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*hb0649*
HOUSE BILL 649
D5, F5 6lr0092
CF 6lr0091
By: Chair, Government, Labor, and Elections Committee (By Request –
Departmental – Civil Rights Commission)
Introduced and read first time: January 30, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable
House action: Adopted
Read second time: March 9, 2026
CHAPTER ______
AN ACT concerning 1
Advancing Equal Educational Opportunities for All Students in Maryland 2
FOR the purpose of authorizing the Commission on Civil Rights to enforce a prohibition 3
against discrimination and retaliation in educational institutions based on race, 4
color, national origin, ethnicity, ancest ry, religion, sex, pregnancy, sexual 5
orientation, gender identity, disability, age, or marital status; establishing the 6
powers, duties, and limitations of the authority of the Commission on Civil Rights to 7
enforce the prohibition against educational discri mination; establishing a private 8
right of action to enforce the prohibition against educational discrimination; 9
requiring the Maryland Higher Education Commission and the Board of Regents of 10
the University System of Maryland to refer complaints about alleg ed educational 11
discrimination to the Commission on Civil Rights for investigation; requiring and 12
authorizing the Commission on Civil Rights to enforce a certain prohibition against 13
discrimination in education; altering the duties of the State Superintenden t to 14
enforce a certain prohibition against discrimination in education to accommodate the 15
role of the Commission; providing for the powers, duties, and limitations of the 16
Commission and the State Superintendent in the concurrent enforcement of the 17
prohibition against discrimination; and generally relating to the Commission on 18
Civil Rights and the prohibition against discrimination in the educational context. 19
BY repealing and reenacting, with amendments, 20
Article – State Government 21
Section 20–101 22
Annotated Code of Maryland 23
2 HOUSE BILL 649
(2021 Replacement Volume and 2025 Supplement) 1
BY adding to 2
Article – State Government 3
Section 20 –7A–01 through 20 –7A–05 to be under the new subtitle “Subtitle 7A. 4
Discrimination in Education”; and 20–1013.1 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – State Government 9
Section 20–1004 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – Education 14
Section 11–409, 12–124, and 26–706 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Education 19
Section 26–702 and 26–704 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Education 24
Section 26–705 25
Annotated Code of Maryland 26
(2022 Replacement Volume and 2025 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – State Government 30
20–101. 31
(a) In Subtitles 1 through 11 of this title the following words have the meanings 32
indicated. 33
(b) “Commission” means the Commission on Civil Rights. 34
(c) “Complainant” means a person that files a complaint alleging a discriminatory 35
act under this title. 36
HOUSE BILL 649 3
(d) “Discriminatory act” means an act prohibited under: 1
(1) Subtitle 3 of this title (Discrimination in Places of Public 2
Accommodation); 3
(2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 4
by Maryland Department of Labor); 5
(3) Subtitle 5 of this title (Discrimination in Leasing of Commercial 6
Property); 7
(4) Subtitle 6 of this title (Discrimination in Employment); 8
(5) Subtitle 7 of this title (Discrimination in Housing); [or] 9
(6) SUBTITLE 7A OF THIS TITLE (DISCRIMINATION IN EDUCATION); 10
OR 11
[(6)] (7) Subtitle 8 of this title (Aiding, Abetting, or Attempting 12
Discriminatory Act; Obstructing Compliance). 13
(e) “Gender identity” means the gender–related identity, appearance, expression, 14
or behavior of a person, regardless of the person’s assigned sex at birth, which may be 15
demonstrated by: 16
(1) consistent and uniform assertion of the person’s gender identity; or 17
(2) any other evidence that the gender identity is sincerely held as part of 18
the person’s core identity. 19
(f) “Military status” means the status of being: 20
(1) a member of the uniformed services; 21
(2) a member of a reserve component of the uniformed services; or 22
(3) a dependent, as defined in 50 U.S.C. § 3911(4). 23
(g) “Protective hairstyle” includes braids, twists, and locks. 24
