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*hb1168*
HOUSE BILL 1168
F1, O4 6lr1653
CF SB 685
By: Delegate Bagnall
Introduced and read first time: February 11, 2026
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 23, 2026
CHAPTER ______
AN ACT concerning 1
Local School Systems State Department of Education – Sexual Abuse and 2
Sexual Misconduct – Misconduct Model Response Policy and After–Action 3
Review – Requirements 4
FOR the purpose of requiring the State Department of Education to develop a model sexual 5
abuse and sexual misconduct response policy that includes, at minimum, certain 6
components; requiring each local school system to adopt a certain response policy , 7
provide certain notices in a certain manner, and conduct a certain after –action 8
review under certain circumstances and post a certain link on its website ; and 9
generally relating to sexual abuse and sexual misconduct response policies. 10
BY adding to 11
Article – Education 12
Section 4–148 13
Annotated Code of Maryland 14
(2025 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
4–148. 19
2 HOUSE BILL 1168
(A) (1) IN THIS SECTION , THE FOLLOWING TERMS HAVE THE MEANINGS 1
INDICATED. 2
(2) “CREDIBLE ALLEGATION ” MEANS A SPECIFIC AND PLAUSIBLE 3
REPORT OF SEXUAL MIS CONDUCT OR SEXUAL AB USE, MADE BY A PERSON WIT H 4
APPARENT KNOWLEDGE, BY A SCHOOL EMPLOYEE OR CONTRACTOR OR VOLUNTEER 5
THAT IS SUFFICIENT TO WARRANT TEMPORARY PROTECTIVE ACTION BY THE LOCAL 6
SCHOOL SYSTEM. 7
(3) “RESPONSE RESPONSE POLICY” MEANS A SEXUAL ABUSE AND 8
MISCONDUCT RESPONSE POLICY. 9
(4) “SERIOUS INCIDENT ” MEANS AN EVENT THAT POSES A 10
SUBSTANTIAL THREAT T O A STUDENT OR STAFF MEMBER’S SAFETY OR SCHOOL 11
ENVIRONMENT AND REQU IRES IMMEDIATE ADMIN ISTRATIVE OR 12
LAW–ENFORCEMENT RESPONSE, INCLUDING: 13
(I) CREDIBLE ALLEGATIONS OF SEXUAL MISCONDUCT OR 14
SEXUAL ABUSE THAT RE SULT IN REM OVAL FROM STUDENT CO NTACT FOR MORE 15
THAN 10 DAYS; 16
(II) PHYSICAL ASSAULT; 17
(III) OFFENSES INVOLVING A WEAPON; 18
(IV) THREATS OF VIOLENCE; 19
(V) CHILD ABUSE OR NEGLECT; 20
(VI) EVENTS THAT REQUIRE EMERGENCY RESPONSE; AND 21
(VII) ANY OTHER INCIDENT DESIGNATED BY THE LOCAL SCHOOL 22
SYSTEM AS REQUIRING A FORMAL AFTER–ACTION REVIEW. 23
(B) (1) THE DEPARTMENT SHALL DEVELOP A MODEL SEXUAL ABUSE AND 24
MISCONDUCT RESPONSE POLICY FOR USE BY LOCAL SCHOOL SYSTEMS TO RESPOND 25
TO CREDIBLE SCHOOL–RELATED ALLEGATIONS OF SEXUA L ABUSE AND SEXUAL 26
MISCONDUCT. 27
(2) THE MODEL RESPONSE PO LICY DEVELOPED UNDER PARAGRAPH 28
(1) OF THIS SUBSECTION S HALL, AT MINIMUM , INCLUDE THE FOLLOWING 29
COMPONENTS: 30
HOUSE BILL 1168 3
(I) A COMMUNICATIONS PLAN; 1
(II) AN E –MAIL AND OTHER ELECTRONIC COMMUNICA TION 2
DOCUMENTS RETENTION POLICY; 3
(III) A REQUIREMENT TO LINK TO A CENTRALIZED RES OURCE 4
PLATFORM; AND 5
(IV) AN AFTER–ACTION REVIEW PLAN. 6
(3) THE MODEL RESPONSE PO LICY MAY NOT IMPEDE OR 7
COMPROMISE THE ABILITY OF A SCHOOL, A SCHOOL SYSTEM, A LAW ENFORCEMENT 8
AGENCY, OR A PROSECUTOR TO C ONDUCT A THOROUGH AN D UNBIASED 9
