incidents requiring the use of a bronchodilator at a public school.
In this section the following words have the meanings indicated.
“Asthma” means a chronic lung disease that inflames and narrows air passages, causing recurring periods of wheezing, chest tightness, shortness of breath, and coughing.
“Bronchodilator” means medication that relaxes bronchial muscles, resulting in the expansion of bronchial air passages to provide fast treatment of asthma–related symptoms and symptoms of respiratory distress.
“School personnel” means individuals who are employed by a nonpublic school, including part–time employees, teachers and substitute teachers employed by the school for at least 7 days each school year, registered nurse case managers, delegating nurses, and administrative staff.
Except as provided in paragraph (2) of this subsection, each nonpublic school in the State may establish a policy authorizing the school nurse and designated school personnel to administer a bronchodilator to a student who is determined by an individual who has undergone the training developed under § 7–426.6(c) of this subtitle to be, or is perceived to be, experiencing asthma–related symptoms or is perceived to be in respiratory distress, regardless of whether the student:
Has been diagnosed with asthma or reactive airway disease; or
Has been prescribed a bronchodilator by an authorized licensed health care practitioner under the Health Occupations Article.
A school nurse or any other designated school personnel may not administer a bronchodilator to a prekindergarten student unless the student has been diagnosed with asthma or a reactive airway disease and has a prescription for a bronchodilator as prescribed by the student’s health care practitioner.
The policy established under subsection (b) of this section shall include:
The training identified or developed under § 7–426.6(c) of this subtitle for school nurses and voluntary school personnel who are designated by a school nurse and, in the clinical judgment of the school nurse, are appropriate recipients of the training;
Procedures for the emergency administration of a bronchodilator by a school nurse or designated school personnel;
Procedures for recognizing the need to administer a bronchodilator and for administering a bronchodilator based on the severity of the symptoms being experienced by a student;
The proper follow–up emergency procedures;
A provision requiring that bronchodilators and modes of delivery, including inhalers with spacers, be stored in nonpublic schools to be used in an emergency situation;
A requirement that the nonpublic school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year;
A provision authorizing a nonpublic school to obtain a standing order for the administration of bronchodilators; and
An ongoing process for oversight and monitoring by a licensed health care practitioner of the implementation of the policy established under subsection (b) of this section.
An authorized licensed health care practitioner may provide bronchodilators to a school nurse or designated volunteer for use in accordance with this section.
Bronchodilators and modes of administration, including inhalers with spacers, used by a school nurse or designated school personnel must be from a licensed pharmacy or manufacturer.
A nonpublic school may accept donated bronchodilators and modes of administration, including inhalers with spacers, from a licensed pharmacy or manufacturer.
A nonpublic school may apply for grants to obtain funding for the purchase of bronchodilators and modes of administration, including inhalers with spacers.
Except for any willful or grossly negligent act, a school nurse or any other school personnel who respond in good faith to the asthma attack or respiratory distress of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the child in distress.
Except for any willful or grossly negligent act, a health care provider who prescribes or dispenses a bronchodilator used to treat a child in accordance with paragraph (1) of this subsection may not be held personally liable for any act or omission that occurs in the course of responding to the child in distress.
The Department, in collaboration with the Maryland Department of Health, shall provide awareness and training for Directors of Student Services in local education agencies on self–mutilation, including injury by cutting.
The Maryland Department of Health shall provide to the Department:
Resource information on self–mutilation, including injury by cutting, to be distributed to local school supervisors of health, counseling, and psychology; and
Materials for distribution that describe local, State, and national resources to which students, parents, counselors, and school personnel can refer for information on self–mutilation, including injury by cutting.
In this section the following words have the meanings indicated.
“Trauma–informed approach” means a method for understanding and responding to an individual with symptoms of chronic interpersonal trauma or traumatic stress.
“Trauma–informed school” means a school that:
Acknowledges the widespread impact of trauma and understands the potential paths for recovery;
Recognizes the signs and symptoms of trauma in students, teachers, and staff;
Integrates information about trauma into policies, procedures, and practices; and
Actively resists retraumatizing a student, teacher, or staff member who has experienced trauma.
The Department, in consultation with the Maryland Department of Health and the Department of Human Services, shall develop guidelines on a trauma–informed approach that will assist schools with:
Implementing a comprehensive trauma–informed policy at the school;
The identification of a student, teacher, or staff member who has experienced trauma;
The appropriate manner for responding to a student, teacher, or staff member who has experienced trauma;
For schools participating in the Handle With Care program, the appropriate manner for responding to a student who is identified as a “handle with care” student; and
Becoming a trauma–informed school.
The Department shall:
Distribute the guidelines developed under this subsection to each local school system; and
Publish the guidelines on the trauma–informed approach on the Department’s website.
The Department, in collaboration with the Maryland Department of Health, shall provide awareness and training for Directors of Student Services in local education agencies on inhalant abuse.
The Maryland Department of Health shall provide to the Department:
Resource information on inhalant abuse to be distributed to local school supervisors of health, counseling, and psychology; and
Materials for distribution that describe local, State, and national resources to which students, parents, counselors, and school personnel can refer for information on inhalant abuse.
This section applies only in Howard County.
The county board shall cause to be conducted a test and inspection of the water for bacteria in each public school in the county that is served by well water.
On receipt of the results of each test and inspection, the county board shall post the information on its public website.
The Maryland Police Training and Standards Commission, in consultation with the Department, shall develop a cultural competency model training curriculum for law enforcement officers assigned to public schools.
The cultural competency model training curriculum shall teach behaviors, attitudes, and policies that enable law enforcement officers to understand, communicate with, and effectively interact with the individuals, organizations, and institutions in the community in which the public school to which a law enforcement officer is assigned is located.
The cultural competency model training curriculum shall include:
Personal exposure to the individuals, organizations, and institutions within the assigned community; and
Knowledge of government and community services available to help prevent juvenile arrests.
A law enforcement officer who is assigned to patrol a school building or school grounds is encouraged to complete the cultural competency model training curriculum established under subsection (b) of this section before the law enforcement officer begins an assignment in a public school.