(h) “Race” includes traits associated with race, including hair texture, afro 25
hairstyles, and protective hairstyles. 26
(i) (1) “Respondent” means a person accused in a complaint of a 27
discriminatory act. 28
4 HOUSE BILL 649
(2) “Respondent” includes a person identified during an investigation of a 1
complaint and joined as an additional or substitute respondent. 2
(j) “Sexual orientation” means the identification of a n individual as to male or 3
female homosexuality, heterosexuality, or bisexuality. 4
SUBTITLE 7A. DISCRIMINATION IN EDUCATION. 5
20–7A–01. 6
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(B) (1) “DISABILITY” MEANS: 9
(I) A PHYSICAL OR MENTAL IMPAIRMENT THAT 10
SUBSTANTIALLY LIMITS ONE OR MORE OF AN INDIVIDUAL’S MAJOR LIFE ACTIVITIES; 11
(II) A RECORD OF HAVING A PHYSICAL OR MENTAL IMPAIRMENT 12
THAT SUBSTANTIALLY L IMITS ONE OR MORE OF AN INDIVIDUAL ’S MAJOR LIFE 13
ACTIVITIES; OR 14
(III) BEING REGARDED AS HAV ING A PHYSICAL OR ME NTAL 15
IMPAIRMENT THAT SUBS TANTIALLY LIMITS ONE OR MORE OF AN INDIVI DUAL’S 16
MAJOR LIFE ACTIVITIES. 17
(2) “DISABILITY” INCLUDES ANY CONDITI ON THAT REQUIRES A 18
STUDENT TO HAVE AN INDIVIDUALIZED EDUCATION PROGRAM UNDER THE FEDERAL 19
INDIVIDUALS WITH DISABILITIES EDUCATION ACT, A § 504 PLAN UNDER THE 20
FEDERAL REHABILITATION ACT OF 1973, OR ANY OTHER SPECIAL EDUCATION OR 21
RELATED SERVICES. 22
(C) (1) “EDUCATIONAL INSTITUTION” MEANS A PUBLIC OR NONPUBLIC: 23
(I) PREKINDERGARTEN PROGRAM; 24
(II) ELEMENTARY SCHOOL; 25
(III) SECONDARY SCHOOL; 26
(IV) INSTITUTION OF POSTSECONDARY EDUCATION, AS DEFINED 27
IN § 10–101 OF THE EDUCATION ARTICLE; 28
HOUSE BILL 649 5
(V) INSTITUTION OF HIGHE R EDUCATION , AS DEFINED IN § 1
10–101 OF THE EDUCATION ARTICLE; OR 2
(VI) OTHER EDUCATIONAL PR OGRAM WITH AN ORGANI ZED 3
COURSE OF STUDY THAT LEADS TO THE AWARD O F A CERTIFICATE , DIPLOMA, OR 4
DEGREE. 5
(2) “EDUCATIONAL INSTITUTION” INCLUDES THE GOVERNING BODY 6
RESPONSIBLE FOR THE ADMINISTRATION OF ANY SCHOOL OR PROGRAM DESCRIBED 7
UNDER PARAGRAPH (1) OF THIS SUBSECTION. 8
(D) “MARITAL STATUS ” MEANS THE STATE OF B EING SINGLE , MARRIED, 9
SEPARATED, DIVORCED, OR WIDOWED. 10
(E) “NATIONAL ORIGIN ” INCLUDES ATTRIBUTES ASSOCIATED WITH 11
NATIONAL ORIGIN, INCLUDING ENGLISH LEARNER STATUS. 12
20–7A–02. 13
IT IS THE POLICY OF THE STATE THAT ALL INDIVIDUALS SHALL HAVE EQUAL 14
OPPORTUNITY FOR EDUCATION. 15
20–7A–03. 16
(A) THIS SUBTITLE DOES NOT APPLY TO: 17
(1) WITH RESPECT TO DISC RIMINATION ON THE BA SIS OF SEX , AN 18
EDUCATIONAL INSTITUTION THAT LIMITS ADMISSION TO STUDENTS OF ONLY ONE 19
SEX; 20
(2) WITH RESPECT TO DISCRIMINATION ON THE BASIS OF RELIGION, 21
A NONPUBLIC EDUCATIONAL INSTITUTION THAT IS AFFILIATED WITH A RELIGIOUS 22
INSTITUTION THAT PERFORMS ANY ACTION LISTED UNDER § 26–702(2)(I) THROUGH 23
(V) OF THE EDUCATION ARTICLE; OR 24
(3) WITH RESPECT TO DISC RIMINATION ON THE BA SIS OF A 25
DISABILITY, A NONPUBLIC EDUCATIO NAL INSTITUTION THAT IS IN COMPLIANCE 26
WITH § 504 OF THE FEDERAL REHABILITATION ACT OF 1973 OR THE FEDERAL 27
AMERICANS WITH DISABILITIES ACT, AS APPLICABLE. 28
(B) THIS SUBTITLE: 29
(1) IS AN EXERCISE OF TH E POLICE POWER OF TH E STATE FOR THE 30
PROTECTION OF THE PEOPLE OF THE STATE; 31
6 HOUSE BILL 649
(2) MAKES THE COMMISSION A STATE ED UCATIONAL AUTHORITY 1
UNDER THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT; AND 2
(3) SHALL, BEGINNING 30 DAYS AFTER THE COMMISSION ADOPTS 3
INITIAL REGULATIONS UNDER § 20–7A–05 OF THIS SUBTITLE , BE ADMINISTERED 4
AND ENFORCED BY THE COMMISSION AND, AS PROVIDED IN THIS TITLE, ENFORCED 5
BY THE APPROPRIATE STATE COURT. 6
20–7A–04. 7
(A) AN EDUCATIONAL INSTIT UTION MAY NOT EXCLUD E AN INDIVIDUAL 8
FROM PARTICIPATION I N, DENY A PERSON THE BE NEFITS OF , OR SUBJECT AN 9
INDIVIDUAL TO DISCRI MINATION WITHIN , ANY PROGRAM OR ACTIV ITY OF THE 10
EDUCATIONAL INSTITUT ION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN , 11
ETHNICITY, ANCESTRY, RELIGION, SEX, PREGNANCY, SEXUAL ORIENTATION , 12
GENDER IDENTITY, DISABILITY, AGE, OR MARITAL STATUS. 13
(B) THE PROHIBITION AGAIN ST DISCRIMINATION UN DER SUBSECTION (A) 14
OF THIS SECTION INCLUDES ANY CONTRACTUAL OR OTHER ARRANGEMENT MADE BY 15
AN EDUCATIONAL INSTITUTION THAT: 16
(1) USES CRITERIA OR MET HODS OF ADMINISTRATI ON THAT HAVE 17
THE EFFECT OF SUBJECTING AN INDIVIDUAL TO DISCRIMINATION BECAUSE OF THE 18