INVESTIGATION INTO AN ALLEGATION OF SEXUAL ABUSE OR SEXUAL MISCONDUCT. 10
(I) A REQUIREMENT THAT A P ARENT OR GUARDIAN RE CEIVE 11
PROMPT NOTIFICATION THAT THE STUDENT HAS MADE A CREDIBLE ALLEGATION OF 12
A SERIOUS INCIDENT; 13
(II) A COMMUNICATIONS PLAN THAT PROVIDES LOCAL SCHOOL 14
SYSTEMS WITH THE INF ORMATION AUTHORIZED TO BE SHARED WITH TH E PUBLIC 15
AT EACH STAGE OF THE RESPONSE PROCESS; 16
(III) A REQUIREMENT THAT , SUBJECT TO SUBSECTION (E) OF 17
THIS SECTION , NOTIFICATION OF AN A LLEGATION OF CHILD A BUSE BY AN 18
EMPLOYEE OF THE LOCAL SCHOOL SYSTEM BE PROVIDED TO THE CHILD’S PARENT 19
OR GUARDIAN AS SOON AS POSSIBLE AND NOT LATER THAN WITHIN 3 SCHOOL DAYS; 20
AND 21
(IV) RECORD RETENTI ON REQUIREMENTS AND GUIDELINES 22
DEVELOPED IN COLLABORATION WITH THE STATE ARCHIVES, INCLUDING: 23
1. A REQUIREMENT THAT ALL E–MAIL AND ELECTRONIC 24
RECORDS REGARDING A CREDIBLE ALLEGATION OF SEXUAL ABUSE OR S EXUAL 25
MISCONDUCT BY AN EMP LOYEE OF THE LOCAL S CHOOL SYSTEM BE RETAINE D BY 26
THE LOCAL SCHOOL SYSTEM FOR A MINIMUM OF 3 YEARS; 27
2. PROCEDURES FOR THE MA INTENANCE, SECURITY, 28
AND TRANSFER OF RECORDS; AND 29
3. GUIDELINES REGARDING RETAINING RECORDS FO R 30
CRIMINAL, CIVIL, OR ADMINISTRATIVE INVESTIGATIONS. 31
4 HOUSE BILL 1168
(C) (1) THE COMPONENTS OF THE MODEL RESPONSE POLIC Y 1
DEVELOPED UNDER SUBS ECTION (B) OF THIS SECTION SHAL L INCLUDE THE 2
INFORMATION REQUIRED UNDER THIS SUBSECTIO N AND BE DEVELOPED I N 3
COLLABORATION WITH STATE AND LOCAL GOVERNMENTAL ENTITIES, COMMUNITY 4
STAKEHOLDERS, AND ANY OTHER RELEVA NT ENTITIES DETERMIN ED BY THE 5
DEPARTMENT. 6
(2) THE COMMUNICATIONS PL AN SHALL INCLUDE BES T PRACTICES 7
FOR PROVIDING TIMELY , RELEVANT, AND APPROPRIATE INFO RMATION THROUGH 8
NOTIFICATION AND RES PONSES TO PARENTS OF AFFECTED STUDENTS AND 9
COMMUNITY STAKEHOLDERS AND LOCAL SCHOOL SYSTEM CONTACT INFORMATION. 10
(3) THE E –MAIL AND OTHER ELECT RONIC COMMUNICATION 11
DOCUMENTS RETENTION POLICY SHALL INCLUDE REQUIREMENTS FOR THE 12
RETENTION AND MAINTENANCE OF A LOCAL SCHOOL SYSTEM’S E–MAILS AND OTHER 13
ELECTRONIC COMMUNICATION DOCUMENTS FOR A MINIMUM OF 1 YEAR. 14
(4) A CENTRALIZED, STATEWIDE RESOURCE PLATFORM, DEVELOPED 15
IN ACCORDANCE WITH T HE MODEL RESPONSE PO LICY, SHALL INCLUDE 16
INFORMATION AND PROV IDE LINKS TO RESOURC ES REGARDING CHILD S EXUAL 17
ABUSE AND SEXUAL MISCONDUCT IN A SCHOOL ENVIRONMENT. 18
(5) AN AFTER –ACTION REVIEW PLAN , DEVELOPED IN ACCORDA NCE 19
WITH THE MODEL RESPONSE POLICY, SHALL REQUIRE A LOCAL SCHOOL SYSTEM TO 20
CONDUCT A STRUCTURED , COLLABORATIVE DEBRIEFING PROCESS TO IDEN TIFY, 21
ASSESS, EVALUATE, AND RESOLVE ANY ISSU E WITH ANY ACTION TA KEN BY AN 22
ENTITY INVOLVED IN A SCHOOL–RELATED CASE OF SEXU AL ABUSE AND SEXUAL 23
MISCONDUCT TO IMPROVE FUTURE PERFORMANCE. 24
(C) (D) (1) ON OR BEFORE JULY SEPTEMBER 1, 2027, EACH LOCAL 25
SCHOOL SYSTEM SHALL ADOPT A RESPONSE POLICY BASED ON THE MODEL POLICY 26
DEVELOPED BY THE DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION. 27