Each county board shall provide each student in grades six through twelve with the telephone number of the 988 Suicide and Crisis Lifeline by:
Printing the telephone number prominently in the school handbook; and
Printing the telephone number on a student’s school identification card, if provided.
The Department, in collaboration with the Maryland Department of Health, shall provide awareness and training for Directors of Student Services in local education agencies on human trafficking, including strategies for the prevention of trafficking of children.
The Maryland Department of Health, in consultation with experts in the field of human trafficking prevention, shall provide to the Department:
Resource information on human trafficking, including strategies for prevention of trafficking of children, to be distributed to local school supervisors of health, counseling, and psychology; and
Materials for distribution that describe local, State, and national resources to which students, parents, counselors, and school personnel can refer for information on human trafficking, including strategies for prevention of trafficking of children.
In this section the following words have the meanings indicated.
“Concussion” means a traumatic injury to the brain causing an immediate and, usually, short–lived change in mental status or an alteration of normal consciousness resulting from:
A fall;
A violent blow to the head or body; or
The shaking or spinning of the head or body.
“Youth sports program” means a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years.
The Department shall develop policies and implement a program to provide awareness to coaches, school personnel, students, and the parents or guardians of students, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, the Brain Injury Association of Maryland, and representatives of licensed health care providers who treat concussions, on:
The nature and risk of a concussion or head injury;
The criteria for removal from and return to play;
The risks of not reporting injury and continuing to play; and
Appropriate academic accommodations for students diagnosed as having sustained a concussion or head injury.
The program shall include a process to verify that a coach has received information on the program developed under paragraph (1) of this subsection.
Before a student enrolled in a public school system in the State may participate in an authorized interscholastic athletic activity, the county board shall provide a concussion and head injury information sheet to the student and a parent or guardian of the student.
The student and the parent or guardian of the student shall sign a statement acknowledging receipt of the information sheet.
The Department shall create the information sheet and acknowledgment statement required under this paragraph.
The Department may use materials available from the Centers for Disease Control and Prevention, the Brain Injury Association of Maryland, or any other appropriate entity to carry out the requirements of this subsection.
A student who is suspected of sustaining a concussion or other head injury in a practice or game shall be removed from play at that time.
A student who has been removed from play may not return to play until the student has obtained written clearance from a licensed health care provider trained in the evaluation and management of concussions.
Before an individual participates in an authorized athletic activity on school property, the county board shall provide, or require that a third party provide:
Information on concussions and head injuries to the individual and, if applicable, a parent or guardian of the individual; and
Notice that acknowledgment of the receipt of the information by the individual and, if applicable, the parent or guardian of the individual, is required.
The information required under paragraph (1) of this subsection shall be in the form of:
A separate information sheet; or
A notice on the registration form for a youth sports program stating that information on concussion and head injury is available, including directions on how to receive the information electronically.
The individual and, if applicable, the parent or guardian of the individual shall:
Acknowledge receipt of the information by:
Signature;
Checking an acknowledgment box on the registration form; or
Another method of written or electronic acknowledgment; and
Return the acknowledgment to the county board or third party.
A youth sports program that uses a public school facility shall provide annually to the county board or the board’s agent a statement of intent to comply for all of its athletic activities with the requirements for the management of a concussion or other head injury of a participant under this section.
In this section the following words have the meanings indicated.
“Heat acclimatization” means enhancing an individual’s exercise heat tolerance and ability to exercise safely and effectively in warm to hot conditions.
“Practice” means a period of time a student athlete engages in physical activity during a coach–supervised, school–approved sports– or conditioning–related activity, including warm–up, stretching, weight training, and cool–down periods.
“Preseason practice” means the initial 14 days of practice for a student athlete.
“Recovery period” means the time between the end of one practice or walk–through and the beginning of the next practice or walk–through.
“Student athlete” means a student who participates in an athletic program for high school students in a State secondary school that is a member of the Maryland Public Secondary Schools Athletic Association.
“Walk–through” means a teaching opportunity when an athlete is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or shin guards, or using other sports–related equipment.
“Walk–through” does not include any part of a practice period.
The Department, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, and representatives of licensed health care providers who treat student athletes, shall develop a model policy for preseason–practice heat acclimatization guidelines for student athletes.
Each local board shall adopt preseason–practice heat acclimatization guidelines for student athletes consistent with the Model Policy for Preseason–Practice Heat Acclimatization Guidelines for Student Athletes established under paragraph (1) of this subsection.
The preseason–practice heat acclimatization guidelines shall include requirements for the duration of a practice time, a walk–through, and a recovery period during preseason practice.
Each middle school and high school shall develop a venue–specific emergency action plan for heat acclimatization that meets the requirements of § 7–450 of this subtitle.
On or before December 1, 2017, the Department shall, in consultation with disability advocacy groups, update the Emergency Planning Guidelines for Local School Systems and Schools to accommodate, safeguard, and evacuate students, staff, and visitors with disabilities on public school grounds in accordance with the federal Americans with Disabilities Act.
On or before July 1, 2018, each local school system shall update the local school system’s emergency plan to comply with the update of the Department’s guidelines and regulations under subsection (a) of this section.
If a student with an IEP requires specific accommodations for evacuation in an emergency, the student’s IEP shall include accommodations for the student during an emergency.
If a student with a 504 plan requires specific accommodations for evacuation in an emergency, the student’s 504 team shall discuss and address the student’s needs as necessary.
In this section the following words have the meanings indicated.
“Athletic activity” means:
Interscholastic athletics;
An athletic contest or competition that is sponsored by or associated with a school; and
Practices and scrimmages.
“Athletic activity” includes cheerleading and sports sponsored by school–affiliated organizations.
“Sudden cardiac arrest” means a condition in which the heart suddenly and unexpectedly stops beating.
“Youth sports program” means a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years.
Nothing in this section may be construed to create, establish, expand, reduce, contract, or eliminate any civil liability on the part of a county board employee, school employee, or youth sports program volunteer.