INDIVIDUAL’S RACE, COLOR, NATIONAL ORIGIN, ETHNICITY, ANCESTRY, RELIGION, 19
SEX, PREGNANCY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, AGE, OR 20
MARITAL STATUS; AND 21
(2) RESULTS IN DEFEATING OR SUBSTANTIALLY IMP AIRING 22
ACCOMPLISHMENT OF TH E OBJECTIVES OF A PR OGRAM OR AN ACTIVITY OF THE 23
EDUCATIONAL INSTITUT ION WITH RESPECT TO INDIVIDUALS OF A PARTI CULAR 24
RACE, COLOR, NATIONAL ORIGIN , ETHNICITY, ANCESTRY, RELIGION, SEX, 25
PREGNANCY STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, AGE, 26
OR MARITAL STATUS. 27
(C) AN EDUCATIONAL INSTIT UTION MAY NOT INTIMI DATE, THREATEN, 28
COERCE, OR DISCRIMINATE AGAINST ANY INDIVIDUAL: 29
(1) FOR THE PURPOSE OF I NTERFERING WITH ANY RIGHT OR 30
PRIVILEGE SECURED BY THIS SUBTITLE; OR 31
(2) BECAUSE THE INDIVIDU AL HAS MADE A COMPLA INT OR 32
TESTIFIED, ASSISTED, OR PARTICIPATED IN ANY MANNER IN AN INVE STIGATION, A 33
HOUSE BILL 649 7
PROCEEDING, OR A HEARING THAT ARISES FROM ALLEGED BEHAVIOR PROHIBITED 1
UNDER THIS SUBTITLE. 2
20–7A–05. 3
THE COMMISSION SHALL ADOP T REGULATIONS TO IMP LEMENT THIS 4
SUBTITLE. 5
20–1004. 6
(a) Any person claiming to be aggrieved by an alleged discriminatory act may file 7
a complaint with the Commission. 8
(b) The complaint shall: 9
(1) be in writing; 10
(2) state: 11
(i) the name and address of the person or State or local unit alleged 12
to have committed the discriminatory act; and 13
(ii) the particulars of the alleged discriminatory act; 14
(3) contain any other information required by the Commission; and 15
(4) be signed by the complainant under oath. 16
(c) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, a 17
complaint shall be filed within 6 months after the date on which the alleged discriminatory 18
act occurred. 19
(ii) A complaint filed with a federal or local human relations 20
commission within 6 months after the date on which the alleged discriminatory act occurred 21
shall be deemed to have complied with subparagraph (i) of this paragraph. 22
(2) (i) A complaint alleging an unlawful employment practice other 23
than harassment shall be filed within 300 days after the date on which the alleged 24
discriminatory act occurred. 25
(ii) A complaint filed with a federal human relations commission 26
within 6 months or a local human relations commission within 300 days shall be deemed 27
to have complied with subparagraph (i) of this paragraph. 28
(3) (i) A complaint alleging harassment ag ainst an employer shall be 29
filed within 2 years after the date on which the alleged harassment occurred. 30
8 HOUSE BILL 649
(ii) A complaint filed with a federal human relations commission 1
within 6 months or a local human relations commission within 2 years after the dat e on 2
which the alleged harassment occurred shall be deemed to have complied with 3
subparagraph (i) of this paragraph. 4
(d) The Commission, on its own motion, and by action of at least three 5
commissioners, may issue a complaint in its name in the same manner as if the complaint 6
had been filed by an individual, if: 7
(1) the Commission has received reliable information from an individual 8
that a person has been or is engaged in a discriminatory act; and 9
(2) after a preliminary investigation by the Commission’s staff authorized 10
by the chair or vice –chair, the Commission is satisfied that the information warrants the 11
filing of a complaint. 12
20–1013.1. 13
(A) IN THIS SECTION, “DISCRIMINATORY EDUCATIONAL PRACTICE” MEANS 14
AN ACT THAT IS PROHIBITED UNDER § 20–7A–04 OF THIS TITLE. 15
(B) IN ADDITION TO A COMP LAINT MADE WITH THE COMMISSION UNDER § 16
20–1004 OF THIS SUBTITLE, BEGINNING 30 DAYS AFTER THE COMMISSION ADOPTS 17
INITIAL REGULATIONS UNDER § 20–7A–05 OF THIS TITLE, AN INDIVIDUAL ALLEGING 18
A DISCRIMINATORY EDUCATIONAL PRACTICE MAY BRING A CIVIL ACTION. 19
(C) (1) BEGINNING 30 DAYS AFTER THE COMMISSION ADOPTS INI TIAL 20
REGULATIONS UNDER § 20–7A–05 OF THIS TITLE , IF A COMPLAINT FOR A 21
DISCRIMINATORY EDUCA TIONAL PRACTICE HAS BEEN BROUGHT BEFORE THE 22
COMMISSION UNDER § 20–1004 OF THIS SUBTITLE , THE COMMISSION MAY ELECT 23
TO BRING A CIVIL ACTION ON THE COMMISSION’S OWN BEHALF, IF: 24
(I) THE COMMISSION HAS FOUND PROBABLE CAUSE TO 25
BELIEVE THAT THE RES PONDENT HAS ENGAGED OR IS ENGAGING IN A 26
DISCRIMINATORY EDUCATIONAL PRACTICE; AND 27
(II) THERE IS A FAILURE TO REACH AN AGREEMENT TO REMEDY 28