(2) EACH LOCAL SCHOOL SYS TEM SHALL POST IN A CONSPICUOUS 28
PLACE ON ITS WEBSITE A LINK TO THE CENTRA LIZED RESOURCE PLATF ORM 29
DEVELOPED UNDER SUBSECTION (C) OF THIS SECTION. 30
(3) EACH LOCAL SCHOOL SYS TEM’S RESPONSE POLICY MA Y NOT 31
IMPEDE OR COMPROMISE THE ABILITY OF A SCHOOL, THE LOCAL SCHOOL SYSTEM, 32
A LAW ENFORCEMENT AGENCY, OR A PROSECUTOR TO CONDUCT A THOROUGH AND 33
UNBIASED INVESTIGATI ON INTO AN ALLEGATION OF SEXUAL ABUSE OR S EXUAL 34
MISCONDUCT. 35
HOUSE BILL 1168 5
(D) EACH LOCAL SCHOOL SYS TEM SHALL ESTABLISH A TIME –STAMPED 1
WEBPAGE ON ITS WEBSITE REGARDING A SERIOUS INCIDENT THAT: 2
(1) CONFIRMS THE NATURE OF THE INCIDENT; 3
(2) PROVIDES NONIDENTIFYING IN FORMATION ABOUT THE STATUS 4
OF THE ONGOING INVESTIGATION; 5
(3) PROVIDES LINKS TO REL EVANT RESOURCES FOR PARENTS AND 6
GUARDIANS FOR COUNSELING AND SUPPORT RESOURCES; 7
(4) PROVIDES AN UPDATE WH EN THERE IS A MATERI AL CHANGE , 8
INCLUDING THE CONCLU SION OF THE INVESTIGATION OR AN ONGOING CRIMINAL 9
CASE; AND 10
(5) CONTAINS SUPPORTING A ND NONINVESTIGATIVE INFORMATION 11
ONLY. 12
(E) A LAW ENFORCEMENT AGENCY OR A CHILD PROTECTIVE SERVICES UNIT 13
MAY REQUEST THAT CERTAIN DETAILS OF A SERIOUS INCIDENT BE WITHHELD FROM 14
THE PUBLIC OR THAT PUBLIC COMMUNICATION BE DELAYED. 15
(F) (1) A LOCAL SCHOOL SYSTEM SHALL NOTIFY PARENTS AND 16
GUARDIANS THAT THE L OCAL SCHOOL SYSTEM H AS RECEIVED A CREDIB LE 17
ALLEGATION AS SOON A S FEASIBLE AFTER THE LOCAL SCHOOL SYSTEM IS MADE 18
AWARE OF THE CREDIBLE ALLEGATION. 19
(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 20
SUBSECTION SHALL: 21
(I) CONFIRM THAT A CREDIBLE ALLEGATION WAS RECEIVED; 22
(II) INDICATE WHETHER THE EMPLOYEE WAS REMOVED FROM 23
STUDENT CONTACT; 24
(III) DESCRIBE THE SAFETY PRECAUTIONS BEING TAKEN BY THE 25
LOCAL SCHOOL SYSTEM; AND 26
(IV) LIST REFERRALS TO AVA ILABLE COUNSELING AN D 27
SUPPORT RESOURCES, IF ANY. 28
6 HOUSE BILL 1168
(3) A LOCAL SCHOOL SYSTEM MAY NOT DISCLOSE THE NAME OF THE 1
EMPLOYEE UNDER INVES TIGATION IN THE NOTI CE SENT TO PARENTS A ND 2
GUARDIANS UNDER THIS SUBSECTION. 3
(G) (1) ON THE CONCLUSION OF A CHILD SEXUAL ABUSE OR SEXUAL 4
MISCONDUCT CASE OR A SERIOUS INCIDENT , A LOCAL SCHOOL SYSTE M SHALL 5
CONDUCT AN AFTER–ACTION REVIEW WITHIN 45 DAYS OF THE CONCLUSION OF THE 6
INCIDENT TO: 7
(I) ANALYZE HOW THE INCIDENT OCCURRED; 8
(II) IDENTIFY SYSTEMIC AND ENVIRONMENTAL CONDIT IONS 9
THAT CONTRIBUTED TO THE INCIDENT; 10
(III) IDENTIFY GAPS IN PROC EDURES, COMMUNICATION, 11
SUPERVISION, OR CULTURE; 12
(IV) EVALUATE THE TIMELINE SS OF PARENT AND GUA RDIAN 13
NOTIFICATION; 14
(V) EXAMINE COORDINATION WITH LAW ENFORCEMENT AND 15
CHILD PROTECTIVE SERVICES; 16
(VI) EVALUATE COMPLIANCE W ITH TRANSPARENCY 17
REQUIREMENTS; AND 18
(VII) IDENTIFY AREAS FOR PROCESS IMPROVEMENTS. 19
(2) A WRITTEN REDACTED REP ORT OF THE FINDINGS OF THE 20
AFTER–ACTION REVIEW CONDUCTED UNDER PARAGRAPH (1) OF THIS SUBSECTION 21
MAY BE PROVIDED TO THE STATE BOARD AND THE STATE SUPERINTENDENT. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2026. 24