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*hb0288*
HOUSE BILL 288
F1 6lr0176
(PRE–FILED) CF SB 218
By: Chair, Ways and Means Committee (By Request – Departmental – Education)
Requested: September 29, 2025
Introduced and read first time: January 14, 2026
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2026
CHAPTER ______
AN ACT concerning 1
State Superintendent of Schools – Prolonged State of Emergency – Authority to 2
Declare 3
FOR the purpose of authorizing the State Superintendent of Schools to declare a prolonged 4
state of emergency for an event that prevents regular, in –person attendance at a 5
public school for a specified period of time , subject to certain requirements ; and 6
generally relating to the State Superintendent of Schools and a prolonged state of 7
emergency for public schools. 8
BY renumbering 9
Article – Education 10
Section 7–14A–02 through 7–14A–09 11
to be Section 7–14A–03 through 7–14A–10, respectively 12
Annotated Code of Maryland 13
(2025 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Education 16
Section 7–14A–01(a) and (e) 17
Annotated Code of Maryland 18
(2025 Replacement Volume and 2025 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Education 21
2 HOUSE BILL 288
Section 7–14A–01(c) and 7–14A–02 1
Annotated Code of Maryland 2
(2025 Replacement Volume and 2025 Supplement) 3
BY adding to 4
Article – Education 5
Section 7–14A–02 6
Annotated Code of Maryland 7
(2025 Replacement Volume and 2025 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Education 10
Section 7–14A–03 and 7–14A–10 11
Annotated Code of Maryland 12
(2025 Replacement Volume and 2025 Supplement) 13
(As enacted by Section 1 of this Act) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That Section(s) 7–14A–02 through 7–14A–09 of Article – Education of the Annotated Code 16
of Maryland be renumbered to be Section(s) 7–14A–03 through 7–14A–10, respectively. 17
SECTION 1. 2. AND BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY 18
OF MARYLAND, That the Laws of Maryland read as follows: 19
Article – Education 20
7–14A–01. 21
(a) In this subtitle the following words have the meanings indicated. 22
(c) “Prolonged state of emergency” means a state of emergency declared by the 23
[Governor under Title 14 of the Public Safety Article] STATE SUPERINTENDENT UNDER 24
§ 7–14A–02 OF THIS SUBTITLE that prevents regular, in –person attendance at a public 25
school for at least 14 consecutive school days. 26
(e) “Virtual education” means academic instruction: 27
(1) In which one or more technologies are used to deliver a significant 28
portion of the teaching to students entirely or primarily online; and 29
(2) In which students and instructors participate remotely from separate 30
locations. 31
7–14A–02. 32
HOUSE BILL 288 3
(A) ON WRITTEN REQUEST OF A COUNTY SUPERINTEND ENT OR A 1
DETERMINATION BY THE STATE SUPERINTENDENT THAT I MMEDIATE ACTION IS 2
NECESSARY, THE STATE SUPERINTENDENT MAY DECLARE A PROLONGED STATE OF 3
EMERGENCY THAT PREVE NTS REGULAR , IN–PERSON ATTENDANCE AT A PUBLIC 4
SCHOOL FOR AT LEAST 14 CONSECUTIVE SCHOOL DAYS DUE TO: 5
(1) A NATURAL DISASTER; 6
(2) A CIVIL DISASTER; 7
(3) A PUBLIC HEALTH EMERGENCY; OR 8
(4) A SPECIFIC SECURITY THREAT IDENTIFIED BY FEDERAL, STATE, 9
OR LOCAL LAW ENFORCEMENT. 10
(B) IN MAKING A DECLARATI ON OF A PROLONGED ST ATE OF EMERGENCY 11
UNDER THIS SECTION, THE STATE SUPERINTENDENT SHALL: 12
(1) CONSULT THE GOVERNOR, AND IF APPROPRIATE: 13
(I) THE MARYLAND DEPARTMENT OF EMERGENCY 14
MANAGEMENT; 15
(II) THE DEPARTMENT OF STATE POLICE; OR 16
(III) THE MARYLAND DEPARTMENT OF HEALTH; 17
(2) ISSUE THE DECLARATION IN WRITING; 18
(3) INDICATE IN THE DECLARATION: 19
(I) THE NATURE OF THE EMERGENCY; AND 20
(II) THE SPECIFIC LOCAL SCHOO L SYSTEMS OR INDIVID UAL 21
SCHOOLS THREATENED OR AFFECTED, UNLESS THE EMERGENCY IS STATEWIDE IN 22
NATURE; AND 23
(4) DISSEMINATE THE DECLA RATION PROMPTLY BY M EANS 24
