Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1032*
HOUSE BILL 1032
F1, F5 6lr2181
CF SB 659
By: Delegate Wolek
Introduced and read first time: February 9, 2026
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Prekindergarten Programs and Primary and Secondary Schools – Student 2
Privacy Policy Requirements and Discrimination Reporting 3
FOR the purpose of requiring public and nonpublic primary or secondary schools to adopt 4
certain po licies and procedures for protecting the privacy of student records; 5
requiring nonpublic prekindergarten programs and nonpublic primary and 6
secondary schools to report certain information about certain incidents of alleged 7
discrimination to the State Depar tment of Education annually; and generally 8
relating to student privacy and discrimination in education. 9
BY adding to 10
Article – Education 11
Section 7–137 12
Annotated Code of Maryland 13
(2025 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Education 16
Section 26–702 and 26–703 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2025 Supplement) 19
BY adding to 20
Article – Education 21
Section 26–706 22
Annotated Code of Maryland 23
(2022 Replacement Volume and 2025 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 1032
Article – Education 1
7–137. 2
(A) IN THIS SECTION, “SCHOOL” MEANS: 3
(1) A PUBLIC PRIMARY OR SECONDARY SCHOOL; OR 4
(2) A NONPUBLIC PRIMARY OR SECONDARY SCHOOL. 5
(B) A SCHOOL SHALL ADOPT W RITTEN POLICIES AND PROCEDURES ON 6
PROTECTING THE RIGHT OF PRIVACY OF A STUDENT AND A STUDENT’S PARENT OR 7
GUARDIAN REGARDING ACCESS TO AND THE RELEASE OF THE STUDENT’S RECORDS. 8
(C) THE WRITTEN POLICIES AND PROCEDURES UNDER SUBSECTION (B) OF 9
THIS SECTION SHALL INCLUDE THE FOLLOWING: 10
(1) A POLICY STATEMENT ASS URING THAT ALL RECOR DS 11
PERTAINING TO A STUD ENT ARE AVAILABLE TO THE STUDENT ’S PARENT OR 12
GUARDIAN FOR INSPECTION OR REVIEW; 13
(2) PROCEDURES TO BE FOLLOWED BY A PARENT OR GUARDIAN WHO 14
REQUESTS TO INSPECT OR REVIEW THE RECORDS OF THE PARENT OR G UARDIAN’S 15
CHILD; 16
(3) A POLICY STATEMENT ASS URING THAT THE SCHOO L MAY NOT 17
DISCLOSE PERSONAL ID ENTIFYING INFORMATIO N FROM A STUDENT ’S RECORD 18
WITHOUT PRIOR WRITTEN CONSENT OF THE STUDE NT’S PARENT OR GUARDIAN 19
UNLESS OTHERWISE ALLOWED BY LAW; 20
(4) PROCEDURES BY WHICH T HE SCHOOL SHALL MAIN TAIN A 21
WRITTEN RECORD OF RE QUESTS FOR , AND DISCLOSURE OF , PERSONAL 22
IDENTIFYING INFORMATION FROM A STUDENT’S RECORD THAT INCLUDES: 23
1. THE FIRST , MIDDLE, AND LAST NAME OF THE 24
STUDENT; 25
2. THE NAME OF THE REVIEWER; 26
3. THE MONTH, DAY, AND YEAR OF THE REVIEW; AND 27
4. THE PURPOSE OF THE REVIEW; AND 28
HOUSE BILL 1032 3
(5) PROCEDURES FOR INFORMING A PARENT OR GUARDIAN OF THESE 1
POLICIES AND PROCEDURES. 2
(D) THE WRITTEN POLICIES AND PROCEDURES UNDER SUBSECTION (B) OF 3
THIS SECTION MAY NOT ABROGATE THE PRIVACY RIGHTS OF A STUDENT OR A 4
STUDENT’S PARENT OR GUARDIAN UNDER APPLICABLE FEDERAL AND STATE LAW. 5
(E) CONSISTENT WITH § 8–412.1 OF THIS ARTICLE, FOR A STUDENT WHO IS 6
AT LEAST 18 YEARS OLD, THE RIGHTS ACCORDED TO AND CONSENT REQUI RED OF 7
THE PARENT OR GUARDI AN OF THE STUDENT SH ALL BE ACCORDED TO A ND 8
REQUIRED ONLY OF THE STUDENT. 9
26–702. 10
This subtitle does not apply to: 11
(1) With respect to discrimination on the basis of sex, a prekindergarten 12
program or school that limits admission to students of only one sex; 13
(2) With respect to discrimination on the basis of religion, a nonpublic 14
prekindergarten program or nonpublic school that is affiliated with a religious institution: 15
(i) Providing instruction on the religious beliefs of the religion with 16
which the program or school is affiliated; 17
(ii) Declining to provide instruction in beliefs that are different from 18
the religion with which the program or school is affiliated; 19