AND ELIMINATE THE DISCRIMINATORY EDUCATIONAL PRACTICE. 29
(2) IF THE COMMISSION ELECTS TO BRING A CIVIL ACTION ON THE 30
COMMISSION’S OWN BEHALF , THE COMMISSION SHALL GIVE NOTICE OF THE 31
ELECTION TO ALL COMPLAINANTS AND RESPONDENTS. 32
HOUSE BILL 649 9
(D) A CIVIL ACTION UNDER THIS SECTION SHALL BE FILED IN THE CIRCUIT 1
COURT FOR THE COUNTY WHERE THE ALLEGED DI SCRIMINATORY EDUCATIONAL 2
PRACTICE OCCURRED. 3
(E) THE FILING OF A CIVIL ACTION UNDER THIS SECTION AUTOMATICALLY 4
TERMINATES ANY PROCE EDING BEFORE THE COMMISSION BASED ON T HE 5
UNDERLYING COMPLAINT. 6
(F) IF THE COURT FINDS TH AT A DISCRIMINATORY EDUCATIONAL 7
PRACTICE OCCURRED, THE COURT MAY PROVIDE THE FOLLOWING REMEDIES: 8
(1) ENJOINING THE DEFEND ANT FROM ENGAG ING IN THE 9
DISCRIMINATORY EDUCATIONAL PRACTICE; 10
(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF; 11
(3) AWARDING COMPENSATORY DAMAGES; 12
(4) ORDERING PUNITIVE DAMAGES, IF: 13
(I) THE DEFENDANT IS NOT A GOVERNMENTAL UNIT OR 14
POLITICAL SUBDIVISION; AND 15
(II) THE COURT FINDS THAT THE DEFENDANT HAS ENGAGED OR 16
IS ENGAGING IN A DIS CRIMINATORY EDUCATIO NAL PRACTICE WITH AC TUAL 17
MALICE; AND 18
(5) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE COURT 19
CONSIDERS APPROPRIATE. 20
Article – Education 21
11–409. 22
IF THE COMMISSION RECEIVES A CO MPLAINT THAT AN INDI VIDUAL WAS 23
EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR SUBJECTED TO 24
DISCRIMINATION IN AN INSTITUTION OF POSTSECONDARY EDUCATION BECAUSE OF 25
RACE, COLOR, NATIONAL ORIGIN , ETHNICITY, ANCESTRY, RELIGION, SEX, 26
PREGNANCY, SEXUAL ORIENTATION , GENDER IDENTITY , DISABILITY, AGE, OR 27
MARITAL STATUS, THE COMMISSION SHALL REFE R ANY INFORMATION RE CEIVED 28
ABOUT THE ALLEGED DISCRIMINATION TO THE COMMISSION ON CIVIL RIGHTS FOR 29
INVESTIGATION. 30
12–124. 31
10 HOUSE BILL 649
IF THE BOARD OF REGENTS RECEIVES A CO MPLAINT THAT AN INDI VIDUAL 1
WAS EXCLUDED FROM PA RTICIPATION IN , DENIED THE BENEFITS OF, OR 2
SUBJECTED TO DISCRIM INATION IN A CONSTIT UENT INSTITUTION BEC AUSE OF 3
RACE, COLOR, NATIONAL ORIGIN , ETHNICITY, ANCESTRY, RELIGION, SEX, 4
PREGNANCY, SEXUAL ORIENTATION , GENDER IDENTITY , DISABILITY, AGE, OR 5
MARITAL STATUS, THE BOARD SHALL REFER ANY INFORMATION RECEIVED ABOUT 6
THE ALLEGED DISCRIMI NATION TO THE COMMISSION ON CIVIL RIGHTS FOR 7
INVESTIGATION. 8
26–702. 9
This subtitle does not apply to: 10
(1) With respect to discrimination on the basis of sex, a prekindergarten 11
program or school that limits admission to students of only one sex; 12
(2) With respect to discrimination on the basis of religion, a nonpublic 13
prekindergarten program or nonpublic school that is affiliated with a religious institution: 14
(i) Providing instruction on the religious beliefs of the religion with 15
which the program or school is affiliated; 16
(ii) Declining to provide instruction in beliefs that are different from 17
the religion with which the program or school is affiliated; 18
(iii) Requiring student attendance at religious events inherent to the 19
religion with which the program or school is affiliated; 20
(iv) Limiting admissions to or having a preference in admissions for 21
a student of certain religious beliefs or a student who is a member or is part of a family that 22
is a member of the religious institution affiliated with the program or school, if the program 23
or school has had the limitation or preference continually since the date on which the 24
program or school was established; or 25
(v) Granting tuition discounts for a student of certain religious 26
beliefs or who is a member or is part of a family that is a member of the religious institution 27
affiliated with the program or school if the practice of granting the discounts was 28
established the later of before July 1, 2022, or since the date on which the program or school 29
was established; and 30
(3) With respect to discrimination on the basis of disability, a nonpublic 31
prekindergarten program or nonpublic school that is in compliance with § 504 of the federal 32
Rehabilitation Act of 1973 or the federal Americans with Disabilities Act, as applicable. 33
26–704. 34
HOUSE BILL 649 11
(a) This section applies to: 1
(1) A county board; 2
(2) A public prekindergarten program; 3
(3) A public primary or secondary school; 4
(4) A nonpublic prekindergarten program that receives State funds; and 5
