Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1060*
HOUSE BILL 1060
F1, J1, O4 6lr1584
By: Delegate Smith
Introduced and read first time: February 9, 2026
Assigned to: Ways and Means and Health
A BILL ENTITLED
AN ACT concerning 1
Primary and Secondary Schools – Petitions for Emergency Evaluation – 2
Requirement for Tracking and Reporting and Study 3
FOR the purpose of requiring the State Department of Education to develop and certain 4
schools to implement a system to track and report certain petitions for emergency 5
evaluations made during the school year; requiring county boards of education and 6
certain schools to submit certain repor ts to the Department; requiring the 7
Department to verify certain informa tion; requiring the Department to convene a 8
workgroup to study the use of petitions for emergency evaluations in school settings 9
for certain purposes ; and generally relating to tracking and reporting petitions for 10
emergency evaluation in primary and secondary schools. 11
BY adding to 12
Article – Education 13
Section 7–455 14
Annotated Code of Maryland 15
(2025 Replacement Volume and 2025 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
7–455. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
2 HOUSE BILL 1060
(2) “NONPUBLIC SCHOOL” MEANS A NONCOLLEGIATE EDUCATIONAL 1
INSTITUTION THAT HOLDS A CERTIFICATE OF APPROVAL FROM THE STATE BOARD 2
UNDER § 2–206(E) OF THIS ARTICLE. 3
(3) “PETITION FOR EMERGENC Y EVALUATION ” MEANS A PETITION 4
MADE FOR THE EMERGENCY EV ALUATION OF A STUDEN T UNDER § 10–622 OF THE 5
HEALTH – GENERAL ARTICLE. 6
(4) “SCHOOL” MEANS: 7
(I) A PUBLIC ELEMENTARY OR SECONDARY SCHOOL; 8
(II) A NONPUBLIC SCHOOL; 9
(III) THE MARYLAND SCHOOL FOR THE BLIND; 10
(IV) THE MARYLAND SCHOOL FOR THE DEAF; OR 11
(V) THE SEED SCHOOL OF MARYLAND. 12
(B) (1) THE DEPARTMENT SHALL DEVELOP AND EACH SCHOOL SHALL 13
IMPLEMENT A SYSTEM T O TRACK AND REPORT PETITIONS FOR EMERGE NCY 14
EVALUATIONS THAT ARE MADE DURING THE SCHOOL YEAR. 15
(2) THE TRACKING SYSTEM D EVELOPED UNDER PARAG RAPH (1) OF 16
THIS SUBSECTION SHALL COLLECT INFORMATION ON: 17
(I) EACH PETITION FOR EMERGENCY EVALUA TION THAT IS 18
MADE; 19
(II) THE STUDENT’S: 20
1. NAME; 21
2. AGE; 22
3. GENDER; 23
4. RACE; AND 24
5. ETHNICITY; 25
HOUSE BILL 1060 3
(III) WHETHER THE STUDENT H AS AN INDIVIDUALIZED 1
EDUCATION PROGRAM OR 504 PLAN AND, IF SO, ANY DISABILITIES THE STUDENT 2
HAS; 3
(IV) THE NAME AND TITLE OF THE SCHOOL EMPLOYEE 4
INITIATING THE PETITION FOR EMERGENCY EVALUATION; 5
(V) THE REASON FOR THE PE TITION FOR EMERGENCY 6
EVALUATION; 7
(VI) WHETHER HANDCUFFS WERE USED DURING THE CARRYING 8
OUT OF THE PETITION FOR EMERGENCY EVALUATION; AND 9
(VII) IF, AS A RE SULT OF THE PETITION FOR EMERGENCY 10
EVALUATION, THE STUDENT: 11
1. WAS EVALUATED BY A HEALTH PROFESSIONAL; 12
2. WAS ADMITTED TO A HOSPITAL OR OTHER FACILITY; 13
3. WAS R ELEASED FROM THE HOSPITAL OR OTHER 14
FACILITY; OR 15
4. HAD ANY OTHER KNOWN RESULT OR OUTCOME. 16
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 17
EACH SCHOOL SHALL SUBMIT TO THE COUNTY BOARD: 18
(I) EACH PETITION FOR EMERGEN CY EVALUATION REPORT 19
WITHIN 30 DAYS AFTER A PETITION FOR EMERGENCY EVALUA TION WAS 20
DOCUMENTED UNDER SUBSECTION (B) OF THIS SECTION; OR 21
(II) A REPORT THAT COMPILES THE PETITION FOR EMERGENCY 22
EVALUATION REPORTS COLLECTED BY THE SCHOOL OVER A 30–DAY PERIOD EACH 23
MONTH. 24
(2) A NONPUBLIC SCHOOL, THE MARYLAND SCHOOL FOR THE BLIND, 25
THE MARYLAND SCHOOL FOR THE DEAF, AND THE SEED SCHOOL OF MARYLAND 26
SHALL SUBMIT THE INFORMATION REQU IRED UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION TO THE DEPARTMENT. 28
(D) (1) ON OR BEFORE JANUARY 1, 2027, AND EACH JULY 1 AND 29
JANUARY 1 THEREAFTER, EACH COUNTY BOARD SH ALL SUBMI T TO THE 30
4 HOUSE BILL 1060
DEPARTMENT A COMPILAT ION REPORT ON THE PETITION FOR EMERGEN CY 1
EVALUATION REPORTS SUBMITTED UNDER SUBSECTION (C)(1) OF THIS SECTION. 2
(2) (I) THE DEPARTMENT SHALL VERI FY THE ACCURACY OF A 3
REPORT FROM ANY SCHO OL THAT REPORTS NO PETITIONS FOR EMERGE NCY 4
EVALUATION UNDER THIS SECTION. 5
(II) IF THE DEPARTMENT IS UNABLE TO VERIFY THE ACCURACY 6
OF A REPORT SUBMITTE D BY A SCHOOL , THE DEPARTMENT SHALL MAKE 7