CALCULATED TO PUBLICIZE THE CONTENTS OF THE DECLARATION. 25
(C) IF AN EMERGENCY THREATENS OR AFFECTS A PARTICULAR SCHOOL 26
WITHIN A LOCAL SCHOO L SYSTEM, THE STATE SUPERINTENDENT MAY DECLARE A 27
PROLONGED STATE OF EMERGENCY FOR THAT SCHOOL. 28
4 HOUSE BILL 288
(D) (1) A PROLONGED STATE OF E MERGENCY DECLARED IN 1
ACCORDANCE WITH THIS SECTION MAY BE TERMINATED BY: 2
(I) A JOINT RESOLUTION BY THE GENERAL ASSEMBLY; 3
(II) AN AFFIRMATIVE VOTE BY THE STATE BOARD; OR 4
(III) A DECISION BY THE STATE SUPERINTENDENT. 5
(2) IF A PROLONGED STATE OF EMERGENCY IS TERMINATED BY ANY 6
METHOD LISTED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE STATE 7
SUPERINTENDENT SHALL ISSUE A DECLARATION DISSEMINATED PROMPTL Y BY 8
MEANS CALCULATED TO PUBLICIZE THE TERMINATION OF THE PROLONGED STATE 9
OF EMERGENCY. 10
(E) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO LIMIT OR 11
INTERFERE WITH TH E RESPONSIBILITIES OF THE SECRETARY OF HEALTH UNDER 12
TITLE 18 OF THE HEALTH – GENERAL ARTICLE IN THE EVENT OF A PUBLIC HEALTH 13
EMERGENCY. 14
7–14A–02. 7–14A–03. 15
(a) If there is a prolonged state of emergency AFFECTING THE LOCAL SCHOOL 16
SYSTEM, a county board may transition the ONE OR MORE public schools in the county to 17
virtual education under an approved virtual education plan, subject to the limitations of 18
this section. 19
(b) (1) (i) On or before June 1, 2024, a county board shall, in consultation 20
with county administrators and school staff, adopt a virtual education plan for use during 21
a prolonged state of emergency AFFECTING THE LOCAL SCHOOL SYSTEM. 22
(ii) A county board shall use the county board’s continuity of learning 23
plan in effect during the 2020–2021 school year to form a virtual education plan. 24
(2) A virtual education plan shall include the following components: 25
(i) A staffing and personnel assignment plan; 26
(ii) A student instruction plan; 27
(iii) A student assessment and learning support plan; 28
(iv) A social and emotional learning plan; 29
(v) A community communications plan; 30
HOUSE BILL 288 5
(vi) A technology plan; 1
(vii) A nutritional and health services plan; and 2
(viii) A plan for return to in–person instruction. 3
(c) A county board shall update the virtual education plan every 2 years. 4
(d) (1) If a prolonged state of emergency AFFECTING THE LOCAL SCHOOL 5
SYSTEM requires the cessation of in –school attendance at a public school and the county 6
board determines virtual education is required, a county board immediately shall 7
implement the virtual education plan and transition the public school to virtual education. 8
(2) (i) A county board may adjust the virtual education plan to fit the 9
specific needs of the schools affected and the specific circumstances of the emergency. 10
(ii) A county board shall submit an adjusted plan to the State Board 11
as soon as practicable. 12
(e) (1) Within 10 calendar days of receipt of a virtual education plan, the State 13
Board shall: 14
(i) Accept the plan; or 15
(ii) Return the plan to the county board for specific modification. 16
(2) If an adjusted virtual education plan is returned, the county board shall 17
modify and resubmit the plan within 5 calendar days after the date the plan is returned. 18
(f) The county board shall publish the most recent version of the virtual 19
education plan on the county board’s website. 20
(G) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO LIMIT OR 21
INTERFERE WITH THE R ESPONSIBILITIES OF THE SECRETARY OF HEALTH UNDER 22
TITLE 18 OF THE HEALTH – GENERAL ARTICLE IN THE EVENT OF A PUBLIC HEALTH 23
EMERGENCY. 24
7–14A–10. 25
The State Board shall adopt regulations to carry out the provisions of this subtitle, 26
including establishing minimum criteria for the adoption and implementation of virtual 27
education plans by a county board during a prolonged state of emergency AFFECTING THE 28
LOCAL SCHOOL SYSTEM. 29
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
July 1, 2026. 31