(5) A nonpublic primary or secondary school that receives State funds. 6
(b) An entity listed under subsection (a) of this section may not: 7
(1) Discriminate against a current student, a prospective student, or the 8
parent or guardian of a current or prospective student on the basis of race, ethnicity, color, 9
religion, sex, age, national origin, marital status, sexual orientation, gender identity, or 10
disability; 11
(2) Refuse enrollment of a prospective student, expel a current student, or 12
withhold privileges from a current student, a prospective student, or the parent or guardian 13
of a current or prospective student because of an individual’s race, ethnicity, color, religion, 14
sex, age, national origin, marital status, sexual orientation, gender identity, or disability; 15
or 16
(3) Discipline, invoke a penalty against, or take any other retaliatory action 17
against a student or parent or guardian of a student who files a complaint alleging that the 18
program or school discriminated against the student, regardless of the outcome of the 19
complaint. 20
(c) An entity listed under subsection (a) of this section s hall print in its student 21
handbook the following statement: 22
“It is the policy of the State of Maryland that all public and publicly funded schools 23
and school programs operate in compliance with: 24
(1) Title VI of the federal Civil Rights Act of 1964; and 25
(2) Title 26, Subtitle 7 of the Education Article of the Maryland Code, 26
which states that public and publicly funded schools and programs may not: 27
(i) Discriminate against a current student, a prospective student, or 28
the parent or guardian of a c urrent or prospective student on the basis of race, ethnicity, 29
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 30
or disability; 31
12 HOUSE BILL 649
(ii) Refuse enrollment of a prospective student, expel a current 1
student, or withhold privileges from a current student, a prospective student, or the parent 2
or guardian of a current or prospective student because of an individual’s race, ethnicity, 3
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 4
or disability; or 5
(iii) Discipline, invoke a penalty against, or take any other retaliatory 6
action against a student or parent or guardian of a student who files a complaint alleging 7
that the program or school discriminated against the student, regardless of the outcome of 8
the complaint.”. 9
26–705. 10
(a) (1) A person alleging discrimination in violation of § 26–704 of this subtitle 11
may file a complaint with [the]: 12
(I) THE State Superintendent IN ACCORDANCE WITH T HIS 13
SECTION; OR 14
(II) THE COMMISSION ON CIVIL RIGHTS, BEGINNING 30 DAYS 15
AFTER THE COMMISSION ON CIVIL RIGHTS ADOPTS INITIAL REGULATIONS, IN 16
ACCORDANCE WITH § 26–706 OF THIS SUBTITLE. 17
(2) A complaint filed WITH THE STATE SUPERINTENDENT under 18
[paragraph (1) of] this subsection shall specify the relief or remedy requested. 19
(3) (I) A parent or guardian MAY FILE A COMPLAINT WITH THE 20
STATE SUPERINTENDENT UNDER THIS SUBSECTION ON BEHALF of [a]: 21
1. A minor [alleging discrimination may submit a complaint 22
under this subsection on behalf of the minor]; OR 23
2. A STUDENT WITH A DISAB ILITY WHO HAS REACHE D 24
THE AGE OF 18 YEARS, WHO REMAINS ENROLLED IN A SECONDARY EDUCA TION 25
PROGRAM, AND WHOSE RIGHTS REMAIN WITH A PARENT OR GUARDIAN UNDER THE 26
FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 27
(II) THE COMMISSION ON CIVIL RIGHTS MAY FILE A 28
COMPLAINT WITH THE STATE SUPERINTENDENT ALLEGI NG DISCRIMINATION IN 29
VIOLATION OF § 26–704 OF THIS SUBTITLE. 30
(4) THE STATE SUPERINTENDENT SHALL TREAT A REFERRAL FRO M 31
THE COMMISSION ON CIVIL RIGHTS MADE IN ACCORDANCE WITH § 26–706 OF THIS 32
SUBTITLE IN THE SAME MANNER AS A COMPLAIN T RECEIVED UNDER THI S 33
SUBSECTION. 34
HOUSE BILL 649 13
(b) (1) [On] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1
SUBSECTION, ON receipt of a complaint under subsection (a) of this section, the State 2
Superintendent shall provide notice of the complaint to: 3
[(1)] (I) The program or school that is the subject of the complaint; [and] 4
[(2)] (II) The county board for the county in which the public 5
prekindergarten program or public primary or secondary school is located; AND 6
(III) THE COMMISSION ON CIVIL RIGHTS. 7
