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*hb1039*
HOUSE BILL 1039
F1 6lr2832
HB 1180/25 – W&M
By: Delegates Fisher, Arikan, Chisholm, Grammer, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: February 9, 2026
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Education – Primary and Secondary Schools – Alternative School Options 2
(Right to Learn Act) 3
FOR the purpose of requiring, on or before a certain date each year, each county board of 4
education to provide certain information to the parent or legal guardian of a student 5
who attends a failing school; requiring that a failing school continue to be designated 6
as a failing school until certain conditions are met; requiring that a student who is 7
attending a failing school be provided the opportunity to attend an alternative school; 8
establishing the Broadening Options and Opportunities for Students Today Program 9
to provide certain scholarships for certain students; requiring each county board to 10
provide a list of available military boarding school options to the parent or legal 11
guardian of a certain student; requiring a parent or legal guardian of a certain 12
student to notify the county board of a student’s decision to continue attending the 13
school or to attend an alternative school or military boarding school; requiring the 14
local school system of a certain student to pay for the student to attend a certain 15
military boarding school; and generally relating to alternative school options. 16
BY adding to 17
Article – Education 18
Section 5–244 and 5–245 19
Annotated Code of Maryland 20
(2025 Replacement Volume and 2025 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Education 24
5–244. 25
2 HOUSE BILL 1039
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ALTERNATIVE SCHOOL” MEANS: 3
(I) A PUBLIC SCHOOL THAT IS: 4
1. NOT A FAILING SCHOOL; AND 5
2. LOCATED IN THE SAME COUNTY AS A FAILING SCHOOL 6
IN WHICH A STUDENT IS ENROLLED; 7
(II) A NONPUBLIC SCHOOL; OR 8
(III) A BOARDING SCHOOL, INCLUDING A MILITARY BOARDING 9
SCHOOL. 10
(3) “FAILING SCHOOL” MEANS A SCHOOL THAT HAS BEEN GIVEN ONE 11
STAR UNDER THE STAR RATING SYSTEM FOR AT LEAST THE PRIOR 3 CONSECUTIVE 12
SCHOOL YEARS. 13
(4) “PROGRAM” MEANS THE BROADENING OPTIONS AND 14
OPPORTUNITIES FOR STUDENTS TODAY PROGRAM. 15
(5) “STAR RATING SYSTEM ” MEANS THE SYSTEM THA T AWARDS A 16
SCORE TO A PUBLIC SCHOOL U NDER THE STATE ACCOUNTABILITY SYSTEM 17
ADOPTED BY THE STATE BOARD AS REQUIRED BY THE FEDERAL EVERY STUDENT 18
SUCCEEDS ACT. 19
(6) “TOTAL PER PUPIL AMOUN T” MEANS THE COUNTY BOA RD PER 20
PUPIL SPENDING FOR THE EDUCATION AID PROGRAMS UNDER THIS SUBTITLE. 21
(B) (1) ON OR BEFORE JANUARY 1 EACH YEAR, AND BASED ON THE STAR 22
RATINGS AWARDED UNDER THE STAR RATING SY STEM DURING THE IMME DIATELY 23