The Department shall develop policies and implement a program to provide awareness to coaches, school personnel, students, and the parents or guardians of students, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, Parent Heart Watch, and licensed health care providers who treat heart issues, on:
The nature and warning signs of sudden cardiac arrest, including fainting, difficulty breathing, chest pains, dizziness, and abnormal heart rate; and
The risks associated with continuing to play or practice after experiencing a symptom of sudden cardiac arrest.
The program shall include a process to verify that a coach has received information on the program developed under paragraph (1) of this subsection.
Before a student enrolled in a public school system in the State may participate in an authorized athletic activity, the county board shall provide a sudden cardiac arrest symptoms and warning signs information sheet to the student and a parent or guardian of the student.
The student and the parent or guardian of the student shall sign a statement acknowledging receipt of the information sheet.
The Department shall create the information sheet and acknowledgment statement required under this paragraph.
The Department may use materials available from the Centers for Disease Control and Prevention, Parent Heart Watch, Sudden Arrhythmia Death Syndromes Foundation, or any other appropriate entity to carry out the requirements of this subsection.
A public school may hold an informational meeting before the start of each athletic season regarding the symptoms and warning signs of sudden cardiac arrest.
Before an individual participates in an authorized athletic activity on school property, the county board shall provide, or require that a third party provide:
Information on sudden cardiac arrest to the individual and, if applicable, a parent or guardian of the individual; and
Notice that acknowledgment of the receipt of the information by the individual and, if applicable, the parent or guardian of the individual, is required.
The information required under paragraph (1) of this subsection shall be in the form of:
A separate information sheet; or
A notice on the registration form for a youth sports program stating that information on sudden cardiac arrest is available, including directions on how to receive the information electronically.
The individual and, if applicable, the parent or guardian of the individual shall:
Acknowledge receipt of the information by:
Signature;
Checking an acknowledgment box on the registration form; or
Another method of written or electronic acknowledgment; and
Return the acknowledgment to the county board or third party.
A youth sports program that uses a public school facility shall provide annually to the county board or the board’s agent a statement of intent to comply for all its athletic activities with the requirements of subsection (e) of this section.
A youth sports program that does not use a public school facility is encouraged to follow the guidelines of this section.
In this section the following words have the meanings indicated.
“Behavioral health services” means prevention, intervention, and treatment services for the social–emotional, psychological, behavioral, and physical health of students, including mental health and substance abuse disorders.
“Community–partnered school behavioral health services program” means a program that provides behavioral health services to students by community behavioral health providers in partnership with public schools and families that augment the behavioral health services and supports provided by public schools.
“Community–partnered school behavioral health services program” does not include school–based health centers.
The Department, in consultation with the Maryland Department of Health, county boards, and other interested stakeholders, as determined by the Department, shall develop and implement a standardized reporting system to determine the effectiveness of community–partnered school behavioral health services programs.
The standardized reporting system developed under paragraph (1) of this subsection shall use measures that collect data on the outcomes of students who receive behavioral health services from community–partnered school behavioral health services programs, including a student’s academic, behavioral, social, and emotional functioning and progress.
On or before December 1, 2017, and every 2 years thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly that provides an analysis of the effectiveness of community–partnered school behavioral health services programs.
In this section, “nonpublic school” means a noncollegiate educational institution that:
Holds a certificate of approval from the State Board under § 2–206(e) of this article; and
Participates in the Nonpublic Schools Textbook and Technology Grants Program.
The State Board and each nonpublic school in the State shall develop and implement a program of age–appropriate education on the awareness and prevention of sexual abuse and assault.
The program required under paragraph (1) of this subsection shall be:
Taught by a teacher who is trained to provide instruction on the awareness and prevention of sexual abuse and assault; and
Incorporated into the health curriculum of each county board and each nonpublic school.
The State Board shall adopt regulations to carry out the provisions of this section.
In this section the following words have the meanings indicated.
“Behavioral health counseling services” means prevention, intervention, and treatment services for the social–emotional, psychological, behavioral, and physical health of students, including mental health and substance abuse disorders.
“Health care provider” has the meaning stated in § 20–104 of the Health – General Article.
The Maryland Department of Health, in conjunction with the Department, shall recommend best practices for county boards of education to provide to students:
Behavioral needs assessments; and
Individualized or group behavioral health counseling services with a health care provider through a school–based health center or through community partnered school–based behavioral health services.
This section may not be construed to require a county board to provide behavioral needs assessments or individualized or group behavioral health counseling services to students.
Each public school is encouraged to post the appropriate telephone number for reporting suspected child abuse or neglect conspicuously in a high–traffic, widely used area of the school.
Each county board shall ensure that the appropriate telephone number for reporting suspected child abuse or neglect is published:
In each public school’s student handbook; and
On the website of the county board or local school system.
In this section, “sunscreen” means a topical sunscreen product that is:
Used to prevent the effects of overexposure to the sun and not for medical treatment of an injury or illness; and
Approved by the federal Food and Drug Administration for over–the–counter use.
Each county board shall adopt a written policy authorizing a student to possess and use sunscreen on school property or at a school–sponsored activity without written permission from a health care provider.
Each county board shall encourage public schools to educate students about sunscreen, sun safety, and the policy established under subsection (b) of this section.
On or before June 1, 2019, the Department, in consultation with the Maryland Department of Health, shall develop health and safety best practices for the use of digital devices in school classrooms.
On or before July 1, 2019, the Department shall provide the best practices to each county board and nonpublic school for consideration and adoption.
On or before August 1, 2019, the Department and the Maryland Department of Health shall develop guidelines for public schools regarding the administration of health care services to students with sickle cell disease.
The guidelines shall include:
Procedures for educating clinical and nonclinical school personnel and individuals who work with students who are participating in school–related activities about symptoms of distress related to sickle cell disease;
Protocols to ensure students with sickle cell disease receive care as determined by orders from the student’s provider and the school nurse’s assessment during school and school–sponsored after–school activities; and
Any other issue pertaining to the administration of health care services to students with sickle cell disease.