(2) UNLESS A COMPLAINANT OBJECTS, THE STATE 8
SUPERINTENDENT SHALL PROVIDE THE COMMISSION ON CIVIL RIGHTS WITH ALL 9
INFORMATION REGARDING A COMPLAINT ALLEGING DISCRIMINATION IF TH E 10
COMMISSION REQUESTS THE INFORMATION. 11
(3) THE STATE SUPERINTENDENT MAY, AT THE DISCRETION OF THE 12
STATE SUPERINTENDENT, REFER A COMPLAINT BROUGHT UNDER SUBSECTION (A) 13
OF THIS SECTION TO T HE COMMISSION ON CIVIL RIGHTS TO BE HEARD IN 14
ACCORDANCE WITH § 26–706 OF THIS SUBTITLE. 15
(c) Within 30 days [of] AFTER receiving a notice under subsection [(b)] (B)(1) of 16
this section, the program or school and, if appropriate, county board shall submit a response 17
to the State Superintendent. 18
(d) (1) (i) The State Superintendent shall attempt to mediate an 19
agreement between the complainant and respondent to remedy and eliminate the 20
discrimination. 21
(II) THE COMMISSION ON CIVIL RIGHTS MAY ASSIST WIT H 22
MEDIATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, INCLUDING 23
BY: 24
1. IF A COMPLAINT WAS SU BMITTED BY THE 25
COMMISSION ON CIVIL RIGHTS, REPRESENTING THE POL ICY OF THE STATE 26
AGAINST DISCRIMINATION IN EDUCATION AS P ART OF THE MEDIATION PROCESS 27
BEFORE THE STATE SUPERINTENDENT; AND 28
2. MAKING RECOMMENDATIONS FOR REMEDYING AND 29
ELIMINATING DISCRIMINATORY PRACTICES. 30
[(ii)] (III) If mediation under subparagraph (i) of this paragraph 31
results in an agreement between the parties, the State Superintendent shall issue to both 32
14 HOUSE BILL 649
parties a written statement of the mediation findings and agreement, including the 1
timeline within which any agreed actions must be taken. 2
(2) (i) If a mediation agreement is not reached under paragraph (1) of 3
this subsection within 60 days after the complaint is filed, the State Superintendent shall 4
issue a decision on the complaint to both parties. 5
(ii) A decision issued under subparagraph (i) of this paragraph shall: 6
1. Be in writing; 7
2. Contain any fin dings of fact determined by the State 8
Superintendent; and 9
3. Specify any actions necessary to remedy or eliminate the 10
discrimination, including the timeline within which the actions must be taken. 11
(III) THE COMMISSION ON CIVIL RIGHTS MAY ASSIST WI TH A 12
DECISION ISSUED UNDE R SUBPARAGRAPH (I) OF THIS PARAGRAPH BY MAKING 13
RECOMMENDATIONS ON R EMEDYING AND ELIMINA TING DISCRIMINATORY 14
PRACTICES. 15
[(iii)] (IV) If the State Superintendent finds that a county board, 16
program, or school violated § 26–704 of this subtitle, a decision issued under subparagraph 17
(i) of this paragraph may require the Comptroller to withhold funding from the program or 18
school in an amount determined by the State Superintendent in accordance with § 2–303(b) 19
of this article. 20
(e) (1) A complainant alleging that a county board, program, or school did not 21
remedy or eliminate the discrimination as agreed or required under subsection (d) of this 22
section may reopen a complaint made under this section without: 23
(i) Filing a new complaint under subsection (a) of this section; or 24
(ii) Engaging in mediation under subsection (d)(1) of this section. 25
(2) If the State Superintendent finds that a county board, program, or 26
school did not remedy or eliminate the discrimination as agreed or r equired under 27
subsection (d) of this section, the State Superintendent shall issue an updated written 28
decision to both parties requiring the Comptroller to withhold funding from the program or 29
school in an amount determined by the State Superintendent in accordance with § 2–303(b) 30
of this article. 31
(f) A complainant [or], A respondent, OR THE COMMISSION ON CIVIL RIGHTS, 32
IF THE COMMISSION ON CIVIL RIGHTS SUBMITTED THE COMPLAINT, may appeal to 33
the Office of Administrative Hearings: 34
HOUSE BILL 649 15
(1) Within 10 days afte r receiving a decision issued by the State 1
Superintendent under subsection (d)(2) of this section; or 2
(2) If the State Superintendent does not issue a decision as required under 3
subsection (d)(2) of this section, within 10 days after the date by which the decision should 4
have been issued. 5
(g) (1) An appeal hearing shall be held in the county where the alleged 6
discriminatory act occurred. 7
(2) If, after reviewing all of the evidence, the administrative law judge finds 8
that the respondent has engaged in discrimination, the administrative law judge shall: 9