PRECEDING DECEMBER, EACH COUNTY BOARD SH ALL PROVIDE THE FOLL OWING 24
INFORMATION TO THE P ARENT OR LEGAL GUARD IAN OF EACH STUDENT WHO 25
ATTENDS A FAILING SCHOOL: 26
(I) NOTIFICATION THAT THE SCHOOL IS A FAILING SCHOOL; 27
AND 28
(II) A LIST OF AVAILABLE ALTERNATIVE SCHOOL OPTIONS. 29
HOUSE BILL 1039 3
(2) A SCHOOL SHALL CONTINU E TO BE DESIGNATED AS A FAILING 1
SCHOOL UNTIL THE SCH OOL RECEIVES AT LEAST A TWO –STAR RATING FOR 2 2
CONSECUTIVE SCHOOL YEARS. 3
(C) (1) A STUDENT ATTENDING A FAILING SCHOOL SHALL BE PROVIDED 4
THE OPPORTUNITY TO ATTEND AN ALTERNATIVE SCHOOL. 5
(2) ON OR BEFORE APRIL 1 OF THE YEAR IN WHICH A PARENT OR 6
LEGAL GUARDIAN RECEI VES INFORMATION UNDER SUBSECTION (B) OF THIS 7
SECTION, THE PARENT OR LEGAL GUARDIAN OF THE STUD ENT SHALL NOTIFY THE 8
COUNTY BOARD OF THE STUDENT’S DECISION TO: 9
(I) CONTINUE ATTENDING THE CURRENT SCHOOL; OR 10
(II) ATTEND A PARTICULAR ALTERNATIVE SCHOOL. 11
(D) (1) THERE IS A BROADENING OPTIONS AND OPPORTUNITIES FOR 12
STUDENTS TODAY PROGRAM. 13
(2) THE PURPOSE OF THE PROGRAM IS TO PROVIDE: 14
(I) SCHOLARSHIPS FOR STUD ENTS WHO ARE ELIGIBL E FOR 15
THE FREE AND REDUCED PRICE LUNCH PROGRAM TO ATTEND A NONPUBLI C 16
SCHOOL; AND 17
(II) RIGHT TO LEARN SCHOLARSHIPS FO R STUDENTS WHO 18
ATTEND A FAILING SCHOOL AND CHOOSE TO ATTEND A NONPUBLIC SCHOOL. 19
(3) THE DEPARTMENT SHALL ADMINISTER THE PROGRAM. 20
(4) (I) FOR EACH STUDENT WHO RECEIVES A RIGHT TO LEARN 21
SCHOLARSHIP UND ER THE PROGRAM, THE APPLICABLE COUNT Y BOARD SHALL 22
REMIT FUNDS TO THE DEPARTMENT EQUAL TO THE TOTAL PER PUPIL AMOUNT. 23
(II) THE DEPARTMENT SHALL RETU RN ANY UNUSED FUNDS 24
REMITTED UNDER THIS PARAGRAPH TO THE COUNTY BOARD. 25
(5) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT 26
THE PROVISIONS OF THIS SUBSECTION. 27
5–245. 28
4 HOUSE BILL 1039
(A) EACH COUNTY BOARD SHALL PROVIDE A LIST OF AVAILABLE MILITARY 1
BOARDING SCHOOL OPTI ONS TO THE PARENT OR LEGAL GUARDIAN OF EA CH 2
STUDENT WHO: 3
(1) THE SCHOOL ADMINISTRATOR DETERMINES IS VIOLENT; OR 4
(2) RECEIVES CONTINUOUS DISCIPLINARY ACTION, AS DETERMINED 5
BY THE SCHOOL ADMINISTRATOR. 6
(B) A PARENT OR LEGAL GUAR DIAN WHO RECEIVES A LIST OF AVAILABLE 7
MILITARY BOARDING SC HOOL OPTIONS UNDER S UBSECTION (A) OF THIS SECTION 8
SHALL NOTIFY THE COUNTY BOARD OF THE STUDENT’S DECISION TO: 9
(1) CONTINUE ATTENDING THE CURRENT SCHOOL; OR 10
(2) ATTEND A MILITARY BOARDING SCHOOL. 11
(C) THE LOCAL SCHOOL SYST EM OF A STUDENT WHO THE SCHOOL 12
ADMINISTRATOR DETERM INES IS VIOLENT OR H AS RECEIVED CONTINUO US 13
DISCIPLINARY ACTION SHALL PAY FOR THE ST UDENT TO ATTEND A MI LITARY 14
BOARDING SCHOOL INCLUDED ON THE LIST PRO VIDED UNDER SUBSECTION (A) OF 15
THIS SECTION. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2026. 18