On or before September 1, 2019, the Department and the Maryland Department of Health shall:
Provide technical assistance to schools to:
Implement the guidelines established under this section; and
Instruct school personnel at the local level regarding the guidelines established under this section; and
Develop a process to monitor the implementation of the guidelines.
In this section, “consent” means the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect for personal boundaries.
Beginning in the 2018–2019 school year, a county board shall provide age–appropriate instruction on the meaning of “consent” and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade in which the curriculum is taught in public schools in the county.
On or before December 31, 2020, the Department and the Natalie M. LaPrade Medical Cannabis Commission jointly shall develop guidelines for public schools allowing the administration of medical cannabis to students who are qualifying patients under Title 13, Subtitle 33 of the Health – General Article during school hours and school–sponsored activities and while on a school bus.
The guidelines shall establish:
The school personnel who are authorized to administer medical cannabis to a student who is a qualifying patient during school hours and school–sponsored activities and while on a school bus;
Specific locations, including a requirement that a school allow the administration of medical cannabis in the school building, where medical cannabis may be administered to a student who is a qualifying patient during school hours and school–sponsored activities and while on a school bus;
Procedures for educating any designated school personnel on safety considerations for patient use of medical cannabis as it relates to a school setting;
Protocols to ensure students who are qualifying patients receive care during school hours and school–sponsored activities and while on a school bus;
Security protocols for the possession, storage, and loss or theft of medical cannabis on school property;
A plan for the administration of medical cannabis that must include labeling as well as dosing, timing, and delivery route instructions as provided by the certifying provider’s written instructions;
A clear prohibition on any method of administration of medical cannabis that includes smoking or vaping;
Notice requirements to appropriate school personnel, parents and guardians or caregivers, and local law enforcement, if necessary;
Whether the medical cannabis may be retained on school grounds at the end of the school day or school–sponsored activity or whether it must be returned to the student’s caregiver; and
Any other necessary guidelines on issues concerning the administration of medical cannabis to students who are qualifying patients during school hours and school–sponsored activities and on a school bus.
Each nonpublic school in the State may establish a policy regarding the administration of medical cannabis to students who are qualifying patients under Title 13, Subtitle 33 of the Health – General Article during school hours and school–sponsored activities.
Notwithstanding subsection (b) of this section, a school nurse may not be required to administer medical cannabis to a student who is a qualifying patient.
In this section the following words have the meanings indicated.
“Behavioral health services” means trauma–informed prevention, intervention, and treatment services for the social–emotional, psychological, and behavioral health of students, including mental health and substance use disorders.
“Coordinated community supports partnership” has the meaning stated in § 7–447.1 of this subtitle.
Each local school system shall appoint a behavioral health services coordinator.
In addition to the requirements under Subtitle 15 of this title, each behavioral health services coordinator shall:
Coordinate existing behavioral health services and referral procedures for behavioral health services within the local school system, including through a coordinated community supports partnership;
Working in collaboration with the local health department, the local department of social services, and other local entities that provide behavioral health services, including a community supports partnership, ensure that a student who is referred for behavioral health services obtains the necessary services in a timely manner;
Maximize external funding for behavioral health and wraparound services;
Have at a minimum a master’s degree and behavioral health training experience in schools;
Provide the required behavioral health training under § 6–122 of this article; and
Develop and implement a standardized screening to identify students with behavioral health services needs using an evidence–based measurement approach.
The Department shall dedicate staff to coordinate with behavioral health services coordinators and staff in local education agencies.
The Department shall designate an employee to be the primary contact for school behavioral health services to work with school–based behavioral health providers and to assist in expanding services through coordinated community supports partnerships.
The Maryland Department of Health shall designate an employee to be the primary contact for school behavioral health services to work with school–based behavioral health providers and to assist in expanding services through coordinated community supports partnerships.
The staff in the Department will be responsible for close collaboration with other youth–serving agencies, the Maryland Consortium of Coordinated Community Supports, and the Maryland Longitudinal Data System Center to establish:
Shared goals;
Processes to collect and share data; and
Ways to leverage and blend funding to support behavioral health in schools and community–based settings.
In this section the following words have the meanings indicated.
“Behavioral health services” has the meaning stated in § 7–447 of this subtitle.
“Commission” means the Maryland Community Health Resources Commission.
“Consortium” means the Maryland Consortium on Coordinated Community Supports established under subsection (b) of this section.
“Coordinated community supports” means a holistic, nonstigmatized, and coordinated approach, including among the following persons, to meeting students’ behavioral health needs, addressing related challenges, and providing community services and supports to the students:
Teachers, school leadership, and student instructional support personnel;
Local school systems;
Local community schools;
Behavioral health coordinators appointed under § 7–447 of this subtitle;
Local health departments;
Nonprofit hospitals;
Other youth–serving governmental entities;
Other local youth–serving community entities;
Community behavioral health providers;
Telemedicine providers;
Federally qualified health centers; and
Students, parents, and guardians.
“Coordinated community supports partnership” means an entity formed to deliver coordinated community supports.
“National Center for School Mental Health” means the National Center for School Mental Health at the University of Maryland, Baltimore Campus.
There is a Maryland Consortium on Coordinated Community Supports in the Commission.
The Commission shall provide staff to the Consortium.
Four additional staff shall be added to the Commission to staff the Consortium.
The purposes of the Consortium are to:
Support the development of coordinated community supports partnerships to meet student behavioral health needs and other related challenges in a holistic, nonstigmatized, and coordinated manner;
Provide expertise for the development of best practices in the delivery of student behavioral health services, supports, and wraparound services; and
Provide technical assistance to local school systems to support positive classroom environments and the closing of achievement gaps so that all students can succeed.