RECOMMENDATIONS FOR IMPROVEMENTS IN DATA COLLECTION AT THE SCHOOL. 8
(E) (1) (I) ON OR BEFORE OCTOBER 1, 2027, AND EACH OCTOBER 1 9
THEREAFTER, THE DEPARTMENT SHALL SUBMIT TO THE GENERAL ASSEMBLY, IN 10
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A REPORT 11
SUMMARIZING THE DATA RECEIVED UNDER SUBSECTION (D) OF THIS SECTION FOR 12
THE IMMEDIATELY PREC EDING SCHOOL YEAR AN D ANY OTHER FINDINGS OR 13
RECOMMENDATIONS FOR LEGISLATIVE ACTION. 14
(II) THE REPORT REQUIRED U NDER SUBPARAGRAPH (I) OF 15
THIS PARAGRAPH SHALL PROVIDE, IN ACCORDANCE WITH STATE AND FEDERAL 16
PRIVACY LAWS, DATA DISAGGREGATED BY: 17
1. SCHOOL; 18
2. AGE OF STUDENT; 19
3. GENDER OF STUDENT; 20
4. RACE OF STUDENT; 21
5. ETHNICITY OF STUDENT; 22
6. ANY DISABILITY OF A STUDENT; 23
7. REASON FOR THE PETITI ON FOR EMERGENCY 24
EVALUATION; AND 25
8. THE NUMBER OF TIMES HANDCUFFS WERE USED 26
DURING THE PROCESS O F CARRYING OUT THE P ETITION FOR EMERGENCY 27
EVALUATION. 28
HOUSE BILL 1060 5
(2) THE DEPARTMENT SHALL POST THE REPORT REQUIRED UNDER 1
PARAGRAPH (1) OF THIS SUBSECTION O N ITS WEBSITE WITHIN 30 DAYS OF 2
SUBMITTING THE REPORT TO THE GENERAL ASSEMBLY. 3
(F) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT THE 4
PROVISIONS OF THIS SECTION. 5
SECTION 2. AND BE IT FURTHER ENACTED, That: 6
(a) The State Department of Education shall convene a workgroup that includes: 7
(1) the State Superintendent of Schools, or the Superintendent’s designee; 8
(2) a school social worker or school psychologist; and 9
(3) representatives of: 10
(i) a county board of education; 11
(ii) a statewide hospital association; 12
(iii) a hospital–based emergency psychiatric services provider; 13
(iv) law enforcement with experience in responding to mental health 14
crises in school settings; and 15
(v) a student or family advocacy organization. 16
(b) The purpose of the workgroup is to study the use of pet itions for emergency 17
evaluations involving students in school settings and to improve coordination, training, and 18
policy related to school–based mental health crisis responses. 19
(c) The State Department of Education shall provide staff for the workgroup. 20
(d) A member of the workgroup: 21
(1) may not receive compensation as a member of the workgroup; but 22
(2) is entitled to reimbursement for expenses under the Standard State 23
Travel Regulations, as provided in the State budget. 24
(e) The workgroup shall: 25
(1) examine the circumstances under which petitions for emergency 26
evaluation are initiated in school settings; 27
6 HOUSE BILL 1060
(2) identify gaps in documentation, data continuity, and information 1
sharing across education, health care, and public safety systems, including limitations 2
created by State and federal privacy laws; 3
(3) evaluate school –based mental health crisis response p ractices and 4
training; 5
(4) determine best practices to ensure petitions for emergency evaluation 6
are used appropriately and consistently in school settings; and 7
(5) recommend statutory, regulatory, policy, and training improvements 8
for the use of petitions for emergency evaluation in school settings. 9
(f) (1) The State Department of Education shall give the workgroup access to 10
data collected under § 7–455 of the Education Article. 11
(2) Any data provided in accordance with paragraph (1) of this subsection 12
may not include a student’s name or personally identifiable information. 13
(g) (1) On or before December 1, 2027, the workgroup shall report its findings, 14
identified data limitations, and recommendations to the General Ass embly in accordance 15
with § 2–1257 of the State Government Article. 16
(2) Data in cluded in the report required under paragraph (1) of this 17
subsection shall be anonymized to the extent possible consistent with the information’s 18
intended use and in a manner that complies with State and federal privacy laws. 19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2026. Section 2 of this Act shall remain effective for a period of 1 year and 6 months and, 21
at the end of December 31, 2027, Section 2 of this Act, with no further action required by 22
the General Assembly, shall be abrogated and of no further force and effect. 23