(iii) Requiring student attendance at religious events inherent to the 20
religion with which the program or school is affiliated; 21
(iv) Limiting admissions to or having a preference in ad missions for 22
a student of certain religious beliefs or a student who is a member or is part of a family that 23
is a member of the religious institution affiliated with the program or school, if the program 24
or school has had the limitation or preference conti nually since the date on which the 25
program or school was established; or 26
(v) Granting tuition discounts for a student of certain religious 27
beliefs or who is a member or is part of a family that is a member of the religious institution 28
affiliated with t he program or school if the practice of granting the discounts was 29
established the later of before July 1, 2022, or since the date on which the program or school 30
was established; and 31
(3) With respect to discrimination on the basis of disability, a nonpu blic 32
prekindergarten program or nonpublic school that is in compliance with § 504 of the federal 33
Rehabilitation Act of 1973 or the federal Americans with Disabilities Act, as applicable. 34
4 HOUSE BILL 1032
26–703. 1
This subtitle does not require a nonpublic prekindergarten program or nonpublic 2
school that is religiously affiliated to enroll, retain, or extend privileges to a student or 3
prospective student who does not meet the usual and regular qualifications, requirements, 4
and standards of the program or school or to adopt any rule, regulation, or policy that 5
conflicts with the program or school’s religious or moral teachings, provided that the denial, 6
rule, regulation, or policy is not based on discrimination on the grounds of race, ethnicity, 7
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 8
or disability. 9
26–706. 10
(A) THIS SECTION APPLIES TO: 11
(1) A NONPUBLIC PREKINDERGARTEN PROGRAM; AND 12
(2) A NONPUBLIC PRIMARY OR SECONDARY SCHOOL. 13
(B) ON OR BEFORE SEPTEMBER 1, 2027, AND EACH SEPTEMBER 1 14
THEREAFTER, AN ENTITY LISTED UNDER SUBSECTION (A) OF THIS SECTION SHALL 15
REPORT THE FOLLOWING INFORMATION TO THE DEPARTMENT: 16
(1) THE NUMBER OF INCIDEN TS OF ALLEGED DISCRI MINATION ON 17
THE GROUNDS OF RACE , ETHNICITY, COLOR, RELIGION, SEX, AGE, NATIONAL 18
ORIGIN, MARITAL STATUS , SEXUAL ORIENTATION , GENDER IDENTITY , OR 19
DISABILITY: 20
(I) 1. AGAINST A STUDENT; OR 21
2. IF THE ALLEGED DISCRI MINATION OCCURS ON 22
SCHOOL PREMISES, ON SCHOOL TRANSPORTA TION, OR AT A SCHOOL –SPONSORED 23
EVENT, A PROSPECTIVE STUDENT OR A PARENT OR GUARDIAN OF A STUDENT OR A 24
PROSPECTIVE STUDENT; AND 25
(II) REPORTED TO THE NONPU BLIC PREKINDERGARTEN 26
PROGRAM OR THE NONPU BLIC PRIMARY OR SECO NDARY SCHOOL DURING THE 27
IMMEDIATELY PRECEDING 12 MONTHS; AND 28
(2) FOR EACH INCIDENT: 29
(I) THE TYPE OF DISCRIMINATION ALLEGED; 30
HOUSE BILL 1032 5
(II) WHETHER THE COMPLAINA NT WAS A STUDENT , A 1
PROSPECTIVE STUDENT , OR A PARENT OR GUARD IAN OF A STUDENT OR A 2
PROSPECTIVE STUDENT; AND 3
(III) WHETHER THE ALLEGED O FFENDER WAS A STUDEN T, A 4
PROSPECTIVE STUDENT, A PARENT OR GUARDIAN OF A STUDENT OR A PROSPECTIVE 5
STUDENT, A SCHOOL EMPLOYEE, A SCHOOL VOLUNTEER, OR ANOTHER INDIVIDUAL. 6
(C) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 7
THEREAFTER, THE DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR 8
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 9
GENERAL ASSEMBLY THAT: 10
(1) COMPILES ALL OF THE I NFORMATION FROM THE REPORTS 11
RECEIVED UNDER THIS SECTION FOR THE IMME DIATELY PRECEDING RE PORTING 12
PERIOD; 13
(2) DISCUSSES RELEVANT FINDINGS OR TRENDS; AND 14
(3) PROVIDES ANY OTHER RELEVANT INFORMATION. 15
(D) A REPORT REQUIRED UNDE R THIS SECTION MAY N OT INCLUDE 16
PERSONAL IDENTIFYING INFORMATION. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2026. 19