The Consortium consists of:
The following members representing government agencies:
The Secretary of Health, or the Secretary’s designee;
The Secretary of Human Services, or the Secretary’s designee;
The Secretary of Juvenile Services, or the Secretary’s designee;
The State Superintendent of Schools, or the State Superintendent’s designee;
The Chair of the Commission, or the Chair’s designee;
The Director of Community Schools in the Department, or the Director’s designee;
One member of the Senate of Maryland, appointed by the President of the Senate; and
One member of the House of Delegates, appointed by the Speaker of the House;
The following members representing other organizations and entities:
One member of the Maryland Council on Advancement of School–Based Health Centers, appointed by the Chair of the Council;
One county superintendent of schools, designated by the Public School Superintendents Association of Maryland;
One member of a county board of education, designated by the Maryland Association of Boards of Education;
One teacher who is teaching in the State, designated by the Maryland State Education Association;
One social worker practicing at a school in the State, designated by the Maryland Chapter of the National Association of Social Workers;
One psychologist practicing in a school in the State, designated by the Maryland School Psychologists Association;
One representative of nonprofit hospitals, designated by the Maryland Hospital Association;
One member of the Commission, designated by the Chair of the Commission;
One representative of the Maryland Medical Assistance Program, designated by the Secretary of Health; and
One school counselor certified by the Department under Title 6, Subtitle 7 of this article, designated by the Maryland School Counselor Association;
The following members appointed by the Governor:
One representative of the behavioral health community with expertise in telehealth;
One representative of local departments of social services; and
One representative of local departments of health; and
The following members appointed jointly by the President of the Senate and the Speaker of the House:
One individual with expertise in creating a positive classroom environment;
One individual with expertise in equity in education; and
Two members of the public.
This subsection applies only to the members appointed under subsection (d)(2), (3), and (4) of this section.
A member serves for a term of 4 years beginning on the date of the member’s appointment and until a successor is appointed and qualifies.
A member may not serve for more than two consecutive terms.
The terms of the members are staggered as required by the terms of the members serving on the Consortium on July 1, 2023.
The chair of the Consortium shall be appointed jointly by the President of the Senate and the Speaker of the House from among the members of the Consortium.
The National Center for School Mental Health shall provide technical assistance.
The assistance provided under subparagraph (i) of this paragraph may include the creation of partnership coordinators to support the work of local behavioral health services coordinators appointed under § 7–447 of this subtitle.
A three–party memorandum of understanding shall be entered into and signed by the Consortium, the Commission, and the National Center for School Mental Health regarding the provision of technical assistance.
A member of the Consortium:
May not receive compensation as a member of the Consortium; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
A majority of the appointed members then serving on the Consortium is a quorum.
The Consortium may use subcommittees, including subcommittees that include nonmember experts, as necessary, to meet the requirements of this section.
The Consortium shall:
Develop a statewide framework for the creation of coordinated community supports partnerships;
Ensure that community supports partnerships are structured in a manner that provides community services and supports in a holistic and nonstigmatized manner that meets behavioral health and other wraparound needs of students and is coordinated with any other youth–serving government agencies interacting with the students;
Develop a model for expanding available behavioral health services and supports to all students in each local school system through:
The maximization of public funding through the Maryland Medical Assistance Program, including billing for Program administrative costs, or other public sources;
Commercial insurance participation;
The implementation of a sliding scale for services based on family income; and
The participation of nonprofit hospitals through community benefit requirements;
Provide guidance and support to the Commission for the purpose of developing and implementing a grant program to award grants to coordinated community supports partnerships with funding necessary to deliver services and supports to meet the holistic behavioral health needs and other related challenges facing the students proposed to be served by the coordinated community supports partnership and that sets reasonable administrative costs for the coordinated community supports partnership;
Evaluate how a reimbursement system could be developed through the Maryland Department of Health or a private contractor to reimburse providers participating in a coordinated community supports partnership and providing services and supports to students who are uninsured and for the difference in commercial insurance payments and Maryland Medical Assistance Program fee–for–service payments;
In consultation with the Department, develop best practices for the implementation of and related to the creation of a positive classroom environment for all students using evidence–based methods that recognize the disproportionality of classroom management referrals, including by:
Creating a list of programs and classroom management practices that are evidence–based best practices to address student behavioral health issues in a classroom environment;
Evaluating relevant regulations and making recommendations for any necessary clarifications, as well as developing a plan to provide technical assistance in the implementation of the regulations by local school systems to create a positive classroom environment; and
Developing a mechanism to ensure that all local school systems implement relevant regulations in a consistent manner; and
Develop a geographically diverse plan that uses both school–based behavioral health services and coordinated community supports partnerships to ensure that each student in each local school system has access to services and supports that meet the student’s behavioral health needs and related challenges within a 1–hour drive of a student’s residence.
A coordinated community supports partnership shall provide systemic services to students in a manner that is:
Community–based;
Family–driven and youth–guided; and
Culturally competent and that provides access to high–quality, acceptable services for culturally diverse populations.
The Consortium, in consultation with the National Center on School Mental Health, shall develop accountability metrics that may be used to demonstrate whether the services and supports provided through a coordinated community supports partnership that receives a grant from the Commission are positively impacting the students served by the coordinated community supports partnership, their families, and the community, including metrics that would measure:
Whether there have been any:
Increases in services provided;
Reductions in absenteeism;
Repeat referrals to the coordinated community supports partnership;
Reductions in interactions of the students with youth–serving agencies; and
Increases in funding through federal, local, and private sources; and
Any other identifiable data sets that would demonstrate whether a coordinated community supports partnership is successfully meeting the behavioral health needs of students.
The development of the metrics under paragraph (1) of this subsection shall be coordinated with the Maryland Longitudinal Data System Center and the Accountability and Implementation Board, established under § 5–402 of this article, to ensure consistency with other data collection efforts.
Beginning in fiscal year 2025 and each fiscal year thereafter, the Consortium shall use the accountability metrics developed under subsection (m) of this section to develop best practices to be used by a coordinated community supports partnership in the delivery of supports and services and the maximization of federal, local, and private funding.
Notwithstanding any other provision of law, a nonprofit hospital that receives funding for coordinating or participating in a coordinated community supports partnership may include the value of services provided through the coordinated community supports partnership towards meeting community benefit requirements under § 19–303 of the Health – General Article.
In this subsection, “Fund” means the Coordinated Community Supports Partnership Fund.
There is a Coordinated Community Supports Partnership Fund.