(i) Issue a decision and order stating the judge’s findings of fact and 10
conclusions of law; and 11
(ii) Issue and cause to be served on the respondent an order 12
requiring the respondent to: 13
1. Cease and desist from engaging in the discrimination; and 14
2. Take affirmative action to effectuate the purposes of this 15
subtitle. 16
(h) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 17
SUBSECTION AND SUBJE CT TO PARAGRAPH (3) OF THIS SUBSECTION , THE State 18
Board, in consultation with the State Superintendent, shall adopt regulations to establish 19
procedures for complaint processing, mediation, an d enforcement and otherwise carry out 20
the requirements of this section. 21
(2) THE STATE BOARD AND THE STATE SUPERINTENDENT SHALL 22
DEFER TO THE COMMISSION ON CIVIL RIGHTS ON: 23
(I) INTERPRETATIONS OF WH ETHER AN ACT CONSTIT UTES 24
DISCRIMINATION; AND 25
(II) THE AUTHORITY OF THE COMMISSION ON CIVIL RIGHTS 26
UNDER § 26–706 OF THIS SUBTITLE. 27
(3) THE STATE BOARD, IN CONSULTATION WITH THE STATE 28
SUPERINTENDENT, AND THE COMMISSION ON CIVIL RIGHTS SHALL JOINTLY SET 29
GUIDELINES FOR DETER MINING WHEN ALLEGATI ONS OF DI SCRIMINATORY 30
PRACTICES ARE SUFFICIENT TO WARRANT MEDIATION UNDER THIS SECTION. 31
26–706. 32
16 HOUSE BILL 649
(A) THE COMMISSION ON CIVIL RIGHTS HAS CONCURRENT JURISDICTION 1
WITH THE STATE SUPERINTENDENT OVER E NFORCEMENT OF THE PR OHIBITIONS 2
ON DISCRIMINATION UNDER § 26–704 OF THIS SUBTITLE. 3
(B) (1) A PERSON ALLEGING DISCRIMINATION IN VIOLATION OF § 26–704 4
OF THIS SUBTITLE MAY FILE A COMPLAINT WITH: 5
(I) THE COMMISSION ON CIVIL RIGHTS, BEGINNING 30 DAYS 6
AFTER THE ADOPTION O F INITIAL REGULATION S UNDER SUBSECTION (I) OF THIS 7
SECTION, IN ACCORDANCE WITH THIS SECTION; OR 8
(II) THE STATE SUPERINTENDENT IN ACC ORDANCE WITH § 9
26–705 OF THIS SUBTITLE. 10
(2) A COMPLAINT FILED WITH THE COMMISSION ON CIVIL RIGHTS 11
UNDER THIS SUBSECTION SHALL SPECIFY THE RELIEF OR REMEDY REQUESTED. 12
(3) A PARENT OR GUARDIAN M AY FILE A COMPLAINT WITH THE 13
COMMISSION ON CIVIL RIGHTS UNDER THIS SUBSECTION ON BEHALF OF: 14
(I) A MINOR; OR 15
(II) A STUDENT WITH A DISABILITY WHO HAS REACHED THE AGE 16
OF 18 YEARS, WHO REMAINS ENROLLED IN A SECONDARY EDUC ATION PROGRAM, 17
AND WHOSE RIGHTS REM AIN WITH A PARENT OR GUARDIAN UNDER THE F EDERAL 18
INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 19
(4) THE COMMISSION SHALL TREA T A REFERRAL FROM TH E STATE 20
SUPERINTENDENT MADE IN ACCORDANCE WITH § 26–705 OF THIS SUBTITLE IN THE 21
SAME MANNER AS A COMPLAINT RECEIVED UNDER THIS SUBSECTION. 22
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
ON RECEIPT OF A COMP LAINT UNDER SUBSECTI ON (B) OF THIS SECTION , THE 24
COMMISSION ON CIVIL RIGHTS SHALL PROVIDE NOTICE OF THE COMPLAINT TO: 25
(I) THE PROGRAM OR SCHOOL THAT IS THE SUBJECT OF THE 26
COMPLAINT; 27
(II) THE COUNTY BOARD FOR THE COUNTY IN WHICH THE 28
PUBLIC PREKINDERGART EN PROGRAM OR PUBLIC PRIMARY OR SECONDARY 29
SCHOOL IS LOCATED; AND 30
HOUSE BILL 649 17
(III) THE STATE SUPERINTENDENT. 1
(2) UNLESS A COMPLAINANT OBJECTS, THE COMMISSION ON CIVIL 2
RIGHTS SHALL PROVIDE THE STATE SUPERINTENDENT WITH A LL INFORMATION 3
REGARDING A COMPLAIN T ALLEGING DISCRIMIN ATION IF THE STATE 4
SUPERINTENDENT REQUESTS THE INFORMATION. 5
(3) THE COMMISSION ON CIVIL RIGHTS MAY, AT THE DISCRETION OF 6
THE COMMISSION ON CIVIL RIGHTS, REFER A COMPLAINT BR OUGHT UNDER 7
SUBSECTION (B) OF THIS SECTION TO THE STATE SUPERINTENDENT TO BE HEARD 8
IN ACCORDANCE WITH § 26–705 OF THIS SUBTITLE. 9
(D) WITHIN 30 DAYS AFTER RECEIVING A NOT ICE UNDER SUBSECTION 10
(C)(1) OF THIS SECTION, THE PROGRAM OR SCHOOL AND, IF APPROPRIATE, COUNTY 11
BOARD SHALL SUBMIT A RESPONSE TO THE COMMISSION ON CIVIL RIGHTS. 12
(E) (1) (I) THE COMMISSION ON CIVIL RIGHTS SHALL ATTEMPT TO 13
MEDIATE AN AGREEMENT BETWEEN THE COMPLAINANT AND THE RESPONDENT TO 14
REMEDY AND ELIMINATE THE DISCRIMINATION. 15
(II) THE STATE SUPERINTENDENT MAY AS SIST WITH 16
MEDIATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, INCLUDING 17
BY MAKING RECOMMENDA TIONS FOR REMEDYING AND ELIMINATING 18
DISCRIMINATORY PRACTICES. 19
(III) IF MEDIATION UNDER SU BPARAGRAPH (I) OF THIS 20
PARAGRAPH RESULTS IN AN AGREEMENT BETWEEN THE PARTIES, THE COMMISSION 21
ON CIVIL RIGHTS SHALL ISSUE TO BOTH PARTIES A WRITT EN STATEMENT OF THE 22