The purpose of the Fund is to support the delivery of services and supports provided to students to meet their holistic behavioral health needs and address other related challenges.
The Commission shall administer the Fund and the provision of grants and reimbursements under the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
Money appropriated in the State budget to the Fund;
Interest earnings; and
Any other money from any other source accepted for the benefit of the Fund.
Except as provided in paragraph (8) of this subsection, the Fund may be used by the Commission only for:
Providing reimbursement, under a memorandum of understanding, to the National Center for School Mental Health and other technical assistance providers to support the work of the Consortium;
Providing grants to coordinated community supports partnerships to deliver services and supports to meet students’ holistic behavioral health needs and to address other related challenges; and
Paying any associated administrative costs.
For fiscal year 2025 only, the Fund may be used to:
Provide school–based behavioral health services; and
Reimburse the Medical Care Programs Administration for school–based behavioral health services provided on a fee–for–service basis through a Medicaid waiver.
The Governor shall include in the annual budget bill the following appropriations for the Fund:
$25,000,000 in fiscal year 2022;
$50,000,000 in fiscal year 2023;
$85,000,000 in fiscal year 2024;
$40,000,000 in fiscal year 2025;
$70,000,000 in fiscal year 2026; and
$100,000,000 in fiscal year 2027 and each fiscal year thereafter.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Any grant funding or local school system implementation assistance provided under this section through the Commission and coordinated community supports partnerships shall be supplemental to, and may not supplant, existing funding provided as of fiscal year 2022 to local school systems through local government expenditures or local school system expenditures, or other funding sources, for school–based behavioral health personnel, services, supports, or other school–based behavioral health purposes.
The State funding provided under the Fund is supplemental to and not intended to take the place of funding that would otherwise be appropriated to the Maryland Community Health Resources Commission Fund in the State budget.
Beginning on July 1, 2022, and each July 1 thereafter, the Consortium shall submit to the Accountability and Implementation Board, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a report on:
The activities of the Consortium;
The creation of coordinated community supports partnerships and the area served by each partnership;
Grants awarded to coordinated community supports partnerships; and
All other activities of the Consortium to carry out the requirements of this section.
The Commission may adopt rules and regulations to carry out this section.
In this section the following words have the meanings indicated.
“Electric retractable room partition” means a room partition, divider, curtain, or any other similar device that is opened and retracted by operation of an electric motor.
“School employee” means an employee of a public school or nonpublic school.
A school employee may not operate an electric retractable room partition in a school building unless:
The partition includes a safety sensor that automatically stops the movement of the partition when a body passes between the leading edge and a wall, an opposing partition, or the stacking area of the partition;
No students are present in the school building; or
The room or area where the partition is located is locked or otherwise free of or inaccessible to students.
Any annual safety review, evaluation, or exercise for school employees in a school building with an electric retractable room partition shall include information and demonstrations, as appropriate, regarding the safe operation of the electric retractable room partition in accordance with subsections (b) and (d) of this section.
The Department shall:
Develop and disseminate to each county board and each nonpublic school model safety guidelines regarding the operation of electric retractable room partitions; and
Publish the model safety guidelines on its public website.
In this section, “menstrual hygiene products” means size–appropriate tampons or sanitary napkins for use in connection with the menstrual cycle.
Subject to subsection (c) of this section, each county board shall ensure that each public school provide, at no charge to students, menstrual hygiene products via dispensers in the women’s restrooms at the school.
A public middle or high school shall install menstrual hygiene product dispensers in:
At least two women’s restrooms on or before October 1, 2022; and
On or before August 1, 2025, all women’s restrooms.
A public elementary school shall install menstrual hygiene product dispensers in at least one restroom on or before October 1, 2022.
The State shall reimburse a county board for the costs of purchasing and installing menstrual hygiene product dispensers to comply with the requirements of subsection (c) of this section.
Each county board shall submit to the Department a request for reimbursement for the costs of purchasing and installing menstrual hygiene product dispensers to comply with the requirements of:
Subsection (c)(1)(i) and (2) of this section, on or before November 1, 2022; and
Subsection (c)(1)(ii) of this section, on or before September 1, 2025.
For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $500,000 to be used to reimburse each county board for the costs reported to the Department under paragraph (2) of this subsection.
In this section, “seizure action plan” means a written individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.
Beginning in the 2023–2024 school year, a county board shall require at least two school personnel at each public school, subject to paragraph (2) of this subsection, to complete a paid professional development training, administered online or in–person, in:
Recognizing the signs and symptoms of a seizure;
Appropriate steps for administering first aid for a seizure; and
If written authorization is given by a parent or guardian under subsection (g) of this section, administering or assisting with the self–administration of a seizure rescue medication, medication prescribed to treat seizure disorder symptoms approved by the U.S. Food and Drug Administration, and manual vagus nerve stimulation.
A school nurse, certified nursing assistant, or certified medication technician shall serve as one of the trained school personnel required under paragraph (1) of this subsection.
An individual who is recommended by the school nurse or other school health practitioner and who volunteers may serve as one of the trained school personnel under paragraph (1) of this subsection.
The training required under paragraph (1) of this subsection may count toward the renewal of a professional certificate issued by the Department.
Beginning in the 2023–2024 school year, a public school shall require an individual trained under subsection (b) of this section to present, every 2 years, to all school personnel who have direct contact and supervision of students an abridged version of the best practices for seizure response, based on the school health services guidelines developed under subsection (d) of this section, including:
Recognizing the signs and symptoms of a seizure; and
Procedures for notifying the school personnel trained in administering first aid for a seizure.
School personnel shall attend the presentation required under paragraph (1) of this subsection during professional development, a preservice meeting, or a staff meeting.
A county board is encouraged to provide to school bus drivers and school bus aides:
The presentation required under paragraph (1) of this subsection during their work hours; or
The information from the presentation required under paragraph (1) of this subsection.
The Department and the Maryland Department of Health, in consultation with the Epilepsy Foundation of America and other interested stakeholders, shall develop school health services guidelines and a training program for the school personnel under subsection (b) of this section on the management of a student diagnosed with a seizure disorder.
Beginning in the 2023–2024 school year, a nonpublic school may require at least two school personnel to be trained in:
Recognizing the signs and symptoms of a seizure;
Appropriate steps for administering first aid for a seizure; and
Subject to paragraph (3) of this subsection, administering or assisting with the self–administration of a seizure rescue medication, medication prescribed to treat seizure disorder symptoms approved by the U.S. Food and Drug Administration, and manual vagus nerve stimulation.
A school nurse or other school health care practitioner may serve as one of the trained school personnel required under paragraph (1) of this subsection.
In order to authorize school personnel to administer or assist in the administration of seizure medication, a nonpublic school shall obtain written authorization from a parent or guardian in accordance with subsection (g) of this section.
The parent or guardian of a student diagnosed with a seizure disorder shall collaborate with school personnel to create a seizure action plan.
The Department, in collaboration with the Maryland Department of Health, shall ensure:
Health guidelines include seizure first aid procedures; and
Health plans include seizure action plans.
A copy of a seizure action plan shall be:
Retained in the office of the school nurse or an administrator; and
Distributed to any school personnel or volunteer responsible for the supervision or care of a student diagnosed with a seizure disorder.
The parent or guardian of a student diagnosed with a seizure disorder shall provide the school with:
A written authorization for a trained school employee to administer or assist with administering seizure medication at school;
The prescribed medication in an unopened, sealed package with the label affixed by the dispensing pharmacy intact; and
A written statement from the student’s health care practitioner that includes:
The student’s name;
The name and purpose of the medication;
The prescribed dosage;
The route of administration;
The frequency that the medication may be administered; and
The circumstances under which the medication may be administered.
A written authorization for the administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms shall be:
Effective for the school year in which it is submitted; and
Renewed each school year if the requirements of this subsection are fulfilled.
Nothing in this section may be construed to authorize any public school personnel to administer or assist in self–administration of medication for a seizure, unless the personnel:
Has completed the paid professional development training under subsection (b) of this section; and
Is authorized through written authorization under subsection (g) of this section to administer or assist in self–administration of medication.
Except for any willful or grossly negligent act, an employee or other school personnel who responds in good faith to a student experiencing a seizure or seizure disorder symptoms in accordance with this section is immune from civil liability for any act or omission in the course of responding to the situation.
Each middle school and high school shall develop a venue–specific emergency action plan for all athletic facilities.
A venue–specific emergency action plan includes:
The operation and use of automatic external defibrillators in accordance with § 7–425 of this subtitle;
Heat acclimatization in accordance with § 7–434 of this subtitle;
Coordination of care for other emergent injuries, including cervical spinal injury, concussion and closed head injury, major orthopedic injuries, and severe weather for outdoor facilities; and
A cardiac emergency response plan in accordance with subsection (e) of this section.
A venue–specific emergency action plan developed under this section shall be:
Posted at each athletic facility at the school;
Available on the school’s website for viewing by a student athlete’s parent or guardian at the beginning of each school year;
Distributed to each member of the coaching staff; and
Rehearsed in person and interactively by all of the coaching staff of each sport before each of their respective seasons.
The provisions of a venue–specific emergency action plan for the operation and use of automatic external defibrillators shall ensure that:
An automated external defibrillator is provided on–site and is located at or within a brief walk from an athletic practice or event on school property;
An automated external defibrillator is freely accessible during all school functions;
All members of the coaching staff are trained in the operation and use of an automated external defibrillator; and
A trained member of the coaching staff is present at all athletic practices and events on school property.
The provisions of a venue–specific emergency action plan for heat acclimatization shall:
Include guidelines for student athletes consistent with the Model Policy for Preseason–Practice Heat Acclimatization Guidelines for Student Athletes established under § 7–434 of this subtitle;
Ensure that each school is properly prepared and equipped to initiate cold water immersion for the treatment of exertional heat stroke;
Ensure that the cooling modality is readily available to student athletes at all athletic practices and events on school property;
Ensure that all members of the coaching staff are trained in cold water immersion; and
Ensure that a trained member of the coaching staff is present at all athletic practices and events on school property.
Each venue–specific emergency action plan shall include a cardiac emergency response plan.
The cardiac emergency response plan shall:
Identify the appropriate school personnel to serve as the cardiac emergency response team who will be tasked with responding to incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility;
Coordinate with first responders in the local emergency medical services to integrate the cardiac emergency action plan into local emergency response protocols; and
Include, at minimum, the following evidence–based core elements recommended by an appropriate national organization, including the American Heart Association:
Procedures for activating the cardiac emergency response team during incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility; and
Requiring specified school personnel to have training in first aid, cardiopulmonary resuscitation (CPR), and the operation and use of automated external defibrillators, in accordance with § 7–425 of this subtitle, including cardiac emergency response team members, athletic coaching and training staff, school nurses, and any other individuals identified by the cardiac emergency response team.
Each year, each middle school and high school shall review and update the cardiac emergency response plan required under this subsection.
Each nonpublic middle school and high school that receives State funding shall develop a venue–specific emergency action plan for all athletic facilities.
A venue–specific emergency action plan developed by a nonpublic school shall include:
The operation and use of automated external defibrillators in a manner consistent with the requirements of § 13–517 of this article;
Heat acclimatization in a manner consistent with the model policy developed under § 7–434 of this subtitle;
Coordination of care for other emergent injuries, including cervical spinal injury, concussion and closed head injury, major orthopedic injuries, and severe weather for outdoor facilities; and
A cardiac emergency response plan in accordance with subsection (e) of this section.
A venue–specific emergency action plan developed under this section shall be:
Posted at each athletic facility at the school;
Available on the school’s website for viewing by a student athlete’s parent or guardian at the beginning of each school year;
Distributed to each member of the coaching staff; and
Rehearsed in person and interactively by all of the coaching staff of each sport before each of their respective seasons.