MEDIATION FINDINGS AND AGREEMENT, INCLUDING THE TIMELINE WITHIN WHICH 23
ANY AGREED ACTIONS MUST BE TAKEN. 24
(2) (I) IF A MEDIATION AGREEM ENT IS NOT REACHED U NDER 25
PARAGRAPH (1) OF THIS SUBSECTION W ITHIN 60 DAYS AFTER THE COMPL AINT IS 26
FILED, THE COMMISSION ON CIVIL RIGHTS SHALL ISSUE A DECISION ON THE 27
COMPLAINT TO BOTH PARTIES. 28
(II) A DECISION ISSUED UNDE R SUBPARAGRAPH (I) OF THIS 29
PARAGRAPH SHALL: 30
1. BE IN WRITING; 31
2. CONTAIN ANY FINDINGS OF FACT DETERMINED B Y 32
THE STATE SUPERINTENDENT; AND 33
18 HOUSE BILL 649
3. SPECIFY ANY ACTIONS N ECESSARY TO REMEDY OR 1
ELIMINATE THE DISCRI MINATION, INCLUDING THE TIMELI NE WITHIN WHICH THE 2
ACTIONS MUST BE TAKEN. 3
(III) THE STATE SUPERINTENDENT MAY AS SIST WITH A 4
DECISION ISSUED UNDE R SUBPARAGRAPH (I) OF THIS PARAGRAPH BY MAKING 5
RECOMMENDATIONS ON R EMEDYING AND ELIMINATING DISCRIMI NATORY 6
PRACTICES. 7
(IV) IF THE COMMISSION ON CIVIL RIGHTS FINDS THAT A 8
COUNTY BOARD, PROGRAM, OR SCHOOL VIOLATED § 26–704 OF THIS SUBTITLE , A 9
DECISION ISSUED UNDE R SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y REQUEST 10
THE STATE SUPERINTENDENT TO REQUIRE THE COMPTROLLER TO WITHHO LD 11
FUNDING FROM THE PRO GRAM OR SCHOOL IN AN AMOUNT DETERMINED BY THE 12
STATE SUPERINTENDENT IN ACCORDANCE WITH § 2–303(B) OF THIS ARTICLE. 13
(F) (1) A COMPLAINANT ALLEGING THAT A COUNTY BOARD , PROGRAM, 14
OR SCHOOL DID NOT REMEDY OR ELIMINATE THE DISCRIMINATION AS AGREED OR 15
REQUIRED UNDER SUBSE CTION (E) OF THIS SECTION MAY REOPEN A COMPLAINT 16
MADE UNDER THIS SECTION WITHOUT: 17
(I) FILING A NEW COMPLAINT UNDER SUBSECTION (B) OF THIS 18
SECTION; OR 19
(II) ENGAGING IN MEDIATIO N UNDER SUBSECTION (E)(1) OF 20
THIS SECTION. 21
(2) (I) IF THE COMMISSION ON CIVIL RIGHTS FINDS THAT A 22
COUNTY BOARD , PROGRAM, OR SCHOOL DID NOT RE MEDY OR ELIMINATE TH E 23
DISCRIMINATION AS AG REED OR REQUIRED UND ER SUBSECTION (E) OF THIS 24
SECTION, THE COMMISSION ON CIVIL RIGHTS SHALL: 25
1. NOTIFY THE STATE SUPERINTENDENT; AND 26
2. ISSUE AN UPDATED WRIT TEN DECISION TO BOTH 27
PARTIES REQUIRING TH AT FUNDING BE WITHHE LD FROM THE PROGRAM OR 28
SCHOOL IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH. 29
(II) ON RECEIPT OF NOTICE FROM THE COMMISSION ON CIVIL 30
RIGHTS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH , THE STATE 31
SUPERINTENDENT SHALL REQUIRE THE COMPTROLLER TO WITHHO LD FUNDING 32
HOUSE BILL 649 19
FROM THE PROGRAM OR SCHOOL IN AN AMOUNT DETERMINED BY THE STATE 1
SUPERINTENDENT IN ACCORDANCE WITH § 2–303(B) OF THIS ARTICLE. 2
(G) A COMPLAINANT OR RESPO NDENT MAY APPEAL TO THE OFFICE OF 3
ADMINISTRATIVE HEARINGS: 4
(1) WITHIN 10 DAYS AFTER RECEIVING A DECISION ISSUED BY THE 5
COMMISSION ON CIVIL RIGHTS UNDER SUBSECTION (E)(2) OF THIS SECTION; OR 6
(2) IF THE COMMISSION ON CIVIL RIGHTS DOES NOT ISSUE A 7
DECISION AS REQUIRED UNDER SUBSECTION (E)(2) OF THIS SECTION , WITHIN 10 8
DAYS AFTER THE DATE BY WHICH THE DECISION SHOULD HAVE BEEN ISSUED. 9
(H) (1) AN APPEAL HEARING SHALL BE HELD IN THE COUNTY WHERE THE 10
ALLEGED DISCRIMINATORY ACT OCCURRED. 11
(2) IF, AFTER REVIEWING ALL OF THE EVIDENCE , THE 12
ADMINISTRATIVE LAW J UDGE FINDS THAT THE RESPONDENT HAS ENGAG ED IN 13
DISCRIMINATION, THE ADMINISTRATIVE LAW JUDGE SHALL: 14
(I) ISSUE A DECISION AND ORDER STATING THE JUDGE ’S 15
FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND 16
(II) ISSUE AND CAUSE TO BE SERVED ON THE RESPONDENT AN 17
ORDER REQUIRING THE RESPONDENT TO: 18
1. CEASE AND DESIST FROM ENGAGING IN THE 19
DISCRIMINATION; AND 20
2. TAKE AFFIRMATIVE ACT ION TO EFFECTUATE TH E 21
PURPOSES OF THIS SUBTITLE. 22
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
THE COMMISSION ON CIVIL RIGHTS SHALL ADOPT RE GULATIONS TO ESTABLI SH 24
PROCEDURES FOR COMPLAINT PROCESSING, MEDIATION, AND ENFORCEMENT AND 25
OTHERWISE CARRY OUT THE REQUIREMENTS OF THIS SECTION. 26
(2) THE COMMISSION ON CIVIL RIGHTS SHALL DEFER TO THE STATE 27
BOARD AND THE STATE SUPERINTENDENT ON: 28
(I) MATTERS RELATING TO T HE EDUCATION OF STUD ENTS; 29
AND 30
20 HOUSE BILL 649
(II) THE AUTHORITY OF THE STATE SUPERINTENDENT UNDER 1
§ 26–705 OF THIS SUBTITLE. 2
(3) THE COMMISSION ON CIVIL RIGHTS AND THE STATE BOARD 3
SHALL JOINTLY SET GU IDELINES FOR DETERMI NING WHEN ALLEGATION S OF 4
DISCRIMINATORY PRACT ICES ARE SUFFICIENT TO WARRANT MEDIATION UNDER 5
THIS SECTION. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.