The provisions of a venue–specific emergency action plan for the operation and use of automated external defibrillators shall ensure that:
An automated external defibrillator is provided on–site and is located at or within a brief walk from an athletic practice or event on school property;
An automated external defibrillator is freely accessible during all school functions;
All members of the coaching staff are trained in the operation and use of an automated external defibrillator; and
A trained member of the coaching staff is present at all athletic practices and events on school property.
The provisions of a venue–specific emergency action plan for heat acclimatization shall:
Include guidelines for student athletes consistent with the Model Policy for Preseason–Practice Heat Acclimatization Guidelines for Student Athletes established under § 7–434 of this subtitle;
Ensure that each school is properly prepared and equipped to initiate cold water immersion for the treatment of exertional heat stroke;
Ensure that the cooling modality is readily available to student athletes at all athletic practices and events on school property;
Ensure that all members of the coaching staff are trained in cold water immersion; and
Ensure that a trained member of the coaching staff is present at all athletic practices and events on school property.
Each venue–specific emergency action plan shall include a cardiac emergency response plan.
The cardiac emergency response plan shall:
Identify the appropriate school personnel to serve as the cardiac emergency response team who will be tasked with responding to incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility;
Coordinate with first responders in the local emergency medical services to integrate the cardiac emergency action plan into local emergency response protocols; and
Include, at minimum, the following evidence–based core elements recommended by an appropriate national organization, including the American Heart Association:
Procedures for activating the cardiac emergency response team during incidents involving an individual experiencing sudden cardiac arrest or a similar life–threatening emergency while at an athletic facility; and
Requiring specified school personnel to have training in first aid, cardiopulmonary resuscitation (CPR), and the operation and use of automated external defibrillators, in a manner consistent with § 7–425 of this subtitle, including cardiac emergency response team members, athletic coaching and training staff, school nurses, and any other individuals identified by the cardiac emergency response team.
Each year, each middle school and high school shall review and update the cardiac emergency response plan required under this subsection.
In this section the following words have the meanings indicated.
“Network” means a Student Support Specialist Network.
“Plan” means a Student Support Success Action Plan.
“Template” means the template developed by the Prince George’s County Board of Education used by a Student Support Specialist Network.
This section applies only in Prince George’s County.
There is a Student Support Specialist Network in each public high school in the county.
Each Network shall include the following members, if applicable:
The vice principal of the school;
Professional school–based counselors;
School–based psychologists;
School–based nurses;
Licensed clinical social workers;
Crisis Intervention Resource Teachers;
Career coaches;
Community school coordinators;
School resource officers; and
School security employees.
On or before December 31, 2024, the Prince George’s County Board of Education shall develop, approve, and disseminate a template for a Student Support Success Action Plan to be used by each Network.
The template for a plan developed under this subsection shall include metrics to measure and concrete steps to achieve improvements in:
The number of students who have access to behavioral and mental health supports;
The ratio of licensed clinical social workers, licensed professional counselors, Crisis Intervention Resource Teachers, and clinical therapists to students;
Referrals of students to mental health services, nurses, career counseling, and food pantries;
Community school assessment results;
The use of restorative approaches in addressing student misconduct;
The use of trauma–informed approaches to a student in distress;
The number of school–based arrests;
The number of student disciplinary referrals issued;
The number of suspensions;
Referrals to the Department of Juvenile Services; and
The number of expulsions for nonviolent behavior.
In addition to the metrics required under paragraph (2) of this subsection, the template for a plan developed under this subsection shall also address:
Strengthening school culture, climate, and community;
Fostering cooperation and coordination between Networks;
Ensuring students in crisis are supported;
Reducing out–of–school suspensions and expulsions;
Increasing access to and knowledge of behavioral health supports;
Reducing in–school violence, gang–related activity, and substance abuse;
Cultivating positive relationships of understanding between school personnel, school resource officers, security personnel, and students; and
Strengthening the network of services for students and staff who are in crisis.
Subject to subsection (g) of this section, each Network shall collectively develop, complete, and implement a plan utilizing the approved county board template.
Before implementing a plan in accordance with subsection (f) of this section, each Network shall submit the plan to the county board for approval.
The deadline for submission shall be determined by the county board.
On or before July 1, 2025, and on or before each July 1 thereafter, each Network shall report the results of the implementation of the Network’s plan to the county board.
In this section, “athletic program” means an intramural, interscholastic, or other school sponsored athletic program that is developed and offered to students in accordance with criteria established by the State Board.
The Department, in collaboration with the Maryland Department of Health, each county board, and the Maryland Public Secondary Schools Athletic Association, shall develop guidelines for public schools to train coaches to recognize indicators of mental illness and behavioral distress in students, including:
Depression;
Trauma;
Violence;
Youth suicide; and
Substance abuse.
Each public school in the State that offers an athletic program shall provide training in accordance with the guidelines developed under subsection (b) of this section to each coach participating in the athletic program.
In this section the following words have the meanings indicated.
“Drink spiking detection product” means a product that has one or more test spots that allow the user to test a portion of a beverage to determine whether the beverage has been contaminated with the drug gamma–hydroxybutyric acid (GHB) or ketamine.
“Drug detection strip” means a disposable test strip that allows an individual to test a drug for the presence of fentanyl.
This section applies only in Prince George’s County.
It is the intent of the General Assembly that the public high schools in Prince George’s County provide drink spiking detection products and drug detection strips to their students.
Subject to paragraph (3) of this subsection, beginning in the 2026–2027 school year, the Prince George’s County Board of Education shall require each public high school in the county to provide, at no cost to students:
Drink spiking detection products; and
Drug detection strips, if a public high school in the county reports an incident at the school requiring the use of naloxone or other overdose–reversing medication in accordance with § 7–426.5(f)(1) of this subtitle.
Public high schools in the county are required to provide drink spiking detection products and drug detection strips in accordance with paragraph (2) of this subsection only if the products are provided to the public high schools at no cost to the schools.
The drink spiking detection products and drug detection strips provided to high school students under this section may be made available in school–based health clinics or school libraries.
On or before October 1, 2027, and each October 1 thereafter, each public high school in the county shall report to Maryland’s Office of Overdose Response on the quantity of drug detection products distributed by the school during the previous school year.